(b) the confirmed control order begins to be in force;
when the court makes a corresponding order under section 104.16.
Interim control orders that were not in force
(4) The interim control order never comes into force if:
(a) the court confirms the interim control order (with or without variation) under section 104.14 in relation to a person; and
(b) the interim control order had not begun to be in force when it was served personally on the person because of subsection 104.5(1D).
(5) The confirmed control order begins to be in force when all of the following conditions are met:
(a) the relevant interim control order did not begin to be in force when it was served personally on the person because of subsection 104.5(1D);
(b) either of the following events occurs:
(i) the person is released from custody in a prison into the community;
(ii) the extended supervision order or interim supervision order referred to in paragraph 104.5(1D)(b) ceases to be in force in relation to the person;
(c) when the event occurs, 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).
(6) To avoid doubt, the confirmed control order never comes into force if the condition in paragraph (5)(c) is not met.
104.16 Terms of a confirmed control order
(1) If the issuing court confirms the interim control order under section 104.14, the court must make a corresponding order that:
(a) states that the court is satisfied of the matters mentioned in paragraphs 104.4(1)(c) and (d); and
(b) specifies the name of the person to whom the order relates; and
(c) specifies all of the conditions that are to be imposed on the person by the order in accordance with section 104.5A; and
(ca) specifies any exemption conditions that are to be imposed in accordance with section 104.5B on the person by the order; and
(d) specifies the period during which the order is to be in force, which must not end more than 12 months after the day on which the interim control order was made; and
(e) states that the person’s lawyer may attend a specified place in order to obtain a copy of the confirmed control order.
Note: If the person is 14 to 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).
(2) Paragraph (1)(d) does not prevent the making of successive control orders in relation to the same person.
104.17 Service of a declaration, or a revocation, variation or confirmation of a control order
(1) As soon as practicable after an interim control order is declared to be void, revoked or confirmed (with or without variation) under section 104.14, an AFP member must:
(a) serve the declaration, the revocation or the confirmed control order personally on the person; and
(b) if the court confirms the interim order (with or without variation)—inform the person of the following:
(i) that the person may have appeal and review rights in relation to the decision of the issuing court to confirm the order;
(ii) the person’s right to apply under section 104.18 for an order revoking or varying the order;
(iia) that the order may be varied, by consent, in accordance with section 104.22;
(iii) the right of the person or one or more representatives of the person, and (if relevant) the right of the Queensland public interest monitor, to adduce evidence or make submissions under subsection 104.19(3) or 104.23(4) in relation to an application to revoke or vary the order; and
(c) if paragraph (b) applies—ensure that the person understands the information provided under that paragraph (taking into account the person’s age, language skills, mental capacity and any other relevant factor).
Note: For the personal service of documents on a person detained in custody, see section 104.28B.
(2) Paragraphs (1)(b) and (c) do not apply if the actions of the person in relation to whom the interim control order has been declared void, revoked or confirmed make it impracticable for the AFP member to comply with those paragraphs.
(2A) Paragraphs (1)(b) and (c) do not apply if the person in relation to whom the interim control order has been declared void, revoked or confirmed is detained in custody and it is impracticable for the AFP member to comply with those paragraphs.
(3) A failure to comply with paragraph (1)(c) does not make the control order ineffective to any extent.
If person is 14 to 17
(4) If the person is 14 to 17 years of age, then as soon as practicable after the interim control order is declared to be void, revoked or confirmed (with or without variation) under section 104.14, an AFP member must take reasonable steps to serve a copy of the declaration, revocation or confirmed control order personally on at least one parent or guardian of the person.
104.17A Cessation of a control order if post‑sentence order made
(1) If:
(a) a control order or interim control order has already been served on a person; and
(b) a post‑sentence order or interim post‑sentence order begins to be in force in relation to the person;
then:
(c) if the control order or interim control order is in force—that order immediately ceases to be in force; and
(d) an AFP member must:
(i) annotate a copy of that order to indicate that it has ceased to be in force or will not come into force (as the case requires); and
(ii) cause an annotated copy to be served personally on the person; and
(iii) if the person is a resident of Queensland, or the court made the order in Queensland—give the Queensland public interest monitor an annotated copy.
Subdivision E—Rights in respect of a control order
104.18 Application by the person for a revocation or variation of a control order
(1) A person in relation to whom a confirmed control order is made may apply to an issuing court for the court to revoke or vary the order under section 104.20.
(2) The person may make the application at any time after the order is served on the person.
(3) The person must give written notice of both the application and the grounds on which the revocation or variation is sought to the following persons:
(a) the Commissioner of the Australian Federal Police;
(b) if:
(i) the person in relation to whom the order is made is a resident of Queensland; or
(ii) the court will hear the application in Queensland;
the Queensland public interest monitor.
(4) The following persons may adduce additional evidence (including by calling witnesses or producing material), or make additional submissions, to the court in relation to the application to revoke or vary the order:
(a) the Commissioner;
(b) one or more other AFP members;
(c) the person in relation to whom the order is made;
(d) one or more representatives of the person;
(e) if paragraph (3)(b) applies—the Queensland public interest monitor.
(5) Subsection (4) does not otherwise limit the power of the court to control proceedings in relation to an application to revoke or vary a confirmed control order.
104.19 Application by the AFP Commissioner for a revocation or variation of a control order
(1) While a confirmed control order is in force, the Commissioner of the Australian Federal Police must cause an application to be made to an issuing court:
(a) to revoke the order, under section 104.20, if the Commissioner is satisfied that the grounds on which the order was confirmed have ceased to exist; and
(b) to vary the order, under that section, by removing one or more conditions, if the Commissioner is satisfied that those conditions should no longer be imposed on the person.
(2) The Commissioner must cause written notice of both the application and the grounds on which the revocation or variation is sought to be given to the following persons:
(a) the person in relation to whom the order is made;
(b) if:
(i) the person in relation to whom the order is made is a resident of Queensland; or
(ii) the court will hear the application in Queensland;
the Queensland public interest monitor.
(2A) If the person is 14 to 17 years of age, the Commissioner must cause reasonable steps to be taken to give written notice of both the application and the grounds on which the revocation or variation is sought to at least one parent or guardian of the person.
(3) The following persons may adduce additional evidence (including by calling witnesses or producing material), or make additional submissions, to the court in relation to the application to revoke or vary the order:
(a) the Commissioner;
(b) one or more other AFP members;
(c) the person in relation to whom the order is made;
(d) one or more representatives of the person;
(e) if paragraph (2)(b) applies—the Queensland public interest monitor.
(4) Subsection (3) does not otherwise limit the power of the court to control proceedings in relation to an application to revoke or vary a confirmed control order.
104.20 Revocation or variation of a control order on application by the person or the AFP Commissioner
(1) If an application is made under section 104.18 or 104.19 in respect of a confirmed control order, the court may:
(a) revoke the order if, at the time of considering the application, the court is not satisfied as mentioned in paragraph 104.4(1)(c); or
(b) vary the order by removing one or more conditions if, at the time of considering the application, the court is satisfied as mentioned in paragraph 104.4(1)(c) but is not satisfied as mentioned in paragraph 104.4(1)(d); or
(c) dismiss the application if, at the time of considering the application, the court is satisfied as mentioned in paragraphs 104.4(1)(c) and (d).
(2) A revocation or variation begins to be in force when the court revokes or varies the order.
(3) As soon as practicable after a confirmed control order in relation to a person is revoked or varied, an AFP member must:
(a) serve the revocation or variation personally on the person; and
(b) if the person is 14 to 17 years of age—take reasonable steps to serve a copy of the revocation or variation personally on at least one parent or guardian of the person.
Note: For the personal service of documents on a person detained in custody, see section 104.28B.
104.21 Lawyer may request a copy of a control order
(1) If a control order is confirmed or varied under section 104.14, 104.20 or 104.24, a lawyer of the person in relation to whom the control order is made may attend the place specified in the order as mentioned in paragraph 104.16(1)(e) or 104.25(d) in order to obtain a copy of the order.
(1A) If a control order in relation to a person is varied under section 104.22, the person’s lawyer may request a copy of the order.
(2) This section does not:
(a) require more than one person to give the lawyer a copy of an order mentioned in subsection (1) or (1A); or
(b) entitle the lawyer to request, be given a copy of, or see, a document other than the order.
Subdivision EA—Varying a control order by consent
104.22 Varying control order by consent
(1) Any of the following persons (the applicant) may apply to the issuing court to vary a control order in relation to a person:
(a) a senior AFP member or a legal representative of the senior AFP member;
(b) the person or a legal representative of the person.
(2) The variation may consist of:
(a) varying or removing one or more of the conditions imposed on the person by the order; or
(b) imposing one or more additional conditions on the person by the order.
(3) The application may be withdrawn at any time before the issuing court decides whether or not to vary the order.
(4) If the person is 14 to 17 years of age, a senior AFP member or a legal representative of the senior AFP member must cause written notice of the application to be given to at least one parent or guardian of the person.
(5) If the person is 14 to 17 years of age, the issuing court may vary the order if the court is satisfied that:
(a) written consent to the variation has been given (and not withdrawn) by:
(i) if the applicant is a senior AFP member or a legal representative of the senior AFP member—a parent or guardian of the person notified of the variation in accordance with subsection (4); or
(ii) if the applicant is the person or a legal representative of the person—a senior AFP member; and
(b) the variation is in the best interests of the person, having regard to any representations the person makes about the variation and any other matter the court considers relevant; and
(c) the variation is appropriate in the circumstances.
(6) If the person is 18 years of age or older, the issuing court may vary the order if the court is satisfied that:
(a) written consent to the variation has been given (and not withdrawn) by:
(i) if the applicant is a senior AFP member or a legal representative of the senior AFP member—the person; or
(ii) if the applicant is the person or a legal representative of the person—a senior AFP member; and
(b) the variation is appropriate in the circumstances.
(7) If the issuing court varies the order, the varied order must:
(a) state that the court is satisfied of the matters mentioned in subsection (5) or (6) as applicable; and
(b) specify the variations to the conditions that are to be made; and
(c) state the period during which the order, as varied, is in force; and
(d) state that the person’s lawyer may request a copy of the order.
(8) If the issuing court varies the order and the person is 14 to 17 years of age, an AFP member must take reasonable steps to serve a copy of the varied order personally on each parent or guardian of the person notified of the variation in accordance with subsection (4).
Subdivision F—Adding conditions to a control order
104.23 Application by the AFP Commissioner for addition of conditions
(1) The Commissioner of the Australian Federal Police may cause an application to be made to an issuing court to vary, under section 104.24, a confirmed control order, by adding one or more conditions, in accordance with section 104.5A, to the order, if the Commissioner:
(a) suspects on reasonable grounds that the varied order in the terms to be sought would substantially assist in preventing a terrorist act; or
(b) suspects on reasonable grounds that the person has:
(i) provided training to, received training from or participated in training with a listed terrorist organisation; or
(ii) engaged in a hostile activity in a foreign country; or
(iii) been convicted in Australia of an offence relating to terrorism, a terrorist organisation (within the meaning of subsection 102.1(1)) or a terrorist act (within the meaning of section 100.1); or
(iv) been convicted in a foreign country of an offence that is constituted by conduct that, if engaged in in Australia, would constitute a terrorism offence (within the meaning of subsection 3(1) of the Crimes Act 1914); or
(c) suspects on reasonable grounds that the varied order in the terms to be sought would substantially assist in preventing the provision of support for or the facilitation of a terrorist act; or
(d) suspects on reasonable grounds that the person has provided support for or otherwise facilitated the engagement in a hostile activity in a foreign country.
(2) The Commissioner must cause the court to be given:
(a) a copy of the additional conditions to be imposed on the person by the order; and
(b) the following:
(i) an explanation as to why each of those conditions should be imposed on the person; and
(ii) if the Commissioner is aware of any facts relating to why any of those conditions should not be imposed on the person—a statement of those facts; and
(c) the outcomes and particulars of all previous applications under this section for variations of the order; and
(d) if the person is at least 18 years of age and the Commissioner has information about the person’s age—that information; and
(e) if the person is under 18 years of age—information about the person’s age.
Note 1: A control order cannot be made in relation to a person who is under 14 years of age (see section 104.28).
Note 2: An offence might be committed if the application is false or misleading (see sections 137.1 and 137.2).
(3) As soon as practicable after an application is made under subsection (1), the Commissioner must:
(a) cause the documents mentioned in subsection (3AA) to be served personally on the person in relation to whom the order is made; and
(b) if the person is a resident of Queensland, or the court will hear the application in Queensland—cause the documents mentioned in subsection (3AA) to be given to the Queensland public interest monitor; and
(c) if the person is 14 to 17 years of age—cause reasonable steps to be taken to serve the documents mentioned in subsection (3AA) personally on at least one parent or guardian of the person.
(3AA) The documents are the following:
(a) written notice of the application and the grounds on which the variation is sought;
(b) a copy of the documents mentioned in paragraph (2)(b);
(c) any other written details required to enable the person in relation to whom the order is made to understand and respond to the substance of the facts, matters and circumstances which will form the basis of the variation of the order.
(3A) To avoid doubt, subsections (3) and (3AA) do not require any information to be given if disclosure of that information is likely:
(a) to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004); or
(b) to be protected by public interest immunity; or
(c) to put at risk ongoing operations by law enforcement agencies or intelligence agencies; or
(d) to put at risk the safety of the community, law enforcement officers or intelligence officers.