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Australia chapter iii judicial powerpreventive detentioncounter terrorism

Minister for Home Affairs v Benbrika

(2021) 272 CLR 68
JurisdictionAustralia
CourtHigh Court of Australia
Year2021
StatusBinding authority

Key Principle

Division 105A of the Criminal Code (Cth), empowering a court to order the continuing detention of a convicted terrorist offender who poses an unacceptable risk of committing a serious terrorism offence, validly confers judicial power and does not infringe Chapter III, because such detention has a protective (non-punitive) purpose.

Area of Law

constitutional

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