Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


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  

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.


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

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.


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

This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.