Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p7
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 7/58)
Character Range: 42312–44949

be made urgently, the court may make the same order that would be made under sections 104.4 and 104.5.

 (3) Within 24 hours of the order being made under subsection (2), the member must:
 (a) give or transmit a copy of the order to the issuing court; and
 (b) either:
 (i) give or transmit a copy of the Attorney‑General's consent to request the order to the court; or
 (ii) notify the court in writing that the Attorney‑General's consent was not obtained.

Note: Section 104.10 deals with the Attorney‑General's consent.

104.10  Obtaining the Attorney‑General's consent within 4 hours

 (1) If the Attorney‑General'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 4 hours of making the request.

 (2) In any case, if the Attorney‑General:
 (a) refuses his or her consent to request the order; or
 (b) has not given his or her consent to request the order;
within 4 hours of the request being made, the order immediately ceases to be in force.

Note: However, the senior AFP member can vary the request and seek the Attorney‑General'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.

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