Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p19
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 19/268)
Character Range: 419831–422529

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 or affirmed;
 (c) if the AFP Minister's consent was not obtained before making the request—a copy of the AFP Minister's consent.
 (6) The issuing court must attach to the documents provided under subsection (5) the form of order the court has completed.

104.8  Requesting an urgent interim control order in person
 (1) A senior AFP member may request, in person, an issuing court to make an interim control order in relation to a person without first obtaining the AFP Minister's consent under section 104.2 if:
 (a) the member considers it necessary to request the order without the consent because of urgent circumstances; and
 (b) the member suspects the matters mentioned in subsection 104.2(2) on reasonable grounds.
Note: The AFP Minister's consent must be obtained within 8 hours of making the request (see section 104.10).
 (2) The request must include the following:
 (a) all that is required under paragraphs 104.3(a) to (e) in respect of an ordinary request for an interim control order;
 (b) an explanation that is sworn or affirmed as to why the making of the interim control order without first obtaining the AFP Minister's consent is urgent.
Note: The member might commit an offence if the request is false or misleading (see sections 137.1 and 137.2).

104.9  Making an urgent interim control order in person
 (1) Before making an order in response to a request under section 104.8, 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 make the same order that would be made under sections 104.4 and 104.5.
 (3) Within 24 hours of the order being made under subsection (2), the member must:
 (a) give or transmit a copy of the order to the issuing court; and
 (b) either:
 (i) give or transmit a copy of the AFP Minister's consent to request the order to the court; or
 (ii) notify the court in writing that the AFP Minister's consent was not obtained.
Note: Section 104.10 deals with the AFP Minister's consent.

104.10  Obtaining the AFP Minister's consent within 8 hours
 (1) If the AFP Minister's consent to request an interim control order was not first sought before making a request under section 104.6 or 104.8, the senior AFP member who made the request must, in accordance with subsection 104.2(3),