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 B - Making an interim control order  

SECTION 104.5B   Conditions where exemptions may be granted  

(1)    
The issuing court may specify conditions included in the order that are to be exemption conditions.

(2)    
An exemption condition is a condition specified in the order from which the person may apply for a temporary exemption.

(3)    
The issuing court may make provision in relation to applications for temporary exemptions.

(4)    
The person may apply, in writing, to a specified authority for an exemption from an exemption condition. The application must:

(a)    include a reason for the exemption; and

(b)    comply with any other requirements provided for under subsection (3) .

(5)    
If the person so applies, the specified authority may:

(a)    require further information to be provided by the person before making a decision in relation to the application; and

(b)    either:


(i) grant or refuse the exemption; or

(ii) grant the exemption subject to any reasonable directions specified in writing by the specified authority.




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