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 104.17   Service of a declaration, or a revocation, variation or confirmation of a control order  

(1)  
As soon as practicable after an interim control order is declared to be void, revoked or confirmed (with or without variation) under section 104.14 , an AFP member must:


(a) serve the declaration, the revocation or the confirmed control order personally on the person; and


(b) if the court confirms the interim order (with or without variation) - inform the person of the following:


(i) that the person may have appeal and review rights in relation to the decision of the issuing court to confirm the order;

(ii) the person ' s right to apply under section 104.18 for an order revoking or varying the order;

(iii) the right of the person or one or more representatives of the person, and (if relevant) the right of the Queensland public interest monitor, to adduce evidence or make submissions under subsection 104.19(3) or 104.23(4) in relation to an application to revoke or vary the order; and


(c) if paragraph (b) applies - ensure that the person understands the information provided under that paragraph (taking into account the person ' s age, language skills, mental capacity and any other relevant factor).

Note:

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

(2)  
Paragraphs (1)(b) and (c) do not apply if the actions of the person in relation to whom the interim control order has been declared void, revoked or confirmed make it impracticable for the AFP member to comply with those paragraphs.

(2A)  
Paragraphs (1)(b) and (c) do not apply if the person in relation to whom the interim control order has been declared void, revoked or confirmed is detained in custody and it is impracticable for the AFP member to comply with those paragraphs.

(3)  
A failure to comply with paragraph (1)(c) does not make the control order ineffective to any extent.

If person is 14 to 17

(4)  
If the person is 14 to 17 years of age, then as soon as practicable after the interim control order is declared to be void, revoked or confirmed (with or without variation) under section 104.14, an AFP member must take reasonable steps to serve a copy of the declaration, revocation or confirmed control order personally on at least one parent or guardian of the person.




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