Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p5
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 5/58)
Character Range: 37217–40010

the person agrees, at the time of the counselling or education, to participate in the counselling or education.

Subdivision C—Making an urgent interim control order

104.6  Requesting an urgent interim control order by electronic means

 (1) A senior AFP member may request, by telephone, fax, email or other electronic means, an issuing court to make an interim control order in relation to a person if:
 (a) the member considers it necessary to use such means because of urgent circumstances; and
 (b) the member either considers or suspects the matters mentioned in subsection 104.2(2) on reasonable grounds.

 (2) The Attorney‑General's consent under section 104.2 is not required before the request is made.

Note: However, if the Attorney‑General's consent is not obtained before the member makes the request, the Attorney‑General's consent must be obtained within 4 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 subsection 104.2(3) in respect of an ordinary request for an interim control order (including, if the Attorney‑General's consent has been obtained before making the request, the changes (if any) required by the Attorney‑General);
 (b) an explanation as to why the making of the interim control order is urgent;
 (c) if the Attorney‑General's consent has been obtained before making the request—a copy of the Attorney‑General'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