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 104.12   Service, explanation and notification of an interim control order  

(1)   Service and explanation of an interim control order.  

As soon as practicable after an interim control order is made in relation to a person, and at least 48 hours before the day specified as mentioned in paragraph 104.5(1)(e) , an AFP member:

(a)    must serve the order personally on the person; and

(b)    

must inform the person of the following:

(i) the effect of the order;

(ii) the period for which the order (if confirmed) is in force;

(iii) the effect of sections 104.12A , 104.13 , 104.14 , 104.18 and 104.27 (and section 104.5C if appropriate);

(iiia) that the person has a right to obtain legal advice and legal representation;

(iv) that the person may have appeal and review rights in relation to the decision of the issuing court to make the order;

(v) the person ' s right to attend court on the day specified for the purposes of paragraph 104.5(1)(e) ;

(vi) the right of the person or one or more representatives of the person, and (if relevant) the right of the Queensland public interest monitor, to adduce evidence or make submissions under subsection 104.14(1) if the order is confirmed;

(vii) that the person may have appeal and review rights in relation to any decision of the issuing court to confirm the order;

(viia) that the order may be varied by consent, in accordance with section 104.22 ;

(viii) the person ' s right to apply under section 104.18 for an order revoking or varying the order if it is confirmed;

(ix) the right of the person or one or more representatives of the person, and (if relevant) the right of the Queensland public interest monitor, to adduce evidence or make submissions under subsection 104.19(3) or 104.23(4) in relation to an application to revoke or vary the order if it is confirmed; and

(c)    must ensure that the person understands the information provided under paragraph (b) (taking into account the person ' s age, language skills, mental capacity and any other relevant factor).

Note:

For the personal service of documents on a person detained in custody, see section 104.28B .

(3)    
Paragraphs (1)(b) and (c) do not apply if the actions of the person in relation to whom the interim control order has been made make it impracticable for the AFP member to comply with those paragraphs.

(3A)    
Paragraphs (1)(b) and (c) do not apply if the person in relation to whom the interim control order has been made is detained in custody and it is impracticable for the AFP member to comply with those paragraphs.

(4)    
A failure to comply with paragraph (1)(c) does not make the control order ineffective to any extent.

If person is resident, or order made, in Queensland

(5)    
If:

(a)    the person in relation to whom the interim control order is made is a resident of Queensland; or

(b)    the issuing court that made the interim control order did so in Queensland;

an AFP member must give to the Queensland public interest monitor a copy of the order.

If person is 14 to 17

(6)    
As soon as practicable after an interim control order is made in relation to a person who is 14 to 17 years of age, and at least 48 hours before the day specified as mentioned in paragraph 104.5(1)(e) , an AFP member must take reasonable steps to serve a copy of the order personally on at least one parent or guardian of the person.