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 F heading amended by No 96 of 2023, s 3 and Sch 2 item 26, by substituting " conditions " for " obligations, prohibitions or restrictions " , effective 25 November 2023.
Subdiv F 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 an application is made under section 104.23 , the issuing court may vary the control order, but only if: (a) an application has been made in accordance with section 104.23 ; and (b) the court is satisfied on the balance of probabilities that each of the additional conditions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of:
(i) protecting the public from a terrorist act; or
(ii) preventing the provision of support for or the facilitation of a terrorist act; or
(ii) preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.
S 104.24(1) amended by No 96 of 2023, s 3 and Sch 2 item 32, by substituting " conditions " for " obligations, prohibitions and restrictions " in para (b), effective 25 November 2023.
S 104.24(1) amended by No 134 of 2014, s 3 and Sch 1 item 28, by substituting para (b), effective 9 January 2015. Para (b) formerly read:
(b) the court is satisfied on the balance of probabilities that each of the additional obligations, prohibitions and restrictions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the public from a terrorist act.
(2)
For the purposes of paragraph (1)(b) , in determining whether each of the additional conditions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, the court must take into account: (a) as a paramount consideration in all cases - the objects of this Division (see section 104.1 ); and (b) as a primary consideration in the case where the person is 14 to 17 years of age - the best interests of the person; and (c) as an additional consideration in all cases - the impact of the condition on the person ' s circumstances (including the person ' s financial and personal circumstances).
S 104.24(2) amended by No 96 of 2023, s 3 and Sch 2 items 33 and 34, by substituting " conditions " for " obligations, prohibitions and restrictions " and substituting " condition " for " obligation, prohibition or restriction " in para (c), effective 25 November 2023.
S 104.24(2) substituted by No 82 of 2016, s 3 and Sch 2 item 26, effective 30 November 2016. S 104.24(2) formerly read:
(2)
In determining whether each of the additional obligations, prohibitions and restrictions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, the court must take into account the impact of the obligation, prohibition or restriction on the person ' s circumstances (including the person ' s financial and personal circumstances).
(2A)
In determining what is in the best interests of the person for the purposes of paragraph (2)(b) , the court must take into account the matters referred to in subsection 104.4(2A) .
S 104.24(2A) inserted by No 82 of 2016, s 3 and Sch 2 item 26, effective 30 November 2016.
(3)
(Repealed by No 131 of 2021)
S 104.24(3) repealed by No 131 of 2021, s 3 and Sch 1 item 30, effective 9 December 2021. S 104.24(3) formerly read:
(3)
The court need not include in the order an obligation, prohibition or restriction that was sought if the court is not satisfied as mentioned in paragraph (1)(b) in respect of that obligtion, prohibition or restriction.
(4)
In paragraph (1)(b) , a reference to a terrorist act includes: (a) a reference to a terrorist act that does not occur; and (b) a reference to a specific terrorist act; and (c) a reference to more than one terrorist act.
S 104.24(4) inserted by No 116 of 2014, s 3 and Sch 1 item 83, effective 1 December 2014.
S 104.24 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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