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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
High Risk Offenders Legislation Amendment
Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes (High Risk Offenders) Act 2006 No 7 3
Schedule 2 Amendment of Terrorism (High Risk Offenders) Act 2017 No 68 5
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
High Risk Offenders Legislation Amendment
Bill 2024
Act No , 2024
An Act to amend the Crimes (High Risk Offenders) Act 2006 and the Terrorism (High Risk
Offenders) Act 2017 for particular purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
High Risk Offenders Legislation Amendment Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the High Risk Offenders Legislation Amendment Act 2024.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
High Risk Offenders Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Crimes (High Risk Offenders) Act 2006 No 7
Schedule 1 Amendment of Crimes (High Risk Offenders) Act
2006 No 7
[1] Section 4 Definitions
Insert in alphabetical order in section 4(1)--
aggregate sentence of imprisonment has the same meaning as in the Crimes
(Sentencing Procedure) Act 1999.
cumulative sentence of imprisonment means 2 or more sentences of
imprisonment in which each sentence of imprisonment is served concurrently
or consecutively, or partly concurrently and partly consecutively, with 1 or
more of the other sentences of imprisonment.
[2] Section 5 Definitions of "serious sex offence" and "offence of a sexual nature"
Insert "37(2)," after "section" in section 5(1)(b).
[3] Section 5(2)(b)
Insert "37(2)," after "section".
[4] Section 5A Definition of "serious violence offence"
Insert after section 5A(1)(a)--
(a1) an offence under the Crimes Act 1900, section 37(1) or (2), or
[5] Section 5A(1)(b)
Insert after "or (a1)" after "paragraph (a)".
[6] Section 5I Application for extended supervision order
Omit section 5I(2)(a)(iv). Insert instead--
(iv) that is an aggregate sentence of imprisonment in relation to which
at least 1 of the offences to which the aggregate sentence relates
is an offence referred to in subparagraph (i), (ii) or (iii), or
(v) for an offence, whether under a law of this State or another
Australian jurisdiction, that is part of a cumulative sentence of
imprisonment in relation to which at least 1 of the sentences of
imprisonment comprising the cumulative sentence of
imprisonment is a sentence of imprisonment referred to in
subparagraph (i), (ii), (iii) or (iv), or
[7] Section 5I(4) and (5)
Insert after section 5I(3)--
(4) For the purposes of this section, if a court makes a federal recognizance release
order in relation to a person in respect of a federal sentence imposed on the
person by the court--
(a) the order is taken to be part of the person's federal sentence, and
(b) the person is taken to be serving a sentence of imprisonment for the
period the order is in force.
(5) In this section--
Crimes Act 1914 means the Crimes Act 1914 of the Commonwealth.
federal recognizance release order means an order under the Crimes Act
1914, section 20(1)(b).
Page 3
High Risk Offenders Legislation Amendment Bill 2024 [NSW]
Schedule 1 Amendment of Crimes (High Risk Offenders) Act 2006 No 7
federal sentence has the same meaning as in the Crimes Act 1914.
[8] Section 13B Application for continuing detention order
Omit section 13B(2)(a)(iv). Insert instead--
(iv) that is an aggregate sentence of imprisonment in relation to which
at least 1 of the offences to which the aggregate sentence relates
is an offence referred to in subparagraph (i), (ii) or (iii), or
(v) for an offence, whether under a law of this State or another
Australian jurisdiction, that is part of a cumulative sentence of
imprisonment in relation to which at least 1 of the sentences of
imprisonment comprising the cumulative sentence of
imprisonment is a sentence of imprisonment referred to in
subparagraph (i), (ii), (iii) or (iv), or
Page 4
High Risk Offenders Legislation Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Terrorism (High Risk Offenders) Act 2017 No 68
Schedule 2 Amendment of Terrorism (High Risk Offenders)
Act 2017 No 68
[1] Section 4 Definitions
Insert in alphabetical order in section 4(1)--
aggregate sentence of imprisonment has the same meaning as in the Crimes
(Sentencing Procedure) Act 1999.
cumulative sentence of imprisonment means 2 or more sentences of
imprisonment in which each sentence of imprisonment is served concurrently
or consecutively, or partly concurrently and partly consecutively, with 1 or
more of the other sentences of imprisonment.
[2] Section 7 Eligible offender
Omit section 7(b). Insert instead--
(b) serving, or is continuing to be supervised or detained under this Act
after serving, a sentence of imprisonment--
(i) for a NSW indictable offence, or
(ii) that is an aggregate sentence of imprisonment in relation to which
at least 1 of the offences to which the aggregate sentence relates
is a NSW indictable offence, or
(iii) for an offence, whether under a law of this State or another
Australian jurisdiction, that is part of a cumulative sentence of
imprisonment in relation to which at least 1 of the sentences of
imprisonment comprising the cumulative sentence of
imprisonment is a sentence of imprisonment referred to in
subparagraph (i) or (ii).
[3] Section 20 Supreme Court may make extended supervision orders against eligible
offenders if unacceptable risk
Omit section 20(a)(ii). Insert instead--
(ii) while serving a sentence of imprisonment that is an aggregate
sentence of imprisonment in relation to which at least 1 of the
offences to which the aggregate sentence relates is a NSW
indictable offence, or
(iii) while serving a sentence of imprisonment for an offence, whether
under a law of this State or another Australian jurisdiction, that is
part of a cumulative sentence of imprisonment in relation to
which at least 1 of the sentences of imprisonment comprising the
cumulative sentence of imprisonment is a sentence of
imprisonment referred to in subparagraph (i) or (ii), or
(iv) under an existing interim supervision order, extended supervision
order, interim detention order or continuing detention order, and
[4] Section 23 Requirements with respect to application
Omit section 23(1)(a). Insert instead--
(a) while serving a sentence of imprisonment--
(i) for a NSW indictable offence, or
(ii) that is an aggregate sentence of imprisonment in relation to which
at least 1 of the offences to which the aggregate sentence relates
is a NSW indictable offence, or
Page 5
High Risk Offenders Legislation Amendment Bill 2024 [NSW]
Schedule 2 Amendment of Terrorism (High Risk Offenders) Act 2017 No 68
(iii) for an offence, whether under a law of this State or another
Australian jurisdiction, that is part of a cumulative sentence of
imprisonment in relation to which at least 1 of the sentences of
imprisonment comprising the cumulative sentence of
imprisonment is a sentence of imprisonment referred to in
subparagraph (i) or (ii), or
[5] Section 33 Definitions
Omit definition of detained offender, paragraph (a). Insert instead--
(a) while serving a sentence of imprisonment--
(i) for a NSW indictable offence, or
(ii) that is an aggregate sentence of imprisonment in relation to which
at least 1 of the other offences to which the aggregate sentence
relates is a NSW indictable offence, or
(iii) for an offence, whether under a law of this State or another
Australian jurisdiction, that is part of a cumulative sentence of
imprisonment in relation to which at least 1 of the sentences of
imprisonment comprising the cumulative sentence of
imprisonment is a sentence of imprisonment referred to in
subparagraph (i) or (ii), or
Page 6
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