South Australian Numbered Acts

STATUTES AMENDMENT (TERROR SUSPECT DETENTION) ACT 2017 (NO 69 OF 2017) - SECT 5

5—Insertion of section 3B

After section 3A insert:

3B—Terror suspects

        (1)         A person is a "terror suspect" for the purposes of a bail application or bail agreement under this Act if—

            (a)         the bail application or bail agreement does not relate to a terrorist offence; but

            (b)         the person—

                  (i)         is, or has previously been, charged with, or convicted of, a terrorist offence; or

                  (ii)         is the subject of a terrorism notification; or

                  (iii)         is, or has previously been, the subject of a control order under Part 5.3 of the Commonwealth Criminal Code.

Note—

If the bail application or bail agreement relates to a terrorist offence, see section 15AA of the Crimes Act 1914 of the Commonwealth.

        (2)         For the purposes of subsection (1)(b)(i)

, a person is only taken to have been charged with an offence if an information or other initiating process charging the person with the offence has been filed in a court.