Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p7
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 7/268)
Character Range: 390210–392800

suspects on reasonable grounds that the person has provided support for or otherwise facilitated the engagement in a hostile activity in a foreign country.
 (3) In seeking the AFP Minister's consent, the member must give the AFP Minister:
 (a) a draft of the interim control order to be requested; and
 (aa) the following:
 (i) a statement of the facts relating to why the order should be made;
 (ii) if the member is aware of any facts relating to why the order should not be made—a statement of those facts; and
 (b) if the person is at least 18 years of age and the member has information about the person's age—that information; and
 (ba) if the person is under 18 years of age—information about the person's age; and
 (c) a summary of the grounds on which the order should be made.
Note: An interim control order cannot be requested in relation to a person who is under 14 years of age (see section 104.28).
 (3A) To avoid doubt, paragraph (3)(c) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).
 (4) The AFP Minister's consent may be made subject to the member making changes required by the AFP Minister to the draft of the interim control order to be requested.
 (5) To avoid doubt, a senior AFP member may seek the AFP Minister's consent to request an interim control order in relation to a person even if:
 (a) such a request has previously been made in relation to the person; or
 (b) the person is detained in custody.
Note: An interim control order in relation to a person who is detained in custody in a prison does not begin to be in force until the person ceases to be detained in custody in a prison (see paragraph 104.5(1)(d) and subsection 104.5(1D)).
 (6) In subsection (2), a reference to a terrorist act includes:
 (a) a reference to a terrorist act that does not occur; and
 (b) a reference to a specific terrorist act; and
 (c) a reference to more than one terrorist act.

104.3  Requesting the court to make an interim control order
  If the AFP Minister consents to the request under section 104.2, the senior AFP member may request an interim control order by giving an issuing court the following:
 (a) a request the information in which is sworn or affirmed by the member;
 (b) all that is required under subsection 104.2(3) (incorporating any change made to the draft of the interim control order under subsection 104.2(4));
 (d) the following:
 (i) an explanation as to