Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p8
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 8/268)
Character Range: 392557–395370

in which is sworn or affirmed by the member;
 (b) all that is required under subsection 104.2(3) (incorporating any change made to the draft of the interim control order under subsection 104.2(4));
 (d) the following:
 (i) an explanation as to why each of the proposed conditions should be imposed on the person;
 (ii) if the member is aware of any facts relating to why any of those conditions should not be imposed on the person—a statement of those facts;
 (e) the following:
 (i) the outcomes and particulars of all previous requests for interim control orders (including the outcomes of the hearings to confirm the orders), and all previous applications for post‑sentence orders or interim post‑sentence orders, in relation to the person;
 (ii) the outcomes and particulars of all previous applications for variations of control orders or of post‑sentence orders made in relation to the person;
 (iii) the outcomes and particulars of all previous applications for revocations of control orders made in relation to the person;
 (iiia) the outcomes and particulars of all previous applications for revocations of post‑sentence orders or interim post‑sentence orders made in relation to the person;
 (iiib) the particulars of any revocations that occur by operation of this Act of continuing detention orders in relation to the person;
 (iiic) the outcomes and particulars of all previous applications for review of post‑sentence orders in relation to the person;
 (iv) the outcomes and particulars of all previous applications for preventative detention orders in relation to the person;
 (v) information (if any) that the member has about any periods for which the person has been detained under an order made under a corresponding State preventative detention law;
 (f) a copy of the AFP Minister's consent.
Note: The member might commit an offence if the draft 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, received training from or participated in training with a listed terrorist organisation; or
 (iii) that the person has engaged in a hostile activity in a foreign country; or
 (iv) that the person has 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