Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p33
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 33/268)
Character Range: 453360–456068

evidence (including by calling witnesses or producing material), or make additional submissions, to the court in relation to the application to vary the order:
 (a) the Commissioner;
 (b) one or more other AFP members;
 (c) the person in relation to whom the order is made;
 (d) one or more representatives of the person;
 (e) if paragraph (3)(b) applies—the Queensland public interest monitor.
 (5) Subsection (4) does not otherwise limit the power of the court to control proceedings in relation to an application to vary a confirmed control order.
 (6) In subsection (1), 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.

104.24  Varying a control order
 (1) If an application is made under section 104.23, the issuing court may vary the control order, but only if:
 (a) an application has been made in accordance with section 104.23; and
 (b) the court is satisfied on the balance of probabilities that each of the additional conditions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of:
 (i) protecting the public from a terrorist act; or
 (ii) preventing the provision of support for or the facilitation of a terrorist act; or
 (iii) preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.
 (2) For the purposes of paragraph (1)(b), in determining whether each of the additional conditions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, the court must take into account:
 (a) as a paramount consideration in all cases—the objects of this Division (see section 104.1); and
 (b) as a primary consideration in the case where the person is 14 to 17 years of age—the best interests of the person; and
 (c) as an additional consideration in all cases—the impact of the condition on the person's circumstances (including the person's financial and personal circumstances).
 (2A) In determining what is in the best interests of the person for the purposes of paragraph (2)(b), the court must take into account the matters referred to in subsection 104.4(2A).
 (4) In paragraph (1)(b), 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.

104.25  Terms of a varied control order
  If the issuing court varies the control order under section 104.24, the following must be included in the order:
 (a) a statement