Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p11
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 11/58)
Character Range: 51958–54582

section 104.16.

104.15  When a declaration, or a revocation, variation or confirmation of a control order, is in force

 (1) If the court declares the interim control order to be void under section 104.14, the order is taken never to have been in force.

 (2) If the court revokes the interim control order under section 104.14, the order ceases to be in force when the court revokes the order.

 (3) If the court confirms the interim control order (with or without variation) under section 104.14 then:
 (a) the interim control order ceases to be in force; and
 (b) the confirmed control order begins to be in force;
when the court makes a corresponding order under section 104.16.

104.16  Terms of a confirmed control order

 (1) If the issuing court confirms the interim control order under section 104.14, the court must make a corresponding order that:
 (a) states that the court is satisfied of the matters mentioned in paragraphs 104.4(1)(c) and (d); and
 (b) specifies the name of the person to whom the order relates; and
 (c) specifies all of the obligations, prohibitions and restrictions mentioned in subsection 104.5(3) that are to be imposed on the person by the order; and
 (d) specifies the period during which the order is to be in force, which must not end more than 12 months after the day on which the interim control order was made; and
 (e) states that the person's lawyer may attend a specified place in order to obtain a copy of the confirmed control order.

Note: A confirmed control order that is made in relation to a 16‑ to 18‑year‑old must not end more than 3 months after the day on which the interim control order was made (see section 104.28).

 (2) Paragraph (1)(d) does not prevent the making of successive control orders in relation to the same person.

104.17  Service of a declaration, or a revocation, variation or confirmation of a control order

  As soon as practicable after an interim control order is declared to be void, revoked or confirmed (with or without variation) under section 104.14, an AFP member must serve the declaration, the revocation or the confirmed control order personally on the person.

Subdivision E—Rights in respect of a control order

104.18  Application by the person for a revocation or variation of a control order

 (1) A person in relation to whom a confirmed control order is made may apply to an issuing court for the court to revoke or vary the order under section 104.20.

 (2) The person may make the application at any time after the order is served on the person.

 (3) The person must give written notice of both the application and the