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 104.8   Requesting an urgent interim control order in person  

(1)  
A senior AFP member may request, in person, an issuing court to make an interim control order in relation to a person without first obtaining the AFP Minister ' s consent under section 104.2 if:


(a) the member considers it necessary to request the order without the consent because of urgent circumstances; and


(b) the member suspects the matters mentioned in subsection 104.2(2) on reasonable grounds.

Note:

The AFP Minister ' s consent must be obtained within 8 hours of making the request (see section 104.10 ).

(2)  
The request must include the following:


(a) all that is required under paragraphs 104.3(a) to (e) in respect of an ordinary request for an interim control order;


(b) an explanation that is sworn or affirmed as to why the making of the interim control order without first obtaining the AFP Minister ' s consent is urgent.

Note:

The member might commit an offence if the request is false or misleading (see sections 137.1 and 137.2 ).




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