Counter-Terrorism and Other Legislation Amendment Act 2023 (96 of 2023)

Schedule 2   Amendment of the Criminal Code Act 1995 etc.

Part 1   Counter-terrorism amendments

Division 1   Main amendments

Criminal Code Act 1995

7   Subsection 104.4(2) of the Criminal Code

Repeal the subsection, substitute:

(2) For the purposes of paragraph (1)(d), in determining whether:

(a) each of the conditions; and

(b) the combined effect of all of the conditions;

to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, the court must take into account:

(c) as a paramount consideration in all cases - the objects of this Division (see section 104.1); and

(d) as a primary consideration in the case where the person is 14 to 17 years of age - the best interests of the person; and

(e) as an additional consideration in all cases - the impact of:

(i) each of those conditions; and

(ii) the combined effect of all of those conditions;

on the person's circumstances (including the person's financial and personal circumstances).