Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p17
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 17/268)
Character Range: 414953–417670

also include in the order an authorisation for:
 (a) one or more specified authorities to enter the person's residence as specified in the order at any reasonable time for any purpose relating to the electronic monitoring of the person; and
 (b) one or more specified authorities to install, repair or fit the monitoring device and any related monitoring equipment; and
 (c) one or more specified authorities or police officers to take the steps specified in the order to ensure that the device and any related monitoring equipment are or remain in good working order; and
 (d) one or more specified authorities, police officers or corrective services officers to remove the monitoring device; and
 (e) one or more police officers to remove any related monitoring equipment.
 (3) If:
 (a) a monitoring device is installed on the person; and
 (b) any of the following events occurs:
 (i) the monitoring condition is removed from the order;
 (ii) the order ceases to be in force;
 (iii) the person is detained in custody;
the device and any related monitoring equipment may be removed in accordance with paragraph (2)(d) or (e) even though no authorisation under subsection (2) is in force.
Note: For the definition of detained in custody, see subsection 100.1(1).

Powers relating to monitoring devices and related electronic equipment
 (4) Before exercising a power referred to in paragraph (2)(a), (b), (d) or (e), or subsection (3), a specified authority, police officer or corrective services officer must inform the person:
 (a) that the device and equipment are to be installed, repaired, fitted or removed (as the case requires); and
 (b) of the proposed timing of the taking of the action; and
 (c) that the person may consent to the taking of the action; and
 (d) that if consent is not given, reasonable force may be used to take the action, or to enter the person's residence in order to take the action.
 (5) If the person does not give consent, reasonable force may be used by a police officer to take the action, or to enter the person's residence in order to take the action.

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 suspects the matters mentioned in subsection 104.2(2) on reasonable grounds.
 (2) The AFP Minister's consent under section 104.2 is not required before the request is made.
Note: However, if the AFP Minister's consent is not