The fact that information of a kind mentioned in this subsection is not required to be disclosed does not imply that such information is required to be disclosed in other provisions of this Part that relate to the disclosure of information.
(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 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 vary a confirmed control order.
(6) In subsection (1), a reference to a terrorist act includes:
(a) a reference to a terrorist act that does not occur; and
(b) a reference to a specific terrorist act; and
(c) a reference to more than one terrorist act.
104.24 Varying a control order
(1) If an application is made under section 104.23, the issuing court may vary the control order, but only if:
(a) an application has been made in accordance with section 104.23; and
(b) the court is satisfied on the balance of probabilities that each of the additional conditions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, for the purpose of:
(i) protecting the public from a terrorist act; or
(ii) preventing the provision of support for or the facilitation of a terrorist act; or
(iii) preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.
(2) For the purposes of paragraph (1)(b), in determining whether each of the additional conditions to be imposed on the person by the order is reasonably necessary, and reasonably appropriate and adapted, the court must take into account:
(a) as a paramount consideration in all cases—the objects of this Division (see section 104.1); and
(b) as a primary consideration in the case where the person is 14 to 17 years of age—the best interests of the person; and
(c) as an additional consideration in all cases—the impact of the condition on the person’s circumstances (including the person’s financial and personal circumstances).
(2A) In determining what is in the best interests of the person for the purposes of paragraph (2)(b), the court must take into account the matters referred to in subsection 104.4(2A).
(4) In paragraph (1)(b), a reference to a terrorist act includes:
(a) a reference to a terrorist act that does not occur; and
(b) a reference to a specific terrorist act; and
(c) a reference to more than one terrorist act.
104.25 Terms of a varied control order
If the issuing court varies the control order under section 104.24, the following must be included in the order:
(a) a statement that the court is satisfied of the matter mentioned in paragraph 104.24(1)(b); and
(b) the additional conditions that are to be imposed on the person by the varied order; and
(c) a statement that the variation of the order does not begin to be in force until the varied order is served personally on the person; and
(d) a statement that the person’s lawyer may attend a specified place in order to obtain a copy of the varied order.
104.26 Service and explanation of a varied control order
(1) As soon as practicable after a control order is varied under section 104.24, an AFP member:
(a) must serve the varied order personally on the person; and
(b) must inform the person that the order has been varied to impose additional conditions; and
(c) must inform the person of the following:
(i) the effect of the additional conditions;
(ii) the effect of sections 104.18, 104.21 and 104.27 (and section 104.5C if appropriate);
(iii) that the person may have appeal and review rights in relation to the decision of the issuing court to vary the order;
(iv) the person’s right to apply under section 104.18 for an order revoking or varying the order;
(v) 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
(d) must ensure that the person understands the information provided under paragraph (c) (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.
(3) Paragraphs (1)(c) and (d) do not apply if the actions of the person in relation to whom the control order has been made make it impracticable for the AFP member to comply with those paragraphs.
(3A) Paragraphs (1)(b), (c) and (d) do not apply if the person in relation to whom the control order has been made is detained in custody and it is impracticable for the AFP member to comply with those paragraphs.
(4) A failure to comply with paragraph (1)(d) does not make the control order ineffective to any extent.
If person is 14 to 17
(5) As soon as practicable after a control order in relation to a person who is 14 to 17 years of age is varied under section 104.24, an AFP member must take reasonable steps to serve a copy of the varied order personally on at least one parent or guardian of the person.
Subdivision G—Offences relating to control orders
104.27 Offence for contravening a control order
(1) A person commits an offence if:
(a) a control order is in force in relation to the person; and
(b) the person contravenes the order.
Note: A court that is sentencing a person who has been convicted of an offence against this section may be required to warn the person about continuing detention orders and extended supervision orders (see section 105A.23).
Penalty: Imprisonment for 5 years.
(2) Subsection (1) does not apply if the person contravenes the order because the person is detained in non‑prison custody.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
104.27A Offence relating to monitoring devices
(1) A person commits an offence if:
(a) a control order is in force in relation to the person; and
(b) the control order requires the person to wear a monitoring device; and
(c) the person engages in conduct; and
(d) the conduct results in interference with, or disruption or loss of, a function of the monitoring device or any related monitoring equipment.
Note: A court that is sentencing a person who has been convicted of an offence against this subsection may be required to warn the person about continuing detention orders and extended supervision orders (see section 105A.23).
Penalty: Imprisonment for 5 years.
(2) A person (the perpetrator) commits an offence if:
(a) the perpetrator knows that, or is reckless as to whether, a control order is in force in relation to another person; and
(b) the perpetrator knows that, or is reckless as to whether, the control order requires the other person to wear a monitoring device; and
(c) the perpetrator engages in conduct; and
(d) the conduct results in interference with, or disruption or loss of, a function of the monitoring device or any related monitoring equipment.
Penalty: Imprisonment for 5 years.
Subdivision H—Special rules for young people (14 to 17)
104.28 Special rules for young people
Rule for people under 14
(1) A control order cannot be requested, made or confirmed in relation to a person who is under 14 years of age.
Rule for people 14 to 17
(2) If an issuing court is satisfied that a person in relation to whom an interim control order is being made or confirmed is 14 to 17 years of age, the period during which the confirmed control order is to be in force must not end more than 3 months after the day on which the interim control order is made by the court.
(3) Subsection (2) does not prevent the making of successive control orders in relation to the same person.
Young person’s right to legal representation
(4) If an issuing court is satisfied, in proceedings relating to a control order, that:
(a) the person to whom the control order relates, or the person in relation to whom the control order is requested, is at least 14 but under 18; and
(b) the person does not have a lawyer acting in relation to the proceedings;
the court must appoint a lawyer to act for the person in relation to the proceedings.
(5) However, the issuing court is not required to appoint a lawyer if:
(a) the proceedings are ex parte proceedings relating to a request for an interim control order; or
(b) the person refused a lawyer previously appointed under subsection (4) during proceedings relating to:
(i) the control order; or
(ii) if the control order is a confirmed control order—the interim control order that was confirmed.
(6) The regulations may provide in relation to the appointing of lawyers under subsection (4) (including in relation to lawyers appointed under that subsection).
Subdivision I—Miscellaneous
104.28A Interlocutory proceedings
(1) Proceedings in relation to a request under section 104.3, 104.6 or 104.8 to make an interim control order are taken to be interlocutory proceedings for all purposes (including for the purpose of section 75 of the Evidence Act 1995).
(2) The following proceedings are taken not to be interlocutory proceedings for any purpose (including for the purpose of section 75 of the Evidence Act 1995):
(a) proceedings in relation to the confirmation under section 104.14 of an interim control order;
(b) proceedings in relation to an application under section 104.18, 104.19 or 104.23 to revoke or vary a confirmed control order.
104.28AA Costs in control order proceedings
(1) In proceedings in relation to a control order (including proceedings to vary or revoke a control order), an issuing court must not make an order for costs against the person in relation to whom the control order is sought (or has been made).
(2) However, subsection (1) does not apply to the extent that the court is satisfied that the person has acted unreasonably in the conduct of the proceedings.
104.28B Giving documents to persons detained in custody
(1) A document that is required under this Division to be given to a person (the detainee) personally who is detained in custody is taken to have been given to the detainee at the time referred to in paragraph (3)(b) if the document is given to the following person (the recipient):
(a) the legal representative of the detainee;
(b) if the detainee does not have a legal representative—the chief executive officer (however described) of the prison or other facility in which the person is detained, or a delegate of the chief executive officer.
Note: The obligation to inform the detainee of the matters referred to in paragraphs 104.12(1)(b), 104.17(1)(b) and 104.26(1)(b) and (c) might not apply if it is impracticable for an AFP member to comply with the obligation (see subsections 104.12(3A), 104.17(2A) and 104.26(3A)).
(2) The recipient must, as soon as reasonably practicable, give the document to the detainee personally.
(3) Once the recipient has done so, the recipient must notify the Court and the person who gave the recipient the document, in writing:
(a) that the document has been given to the detainee; and
(b) of the day that document was so given.
104.28C Sharing information relating to electronic monitoring
(1) An AFP member may disclose information (including personal information), to a person employed or engaged by a body covered by an arrangement under subsection 104.28D(1), for the purpose of facilitating:
(a) the performance of functions and the exercise of powers relating to the electronic monitoring of persons who are subject to a requirement imposed in accordance with paragraph 104.5A(2)(d); or
(b) the performance of any other functions or the exercise of any other powers relating to section 104.5D.
(2) A person (the first person) employed or engaged by a body covered by an arrangement under subsection 104.28D(1) may disclose information (including personal information) to another person if the first person reasonably believes that the disclosure is authorised by the arrangement.
(3) This section applies despite any other law of the Commonwealth, a State or a Territory (whether written or unwritten).
104.28D Arrangements for electronic monitoring and other functions and powers
(1) The Commissioner of the Australian Federal Police may make an arrangement with a State or Territory, or any other body, for:
(a) the performance of functions and the exercise of powers relating to the electronic monitoring of persons who are subject to a requirement imposed in accordance with paragraph 104.5(3)(d); or
(b) the performance of any other functions or the exercise of any other powers relating to section 104.5D.
(2) Without limiting subsection (1), for the purposes of section 104.28C, the arrangement may authorise a person employed or engaged by a body covered by the arrangement to disclose information (including personal information).
(3) The Commissioner of the Australian Federal Police may, in writing, delegate to a senior AFP member the Commissioner’s powers under subsection (1).
104.29 Reporting requirements
(1) The AFP Minister must, as soon as practicable after each 30 June, cause to be prepared a report about the operation of this Division, Division 5 of Part IAAB of the Crimes Act 1914 (monitoring warrants), and the rest of that Part to the extent that it relates to that Division, during the year ended on that 30 June.
(2) Without limiting subsection (1), a report relating to a year must include the following matters:
(a) the number of interim control orders made under:
(i) section 104.4; and
(ii) section 104.7; and
(iii) section 104.9;
(aa) the number of interim control orders in respect of which an election was made under section 104.12A not to confirm the order;
(b) the number of control orders confirmed under section 104.14;
(c) the number of control orders declared to be void under section 104.14;
(d) the number of control orders revoked under sections 104.14 and 104.20;
(e) the number of control orders varied under sections 104.14, 104.20 and 104.24;
(f) particulars of:
(i) any complaints made or referred to the Commonwealth Ombudsman that related to control orders; and
(ii) any information given under section 40SA of the Australian Federal Police Act 1979 that related to control orders and raised an AFP conduct or practices issue (within the meaning of that Act);
(g) the number of monitoring warrants issued under Division 5 of Part IAAB of the Crimes Act 1914;
(h) the number of such warrants executed under that Division;
(i) the report prepared by the Ombudsman under subsection 3ZZUH(1) of the Crimes Act 1914;
(j) for control orders relating to people who are 14 to 17 years of age—the matters referred to in paragraphs (a) to (i) in so far as those matters specifically relate to those control orders.
(3) The AFP Minister must cause copies of the report to be laid before each House of the Parliament within 15 sitting days of that House after the report is completed.
104.30 Requirement to notify AFP Minister of declarations, revocations or variations
The Commissioner must cause:
(a) the AFP Minister to be notified in writing if:
(i) a control order is declared to be void under section 104.14; or
(ii) a control order is revoked under section 104.14 or 104.20; or
(iii) a control order is varied under section 104.14, 104.20 or 104.24; and
(b) the AFP Minister to be given a copy of the varied order (if appropriate).
104.31 Queensland public interest monitor functions and powers not affected
This Division does not affect a function or power that the Queensland public interest monitor, or a Queensland deputy public interest monitor, has under a law of Queensland.
104.32 Sunset provision
(1) A control order that is in force at the end of 7 December 2026 ceases to be in force at that time.
(2) A control order cannot be requested, made or confirmed after 7 December 2026.
Division 105—Preventative detention orders
Subdivision A—Preliminary
105.1 Object
The object of this Division is to allow a person to be taken into custody and detained for a short period of time in order to:
(a) prevent a terrorist act that is capable of being carried out, and could occur, within the next 14 days from occurring; or
(b) preserve evidence of, or relating to, a recent terrorist act.
Note: Section 105.42 provides that, while a person is being detained under a preventative detention order, the person may only be questioned for very limited purposes.
105.1A State terrorist acts
(1) A reference in this Division to a terrorist act includes a reference to a state terrorist act.
(2) Section 100.4, to the extent it relates to this Division, does not apply in relation to a terrorist act that is a state terrorist act.
105.2 Issuing authorities for continued preventative detention orders
(1) The Attorney‑General may, by writing, appoint as an issuing authority for continued preventative detention orders:
(a) a person who is a judge of a State or Territory Supreme Court; or
(b) a person who is a Judge of the Federal Court of Australia; or
(d) a person who:
(i) has served as a judge in one or more superior courts for a period of 5 years; and
(ii) no longer holds a commission as a judge of a superior court.
(2) The Attorney‑General must not appoint a person unless:
(a) the person has, by writing, consented to being appointed; and
(b) the consent is in force.
105.3 Police officer detaining person under a preventative detention order