(1) The amendments of section 102.1, made by Schedule 1 to the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014, do not affect the continuity of any regulations that are in force for the purposes of that section immediately before the commencement of this section.
(2) Section 104.2, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014, applies to requests for interim control orders made after the commencement of this section, where the conduct in relation to which the request is made occurs before or after that commencement.
(3) Section 104.4, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014, applies to the making of orders requested after the commencement of this section, where the conduct in relation to which the request is made occurs before or after that commencement.
(4) Sections 104.6 and 104.8, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014, apply to the making of requests after the commencement of this section, where the conduct in relation to which the request is made occurs before or after that commencement.
(4A) Section 104.23, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014, applies to variations of control orders, where the relevant interim control order is requested after that commencement.
(5) Section 105.4, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014, applies in relation to applications for preventative detention orders made after the commencement of this section.
(6) Section 105.7, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014, applies in relation to applications for initial preventative detention orders made after the commencement of this section.
(7) Section 105.8, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014, applies in relation to initial preventative detention orders made after the commencement of this section.
(8) Section 105.12, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014, applies in relation to continued preventative detention orders made after the commencement of this section, regardless of when the initial preventative detention order to which the continued order relates was made.
(9) Section 105.15, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014, applies in relation to applications for prohibited contact orders made after the commencement of this section, regardless of when the application for the preventative detention order to which the prohibited contact order relates was made.
(10) Section 105.16, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment (Foreign Fighters) Act 2014, applies in relation to applications for prohibited contact orders made after the commencement of this section, regardless of when the preventative detention order to which the prohibited contact order relates was made.
106.6 Application provisions for certain amendments in the Counter‑Terrorism Legislation Amendment Act (No. 1) 2014
(1) Section 104.1, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment Act (No. 1) 2014, applies in relation to control orders, where the relevant interim control order is requested after the commencement of this section.
(2) Sections 104.2, 104.3, 104.10 and 104.12A, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment Act (No. 1) 2014, apply to requests for interim control orders made after the commencement of this section, where the conduct in relation to which the request is made occurs before or after that commencement.
(3) Section 104.4 and subsection 104.5(1B), as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment Act (No. 1) 2014, apply to the making of orders requested after the commencement of this section, where the conduct in relation to which the request is made occurs before or after that commencement.
(4) Sections 104.6 and 104.8, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment Act (No. 1) 2014, apply to the making of requests after the commencement of this section, where the conduct in relation to which the request is made occurs before or after that commencement.
(5) Section 104.14, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment Act (No. 1) 2014, applies to confirmations of control orders, where the relevant interim control order is requested after that commencement.
(6) Sections 104.20, 104.23 and 104.24, as amended by Schedule 1 to the Counter‑Terrorism Legislation Amendment Act (No. 1) 2014, apply to variations of control orders, where the relevant interim control order is requested after that commencement.
106.7 Application provision for certain amendments in the Counter‑Terrorism Legislation Amendment Act (No. 1) 2016
(1) Division 104, as amended by Schedules 2 and 3 to the Counter‑Terrorism Legislation Amendment Act (No. 1) 2016, applies to an order made under that Division after the commencement of this section, where:
(a) the order is requested (however described) after that commencement; and
(b) the conduct in relation to which that request is made occurs before or after that commencement.
(2) Despite the amendment made by Schedule 4 to the Counter‑Terrorism Legislation Amendment Act (No. 1) 2016, Division 104 continues to apply in relation to:
(a) a request for an interim control order, where the request was made before the commencement of this section; and
(b) the making of an interim control order in response to such a request; and
(c) the making of a declaration in relation to such an interim control order; and
(d) the revocation of such an interim control order; and
(e) the confirmation of such an interim control order (with or without variation); and
(f) the making of a confirmed control order that corresponds to such an interim control order that has been so confirmed; and
(g) the revocation or variation of such a confirmed control order; and
(h) any other proceedings under that Division that are associated with, or incidental to, a matter covered by any of the above paragraphs;
as if the amendment had not been made.
(3) Section 104.29, as amended by Schedule 8 to the Counter‑Terrorism Legislation Amendment Act (No. 1) 2016, applies in relation to any year that ends on 30 June after the commencement of this section.
(4) Division 105, as amended by Schedule 5 to the Counter‑Terrorism Legislation Amendment Act (No. 1) 2016, applies in relation to an application for the following made after the commencement of this section:
(a) a preventative detention order;
(b) an initial preventative detention order;
(c) an extension of an initial preventative detention order;
(d) a continued preventative detention order;
(e) an extension of a continued preventative detention order.
106.8 Application provision for amendments in the Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016
(1) The amendments of section 104.2 made by the Criminal Code Amendment (High Risk Terrorist Offenders) Act 2016 apply in relation to any control order, whether made before or after this section commences.
(2) The amendments of subsections 104.5(1) and (1B) and section 104.12 made by that Act apply in relation to a control order if the request for the control order is made after this section commences.
(3) Subsections 104.5(1C) and (2AA), as inserted by that Act, apply in relation to any control order, whether made before or after this section commences.
(4) The amendments of section 104.17 made by that Act apply in relation to any interim control order that is declared to be void, revoked or confirmed after this section commences.
(5) The amendments of section 104.26 made by that Act apply in relation to any control order varied after this section commences.
(6) Section 104.28B, as inserted by that Act, applies in relation to the giving of documents after this section commences.
(7) Division 105A (except section 105A.23), as inserted by that Act, applies in relation to:
(a) any person who, on the day this section commences, is detained in custody and serving a sentence of imprisonment for an offence referred to in paragraph 105A.3(1)(a) of this Code; and
(b) any person who, on or after that day, begins a sentence of imprisonment for such an offence (whether the conviction for the offence occurred before, on or after that day).
(8) Section 105A.23, as inserted by that Act, applies in relation to any sentence imposed on a person after this section commences, whether the offence in relation to which the sentence is imposed was committed before or after that commencement.
(1) The amendment of subsection 104.5(1A) made by the Counter‑Terrorism Legislation Amendment Act (No. 1) 2018 (the amending Act) applies in relation to an interim control order made on or after the day (the commencement day) this section commences, including such an order that was requested before the commencement day.
Note 1: Section 104.5 deals with the terms of an interim control order.
Note 2: This section was inserted by the amending Act.
(2) Subdivision CA of Division 104 of this Act, as inserted by the amending Act, applies in relation to an interim control order made before, on or after the commencement day.
Note: Subdivision CA of Division 104 deals with the variation of an interim control order.
(3) Subsection 104.14(3A) of this Act, as inserted by the amending Act, applies in relation to proceedings for the confirmation of an interim control order:
(a) if the proceedings start on or after the commencement day; and
(b) whether the original request for the interim control order was made before, on or after the commencement day.
Note: Subsection 104.14(3A) deals with the evidentiary status in confirmation proceedings of such an original request.
(4) Section 104.28AA of this Act, as inserted by the amending Act, applies in relation to the proceedings in relation to a control order (including proceedings to vary or revoke a control order) if:
(a) the proceedings start on or after the commencement day; or
(b) the proceedings had started, but not ended, immediately before the commencement day.
Note: Section 104.28AA deals with costs in control order proceedings.
(5) Subsections 119.3(5A) and (6) of this Act, as substituted by the amending Act, apply in relation to a declaration of the Foreign Affairs Minister made under subsection 119.3(1) before, on or after the commencement day.
Note: Subsections 119.3(5A) and (6) deal with the revocation of declarations made under subsection 119.3(1).
(1) The amendments of Division 105A made by Part 1 of Schedule 2 to the Counter‑Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019 apply in relation to:
(a) any person who, on the day this section commences, is detained in custody; and
(b) any person who, on or after that day, begins a sentence of imprisonment for an offence referred to in paragraph 105A.3(1)(a) (whether the conviction for the offence occurred before, on or after that day).
(2) To avoid doubt, the amendments of Division 105A made by Part 1 of Schedule 2 to the Counter‑Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019 apply in relation to a person referred to in paragraph (1)(a) of this section whose sentence of imprisonment for an offence referred to in paragraph 105A.3(1)(a) ended before the day this section commences.
(3) The amendments of section 105A.5 made by Part 2 of Schedule 2 to the Counter‑Terrorism Legislation Amendment (2019 Measures No. 1) Act 2019 apply in relation to any application for a continuing detention order made after the commencement of this section.
106.11 Application provision for certain amendments in the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021
Amendments relating to control orders
(1) The following apply in relation to any interim control order or confirmed control order (whether in force before or after this section commences):
(a) the amendments of subsections 104.5(3), (3A) and (3B) made by Schedule 1 to the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021;
(b) sections 104.5A, 104.28C and 104.28D as inserted by that Schedule.
(1A) The amendments of section 104.27 made by Schedule 1 to the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 apply in relation to conduct occurring after this section commences.
Arrangements for electronic monitoring
(2) Section 104.28D does not affect the validity of:
(a) any agreement in relation to the electronic monitoring of persons under control orders that was in force immediately before this section commences; or
(b) any actions taken under or for the purposes of such an agreement before this section commences.
(3) The amendments of Division 105A made by Schedule 1 to the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 apply (subject to this section) in relation to:
(a) any person who, on the day this section commences, is detained in custody in a prison; and
(b) any person who, on or after that day, begins a sentence of imprisonment for an offence referred to in:
(i) paragraph 105A.3(1)(a) of this Code; or
(ii) paragraph 105A.3A(5)(d) of this Code;
(whether the conviction for the offence occurred before, on or after that day); and
(c) any person who meets the conditions in subsection 105A.3A(8) of this Code on the day this section commences.
Note: For the definition of detained in custody in a prison, see subsection 100.1(1).
(4) To avoid doubt, the amendments of Division 105A made by Schedule 1 to the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 apply in relation to a person referred to in paragraph (3)(a) or (c), or subparagraph (3)(b)(ii), of this section whose sentence of imprisonment for an offence referred to in paragraph 105A.3(1)(a) of this Code ended before the day this section commences.
Continuing applications on foot at commencement
(5) An application for:
(a) a continuing detention order or interim detention order; or
(b) a review of a continuing detention order;
made under Division 105A before this section commences that has not been finally determined at that time is taken to be an application made under that Division as amended by the Counter‑Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021.
Assessments of terrorist offenders
(6) Subsection 105A.6(5A), as in force immediately after this section commences, applies in relation to assessments undertaken after that time.
(7) Subsection 105A.6(9), as in force immediately after this section commences, applies in relation to assessments undertaken before or after that time.
Photographs and impressions of fingerprints
(8) Section 105A.7D applies in relation to photographs and impressions of fingerprints taken after this section commences.
Providing applications and material
(9) Sections 105A.14A to 105A.14D apply in relation to applications made after this section commences.
AFP Minister may direct terrorist offenders to be assessed
(10) Section 105A.18D applies in relation to any terrorist offender who is described in subsection 105A.18D(1) at the time, or any time after, this section commences.
Annual reports
(11) The amendments of section 105A.22 apply in relation to any 30 June that occurs after this section commences.
Sentencing warning
(12) Section 105A.23 applies in relation to any sentence imposed after this section commences.
Other amendments
(13) The amendments of sections 105A.11, 105A.12 and 105A.12A, and section 105A.18C, apply in relation to:
(a) any post‑sentence order that is in force when this section commences; or
(b) any post‑sentence order that is made after that time.
106.12 Application provision for certain amendments in the Counter‑Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023
(1) The amendments made by Part 1 of Schedule 4 to the Counter‑Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023 apply in relation to:
(a) regulations made before the commencement of this section that were not repealed, and did not cease to have effect, before that commencement; or
(b) regulations made on or after that commencement.
(2) The amendments made by Part 2 of Schedule 4 to the Counter‑Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023 apply in relation to a declaration made under subsection 102.1(4) of this Code on or after the commencement of this section.
(3) The amendments made by Part 3 of Schedule 4 to the Counter‑Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023 apply in relation to a de‑listing application received on or after the commencement of this section.
(4) A reference in paragraph 102.1(16)(d) of this Code to an application made under paragraph (b) of subsection 102.1(16) is taken to include a reference to an application made under paragraph 102.1(17)(b) of this Code during the 12 months ending immediately before the commencement of this section.
(5) The amendments made by Part 4 of Schedule 4 to the Counter‑Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Act 2023 apply in relation to:
(a) a legislative instrument made before the commencement of this section that was not repealed, and did not cease to have effect, before that commencement; or