Document ID: chunk:federal_register_of_legislation:C2024C00749:clause:1_60:p6
Version: federal_register_of_legislation:C2024C00749
Segment Type: clause
Provision Reference: sch 1 cl 60 (pt 6/7)
Character Range: 850477–853264

in relation to whom the control order is in force:
 (i) has engaged, is engaging, or will engage, in a terrorist act; or
 (ii) has provided, is providing, or will provide, support for a terrorist act; or
 (iii) has facilitated, is facilitating, or will facilitate, a terrorist act; or
 (iv) has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; or
 (v) has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country;
 (ga) in relation to a Part 5.3 supervisory order that is an extended supervision order or an interim supervision order—the possibility that the person in relation to whom the order is in force has committed, is committing, or will commit, a serious Part 5.3 offence;
 (gb) in relation to any Part 5.3 supervisory order—the possibility that the person in relation to whom the Part 5.3 supervisory order is in force:
 (i) has contravened, is contravening, or will contravene, the Part 5.3 supervisory order; or
 (ii) will contravene a succeeding Part 5.3 supervisory order;
 (h) in relation to an application by a Part 5.3 IPO agency of Victoria—any submissions made by a Victorian PIM under clause 58 to the eligible Judge or nominated ART member; and
 (i) in relation to an application by a Part 5.3 IPO agency of Queensland—any submissions made by a Queensland PIM under clause 59 to the eligible Judge or nominated ART member;
 (j)  such other matters (if any) as the eligible Judge or nominated ART member considers relevant.

Restriction on issuing order
 (7) The eligible Judge or nominated ART member must not issue an international production order under subclause (2) in a case where subparagraph (2)(g)(ii) applies, unless the eligible Judge or nominated ART member is satisfied that:
 (a) the Part 5.3 IPO agency has exhausted all other practicable methods of identifying the individual transmission services used, or likely to be used, by the person to whom the Part 5.3 supervisory order referred to in subparagraph (2)(g)(ii) relates; or
 (b) interception of communications carried by individual transmission services used or likely to be used by that person would not otherwise be possible.
 (8) The eligible Judge or nominated ART member must not issue an international production order under subclause (2) in a case where: subparagraph (2)(h)(ii) applies, unless the eligible Judge or nominated ART member is satisfied that:
 (a) the Part 5.3 IPO agency has exhausted all other practicable methods of identifying the individual message/call application services used, or likely to be used, by the person the person to whom the Part 5.3 supervisory order referred to in subparagraph (2)(h)(ii) relates; or
 (b) interception of messages sent or