Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p1
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 1/58)
Character Range: 27104–29920

24  After Division 103 of the Criminal Code
Insert:

Division 104—Control orders

Subdivision A—Object of this Division

104.1  Object of this Division

  The object of this Division is to allow obligations, prohibitions and restrictions to be imposed on a person by a control order for the purpose of protecting the public from a terrorist act.

Subdivision B—Making an interim control order

104.2  Attorney‑General's consent to request an interim control order

 (1) A senior AFP member must not request an interim control order in relation to a person without the Attorney‑General's written consent.

Note: However, in urgent circumstances, a senior AFP member may request an interim control order without first obtaining the Attorney‑General's consent (see Subdivision C).

 (2) A senior AFP member may only seek the Attorney‑General's written consent to request an interim control order in relation to a person if the member:
 (a) considers on reasonable grounds that the order in the terms to be requested would substantially assist in preventing a terrorist act; or
 (b) suspects on reasonable grounds that the person has provided training to, or received training from, a listed terrorist organisation.

 (3) In seeking the Attorney‑General's consent, the member must give the Attorney‑General a draft request that includes:
 (a) a draft of the interim control order to be requested; and
 (b) the following:
 (i) a statement of the facts relating to why the order should be made;
 (ii) if the member is aware of any facts relating to why the order should not be made—a statement of those facts; and
 (c) the following:
 (i) an explanation as to why each of the obligations, prohibitions and restrictions should be imposed on the person;
 (ii) if the member is aware of any facts relating to why any of those obligations, prohibitions or restrictions should not be imposed on the person—a statement of those facts; and
 (d) the following:
 (i) the outcomes and particulars of all previous requests for interim control orders (including the outcomes of the hearings to confirm the orders) in relation to the person;
 (ii) the outcomes and particulars of all previous applications for variations of control orders made in relation to the person;
 (iii) the outcomes of all previous applications for revocations of control orders made in relation to the person;
 (iv) the outcomes and particulars of all previous applications for preventative detention orders in relation to the person;
 (v) information (if any) that the member has about any periods for which the person has been detained under an order made under a corresponding State preventative detention law; and
 (e) information (if any) that the member has about the person's age; and
 (f) a summary of the grounds on which the order should be made.