Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p31
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 31/268)
Character Range: 448494–451165

the conditions that are to be made; and
 (c) state the period during which the order, as varied, is in force; and
 (d) state that the person's lawyer may request a copy of the order.
 (8) If the issuing court varies the order and the person is 14 to 17 years of age, an AFP member must take reasonable steps to serve a copy of the varied order personally on each parent or guardian of the person notified of the variation in accordance with subsection (4).

Subdivision F—Adding conditions to a control order

104.23  Application by the AFP Commissioner for addition of conditions
 (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 conditions, in accordance with section 104.5A, to the order, if the Commissioner:
 (a) suspects on reasonable grounds that the varied order in the terms to be sought would substantially assist in preventing a terrorist act; or
 (b) suspects on reasonable grounds that the person has:
 (i) provided training to, received training from or participated in training with a listed terrorist organisation; or
 (ii) engaged in a hostile activity in a foreign country; or
 (iii) been convicted in Australia of an offence relating to terrorism, a terrorist organisation (within the meaning of subsection 102.1(1)) or a terrorist act (within the meaning of section 100.1); or
 (iv) been convicted in a foreign country of an offence that is constituted by conduct that, if engaged in in Australia, would constitute a terrorism offence (within the meaning of subsection 3(1) of the Crimes Act 1914); or
 (c) suspects on reasonable grounds that the varied order in the terms to be sought would substantially assist in preventing the provision of support for or the facilitation of a terrorist act; or
 (d) suspects on reasonable grounds that the person has provided support for or otherwise facilitated the engagement in a hostile activity in a foreign country.
 (2) The Commissioner must cause the court to be given:
 (a) a copy of the additional conditions to be imposed on the person by the order; and
 (b) the following:
 (i) an explanation as to why each of those conditions should be imposed on the person; and
 (ii) if the Commissioner is aware of any facts relating to why any of those conditions 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) if the person is at least 18 years of age and the Commissioner has information about the person's age—that information;