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

56   In the appropriate position in Division 106 of the Criminal Code

Insert:

106.13 Application and transitional - Counter - Terrorism and Other Legislation Amendment Act 2023

Control orders

(1) The amendments of Division 104 of Part 5.3 made by the Counter-Terrorism and Other Legislation Amendment Act 2023 do not apply in relation to:

(a) an interim control order made before the commencement of this section; or

(b) a confirmed control order made before the commencement of this section; or

(c) a confirmed control order made on or after the commencement of this section if the interim control order that is confirmed by the confirmed control order was made before the commencement of this section.

Issuing court

(2) The amendment of subsection 100.1(1) made by the Counter-Terrorism and Other Legislation Amendment Act 2023 does not apply in relation to an order made by the Federal Circuit and Family Court of Australia (Division 2) before the commencement of this section.

Appointment as an issuing authority for continued preventative detention orders

(3) If:

(a) a person held an appointment under subsection 105.2(1) immediately before the commencement of this section; and

(b) the person is covered by a paragraph of subsection 105.2(1) immediately after the commencement of this section;

the amendments of subsection 105.2(1) made by the Counter-Terrorism and Other Legislation Amendment Act 2023 do not affect the continuity of the person's appointment.

(4) If:

(a) a person held an appointment under subsection 105.2(1) immediately before the commencement of this section; and

(b) the person is not covered by a paragraph of subsection 105.2(1) immediately after the commencement of this section;

then:

(c) the person's appointment lapses immediately after the commencement of this section; and

(d) the amendments of subsection 105.2(1) made by the Counter-Terrorism and Other Legislation Amendment Act 2023 do not affect the continuity of an order made by the person under Division 105 before the commencement of this section.