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 104.9   Making an urgent interim control order in person  

(1)  
Before making an order in response to a request under section 104.8 , 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 make the same order that would be made under sections 104.4 and 104.5 .

(3)  
Within 24 hours of the order being made under subsection (2), the member must:


(a) give or transmit a copy of the order to the issuing court; and


(b) either:


(i) give or transmit a copy of the AFP Minister ' s consent to request the order to the court; or

(ii) notify the court in writing that the AFP Minister ' s consent was not obtained.
Note:

Section 104.10 deals with the AFP Minister ' s consent.




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