(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.
(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) .
(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