Index

That funny feeling in Division 105A of the Criminal Code: Benbrika and the INSLM Review

Samuel Naylor

On 19 December 2023, Abdul Nacer Benbrika was released from custody after being detained for the best part of 20 years. He was released after Hollingworth J of the Victorian Supreme Court made orders replacing a continuing detention order (CDO) with an extended supervision order (ESO) pursuant to div 105A within Pt 5.3 of the Criminal Code (Cth) (Code). Division 105A is a Commonwealth legislative scheme of ‘post-sentence orders’ (PSOs) whose object is:

… to protect the community from serious Part 5.3 offences by providing that terrorist offenders who pose an unacceptable risk of committing such offences are subject to [a CDO or ESO].

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Preventive measures and the far-right threat; the limit of Commonwealth power

Jessie Smith

The Parliamentary Joint Committee on Intelligence and Security (the Committee) is currently examining extremist movements and radicalism in Australia. This follows a public statement by the Australian Security and Intelligence Organisation (ASIO) that the far-right threat has increased. The Home Affairs Minister has referred several topics for …

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