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 104.26   Service and explanation of a varied control order  

(1)  
As soon as practicable after a control order is varied under section 104.24 , an AFP member:


(a) must serve the varied order personally on the person; and


(b) must inform the person that the order has been varied to impose additional obligations, prohibitions and restrictions; and


(c) must inform the person of the following:


(i) the effect of the additional obligations, prohibitions and restrictions;

(ii) the effect of sections 104.18 , 104.21 and 104.27 (and section 104.22 if appropriate);

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

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

(v) 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


(d) must ensure that the person understands the information provided under paragraph (c) (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 .

(3)  
Paragraphs (1)(c) and (d) do not apply if the actions of the person in relation to whom the control order has been made make it impracticable for the AFP member to comply with those paragraphs.

(3A)  
Paragraphs (1)(b), (c) and (d) do not apply if the person in relation to whom the control order has been made is detained in custody and it is impracticable for the AFP member to comply with those paragraphs.

(4)  
A failure to comply with paragraph (1)(d) does not make the control order ineffective to any extent. If person is 14 to 17

(5)  
As soon as practicable after a control order in relation to a person who is 14 to 17 years of age is varied under section 104.24 , an AFP member must take reasonable steps to serve a copy of the varied order personally on at least one parent or guardian of the person.




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