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 H - Special rules for young people (14 to 17)  

SECTION 104.28   Special rules for young people   Rule for people under 14

(1)  
A control order cannot be requested, made or confirmed in relation to a person who is under 14 years of age.

Rule for people 14 to 17

(2)  
If an issuing court is satisfied that a person in relation to whom an interim control order is being made or confirmed is 14 to 17 years of age, the period during which the confirmed control order is to be in force must not end more than 3 months after the day on which the interim control order is made by the court.

(3)  
Subsection (2) does not prevent the making of successive control orders in relation to the same person. Young person ' s right to legal representation

(4)  
If an issuing court is satisfied, in proceedings relating to a control order, that:


(a) the person to whom the control order relates, or the person in relation to whom the control order is requested, is at least 14 but under 18; and


(b) the person does not have a lawyer acting in relation to the proceedings;

the court must appoint a lawyer to act for the person in relation to the proceedings.

(5)  
However, the issuing court is not required to appoint a lawyer if:


(a) the proceedings are ex parte proceedings relating to a request for an interim control order; or


(b) the person refused a lawyer previously appointed under subsection (4) during proceedings relating to:


(i) the control order; or

(ii) if the control order is a confirmed control order - the interim control order that was confirmed.

(6)  
The regulations may provide in relation to the appointing of lawyers under subsection (4) (including in relation to lawyers appointed under that subsection).




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