Counter-Terrorism and Other Legislation Amendment Act 2023 (96 of 2023)

Schedule 2   Amendment of the Criminal Code Act 1995 etc.

Part 1   Counter-terrorism amendments

Division 1   Main amendments

Criminal Code Act 1995

25   After Subdivision E of Division 104 of Part 5.3 of the Criminal Code

Insert:

Subdivision EA - Varying a control order by consent

104.22 Varying control order by consent

(1) Any of the following persons (the applicant ) may apply to the issuing court to vary a control order in relation to a person:

(a) a senior AFP member or a legal representative of the senior AFP member;

(b) the person or a legal representative of the person.

(2) The variation may consist of:

(a) varying or removing one or more of the conditions imposed on the person by the order; or

(b) imposing one or more additional conditions on the person by the order.

(3) The application may be withdrawn at any time before the issuing court decides whether or not to vary the order.

(4) If the person is 14 to 17 years of age, a senior AFP member or a legal representative of the senior AFP member must cause written notice of the application to be given to at least one parent or guardian of the person.

(5) If the person is 14 to 17 years of age, the issuing court may vary the order if the court is satisfied that:

(a) written consent to the variation has been given (and not withdrawn) by:

(i) if the applicant is a senior AFP member or a legal representative of the senior AFP member - a parent or guardian of the person notified of the variation in accordance with subsection (4); or

(ii) if the applicant is the person or a legal representative of the person - a senior AFP member; and

(b) the variation is in the best interests of the person, having regard to any representations the person makes about the variation and any other matter the court considers relevant; and

(c) the variation is appropriate in the circumstances.

(6) If the person is 18 years of age or older, the issuing court may vary the order if the court is satisfied that:

(a) written consent to the variation has been given (and not withdrawn) by:

(i) if the applicant is a senior AFP member or a legal representative of the senior AFP member - the person; or

(ii) if the applicant is the person or a legal representative of the person - a senior AFP member; and

(b) the variation is appropriate in the circumstances.

(7) If the issuing court varies the order, the varied order must:

(a) state that the court is satisfied of the matters mentioned in subsection (5) or (6) as applicable; and

(b) specify the variations to the conditions that are to be made; and

(c) state the period during which the order, as varied, is in force; and

(d) state that the person's lawyer may request a copy of the order.

(8) If the issuing court varies the order and the person is 14 to 17 years of age, an AFP member must take reasonable steps to serve a copy of the varied order personally on each parent or guardian of the person notified of the variation in accordance with subsection (4).