Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_28
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 28
Character Range: 17659–18998

28  At the end of section 104.15 of the Criminal Code
Add:

Interim control orders that were not in force
 (4) The interim control order never comes into force if:
 (a) the court confirms the interim control order (with or without variation) under section 104.14 in relation to a person; and
 (b) the interim control order had not begun to be in force when it was served personally on the person because of subsection 104.5(1D).
 (5) The confirmed control order begins to be in force when all of the following conditions are met:
 (a) the relevant interim control order did not begin to be in force when it was served personally on the person because of subsection 104.5(1D);
 (b) either of the following events occurs:
 (i) the person is released from custody in a prison into the community;
 (ii) the extended supervision order or interim supervision order referred to in paragraph 104.5(1D)(b) ceases to be in force in relation to the person;
 (c) when the event occurs, the person is in the community without an extended supervision order or interim supervision order being in force in relation to the person.
Note: Persons detained in non‑prison custody are taken to be in the community (see section 105A.18AA).
 (6) To avoid doubt, the confirmed control order never comes into force if the condition in paragraph (5)(c) is not met.