Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 104 - Control orders  

Subdivision D - Confirming an interim control order  

SECTION 104.14   Confirming an interim control order  
When this section applies

(1A)    
This section applies if:

(a)    an interim control order is made in relation to a person; and

(b)    an election is made under section 104.12A to confirm the order; and

(c)    the issuing court is satisfied on the balance of probabilities that section 104.12 and subsection 104.12A(2) have been complied with in relation to the order.

(1)   Who may adduce evidence or make submissions.  

On the day specified as mentioned in paragraph 104.5(1)(e) , the following persons may adduce evidence (including by calling witnesses or producing material), or make submissions, to the issuing court in relation to the confirmation of the order:

(a)    the senior AFP member who requested the interim control order;

(b)    one or more other AFP members;

(c)    the person in relation to whom the interim control order is made;

(d)    one or more representatives of the person;

(e)    if:

(i) the person is a resident of Queensland; or

(ii) the court made the interim control order in Queensland;

the Queensland public interest monitor.

(2)    
Subsection (1) does not otherwise limit the power of the court to control proceedings in relation to the confirmation of an interim control order.

(3)    

Subject to subsection (3A) , before taking action under this section, the court must consider:

(a)    the original request for the interim control order; and

(b)    any evidence adduced, and any submissions made, under subsection (1) in respect of the order.

(3A)    

To avoid doubt, in proceedings under this section, the issuing court:

(a)    must take judicial notice of the fact that the original request for the interim control order was made in particular terms; but

(b)    may only take action on evidence adduced, and submissions made, under subsection (1) in relation to the confirmation of the order.

Note:

The Evidence Act 1995 covers the admissibility of evidence adduced under subsection (1) .

(4)   Failure of person or representative etc. to attend.  

The court may confirm the order without variation if none of the following persons attend the court on the specified day:

(a)    the person in relation to whom the order is made;

(b)    a representative of the person;

(c)    if the person is a resident of Queensland, or the court made the order in Queensland - the Queensland public interest monitor.

(5)   Attendance of person or representative etc.  

The court may take the action mentioned in subsection (6) or (7) if any of the following persons attend the court on the specified day:

(a)    the person in relation to whom the order is made;

(b)    a representative of the person;

(c)    if the person is a resident of Queensland, or the court made the order in Queensland - the Queensland public interest monitor.

(6)    
The court may declare, in writing, the order to be void if the court is satisfied that, at the time of making the order, there were no grounds on which to make the order.

(7)    
Otherwise, the court may:

(a)    revoke the order if, at the time of confirming the order, the court is not satisfied as mentioned in paragraph 104.4(1)(c) ; or

(b)    

confirm and vary the order by removing one or more conditions if, at the time of confirming the order, the court is satisfied as mentioned in paragraph 104.4(1)(c) but is not satisfied as mentioned in paragraph 104.4(1)(d) ; or

(c)    confirm the order without variation if, at the time of confirming the order, the court is satisfied as mentioned in paragraphs 104.4(1)(c) and (d) .

Note:

If the court confirms the interim control order, the court must make a new order under section 104.16 .