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 104.3  

104.3   Requesting the court to make an interim control order  
If the AFP Minister consents to the request under section 104.2 , the senior AFP member may request an interim control order by giving an issuing court the following:

(a)    a request the information in which is sworn or affirmed by the member;

(b)    all that is required under subsection 104.2(3) (incorporating any change made to the draft of the interim control order under subsection 104.2(4) );

(d)    

the following:

(i) an explanation as to why each of the proposed conditions should be imposed on the person;

(ii) if the member is aware of any facts relating to why any of those conditions should not be imposed on the person - a statement of those facts;

(e)    

the following:

(i) the outcomes and particulars of all previous requests for interim control orders (including the outcomes of the hearings to confirm the orders), and all previous applications for post-sentence orders or interim post-sentence orders, in relation to the person;

(ii) the outcomes and particulars of all previous applications for variations of control orders or of post-sentence orders made in relation to the person;

(iii) the outcomes and particulars of all previous applications for revocations of control orders made in relation to the person;

(iiia) the outcomes and particulars of all previous applications for revocations of post-sentence orders or interim post-sentence orders made in relation to the person;

(iiib) the particulars of any revocations that occur by operation of this Act of continuing detention orders in relation to the person;

(iiic) the outcomes and particulars of all previous applications for review of post-sentence orders in relation to the person;

(iv) the outcomes and particulars of all previous applications for preventative detention orders in relation to the person;

(v) information (if any) that the member has about any periods for which the person has been detained under an order made under a corresponding State preventative detention law;

(f)    a copy of the AFP Minister ' s consent.

Note:

The member might commit an offence if the draft request is false or misleading (see sections 137.1 and 137.2 ).