Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p11
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 11/268)
Character Range: 399871–402457

17 years of age, then a confirmed control order must not end more than 3 months after the day on which the interim control order is made (see section 104.28).

Attendance of person at court
 (1A) The day specified for the purposes of paragraph (1)(e) must be as soon as practicable, but at least 7 days, after the order is made.
 (1B) In specifying a day for the purposes of paragraph (1)(e), the issuing court must take into account:
 (a) that the persons mentioned in subsection 104.14(1) may need to prepare in order to adduce evidence or make submissions to the court in relation to the confirmation of the order; and
 (aa) if the person to whom the order relates is detained in custody—any other matter relating to the person's detention that the court considers relevant; and
 (b) any other matter the court considers relevant.
 (1C) To avoid doubt, if the person is detained in custody, the person has a right to attend court on the day specified for the purposes of paragraph (1)(e).

Rules relating to the period an interim control order is in force
 (1D) The interim control order does not begin to be in force when it is served personally on the person if, at that time:
 (a) the person is detained in custody in a prison; or
 (b) an extended supervision order or interim supervision order is in force in relation to the person.
Note: An interim control order in relation to a person who is detained in non‑prison custody begins to be in force when the order is served personally on the person (see paragraph (1)(d)).
 (1E) The interim control order referred to in subsection (1D) instead begins to be in force when all of the following conditions are met:
 (a) either of the following events occurs:
 (i) the person ceases to be detained in custody in a prison;
 (ii) the extended supervision order or interim supervision order ceases to be in force in relation to the person;
 (b) when the event occurs:
 (i) the interim control order has not been confirmed under section 104.14; and
 (ii) the person is in the community without an extended supervision order or interim supervision order being in force in relation to the person.
Note: Persons detained in non‑prison custody are taken to be in the community (see section 105A.18AA).
 (1F) To avoid doubt, the interim control order never comes into force if the condition in subparagraph (1E)(b)(ii) is not met.
 (2) Paragraph (1)(f) does not prevent the making of successive control orders in relation to the same person.
 (2AA) To avoid doubt, if a control order is in force in relation to a person, the control order does