Criminal Code Act 1995
Schedule
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The Criminal Code
Subdivision C
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Making an urgent interim control order
SECTION 104.8
Requesting an urgent interim control order in person
(1)
A senior AFP member may request, in person, an issuing court to make an interim control order in relation to a person without first obtaining the AFP Minister ' s consent under section 104.2 if:
(a) the member considers it necessary to request the order without the consent because of urgent circumstances; and
(b) the member suspects the matters mentioned in subsection 104.2(2) on reasonable grounds.
(2)
The request must include the following:
(a) all that is required under paragraphs 104.3(a) to (e) in respect of an ordinary request for an interim control order;
(b) an explanation that is sworn or affirmed as to why the making of the interim control order without first obtaining the AFP Minister ' s consent is urgent.
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 104 - Control orders
View history note
Hide history noteA senior AFP member may request, in person, an issuing court to make an interim control order in relation to a person without first obtaining the AFP Minister ' s consent under section 104.2 if:
(a) the member considers it necessary to request the order without the consent because of urgent circumstances; and
(b) the member suspects the matters mentioned in subsection 104.2(2) on reasonable grounds.
Note:
The AFP Minister ' s consent must be obtained within 8 hours of making the request (see section 104.10 ).
(2)
The request must include the following:
(a) all that is required under paragraphs 104.3(a) to (e) in respect of an ordinary request for an interim control order;
(b) an explanation that is sworn or affirmed as to why the making of the interim control order without first obtaining the AFP Minister ' s consent is urgent.
Note:
The member might commit an offence if the request is false or misleading (see sections 137.1 and 137.2 ).
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