Document ID: chunk:federal_register_of_legislation:C2014A00134:clause:1_9
Version: federal_register_of_legislation:C2014A00134
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 6339–8120

9  Section 104.3 of the Criminal Code
Repeal the section, substitute:

104.3  Requesting the court to make an interim control order
  If the Attorney‑General consents to the request under section 104.2, the senior AFP member may request an interim control order by giving an issuing court the following:
 (a) a request the information in which is sworn or affirmed by the member;
 (b) all that is required under subsection 104.2(3) (incorporating any change made to the draft of the interim control order under subsection 104.2(4));
 (d) the following:
 (i) an explanation as to why each of the proposed obligations, prohibitions or restrictions should be imposed on the person;
 (ii) if the member is aware of any facts relating to why any of those obligations, prohibitions or restrictions should not be imposed on the person—a statement of those facts;
 (e) the following:
 (i) the outcomes and particulars of all previous requests for interim control orders (including the outcomes of the hearings to confirm the orders) in relation to the person;
 (ii) the outcomes and particulars of all previous applications for variations of control orders made in relation to the person;
 (iii) the outcomes and particulars of all previous applications for revocations of control orders made in relation to the person;
 (iv) the outcomes and particulars of all previous applications for preventative detention orders in relation to the person;
 (v) information (if any) that the member has about any periods for which the person has been detained under an order made under a corresponding State preventative detention law;
 (f) a copy of the Attorney‑General's consent.
Note: The member might commit an offence if the draft request is false or misleading (see sections 137.1 and 137.2).