Counter-Terrorism Legislation Amendment Act (No. 1) 2014 (134 of 2014)

Schedule 1   Criminal Code Act 1995

Criminal Code Act 1995

8   Subsections 104.2(3) to (4) of the Criminal Code

Repeal the subsections, substitute:

(3) In seeking the Attorney-General's consent, the member must give the Attorney-General:

(a) a draft of the interim control order to be requested; and

(aa) the following:

(i) a statement of the facts relating to why the order should be made;

(ii) if the member is aware of any facts relating to why the order should not be made - a statement of those facts; and

(b) information (if any) that the member has about the person's age; and

(c) a summary of the grounds on which the order should be made.

Note: An interim control order cannot be requested in relation to a person who is under 16 years of age (see section 104.28).

(3A) To avoid doubt, paragraph (3)(c) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).

(4) The Attorney-General's consent may be made subject to the member making changes required by the Attorney-General to the draft of the interim control order to be requested.