Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p9
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 9/268)
Character Range: 395125–397854

has engaged in a hostile activity in a foreign country; or
 (iv) that the person has been convicted in Australia of an offence relating to terrorism, a terrorist organisation (within the meaning of subsection 102.1(1)) or a terrorist act (within the meaning of section 100.1); or
 (v) that the person has been convicted in a foreign country of an offence that is constituted by conduct that, if engaged in in Australia, would constitute a terrorism offence (within the meaning of subsection 3(1) of the Crimes Act 1914); or
 (vi) that making the order would substantially assist in preventing the provision of support for or the facilitation of a terrorist act; or
 (vii) that the person has provided support for or otherwise facilitated the engagement in a hostile activity in a foreign country; and
 (d) the court is satisfied on the balance of probabilities that:
 (i) each of the conditions; and
 (ii) the combined effect of all of the conditions;
  to be imposed on the person by the order in accordance with section 104.5A is reasonably necessary, and reasonably appropriate and adapted, for the purpose of:
 (iii) protecting the public from a terrorist act; or
 (iv) preventing the provision of support for or the facilitation of a terrorist act; or
 (v) preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.
Note: The issuing court may, in accordance with section 104.5B, specify conditions from which exemptions may be granted.
 (2) For the purposes of paragraph (1)(d), in determining whether:
 (a) each of the conditions; and
 (b) the combined effect of all of the conditions;
to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, the court must take into account:
 (c) as a paramount consideration in all cases—the objects of this Division (see section 104.1); and
 (d) as a primary consideration in the case where the person is 14 to 17 years of age—the best interests of the person; and
 (e) as an additional consideration in all cases—the impact of:
 (i) each of those conditions; and
 (ii) the combined effect of all of those conditions;
  on the person's circumstances (including the person's financial and personal circumstances).
 (2A) In determining what is in the best interests of a person for the purposes of paragraph (2)(d), the court must take into account the following:
 (a) the age, maturity, sex and background (including lifestyle, culture and traditions) of the person;
 (b) the physical and mental health of the person;
 (c) the benefit to the person of having a meaningful relationship with his or her family and friends;
 (d) the right of the person to receive an education;