Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p15
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 15/268)
Character Range: 409797–412637

under a law of a State or Territory that is equivalent to a control order, the issuing court must consider the conditions under that State or Territory order in imposing conditions on the person by the order.

General rules about conditions
 (7) To avoid doubt, without limiting subsection 33(3A) of the Acts Interpretation Act 1901, a condition imposed on the person by the order may:
 (a) prohibit or restrict specified conduct of the person, or impose obligations on the person; or
 (b) impose restrictions and obligations on the person in relation to classes of conduct, and prohibit other classes of that conduct; or
 (c) impose different restrictions, obligations and prohibitions in relation to different classes of conduct; or
 (d) for conduct that is prohibited by a condition described in a paragraph of subsection (1)—impose restrictions and obligations on the person in relation to that conduct instead of prohibiting that conduct; or
 (e) for conduct described in a paragraph of subsection (1) or (2)—impose different restrictions, obligations and prohibitions in relation to that conduct.

Access to lawyers
 (8) This section does not affect the person's right to contact, communicate or associate with the person's lawyer unless the person's lawyer is an individual covered by the condition in paragraph (1)(h). If the person's lawyer is so specified, the person may contact, communicate or associate with any other lawyer who is not so specified.

References to work
 (9) In subsection (1), a reference to work includes a reference to voluntary work.

Meaning of premises
 (10) In this section:
premises includes a place, an aircraft, a vehicle and a vessel.

104.5B  Conditions where exemptions may be granted
 (1) The issuing court may specify conditions included in the order that are to be exemption conditions.
 (2) An exemption condition is a condition specified in the order from which the person may apply for a temporary exemption.
 (3) The issuing court may make provision in relation to applications for temporary exemptions.
 (4) The person may apply, in writing, to a specified authority for an exemption from an exemption condition. The application must:
 (a) include a reason for the exemption; and
 (b) comply with any other requirements provided for under subsection (3).
 (5) If the person so applies, the specified authority may:
 (a) require further information to be provided by the person before making a decision in relation to the application; and
 (b) either:
 (i) grant or refuse the exemption; or
 (ii) grant the exemption subject to any reasonable directions specified in writing by the specified authority.

104.5C  Treatment of photographs and impressions of fingerprints
 (1) If the issuing court, by the order, imposes on the person a condition referred to in paragraph 104.5A(2)(b) or (c), a