Criminal Code Act 1995
Section 3CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 104 - Control orders
A senior AFP member may request, by telephone, fax, email or other electronic means, an issuing court to make an interim control order in relation to a person if:
(a) the member considers it necessary to use such means because of urgent circumstances; and
(b) the member suspects the matters mentioned in subsection 104.2(2) on reasonable grounds.
The AFP Minister ' s consent under section 104.2 is not required before the request is made.
However, if the AFP Minister ' s consent is not obtained before the member makes the request, the AFP Minister ' s consent must be obtained within 8 hours of the member making the request (see section 104.10 ).
The issuing court may require communication by voice to the extent that is practicable in the circumstances. (4)
The request must include the following:
(a) all that is required under paragraphs 104.3(b) to (e) in respect of an ordinary request for an interim control order;
(b) an explanation as to why the making of the interim control order is urgent;
(c) if the AFP Minister ' s consent has been obtained before making the request - a copy of the AFP Minister ' s consent.
The member might commit an offence if the request is false or misleading (see sections 137.1 and 137.2 ).
The information and the explanation included in the request must be sworn or affirmed by the member, but do not have to be sworn or affirmed before the request is made.
Subsection 104.7(5) requires the information and the explanation to be sworn or affirmed within 24 hours.