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 F - Adding obligations, prohibitions or restrictions to a control order  

SECTION 104.24   Varying a control order  

(1)  
If an application is made under section 104.23 , the issuing court may vary the control order, but only if:


(a) an application has been made in accordance with section 104.23 ; and


(b) the court is satisfied on the balance of probabilities that each of the additional obligations, prohibitions and restrictions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of:


(i) protecting the public from a terrorist act; or

(ii) preventing the provision of support for or the facilitation of a terrorist act; or

(ii) preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.

(2)  
For the purposes of paragraph (1)(b), in determining whether each of the additional obligations, prohibitions and restrictions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, the court must take into account:


(a) as a paramount consideration in all cases - the objects of this Division (see section 104.1 ); and


(b) as a primary consideration in the case where the person is 14 to 17 years of age - the best interests of the person; and


(c) as an additional consideration in all cases - the impact of the obligation, prohibition or restriction on the person ' s circumstances (including the person ' s financial and personal circumstances).

(2A)  
In determining what is in the best interests of the person for the purposes of paragraph (2)(b), the court must take into account the matters referred to in subsection 104.4(2A) .

(3)  
The court need not include in the order an obligation, prohibition or restriction that was sought if the court is not satisfied as mentioned in paragraph (1)(b) in respect of that obligtion, prohibition or restriction.

(4)  
In paragraph (1)(b), a reference to a terrorist act includes:


(a) a reference to a terrorist act that does not occur; and


(b) a reference to a specific terrorist act; and


(c) a reference to more than one terrorist act.




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