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

Schedule 1   Criminal Code Act 1995

Criminal Code Act 1995

9   Section 104.3 of the Criminal Code

Repeal the section, substitute:

104.3 Requesting the court to make an interim control order

If the Attorney-General consents to the request under section 104.2, the senior AFP member may request an interim control order by giving an issuing court the following:

(a) a request the information in which is sworn or affirmed by the member;

(b) all that is required under subsection 104.2(3) (incorporating any change made to the draft of the interim control order under subsection 104.2(4));

(d) the following:

(i) an explanation as to why each of the proposed obligations, prohibitions or restrictions should be imposed on the person;

(ii) if the member is aware of any facts relating to why any of those obligations, prohibitions or restrictions should not be imposed on the person - a statement of those facts;

(e) the following:

(i) the outcomes and particulars of all previous requests for interim control orders (including the outcomes of the hearings to confirm the orders) in relation to the person;

(ii) the outcomes and particulars of all previous applications for variations of control orders made in relation to the person;

(iii) the outcomes and particulars of all previous applications for revocations of control orders made in relation to the person;

(iv) the outcomes and particulars of all previous applications for preventative detention orders in relation to the person;

(v) information (if any) that the member has about any periods for which the person has been detained under an order made under a corresponding State preventative detention law;

(f) a copy of the Attorney-General's consent.

Note: The member might commit an offence if the draft request is false or misleading (see sections 137.1 and 137.2).