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

Schedule 7   Application of amendments of the Criminal Code

Criminal Code Act 1995

1   In the appropriate position in Division 106 of Part 5.3 of the Criminal Code

Add:

106.7 Application provision for certain amendments in the Counter-Terrorism Legislation Amendment Act (No. 1) 2016

(1) Division 104, as amended by Schedules2 and 3 to the Counter-Terrorism Legislation Amendment Act (No. 1) 2016, applies to an order made under that Division after the commencement of this section, where:

(a) the order is requested (however described) after that commencement; and

(b) the conduct in relation to which that request is made occurs before or after that commencement.

(2) Despite the amendment made by Schedule4 to the Counter-Terrorism Legislation Amendment Act (No. 1) 2016, Division 104 continues to apply in relation to:

(a) a request for an interim control order, where the request was made before the commencement of this section; and

(b) the making of an interim control order in response to such a request; and

(c) the making of a declaration in relation to such an interim control order; and

(d) the revocation of such an interim control order; and

(e) the confirmation of such an interim control order (with or without variation); and

(f) the making of a confirmed control order that corresponds to such an interim control order that has been so confirmed; and

(g) the revocation or variation of such a confirmed control order; and

(h) any other proceedings under that Division that are associated with, or incidental to, a matter covered by any of the above paragraphs;

as if the amendment had not been made.

(3) Section 104.29, as amended by Schedule 8 to the Counter-Terrorism Legislation Amendment Act (No. 1) 2016, applies in relation to any year that ends on 30 June after the commencement of this section.

(4) Division 105, as amended by Schedule5 to the Counter-Terrorism Legislation Amendment Act (No. 1) 2016, applies in relation to an application for the following made after the commencement of this section:

(a) a preventative detention order;

(b) an initial preventative detention order;

(c) an extension of an initial preventative detention order;

(d) a continued preventative detention order;

(e) an extension of a continued preventative detention order.