Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p10
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 10/58)
Character Range: 49534–52193

(i) the person is a resident of Queensland; or
 (ii) the court made the interim control order in Queensland;
  the Queensland public interest monitor (unless the monitor is already a representative of the person).

 (2) Subsection (1) does not otherwise limit the power of the court to control proceedings in relation to the confirmation of an interim control order.

 (3) Before taking action under this section, the court must consider:
 (a) the original request for the interim control order; and
 (b) any evidence adduced, and any submissions made, under subsection (1) in respect of the order.

Failure of person or representative etc. to attend

 (4) The court may confirm the order without variation if:
 (a) none of the following persons attend the court on the specified day:
 (i) the person in relation to whom the order is made;
 (ii) a representative of the person;
 (iii) if the person is a resident of Queensland, or the court made the order in Queensland—the Queensland public interest monitor; and
 (b) the court is satisfied on the balance of probabilities that the order was properly served on the person in relation to whom the order is made.

Attendance of person or representative etc.

 (5) The court may take the action mentioned in subsection (6) or (7) if any of the following persons attend the court on the specified day:
 (a) the person in relation to whom the order is made;
 (b) a representative of the person;
 (c) if the person is a resident of Queensland, or the court made the order in Queensland—the Queensland public interest monitor.

 (6) The court may declare, in writing, the order to be void if the court is satisfied that, at the time of making the order, there were no grounds on which to make the order.

 (7) Otherwise, the court may:
 (a) revoke the order if, at the time of confirming the order, the court is not satisfied as mentioned in paragraph 104.4(1)(c); or
 (b) confirm and vary the order by removing one or more obligations, prohibitions or restrictions if, at the time of confirming the order, the court is satisfied as mentioned in paragraph 104.4(1)(c) but is not satisfied as mentioned in paragraph 104.4(1)(d); or
 (c) confirm the order without variation if, at the time of confirming the order, the court is satisfied as mentioned in paragraphs 104.4(1)(c) and (d).

Note: If the court confirms the interim control order, the court must make a new order under section 104.16.

104.15  When a declaration, or a revocation, variation or confirmation of a control order, is in force

 (1) If the court declares the interim control order to be void under section 104.14, the order is taken never to