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DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 - SECT 5 Attorney-General may apply for orders

DANGEROUS PRISONERS (SEXUAL OFFENDERS) ACT 2003 - SECT 5

Attorney-General may apply for orders

5 Attorney-General may apply for orders

(1) The Attorney-General may apply to the court for an order or orders under section 8 and a division 3 order in relation to a prisoner.
(2) The application must—
(a) state the orders sought; and
(b) be accompanied by any affidavits to be relied on by the Attorney-General for the purpose of seeking an order or orders under section 8 ; and
(c) be made during the last 6 months of the prisoner’s period of imprisonment.
(3) On the filing of the application, the registrar must record a return date for the matter to come before the court for a hearing (
"preliminary hearing" ) to decide whether the court is satisfied that there are reasonable grounds for believing the prisoner is a serious danger to the community in the absence of a division 3 order.
(4) The return date for the preliminary hearing must be within 28 business days after the filing.
(5) A copy of the application and any affidavit to be relied on by the Attorney-General must be given to the prisoner within 2 business days after the filing.
(6) In this section—


"parole order" means—
(a) a parole order under the Corrective Services Act 2006; or
(b) a statutory parole order under the Youth Justice Act 1992.

"period of imprisonment" includes—
(a) a period of detention mentioned in the definition
"prisoner" , paragraph (b) ; and
(b) a term of imprisonment a person is liable to serve as mentioned in the definition
"prisoner" , paragraph (c) (iii) ; and
(c) a period a person is kept in a prison during a suspension period of a parole order as mentioned in the definition
"prisoner" , paragraph (d) (iii) .

"prison" see the Corrective Services Act 2006 , schedule 4 .


"prisoner"
(a) means a prisoner detained in custody who is serving a period of imprisonment for a serious sexual offence, or is serving a period of imprisonment that includes a term of imprisonment for a serious sexual offence, whether the person was sentenced to the term or period of imprisonment before or after the commencement of this section; and
(b) includes a person who, as mentioned in the Youth Justice Act 1992 , section 138 (3) , is serving a period of detention, and is being held in custody in a corrective services facility, for a child offence that is a serious sexual offence; and
(c) includes a person who—
(i) was serving a period of detention, in a detention centre under the Youth Justice Act 1992 , for a serious sexual offence; and
(ii) under part 8 , division 2A , subdivision 1 of that Act, has been transferred to a corrective services facility and is being held in custody in the facility; and
(iii) is liable, under section 276E of that Act, to serve a term of imprisonment for the offence equal to the period of detention the person remains liable to serve for the offence; and
(d) includes a person who—
(i) was serving a period of imprisonment mentioned in paragraph (a) or a period of detention mentioned in paragraph (b) or (c) (i) ; and
(ii) is the subject of a parole order that has been suspended under the Corrective Services Act 2006 ; and
(iii) is being kept in a prison during the suspension period.