Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p16
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 16/58)
Character Range: 64415–67087

a varied control order

  If the issuing court varies the control order under section 104.24, the following must be included in the order:
 (a) a statement that the court is satisfied of the matter mentioned in paragraph 104.24(1)(b); and
 (b) the additional obligations, prohibitions and restrictions that are to be imposed on the person by the varied order; and
 (c) a statement that the variation of the order does not begin to be in force until the varied order is served personally on the person; and
 (d) a statement that the person's lawyer may attend a specified place in order to obtain a copy of the varied order.

104.26  Service and explanation of a varied control order

 (1) As soon as practicable after a control order is varied under section 104.24, an AFP member:
 (a) must serve the varied order personally on the person; and
 (b) must inform the person that the order has been varied to impose additional obligations, prohibitions and restrictions; and
 (c) must inform the person of the following:
 (i) the effect of the additional obligations, prohibitions and restrictions;
 (ii) the effect of sections 104.18, 104.21 and 104.27 (and section 104.22 if appropriate); and
 (d) must ensure that the person understands the information provided under paragraph (c) (taking into account the person's age, language skills, mental capacity and any other relevant factor).

 (3) Paragraphs (1)(c) and (d) do not apply if the actions of the person in relation to whom the interim control order has been made make it impracticable for the AFP member to comply with those paragraphs.

 (4) A failure to comply with paragraph (1)(d) does not make the control order ineffective to any extent.

Subdivision G—Contravening a control order

104.27  Offence for contravening a control order

  A person commits an offence if:
 (a) a control order is in force in relation to the person; and
 (b) the person contravenes the order.

Penalty: Imprisonment for 5 years.

Subdivision H—Miscellaneous

104.28  Special rules for young people

Rule for persons under 16

 (1) A control order cannot be requested, made or confirmed in relation to a person who is under 16 years of age.

Rule for persons who are at least 16 but under 18

 (2) If an issuing court is satisfied that a person in relation to whom an interim control order is being made or confirmed is at least 16 but under 18, the period during which the confirmed control order is to be in force must not end more than 3 months after the day on which the interim control order is made by the court.

 (3) Subsection (2) does not prevent the making of successive control orders in relation to the same person.