Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p18
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 18/268)
Character Range: 417411–420078

circumstances; and
 (b) the member suspects the matters mentioned in subsection 104.2(2) on reasonable grounds.
 (2) The AFP Minister's consent under section 104.2 is not required before the request is made.
Note: However, if the AFP Minister's consent is not obtained before the member makes the request, the AFP Minister's consent must be obtained within 8 hours of the member making the request (see section 104.10).
 (3) The issuing court may require communication by voice to the extent that is practicable in the circumstances.
 (4) The request must include the following:
 (a) all that is required under paragraphs 104.3(b) to (e) in respect of an ordinary request for an interim control order;
 (b) an explanation as to why the making of the interim control order is urgent;
 (c) if the AFP Minister's consent has been obtained before making the request—a copy of the AFP Minister's consent.
Note: The member might commit an offence if the request is false or misleading (see sections 137.1 and 137.2).
 (5) The information and the explanation included in the request must be sworn or affirmed by the member, but do not have to be sworn or affirmed before the request is made.
Note: Subsection 104.7(5) requires the information and the explanation to be sworn or affirmed within 24 hours.

104.7  Making an urgent interim control order by electronic means
 (1) Before making an order in response to a request under section 104.6, 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 complete the same form of order that would be made under sections 104.4 and 104.5.

Procedure after urgent interim control order is made
 (3) If the issuing court makes the order, the court must inform the senior AFP member, by telephone, fax, email or other electronic means, of:
 (a) the terms of the order; and
 (b) the day on which, and the time at which, it was completed.
 (4) The member must then complete a form of order in terms substantially corresponding to those given by the issuing court, stating on the form:
 (a) the name of the court; and
 (b) the day on which, and the time at which, the order was completed.
 (5) Within 24 hours of being informed under subsection (3), the member must give or transmit the following to the issuing court:
 (a) the form of order completed by the member;
 (b) if the information and the explanation included in the request were not already sworn or affirmed—that information and explanation duly sworn