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 104.5A   Conditions of an interim control order  

General conditions

(1)    
Without limiting the conditions that the issuing court may impose on the person by the order, those conditions may relate to any of the following:

(a)    that the person not be present at one or more of the following:

(i) specified areas or places;

(ii) specified classes of areas or places;

(iii) any area or place determined by a specified authority;

(b)    that the person reside at specified premises, and not begin to reside at any other premises without the prior permission of a specified authority;

(c)    that the person remain at specified premises between specified times each day, or on specified days, subject to subsection (5) ;

(d)    that the person not leave Australia, or the State or Territory in which the person ' s residence is located;

(e)    that the person provide a specified authority with the person ' s passport (or passports) while the order is in force;

(f)    that the person not change the person ' s name, or use any name that is not specified in the order;

(g)    that the person not apply for one or more of the following:

(i) any Australian travel document;

(ii) any travel document of a foreign country;

(iii) any licence to operate equipment, machinery, a heavy vehicle or a weapon, or any licence to possess a weapon;

(h)    that the person not communicate or associate by any means (including through third parties) with one or more of the following:

(i) specified individuals;

(ii) specified classes of individuals;

(iii) any individuals determined by a specified authority;

(i)    that the person not access or use specified forms of telecommunication or other technology (including the internet);

(j)    that the person not possess or use specified articles or substances;

(k)    that the person not carry out specified activities;

(l)    that the person not engage in one or more of the following:

(i) specified work;

(ii) specified classes of work;

(iii) specified activities relating to specified work or classes of work;

(m)    that the person not engage in any training or education without the prior permission of a specified authority;

(n)    that the person do any or all of the following:

(i) attend and participate in treatment, rehabilitation or intervention programs or activities;

(ii) undertake psychological or psychiatric assessment or counselling;

as specified in the order or as directed by a specified authority;

(o)    that the person attend and participate in interviews and assessments (including for the purposes of paragraph (n) ) as specified in the order or as directed by a specified authority;

(p)    that the person allow the results of the interviews and assessments referred to in paragraph (o) , and any other specified information, to be disclosed to a specified authority;

(q)    that the person provide specified information to a specified authority within a specified period or before a specified event;

(r)    that the person comply with any reasonable direction given to the person by a specified authority in relation to any specified condition (whether or not the condition is imposed in accordance with this subsection).

Note:

See also subsections (9) and (10) and section 100.1 in relation to references to premises, reside or residence, and work.

Conditions relating to monitoring and enforcement

(2)    
Without limiting the conditions that the issuing court may impose on the person by the order, those conditions may also relate to any of the following:

(a)    that the person submit to testing by a specified authority in relation to the possession or use of specified articles or substances;

(b)    that the person allow themselves to be photographed by a specified authority;

(c)    that the person allow impressions of the person ' s fingerprints to be taken by a specified authority;

(d)    that the person be subject to electronic monitoring (for example, by wearing a monitoring device at all times), and comply with directions given by a specified authority in relation to electronic monitoring;

(e)    a condition that:

(i) the person carry at all times a specified mobile phone; and

(ii) the person be available to answer any call from a specified authority or, as soon as reasonably practicable, return a call that the person was unable to answer; and

(iii) the person comply with specified directions, or any directions given by a specified authority, in relation to the condition in subparagraph (i) or (ii) ;

(f)    that the person attend at places, and report to persons, at times, specified:

(i) in the order; or

(ii) by a specified authority;

(g)    that the person allow visits at specified premises from, and entry to specified premises by, a specified authority at any time for the purpose of ensuring the person ' s compliance with a condition imposed in accordance with paragraph (1)(c) ;

(h)    that the person provide a specified authority with a schedule setting out the person ' s proposed movements for a specified period and comply with that schedule during the period;

(i)    that the person allow any police officer to enter specified premises and:

(i) search the person; and

(ii) search the person ' s residence or any premises which the person intends to be the person ' s residence; and

(iii) search any other premises under the person ' s control; and

(iv) seize any item found during those searches, including to allow the item to be examined forensically;

(j)    that the person facilitate access (including by providing passwords or in any other way) to one or more of the following:

(i) electronic equipment or technology;

(ii) any data held within, or accessible from, any electronic equipment or technology;

owned or controlled by the person, for the purposes of a police officer searching and seizing any such equipment or accessing such data (or both).

Note 1:

For paragraphs (2)(b) and (c) , restrictions apply to the use of photographs or impressions of fingerprints (see section 104.5C ).

Note 2:

For paragraph (2)(d) , see also section 104.5D (obligations relating to monitoring devices).

(3)    
A power exercised under a condition imposed in accordance with subsection (2) (other than a power to give a direction) may be exercised only if the person exercising the power is satisfied that it is reasonably necessary to do so in order to:

(a)    give effect to the order; or

(b)    facilitate or monitor compliance with the order.

Directions

(4)    
If a condition imposed on the person by the order authorises a specified authority to give a direction, the specified authority may give a direction only if the specified authority is satisfied that the direction is reasonable in all the circumstances to give effect to:

(a)    the condition; or

(b)    the object of this Division (see section 104.1 ).

Limitations

(5)    
A condition imposed on the person by the order must not require the person to remain at specified premises for more than 12 hours within any 24 hours.

(6)    
If the person is subject to an order under a law of a State or Territory that is equivalent to a control order, the issuing court must consider the conditions under that State or Territory order in imposing conditions on the person by the order.

General rules about conditions

(7)    
To avoid doubt, without limiting subsection 33(3A) of the Acts Interpretation Act 1901 , a condition imposed on the person by the order may:

(a)    prohibit or restrict specified conduct of the person, or impose obligations on the person; or

(b)    impose restrictions and obligations on the person in relation to classes of conduct, and prohibit other classes of that conduct; or

(c)    impose different restrictions, obligations and prohibitions in relation to different classes of conduct; or

(d)    for conduct that is prohibited by a condition described in a paragraph of subsection (1) - impose restrictions and obligations on the person in relation to that conduct instead of prohibiting that conduct; or

(e)    for conduct described in a paragraph of subsection (1) or (2) - impose different restrictions, obligations and prohibitions in relation to that conduct.

Access to lawyers

(8)    
This section does not affect the person ' s right to contact, communicate or associate with the person ' s lawyer unless the person ' s lawyer is an individual covered by the condition in paragraph (1)(h) . If the person ' s lawyer is so specified, the person may contact, communicate or associate with any other lawyer who is not so specified.

References to work

(9)    
In subsection (1) , a reference to work includes a reference to voluntary work.

Meaning of premises

(10)    
In this section:

premises
includes a place, an aircraft, a vehicle and a vessel.