Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 104 - Control orders  

Subdivision B - Making an interim control order  

SECTION 104.5C   Treatment of photographs and impressions of fingerprints  

(1)    
If the issuing court, by the order, imposes on the person a condition referred to in paragraph 104.5A(2)(b) or (c) , a photograph, or an impression of fingerprints, taken of or from the person in accordance with the order must be used only for the purpose of ensuring compliance with the order.

(2)    
If:

(a)    no control order has been in force in relation to the person for 12 months; and

(b)    either:


(i) no proceedings relating to a control order relating to the person were on foot in that 12-month period; or

(ii) proceedings relating to a control order relating to the person were discontinued or completed within that 12-month period;

the photograph or the impression must be destroyed as soon as practicable after the end of that 12-month period.


(3)    
A person commits an offence if:

(a)    the person engages in conduct; and

(b)    the conduct contravenes subsection (1) .

Penalty: Imprisonment for 2 years.





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