Counter Terrorism Legislation Amendment (Foreign Fighters) Act 2014 (116 of 2014)

Schedule 1   Main counter terrorism amendments

Part 1   Amendments

Criminal Code Act 1995

88   Subsection 105.4(4) of the Criminal Code

Repeal the subsection, substitute:

(4) A person meets the requirements of this subsection if:

(a) in the case of an AFP member - the member suspects, on reasonable grounds, that the subject:

(i) will engage in a terrorist act; or

(ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or

(iii) has done an act in preparation for, or planning, a terrorist act; and

(b) in the case of an issuing authority - the issuing authority is satisfied there are reasonable grounds to suspect that the subject:

(i) will engage in a terrorist act; or

(ii) possesses a thing that is connected with the preparation for, or the engagement of a person in, a terrorist act; or

(iii) has done an act in preparation for, or planning, a terrorist act; and

(c) the person is satisfied that making the order would substantially assist in preventing a terrorist act occurring; and

(d) the person is satisfied that detaining the subject for the period for which the person is to be detained under the order is reasonably necessary for the purpose referred to in paragraph (c).