Criminal Code Act 1995
Schedule
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The Criminal Code
Subdivision B
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Making an interim control order
SECTION 104.5
Terms of an interim control order
(1)
If the issuing court makes the interim control order, the order must: (a) state that the court is satisfied of the matters mentioned in paragraphs 104.4(1)(c) and (d) ; and (b) specify the name of the person to whom the order relates; and (c) specify:
Attendance of person at court
(1A)
The day specified for the purposes of paragraph (1)(e) must be as soon as practicable, but at least 7 days, after the order is made.
(1B)
In specifying a day for the purposes of paragraph (1)(e) , the issuing court must take into account: (a) that the persons mentioned in subsection 104.14(1) may need to prepare in order to adduce evidence or make submissions to the court in relation to the confirmation of the order; and (aa) if the person to whom the order relates is detained in custody - any other matter relating to the person ' s detention that the court considers relevant; and (b) any other matter the court considers relevant.
(1C)
To avoid doubt, if the person is detained in custody, the person has a right to attend court on the day specified for the purposes of paragraph (1)(e) .
Rules relating to the period an interim control order is in force
(1D)
The interim control order does not begin to be in force when it is served personally on the person if, at that time: (a) the person is detained in custody in a prison; or (b) an extended supervision order or interim supervision order is in force in relation to the person.
(1E)
The interim control order referred to in subsection (1D) instead begins to be in force when all of the following conditions are met: (a) either of the following events occurs:
(1F)
To avoid doubt, the interim control order never comes into force if the condition in subparagraph (1E)(b)(ii) is not met.
(2)
Paragraph (1)(f) does not prevent the making of successive control orders in relation to the same person.
(2AA)
To avoid doubt, if a control order is in force in relation to a person, the control order does not cease to be in force merely because the person is detained in custody.
National security information
(2A)
To avoid doubt, paragraph (1)(h) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 ).
(3)
(Repealed by No 96 of 2023)
(3A)
(Repealed by No 96 of 2023)
(3B)
(Repealed by No 131 of 2021)
(4)
(Repealed by No 96 of 2023)
(5)
(Repealed by No 96 of 2023)
(6)
(Repealed by No 96 of 2023)
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 104 - Control orders
View history note
Hide history noteIf the issuing court makes the interim control order, the order must: (a) state that the court is satisfied of the matters mentioned in paragraphs 104.4(1)(c) and (d) ; and (b) specify the name of the person to whom the order relates; and (c) specify:
(i) all of the conditions that are to be imposed in accordance with section 104.5A on the person by the order; and
(d) state that the order does not begin to be in force until:
(ii) any exemption conditions that are to be imposed in accordance with section 104.5B on the person by the order; and
(i) it is served personally on the person; and
(e) specify a day on which the person may attend the court for the court to:
(ii) if the order does not begin to be in force under subsection (1D) when it is served personally on the person - the order begins to be in force under subsection (1E) ; and
(i) confirm (with or without variation) the interim control order; or
(ii) declare the interim control order to be void; or
(f) specify the period during which the confirmed control order is to be in force, which must not end more than 12 months after the day on which the interim control order is made; and (g) state that the person ' s lawyer may attend a specified place in order to obtain a copy of the interim control order; and (h) set out a summary of the grounds on which the order is made.
(iii) revoke the interim control order; and
Note 1:
An interim control order made in relation to a person must be served on the person at least 48 hours before the day specified as mentioned in paragraph (1)(e) (see section 104.12 ).
Note 2:
If the person is 14 to 17 years of age, then a confirmed control order must not end more than 3 months after the day on which the interim control order is made (see section 104.28 ).
Attendance of person at court
(1A)
The day specified for the purposes of paragraph (1)(e) must be as soon as practicable, but at least 7 days, after the order is made.
(1B)
In specifying a day for the purposes of paragraph (1)(e) , the issuing court must take into account: (a) that the persons mentioned in subsection 104.14(1) may need to prepare in order to adduce evidence or make submissions to the court in relation to the confirmation of the order; and (aa) if the person to whom the order relates is detained in custody - any other matter relating to the person ' s detention that the court considers relevant; and (b) any other matter the court considers relevant.
(1C)
To avoid doubt, if the person is detained in custody, the person has a right to attend court on the day specified for the purposes of paragraph (1)(e) .
Rules relating to the period an interim control order is in force
(1D)
The interim control order does not begin to be in force when it is served personally on the person if, at that time: (a) the person is detained in custody in a prison; or (b) an extended supervision order or interim supervision order is in force in relation to the person.
Note:
An interim control order in relation to a person who is detained in non-prison custody begins to be in force when the order is served personally on the person (see paragraph (1)(d) ).
(1E)
The interim control order referred to in subsection (1D) instead begins to be in force when all of the following conditions are met: (a) either of the following events occurs:
(i) the person ceases to be detained in custody in a prison;
(b) when the event occurs:
(ii) the extended supervision order or interim supervision order ceases to be in force in relation to the person;
(i) the interim control order has not been confirmed under section 104.14 ; and
(ii) the person is in the community without an extended supervision order or interim supervision order being in force in relation to the person.
Note:
Persons detained in non-prison custody are taken to be in the community (see section 105A.18AA ).
(1F)
To avoid doubt, the interim control order never comes into force if the condition in subparagraph (1E)(b)(ii) is not met.
(2)
Paragraph (1)(f) does not prevent the making of successive control orders in relation to the same person.
(2AA)
To avoid doubt, if a control order is in force in relation to a person, the control order does not cease to be in force merely because the person is detained in custody.
National security information
(2A)
To avoid doubt, paragraph (1)(h) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 ).
(3)
(Repealed by No 96 of 2023)
(3A)
(Repealed by No 96 of 2023)
(3B)
(Repealed by No 131 of 2021)
(4)
(Repealed by No 96 of 2023)
(5)
(Repealed by No 96 of 2023)
(6)
(Repealed by No 96 of 2023)
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