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.

Subdiv B 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.

S 104.4(1) amended by No 96 of 2023, s 3 and Sch 2 items 5 and 6, by substituting para (d) and inserting the note, effective 25 November 2023. Para (d) formerly read:

(d) the court is satisfied on the balance of probabilities that each of the 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:

(i) protecting the public from a terrorist act; or

(ii) preventing the provision of support for or the facilitation of a terrorist act; or

(iii) preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.

S 104.4(1) amended by No 134 of 2014, s 3 and Sch 1 items 10 - 12, by substituting " ; or " for " ; and " in para (c)(v), inserting para (c)(vi) and (vii), and substituting para (d), effective 9 January 2015. Para (d) formerly read:

(d) the court is satisfied on the balance of probabilities that each of the 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.

S 104.4(1) amended by No 116 of 2014, s 3 and Sch 1 item 73, by substituting para (c)(ii), (iii), (iv) and (v) for para (c)(ii), effective 1 December 2014. Para (c)(ii) formerly read:

(ii) that the person has provided training to, or received training from, a listed terrorist organisation; and

S 104.4(2) substituted by No 96 of 2023, s 3 and Sch 2 item 7, effective 25 November 2023. S 104.4(2) formerly read:

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

(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 obligation, prohibition or restriction on the person ' s circumstances (including the person ' s financial and personal circumstances).

S 104.4(2) substituted by No 82 of 2016, s 3 and Sch 2 item 3, effective 30 November 2016. S 104.4(2) formerly read:

(2)
In determining whether each of the 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).

S 104.4(2A) amended by No 96 of 2023, s 3 and Sch 2 item 8, by substituting " paragraph (2)(d) " for " paragraph (2)(b) " , effective 25 November 2023.

S 104.4(2A) inserted by No 82 of 2016, s 3 and Sch 2 item 3, effective 30 November 2016.

S 104.4(3) repealed by No 131 of 2021, s 3 and Sch 1 item 10, effective 9 December 2021. S 104.4(3) formerly read:

(3)
The court need not include in the order an obligation, prohibition or restriction that was sought by the senior AFP member if the court is not satisfied as mentioned in paragraph (1)(d) in respect of that obligation, prohibition or restriction.

S 104.4(4) inserted by No 116 of 2014, s 3 and Sch 1 item 74, effective 1 December 2014.

S 104.4 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.