Bill
Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016
passed, as at 2016-12-07. Attorney-General portfolio.
- Sponsor
- Not recorded
- Portfolio
- Attorney-General
Recorded stages
- introduced — 2016-09-15
- second reading — 2016-09-15
- second reading — 2016-12-01
- second reading — 2016-12-01
- committee — 2016-12-01
- third reading — 2016-12-01
- introduced — 2016-12-01
- second reading — 2016-12-01
- second reading — 2016-12-01
- second reading — 2016-12-01
- third reading — 2016-12-01
- passed — 2016-12-01
- royal assent — 2016-12-07
Divisions
- Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016 - Second Reading - Agree with the bill's main idea — 2016-12-01, Senate: affirmative, ayes 46, noes 9
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2016-09-15.
The bill would let the government keep terrorist offenders in prison after their sentences end if a court finds they still pose a serious risk.
The Attorney-General could ask a state or territory supreme court for a continuing detention order of up to three years, with reviews every year.
The scheme covers people convicted of terrorism offences carrying a maximum penalty of seven or more years in prison.
- Creates a continuing detention order scheme for terrorist offenders assessed as an unacceptable risk.
- Allows the Attorney-General to apply to a supreme court for an order, which can be renewed without limit.
- Requires annual court reviews of each order, with the Attorney-General bearing the burden of proof.
- Mandates that detainees be treated as not serving a sentence and be kept separate from ordinary prisoners unless exceptions apply.
- Requires the Attorney-General to report annually to Parliament on the scheme's operation.
- Makes consequential amendments to several Acts to allow seized evidence to be used in applications.
Terrorist offenders convicted of specified terrorism offences who are about to finish their custodial sentences.
Sources
em
em supp
em supp
em revised
billhome
frl act