Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p14
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 14/58)
Character Range: 59290–62059

brought, or have been brought and discontinued or completed, within that period;
the photograph or the impression must be destroyed as soon as practicable after the end of that period.

 (3) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct contravenes subsection (1).

Penalty: Imprisonment for 2 years.

Subdivision F—Adding obligations, prohibitions or restrictions to a control order

104.23  Application by the AFP Commissioner for addition of obligations, prohibitions or restrictions

 (1) The Commissioner of the Australian Federal Police may cause an application to be made to an issuing court to vary, under section 104.24, a confirmed control order, by adding one or more obligations, prohibitions or restrictions mentioned in subsection 104.5(3) to the order, if the Commissioner considers on reasonable grounds that the varied control order in the terms to be sought would substantially assist in preventing a terrorist act.

 (2) The Commissioner must cause the court to be given:
 (a) a copy of the additional obligations, prohibitions and restrictions to be imposed on the person by the order; and
 (b) the following:
 (i) an explanation as to why each of those obligations, prohibitions and restrictions should be imposed on the person; and
 (ii) if the Commissioner is aware of any facts relating to why any of those obligations, prohibitions or restrictions should not be imposed on the person—a statement of those facts; and
 (c) the outcomes and particulars of all previous applications under this section for variations of the order; and
 (d) information (if any) that the Commissioner has about the person's age.

Note 1: A control order cannot be made in relation to a person who is under 16 years of age (see section 104.28).

Note 2: An offence might be committed if the application is false or misleading (see sections 137.1 and 137.2).

 (3) The Commissioner must cause:
 (a) written notice of the application and the grounds on which the variation is sought; and
 (b) a copy of the documents mentioned in paragraph (2)(b); and
 (c) any other details required to enable the person in relation to whom the order is made to understand and respond to the substance of the facts, matters and circumstances which will form the basis of the variation of the order;
to be given to the following persons:
 (d) the person in relation to whom the order is made;
 (e) if the person is a resident of Queensland, or the court will hear the application in Queensland—the Queensland public interest monitor.

 (3A) To avoid doubt, subsection (3) does not require any information to be given if disclosure of that information is likely:
 (a) to prejudice national security (within the meaning of the National Security