Counter-Terrorism Legislation Amendment Act (No. 1) 2018 (74 of 2018)

Schedule 1   Amendments

Part 7   Transitional provisions

Criminal Code Act 1995

23   At the end of Division 106 of the Criminal Code

Add:

106.9 Application - Counter-Terrorism Legislation Amendment Act (No. 1) 2018

(1) The amendment of subsection 104.5(1A) made by the Counter-Terrorism Legislation Amendment Act (No. 1) 2018 (the amending Act )applies in relation to an interim control order made on or after the day (the commencement day ) this section commences, including such an order that was requested before the commencement day.

Note 1: Section 104.5 deals with the terms of an interim control order.

Note 2: This section was inserted by the amending Act.

(2) Subdivision CA of Division 104 of this Act, as inserted by the amending Act, applies in relation to an interim control order made before, on or after the commencement day.

Note: Subdivision CA of Division 104 deals with the variation of an interim control order.

(3) Subsection 104.14(3A) of this Act, as inserted by the amending Act, applies in relation to proceedings for the confirmation of an interim control order:

(a) if the proceedings start on or after the commencement day; and

(b) whether the original request for the interim control order was made before, on or after the commencement day.

Note: Subsection 104.14(3A) deals with the evidentiary status in confirmation proceedings of such an original request.

(4) Section 104.28AA of this Act, as inserted by the amending Act, applies in relation to the proceedings in relation to a control order (including proceedings to vary or revoke a control order) if:

(a) the proceedings start on or after the commencement day; or

(b) the proceedings had started, but not ended, immediately before the commencement day.

Note: Section 104.28AA deals with costs in control order proceedings.

(5) Subsections 119.3(5A) and (6) of this Act, as substituted by the amending Act, apply in relation to a declaration of the Foreign Affairs Minister made under subsection 119.3(1) before, on or after the commencement day.

Note: Subsections 119.3(5A) and (6) deal with the revocation of declarations made under subsection 119.3(1).