Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 104 - Control orders
View history note
Hide history noteA senior AFP member may request, in person, an issuing court to make an interim control order in relation to a person without first obtaining the AFP Minister ' s consent under section 104.2 if:
(a) the member considers it necessary to request the order without the consent because of urgent circumstances; and
(b) the member suspects the matters mentioned in subsection 104.2(2) on reasonable grounds.
Note:
The AFP Minister ' s consent must be obtained within 8 hours of making the request (see section 104.10 ).
(2)
The request must include the following:
(a) all that is required under paragraphs 104.3(a) to (e) in respect of an ordinary request for an interim control order;
(b) an explanation that is sworn or affirmed as to why the making of the interim control order without first obtaining the AFP Minister ' s consent is urgent.
Note:
The member might commit an offence if the request is false or misleading (see sections 137.1 and 137.2 ).
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.
