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 104.15   Effect of confirmation process on interim control orders  
Void interim control orders

(1)    
If the court declares the interim control order to be void under section 104.14 , the order is taken never to have been in force.

Revoked interim control orders

(2)    
If the court revokes the interim control order under section 104.14 , the order ceases to be in force when the court revokes the order.

Confirming interim control orders that were in force

(3)    

If the court confirms the interim control order (with or without variation) under section 104.14 then (subject to subsection (4) of this section):

(a) the interim control order ceases to be in force; and

(b) the confirmed control order begins to be in force;

when the court makes a corresponding order under section 104.16

Interim control orders that were not in force

(4)    

The interim control order never comes into force if:

(a)    the court confirms the interim control order (with or without variation) under section 104.14 in relation to a person; and

(b)    the interim control order had not begun to be in force when it was served personally on the person because of subsection 104.5(1D) .

(5)    

The confirmed control order begins to be in force when all of the following conditions are met:

(a)    the relevant interim control order did not begin to be in force when it was served personally on the person because of subsection 104.5(1D) ;

(b)    either of the following events occurs:

(i) the person is released from custody in a prison into the community;

(ii) the extended supervision order or interim supervision order referred to in paragraph 104.5(1D)(b) ceases to be in force in relation to the person;

(c)    when the event occurs, the person is in the community without an extended supervision order or interim supervision order being in force in relation to the person.

Note:

Persons detained in non-prison custody are taken to be in the community (see section 105A.18AA ).

(6)    
To avoid doubt, the confirmed control order never comes into force if the condition in paragraph (5)(c) is not met.