Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 106 - Transitional provisions  

SECTION 106.7   Application provision for certain amendments in the Counter-Terrorism Legislation Amendment Act (No 1) 2016  

(1)    
Division 104 , as amended by Schedules 2 and 3 to the Counter-Terrorism Legislation Amendment Act (No 1) 2016 , applies to an order made under that Division after the commencement of this section, where:

(a) the order is requested (however described) after that commencement; and

(b) the conduct in relation to which that request is made occurs before or after that commencement.

(2)    
Despite the amendment made by Schedule 4 to the Counter-Terrorism Legislation Amendment Act (No 1) 2016 , Division 104 continues to apply in relation to:

(a) a request for an interim control order, where the request was made before the commencement of this section; and

(b) the making of an interim control order in response to such a request; and

(c) the making of a declaration in relation to such an interim control order; and

(d) the revocation of such an interim control order; and

(e) the confirmation of such an interim control order (with or without variation); and

(f) the making of a confirmed control order that corresponds to such an interim control order that has been so confirmed; and

(g) the revocation or variation of such a confirmed control order; and

(h) any other proceedings under that Division that are associated with, or incidental to, a matter covered by any of the above paragraphs;

as if the amendment had not been made.

(3)    
Section 104.29 , as amended by Schedule 8 to the Counter-Terrorism Legislation Amendment Act (No 1) 2016 , applies in relation to any year that ends on 30 June after the commencement of this section.

(4)    
Division 105 , as amended by Schedule 5 to the Counter-Terrorism Legislation Amendment Act (No 1) 2016 , applies in relation to an application for the following made after the commencement of this section:

(a) a preventative detention order;

(b) an initial preventative detention order;

(c) an extension of an initial preventative detention order;

(d) a continued preventative detention order;

(e) an extension of a continued preventative detention order.