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 C - Making an urgent interim control order  

SECTION 104.10   Obtaining the AFP Minister ' s consent within 8 hours  

(1)  
If the AFP Minister ' s consent to request an interim control order was not first sought before making a request under section 104.6 or 104.8 , the senior AFP member who made the request must, in accordance with subsection 104.2(3) , seek that consent within 8 hours of making the request.

(2)  
In any case, if the AFP Minister:


(a) refuses his or her consent to request the order; or


(b) has not given his or her consent to request the order;

within 8 hours of the request being made, the order immediately ceases to be in force.

Note:

However, the senior AFP member can seek the AFP Minister ' s consent to request a new interim control order in relation to the person (see subsection 104.2(5) ).

(3)  
If the order ceases to be in force under subsection (2), the senior AFP member must, as soon as practicable:


(a) notify the court that the order has ceased to be in force; and


(b) if the order has been served on the person in relation to whom it was made:


(i) annotate the order to indicate that it has ceased to be in force; and

(ii) cause the annotated order to be served personally on the person.
Note:

For the personal service of documents on a person detained in custody, see section 104.28B .




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