Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p2
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 2/58)
Character Range: 29688–32410

been detained under an order made under a corresponding State preventative detention law; and
 (e) information (if any) that the member has about the person's age; and
 (f) a summary of the grounds on which the order should be made.

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

Note 2: The member might commit an offence if the draft request is false or misleading (see sections 137.1 and 137.2).

 (3A) To avoid doubt, paragraph (3)(f) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).

 (4) The Attorney‑General's consent may be made subject to changes being made to the draft request (including the draft of the interim control order to be requested).

 (5) To avoid doubt, a senior AFP member may seek the Attorney‑General's consent to request an interim control order in relation to a person, even if such a request has previously been made in relation to the person.

104.3  Requesting the court to make an interim control order

  If the Attorney‑General consents to the request under section 104.2, the senior AFP member may request the interim control order by giving an issuing court:
 (a) a request:
 (i) that is the same as the draft request, except for the changes (if any) required by the Attorney‑General; and
 (ii) the information in which is sworn or affirmed by the member; and
 (b) 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).

104.4  Making an interim control order

 (1) The issuing court may make an order under this section in relation to the person, but only if:
 (a) the senior AFP member has requested it in accordance with section 104.3; and
 (b) the court has received and considered such further information (if any) as the court requires; and
 (c) the court is satisfied on the balance of probabilities:
 (i) that making the order would substantially assist in preventing a terrorist act; or
 (ii) that the person has provided training to, or received training from, a listed terrorist organisation; and
 (d) the court is satisfied on the balance of probabilities that each of the obligations, prohibitions and restrictions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the public from a terrorist act.

 (2) In determining whether each of the obligations, prohibitions and restrictions to be imposed on the person by