Counter-Terrorism Legislation Amendment Act (No. 1) 2016 (82 of 2016)

Schedule 2   Control orders for young people

Criminal Code Act 1995

26   Subsection 104.24(2) of the Criminal Code

Repeal the subsection, substitute:

(2) For the purposes of paragraph (1)(b), in determining whether each of the additional obligations, prohibitions and restrictions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, the court must take into account:

(a) as a paramount consideration in all cases - the objects of this Division (see section 104.1); and

(b) as a primary consideration in the case where the person is 14 to 17 years of age - the best interests of the person; and

(c) as an additional consideration in all cases - the impact of the obligation, prohibition or restriction on the person's circumstances (including the person's financial and personal circumstances).

(2A) In determining what is in the best interests of the person for the purposes of paragraph (2)(b), the court must take into account the matters referred to in subsection 104.4(2A).