Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p8
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 8/58)
Character Range: 44728–47402

made in relation to a person, and at least 48 hours before the day specified as mentioned in paragraph 104.5(1)(e), an AFP member:
 (a) must serve the order personally on the person; and
 (b) must inform the person of the following:
 (i) the effect of the order;
 (ii) the period for which the order (if confirmed) is in force;
 (iii) the effect of sections 104.12A, 104.13, 104.14, 104.18 and 104.27 (and section 104.22 if appropriate); and
 (c) must ensure that the person understands the information provided under paragraph (b) (taking into account the person's age, language skills, mental capacity and any other relevant factor).

 (3) Paragraphs (1)(b) and (c) 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)(c) does not make the control order ineffective to any extent.

Queensland public interest monitor to be given copy of interim control order

 (5) If:
 (a) the person in relation to whom the interim control order is made is a resident of Queensland; or
 (b) the issuing court that made the interim control order did so in Queensland;
an AFP member must give to the Queensland public interest monitor a copy of the order.

104.12A  Election to confirm control order

 (1) At least 48 hours before the day specified in an interim control order as mentioned in paragraph 104.5(1)(e), the senior AFP member who requested the order must:
 (a) elect whether to confirm the order on the specified day; and
 (b) give a written notification to the issuing court that made the order of the member's election.

 (2) If the senior AFP member elects to confirm the order, an AFP member must:
 (a) serve personally on the person in relation to whom the order is made:
 (i) a copy of the notification; and
 (ii) a copy of the documents mentioned in paragraphs 104.2(3)(b) and (c); and
 (iii) any other details required to enable the person to understand and respond to the substance of the facts, matters and circumstances which will form the basis of the confirmation of the order; and
 (b) if the person is a resident of Queensland, or the court made the order in Queensland—give the Queensland public interest monitor a copy of the documents mentioned in paragraph (a).

 (3) To avoid doubt, subsection (2) does not require any information to be served or given if disclosure of that information is likely:
 (a) to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004); or
 (b) to be protected by public interest immunity;