Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 104 - Control orders  

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History

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.

Subdivision C - Making an urgent interim control order  

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History

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.

SECTION 104.11  

104.11   Court to assume that exercise of power not authorised by urgent interim control order  
If:

(a) it is material, in any proceedings, for a court to be satisfied that an interim control order was duly made under section 104.7 ; and

(b) the form or order completed by the relevant issuing court is not produced in evidence;

the first-mentioned court is to assume, unless the contrary is proved, that the order was not duly made.

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History

S 104.11 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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