Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016 (95 of 2016)

Schedule 1   Criminal Code Act 1995

Criminal Code Act 1995

1C   Subsection 104.2(5) of the Criminal Code

Repeal the subsection, substitute:

(5) To avoid doubt, a senior AFP member may seek the Attorney-General's consent to request an interim control order in relation to a person even if:

(a) such a request has previously been made in relation to the person; or

(b) the person is detained in custody.

Note: An interim control order in relation to a person who is detained in custody does not begin to be in force until the person is released from custody (see paragraph 104.5(1)(d)).