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 E - Rights in respect of a control order  

SECTION 104.19   Application by the AFP Commissioner for a revocation or variation of a control order  

(1)  
While a confirmed control order is in force, the Commissioner of the Australian Federal Police must cause an application to be made to an issuing court:


(a) to revoke the order, under section 104.20 , if the Commissioner is satisfied that the grounds on which the order was confirmed have ceased to exist; and


(b) to vary the order, under that section, by removing one or more obligations, prohibitions or restrictions, if the Commissioner is satisfied that those obligations, prohibitions or restrictions should no longer be imposed on the person.

(2)  
The Commissioner must cause written notice of both the application and the grounds on which the revocation or variation is sought to be given to the following persons:


(a) the person in relation to whom the order is made;


(b) if:


(i) the person in relation to whom the order is made is a resident of Queensland; or

(ii) the court will hear the application in Queensland;
the Queensland public interest monitor.

(2A)  
If the person is 14 to 17 years of age, the Commissioner must cause reasonable steps to be taken to give written notice of both the application and the grounds on which the revocation or variation is sought to at least one parent or guardian of the person.

(3)  
The following persons may adduce additional evidence (including by calling witnesses or producing materials), or make additional submissions, to the court in relation to the application to revoke or vary the order:


(a) the Commissioner;


(b) one or more other AFP members;


(c) the person in relation to whom the order is made;


(d) one or more representatives of the person;


(e) if paragraph (2)(b) applies - the Queensland public interest monitor.

(4)  
Subsection(3) does not otherwise limit the power of the court to control proceedings in relation to an application to revoke or vary a confirmed control order.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.