Criminal Code Act 1995

Div 104 inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provisions, see note under definition of " advocate " in s 102.1.

Subdiv CA repealed by No 96 of 2023, s 3 and Sch 2 item 12, effective 25 November 2023.

Subdiv CA inserted by No 74 of 2018, s 3 and Sch 1 item 2, effective 25 August 2018.

S 104.11A repealed by No 96 of 2023, s 3 and Sch 2 item 12, effective 25 November 2023. S 104.11A formerly read:

SECTION 104.11A Varying an interim control order  
(1)
An application to vary an interim control order may be made to the issuing court by:

(a) the person in relation to whom the order is made; or

(b) a senior AFP member.

Note:

For example, an application may be made to vary an interim control order to reflect a change in the mobile telephone number of the person in relation to whom the order is made.

(2)
The issuing court may vary the interim control order, but only if the court is satisfied that:

(a) written consent to the variation has been given by:

(i) if the application is made by the person in relation to whom the order is made - a senior AFP member; or

(ii) if the application is made by a senior AFP member - the person in relation to whom the order is made; and

(b) the variation does not involve adding any obligations, prohibitions or restrictions to the order; and

(c) the variation is appropriate in the circumstances.

(3)
A variation begins to be in force when the order for the variation is made, or at a later time ordered by the issuing court.