Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p15
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 15/58)
Character Range: 61785–64658

application in Queensland—the Queensland public interest monitor.

 (3A) To avoid doubt, subsection (3) does not require any information to be given if disclosure of that information is likely:
 (a) to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004); or
 (b) to be protected by public interest immunity; or
 (c) to put at risk ongoing operations by law enforcement agencies or intelligence agencies; or
 (d) to put at risk the safety of the community, law enforcement officers or intelligence officers.
The fact that information of a kind mentioned in this subsection is not required to be disclosed does not imply that such information is required to be disclosed in other provisions of this Part that relate to the disclosure of information.

 (4) The following persons may adduce additional evidence (including by calling witnesses or producing material), or make additional submissions, to the court in relation to the application to vary the order:
 (a) the Commissioner;
 (b) one or more other AFP members;
 (c) the person in relation to whom the order is made;
 (d) one or more representatives of the person;
 (e) if paragraph (3)(b) applies—the Queensland public interest monitor (unless the monitor is a representative of the person).

 (5) Subsection (4) does not otherwise limit the power of the court to control proceedings in relation to an application to vary a confirmed control order.

104.24  Varying a control order

 (1) If an application is made under section 104.23, the issuing court may vary the control order, but only if:
 (a) an application has been made in accordance with section 104.23; and
 (b) the court is satisfied on the balance of probabilities that each of the additional obligations, prohibitions and restrictions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the public from a terrorist act.

 (2) In determining whether each of the additional obligations, prohibitions and restrictions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, the court must take into account the impact of the obligation, prohibition or restriction on the person's circumstances (including the person's financial and personal circumstances).

 (3) The court need not include in the order an obligation, prohibition or restriction that was sought if the court is not satisfied as mentioned in paragraph (1)(b) in respect of that obligation, prohibition or restriction.

104.25  Terms of a varied control order

  If the issuing court varies the control order under section 104.24, the following must be included in the order:
 (a) a statement that the court is satisfied of the matter mentioned in paragraph 104.24(1)(b); and
 (b)