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 D - Confirming an interim control order  

SECTION 104.12A   Election to confirm control order  

(1)  
At least 48 hours before the day specified in an interim control order as mentioned in paragraph 104.5(1)(e) , the senior AFP member who requested the order must:


(a) elect whether to confirm the order on the specified day; and


(b) give a written notification to the issuing court that made the order of the member ' s election.

(2)  
If the senior AFP member elects to confirm the order, an AFP member must:


(a) serve personally on the person in relation to whom the order is made:


(i) a copy of the notification; and

(ii) a copy of the documents mentioned in paragraphs 104.2(3)(aa) and 104.3(d) ; and

(iii) any other written details required to enable the person to understand and respond to the substance of the facts, matters and circumstances which will form the basis of the confirmation of the order; and


(b) if the person is a resident of Queensland, or the court made the order in Queensland - give the Queensland public interest monitor a copy of the documents mentioned in paragraph (a); and


(c) if the person is 14 to 17 years of age - take reasonable steps to serve a copy of the documents mentioned in paragraph (a) personally on at least one parent or guardian of the person.

Note:

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

(3)  
To avoid doubt, subsection (2) does not require any information to be served or given if disclosure of that information is likely:


(a) to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004 ); or


(b) to be protected by public interest immunity; or


(c) to put at risk ongoing operations by law enforcement agencies or intelligence agencies; or


(d) to put at risk the safety of the community, law enforcement officers or intelligence officers.

The fact that information of a kind mentioned in this subsection is not required to be disclosed does not imply that such information is required to be disclosed in other provisions of this Part that relate to the disclosure of information.

(4)  
If the senior AFP member elects not to confirm the order, and the order has already been served on the person, then:


(a) the order immediately ceases to be in force; and


(b) an AFP member must:


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

(ii) cause the annotated order and a copy of the notification to be served personally on the person; and

(iii) if the person is a resident of Queensland, or the court made the order in Queensland - give the Queensland public interest monitor a copy of the annotated order and the notification; and

(iv) if the person is 14 to 17 years of age - cause reasonable steps to be taken to serve a copy of the annotated order and the notification personally on at least one parent or guardian of the person.
Note:

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




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