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

Schedule 2   Control orders for young people

Criminal Code Act 1995

3   Subsection 104.4(2) of the Criminal Code

Repeal the subsection, substitute:

(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).

(2A) In determining what is in the best interests of a person for the purposes of paragraph (2)(b), the court must take into account the following:

(a) the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;

(b) the physical and mental health of the person;

(c) the benefit to the person of having a meaningful relationship with his or her family and friends;

(d) the right of the person to receive an education;

(e) the right of the person to practise his or her religion;

(f) any other matter the court considers relevant.