Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p20
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 20/268)
Character Range: 422289–424871

hours
 (1) If the AFP Minister's consent to request an interim control order was not first sought before making a request under section 104.6 or 104.8, the senior AFP member who made the request must, in accordance with subsection 104.2(3), seek that consent within 8 hours of making the request.
 (2) In any case, if the AFP Minister:
 (a) refuses his or her consent to request the order; or
 (b) has not given his or her consent to request the order;
within 8 hours of the request being made, the order immediately ceases to be in force.
Note: However, the senior AFP member can seek the AFP Minister's consent to request a new interim control order in relation to the person (see subsection 104.2(5)).
 (3) If the order ceases to be in force under subsection (2), the senior AFP member must, as soon as practicable:
 (a) notify the court that the order has ceased to be in force; and
 (b) if the order has been served on the person in relation to whom it was made:
 (i) annotate the order to indicate that it has ceased to be in force; and
 (ii) cause the annotated order to be served personally on the person.
Note: For the personal service of documents on a person detained in custody, see section 104.28B.

104.11  Court to assume that exercise of power not authorised by urgent interim control order
  If:
 (a) it is material, in any proceedings, for a court to be satisfied that an interim control order was duly made under section 104.7; and
 (b) the form of order completed by the relevant issuing court is not produced in evidence;
the first‑mentioned court is to assume, unless the contrary is proved, that the order was not duly made.

Subdivision D—Confirming an interim control order

104.12  Service, explanation and notification of an interim control order

Service and explanation of an interim control order
 (1) As soon as practicable after an interim control order is 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 104.5C if appropriate);
 (iiia) that the person has a right to obtain legal advice and legal representation;
 (iv) that the person may have appeal and review rights in relation to the decision of the issuing court to make the order;
 (v) the person's right to attend court on the