Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p27
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 27/268)
Character Range: 439061–441618

in custody, see section 104.28B.
 (2) Paragraphs (1)(b) and (c) do not apply if the actions of the person in relation to whom the interim control order has been declared void, revoked or confirmed make it impracticable for the AFP member to comply with those paragraphs.
 (2A) Paragraphs (1)(b) and (c) do not apply if the person in relation to whom the interim control order has been declared void, revoked or confirmed is detained in custody and it is impracticable for the AFP member to comply with those paragraphs.
 (3) A failure to comply with paragraph (1)(c) does not make the control order ineffective to any extent.

If person is 14 to 17
 (4) If the person is 14 to 17 years of age, then as soon as practicable after the interim control order is declared to be void, revoked or confirmed (with or without variation) under section 104.14, an AFP member must take reasonable steps to serve a copy of the declaration, revocation or confirmed control order personally on at least one parent or guardian of the person.

104.17A  Cessation of a control order if post‑sentence order made
 (1) If:
 (a) a control order or interim control order has already been served on a person; and
 (b) a post‑sentence order or interim post‑sentence order begins to be in force in relation to the person;
then:
 (c) if the control order or interim control order is in force—that order immediately ceases to be in force; and
 (d) an AFP member must:
 (i) annotate a copy of that order to indicate that it has ceased to be in force or will not come into force (as the case requires); and
 (ii) cause an annotated copy to be served personally on the person; and
 (iii) if the person is a resident of Queensland, or the court made the order in Queensland—give the Queensland public interest monitor an annotated copy.

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 grounds on which the revocation or variation is sought to the following persons:
 (a) the Commissioner of the Australian Federal Police;
 (b) if:
 (i) the person in relation to whom the order is made is a resident of Queensland; or
 (ii) the court will hear the application in Queensland;