Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p3
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 3/58)
Character Range: 32155–34772

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 the order is reasonably necessary, and reasonably appropriate and adapted, the court must take into account the impact of the obligation, prohibition or restriction on the person's circumstances (including the person's financial and personal circumstances).

 (3) The court need not include in the order an obligation, prohibition or restriction that was sought by the senior AFP member if the court is not satisfied as mentioned in paragraph (1)(d) in respect of that obligation, prohibition or restriction.

104.5  Terms of an interim control order

 (1) If the issuing court makes the interim control order, the order must:
 (a) state that the court is satisfied of the matters mentioned in paragraphs 104.4(1)(c) and (d); and
 (b) specify the name of the person to whom the order relates; and
 (c) specify all of the obligations, prohibitions and restrictions mentioned in subsection (3) that are to be imposed on the person by the order; and
 (d) state that the order does not begin to be in force until it is served personally on the person; and
 (e) specify a day on which the person may attend the court for the court to:
 (i) confirm (with or without variation) the interim control order; or
 (ii) declare the interim control order to be void; or
 (iii) revoke the interim control order; and
 (f) specify the period during which the confirmed control order is to be in force, which must not end more than 12 months after the day on which the interim control order is made; and
 (g) state that the person's lawyer may attend a specified place in order to obtain a copy of the interim control order; and
 (h) set out a summary of the grounds on which the order is made.

Note 1: An interim control order made in relation to a person must be served on the person at least 48 hours before the day specified as mentioned in paragraph (1)(e) (see section 104.12).

Note 2: 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 is made (see section 104.28).

 (1A) The day specified for the purposes of paragraph (1)(e) must be as soon as practicable, but at least 72 hours, after the order is made.

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

 (2A) To avoid doubt, paragraph (1)(h) does