Counter-Terrorism Legislation Amendment Act (No. 1) 2016 (82 of 2016)

Schedule 2   Control orders for young people

Criminal Code Act 1995

23   Subsection 104.23(3) of the Criminal Code

Repeal the subsection, substitute:

(3) As soon as practicable after an application is made under subsection (1), the Commissioner must:

(a) cause the documents mentioned in subsection (3AA) to be served personally on the person in relation to whom the order is made; and

(b) if the person is a resident of Queensland, or the court will hear the application in Queensland - cause the documents mentioned in subsection (3AA) to be given to the Queensland public interest monitor; and

(c) if the person is 14 to 17 years of age - cause reasonable steps to be taken to serve the documents mentioned in subsection (3AA) personally on at least one parent or guardian of the person.

(3AA) The documents are the following:

(a) written notice of the application and the grounds on which the variation is sought;

(b) a copy of the documents mentioned in paragraph (2)(b);

(c) any other written details required to enable the person in relation to whom the order is made to understand and respond to the substance of the facts, matters and circumstances which will form the basis of the variation of the order.


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