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 C - Making an urgent interim control order  

SECTION 104.7   Making an urgent interim control order by electronic means  

(1)  
Before making an order in response to a request under section 104.6 , the issuing court must:


(a) consider the information and the explanation included in the request; and


(b) receive and consider such further information (if any) as the court requires.

(2)  
If the issuing court is satisfied that an order should be made urgently, the court may complete the same form of order that would be made under sections 104.4 and 104.5 .

(3)   Procedure after urgent interim control order is made.  

If the issuing court makes the order, the court must inform the senior AFP member, by telephone, fax, email or other electronic means, of:


(a) the terms of the order; and


(b) the day on which and the time at which, it was completed.

(4)  
The member must then complete a form of order in terms substantially corresponding to those given by the issuing court, stating on the form:


(a) the name of the court; and


(b) the day on which, and the time at which, the order was completed.

(5)  
Within 24 hours of being informed under subsection (3), the member must give or transmit the following to the issuing court:


(a) the form of order completed by the member;


(b) if the information and the explanation included in the request were not already sworn or affirmed - that information and explanation duly sworn or affirmed;


(c) if the AFP Minister ' s consent was not obtained before making the request - a copy of the AFP Minister ' s consent.

(6)  
The issuing court must attach to the documents provided under subsection (5) the form of order the court has completed.




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