Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 104 - Control ordersDiv 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 C 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.
If the AFP Minister ' s consent to request an interim control order was not first sought before making a request under section 104.6 or 104.8 , the senior AFP member who made the request must, in accordance with subsection 104.2(3) , seek that consent within 8 hours of making the request.
S 104.10(1) amended by No 31 of 2018, s 3 and Sch 2 item 114(11), by substituting " AFP Minister ' s " for " Attorney-General ' s " , effective 11 May 2018. For transitional rules, see note under s 72.28 .
S 104.10(1) amended by No 134 of 2014, s 3 and Sch 1 item 20, by substituting " 8 hours " for " 4 hours " , effective 9 January 2015.
(2)
In any case, if the AFP Minister:
(a) refuses his or her consent to request the order; or
(b) has not given his or her consent to request the order;
within 8 hours of the request being made, the order immediately ceases to be in force.
Note:
However, the senior AFP member can seek the AFP Minister ' s consent to request a new interim control order in relation to the person (see subsection 104.2(5) ).
S 104.10(2) amended by No 31 of 2018, s 3 and Sch 2 items 114(12) and (13), by substituting " AFP Minister " for " Attorney-General " and " AFP Minister ' s " for " Attorney-General ' s " in the note, effective 11 May 2018. For transitional rules, see note under s 72.28 .
S 104.10(2) amended by No 134 of 2014, s 3 and Sch 1 items 20 and 21, by substituting " 8 hours " for " 4 hours " and omitting " vary the request and " after " AFP member can " in the note, effective 9 January 2015.
(3)
If the order ceases to be in force under subsection (2), the senior AFP member must, as soon as practicable:
(a) notify the court that the order has ceased to be in force; and
(b) if the order has been served on the person in relation to whom it was made:
(i) annotate the order to indicate that it has ceased to be in force; and
(ii) cause the annotated order to be served personally on the person.
Note:
For the personal service of documents on a person detained in custody, see section 104.28B .
S 104.10(3) amended by No 95 of 2016, s 3 and Sch 1 item 1H, by inserting the note at the end, effective 7 June 2017.
S 104.10 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.
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