Criminal Code Act 1995
Schedule
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The Criminal Code
Subdivision F
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Adding conditions to a control order
SECTION 104.24
Varying a control order
(1)
If an application is made under section 104.23 , the issuing court may vary the control order, but only if: (a) an application has been made in accordance with section 104.23 ; and (b) the court is satisfied on the balance of probabilities that each of the additional conditions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of:
(2)
For the purposes of paragraph (1)(b) , in determining whether each of the additional conditions 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 condition 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) .
(3)
(Repealed by No 131 of 2021)
(4)
In paragraph (1)(b) , a reference to a terrorist act includes: (a) a reference to a terrorist act that does not occur; and (b) a reference to a specific terrorist act; and (c) a reference to more than one terrorist act.
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 104 - Control orders
View history note
Hide history noteIf an application is made under section 104.23 , the issuing court may vary the control order, but only if: (a) an application has been made in accordance with section 104.23 ; and (b) the court is satisfied on the balance of probabilities that each of the additional conditions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of:
(i) protecting the public from a terrorist act; or
(ii) preventing the provision of support for or the facilitation of a terrorist act; or
(ii) preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.
(2)
For the purposes of paragraph (1)(b) , in determining whether each of the additional conditions 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 condition 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) .
(3)
(Repealed by No 131 of 2021)
(4)
In paragraph (1)(b) , a reference to a terrorist act includes: (a) a reference to a terrorist act that does not occur; and (b) a reference to a specific terrorist act; and (c) a reference to more than one terrorist act.
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