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

View history note

Subdivision B - Making an interim control order

View history note

SECTION 104.3

104.3 Requesting the court to make an interim control order
If the AFP Minister consents to the request under section 104.2 , the senior AFP member may request an interim control order by giving an issuing court the following:

(a) a request the information in which is sworn or affirmed by the member;

(b) all that is required under subsection 104.2(3) (incorporating any change made to the draft of the interim control order under subsection 104.2(4) );

(d)

View history reference

the following:

(i) an explanation as to why each of the proposed conditions should be imposed on the person;

(ii) if the member is aware of any facts relating to why any of those conditions should not be imposed on the person - a statement of those facts;

(e)

View history reference

the following:

(i) the outcomes and particulars of all previous requests for interim control orders (including the outcomes of the hearings to confirm the orders), and all previous applications for post-sentence orders or interim post-sentence orders, in relation to the person;

(ii) the outcomes and particulars of all previous applications for variations of control orders or of post-sentence orders made in relation to the person;

(iii) the outcomes and particulars of all previous applications for revocations of control orders made in relation to the person;

(iiia) the outcomes and particulars of all previous applications for revocations of post-sentence orders or interim post-sentence orders made in relation to the person;

(iiib) the particulars of any revocations that occur by operation of this Act of continuing detention orders in relation to the person;

(iiic) the outcomes and particulars of all previous applications for review of post-sentence orders in relation to the person;

(iv) the outcomes and particulars of all previous applications for preventative detention orders in relation to the person;

(v) information (if any) that the member has about any periods for which the person has been detained under an order made under a corresponding State preventative detention law;

(f) a copy of the AFP Minister ' s consent.

Note:

The member might commit an offence if the draft request is false or misleading (see sections 137.1 and 137.2 ).

View history note

History

S 104.3 amended by No 96 of 2023, s 3 and Sch 2 item 4, by substituting " conditions " for " obligations, prohibitions or restrictions " in para (d)(i) and (ii), effective 25 November 2023.

S 104.3 amended by No 131 of 2021, s 3 and Sch 1 items 7 - 9, by inserting " , and all previous applications for post-sentence orders or interim post-sentence orders, " in para (e)(i), " or of post-sentence orders " in para (e)(ii) and inserting para (e)(iiia) to (iiic), effective 9 December 2021.

S 104.3 amended by No 31 of 2018, s 3 and Sch 2 items 114(7) and (8), by substituting " AFP Minister " for " Attorney-General " and " AFP Minister ' s " for " Attorney-General ' s " in para (f), effective 11 May 2018. For transitional rules, see note under s 72.28 .

S 104.3 substituted by No 134 of 2014, s 3 and Sch 1 item 9, effective 9 January 2015. S 104.3 formerly read:

SECTION 104.3 Requesting the court to make an interim control order
104.3
If the Attorney-General consents to the request under section 104.2 , the senior AFP member may request the interim control order by giving an issuing court:

(a) a request:

(i) that is the same as the draft request, except for the changes (if any) required by the Attorney-General; and

(ii) the information in which is sworn or affirmed by the member; and

(b) a copy of the Attorney-General ' s consent.
Note:

The member might commit an offence if the request is false or misleading (see sections 137.1 and 137.2 ).

S 104.3 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.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.