ANTI-TERRORISM BILL (NO. 2) 2005

i Anti-Terrorism Bill (No. 2) 2005 No. , 2005

Contents

1 Short

title ...........................................................................................1

2 Commencement.................................................................................1

3 Schedule(s) ........................................................................................4

Review of anti-terrorism laws ...........................................................4

Schedule 1--Definition of terrorist organisation etc.

Crimes (Foreign Incursions and Recruitment) Act 1978

Criminal Code Act 1995

Customs Act 1901

Schedule 2--Technical amendments

Criminal Code Act 1995

Schedule 3--Financing terrorism

Criminal Code Act 1995

Financial Transaction Reports Act 1988

Schedule 4--Control orders and preventative detention orders

Part 1--Control orders and preventative detention orders

Criminal Code Act 1995

Part 2--Consequential amendments

Administrative Decisions (Judicial Review) Act 1977

Schedule 5--Powers to stop, question and search persons in

relation to terrorist acts

Crimes Act 1914

Schedule 6--Power to obtain information and documents

102

Crimes Act 1914

102

Schedule 7--Sedition

109

Crimes Act 1914

109

Criminal Code Act 1995

109

Migration Act 1958

115

Surveillance Devices Act 2004

115

Anti-Terrorism Bill (No. 2) 2005 No. , 2005 ii

Schedule 8--Optical surveillance devices at airports and on

board aircraft

116

Aviation Transport Security Act 2004

116

Schedule 9--Financial transaction reporting

118

Financial Transaction Reports Act 1988

118

Proceeds of Crime Act 2002

131

Surveillance Devices Act 2004

131

Schedule 10--ASIO powers etc.

132

Australian Security Intelligence Organisation Act 1979

132

Customs Act 1901

136

Customs Administration Act 1985

137

Migration Act 1958

137

Anti-Terrorism Bill (No. 2) 2005 No. , 2005 1

A Bill for an Act to amend the law relating to

terrorist acts, and for other purposes

The Parliament of Australia enacts:

1 Short title

This Act may be cited as the Anti-Terrorism Act (No. 2) 2005.

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

2 Anti-Terrorism Bill (No. 2) 2005 No. , 2005

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 to 4

and anything in

this Act not

elsewhere covered

by this table

The day on which this Act receives the

Royal Assent.

2. Schedule 1,

items 1 to 21

The day after this Act receives the Royal

Assent.

3. Schedule 1,

item 22

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day on which this Act

receives the Royal Assent, they commence

on the first day after the end of that period.

4. Schedule 1,

item 23

The day after this Act receives the Royal

Assent.

5. Schedule 2

The day on which this Act receives the

Royal Assent.

6. Schedules 3 to

The day after this Act receives the Royal

Assent.

7. Schedules 7

and 8

The 28th day after the day on which this Act

receives the Royal Assent.

8. Schedule 9,

items 1 and 2

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 12 months

beginning on the day on which this Act

receives the Royal Assent, they commence

on the first day after the end of that period.

9. Schedule 9,

items 3 and 4

The day on which this Act receives the

Royal Assent.

10. Schedule 9,

item 5

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day on which this Act

receives the Royal Assent, they commence

on the first day after the end of that period.

Anti-Terrorism Bill (No. 2) 2005 No. , 2005 3

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

11. Schedule 9,

item 6

At the same time as the provision(s) covered

by table item 8.

12. Schedule 9,

item 7

The day on which this Act receives the

Royal Assent.

13. Schedule 9,

items 8 and 9

At the same time as the provision(s) covered

by table item 8.

14. Schedule 9,

item 10

A single day to be fixed by Proclamation.

However, if any of the provision(s) do not

commence within the period of 6 months

beginning on the day on which this Act

receives the Royal Assent, they commence

on the first day after the end of that period.

15. Schedule 9,

item 11

At the same time as the provision(s) covered

by table item 10.

16. Schedule 9,

items 12 and 13

At the same time as the provision(s) covered

by table item 14.

17. Schedule 9,

items 14 and 15

At the same time as the provision(s) covered

by table item 8.

18. Schedule 9,

items 16 and 17

At the same time as the provision(s) covered

by table item 14.

19. Schedule 9,

items 18 to 24

At the same time as the provision(s) covered

by table item 8.

20. Schedule 10,

items 1 to 25

The day on which this Act receives the

Royal Assent.

21. Schedule 10,

items 26 to 28

The day after this Act receives the Royal

Assent.

22. Schedule 10,

items 29 to 32

The day on which this Act receives the

Royal Assent.

Note:

This table relates only to the provisions of this Act as originally

passed by the Parliament and assented to. It will not be expanded to

deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not

part of this Act. Information in this column may be added to or

edited in any published version of this Act.

4 Anti-Terrorism Bill (No. 2) 2005 No. , 2005

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or

repealed as set out in the applicable items in the Schedule

concerned, and any other item in a Schedule to this Act has effect

according to its terms.

4 Review of anti-terrorism laws

(1) The Council of Australian Governments agreed on 27 September

2005 that the Council would, after 5 years, review the operation of:

(a) the amendments made by Schedules 1, 3, 4 and 5; and

(b) certain State laws.

(2) If a copy of the report in relation to the review is given to the

Attorney-General, the Attorney-General must cause a copy of the

report to be laid before each House of Parliament within 15 sitting

days after the Attorney-General receives the copy of the report.

Definition of terrorist organisation etc. Schedule 1

Anti-Terrorism Bill (No. 2) 2005 No. , 2005 5

Schedule 1--Definition of terrorist

organisation etc.

Crimes (Foreign Incursions and Recruitment) Act 1978

1 Paragraph 6(7)(b)

Omit ", (c), (d) or (e)".

Criminal Code Act 1995

2 Subsection 102.1(1) of the Criminal Code

Insert:

advocate has the meaning given by subsection (1A).

3 Subsection 102.1(1) of the Criminal Code (definition of

Hamas organisation)

Repeal the definition.

4 Subsection 102.1(1) of the Criminal Code (definition of

Hizballah organisation)

Repeal the definition.

5 Subsection 102.1(1) of the Criminal Code (definition of

Lashkar-e-Tayyiba organisation)

Repeal the definition.

6 Subsection 102.1(1) of the Criminal Code (paragraph (a) of

the definition of terrorist organisation)

Omit "the terrorist act", substitute "a terrorist act".

7 Subsection 102.1(1) of the Criminal Code (paragraph (b) of

the definition of terrorist organisation)

Omit "(4)); or", substitute "(4)).".

8 Subsection 102.1(1) of the Criminal Code (paragraphs (c),

(d) and (e) of the definition of terrorist organisation)

Schedule 1 Definition of terrorist organisation etc.

6 Anti-Terrorism Bill (No. 2) 2005 No. , 2005

Repeal the paragraphs.

9 After subsection 102.1(1) of the Criminal Code

Insert:

Definition of advocates

(1A) In this Division, an organisation advocates the doing of a terrorist

act if:

(a) the organisation directly or indirectly counsels or urges the

doing of a terrorist act; or

(b) the organisation directly or indirectly provides instruction on

the doing of a terrorist act; or

10 Subsection 102.1(2) of the Criminal Code

Repeal the subsection, substitute:

Terrorist organisation regulations

(2) Before the Governor-General makes a regulation specifying an

organisation for the purposes of paragraph (b) of the definition of

terrorist organisation in this section, the Minister must be satisfied

on reasonable grounds that the organisation:

(a) is directly or indirectly engaged in, preparing, planning,

assisting in or fostering the doing of a terrorist act (whether

or not a terrorist act has occurred or will occur); or

(b) advocates the doing of a terrorist act (whether or not a

terrorist act has occurred or will occur).

11 Paragraph 102.1(4)(b) of the Criminal Code

Repeal the paragraph, substitute:

(b) the Minister ceases to be satisfied of either of the following

(as the case requires):

(i) that the organisation is directly or indirectly engaged in,

preparing, planning, assisting in or fostering the doing

of a terrorist act (whether or not a terrorist act has

occurred or will occur);

Definition of terrorist organisation etc. Schedule 1

Anti-Terrorism Bill (No. 2) 2005 No. , 2005 7

(ii) that the organisation advocates the doing of a terrorist

act (whether or not a terrorist act has occurred or will

occur);

12 Subsection 102.1(6) of the Criminal Code

Omit "section 50 of the Acts Interpretation Act 1901", substitute

"section 15 of the Legislative Instruments Act 2003".

13 Subsections 102.1(7) to (16) of the Criminal Code

Repeal the subsections.

14 Paragraph 102.1(17)(a) of the Criminal Code

Omit ", (c), (d) or (e)".

15 Paragraph 102.1(17)(b) of the Criminal Code

Omit ", (9), (10A) or (10C), as the case requires,".

16 Paragraph 102.1(17)(c) of the Criminal Code

Repeal the paragraph, substitute:

no basis for the Minister to be satisfied that the listed

organisation:

(i) is directly or indirectly engaged in, preparing, planning,

assisting in or fostering the doing of a terrorist act

(whether or not a terrorist act has occurred or will

occur); or

(ii) advocates the doing of a terrorist act (whether or not a

terrorist act has occurred or will occur);

as the case requires;

17 Subsection 102.1(18) of the Criminal Code

Omit "subsections (4), (9), (10A) and (10C)", substitute

"subsection (4)".

18 Paragraph 102.5(2)(b) of the Criminal Code

Omit ", (c), (d) or (e)".

19 Paragraph 102.8(1)(b) of the Criminal Code

Omit ", (c), (d) or (e)".

Schedule 1 Definition of terrorist organisation etc.

8 Anti-Terrorism Bill (No. 2) 2005 No. , 2005

20 Paragraph 102.8(2)(g) of the Criminal Code

Omit ", (c), (d) or (e)".

21 At the end of Division 106 of the Criminal Code

Add:

106.2 Saving--regulations made for the purposes of paragraph (a)

of the definition of terrorist organisation

(1)

If:

(a) regulations were made before commencement for the

purposes of paragraph (a) of the definition of terrorist

organisation in subsection 102.1(1), as in force before

commencement; and

(b) the regulations were in force immediately before

commencement;

the regulations continue to have effect, after commencement, as if

they had been made for the purposes of that paragraph, as in force

after commencement.

(2) In this section, commencement means the commencement of this

section.

Note:

The heading to section 106.1 of the Criminal Code is replaced by the heading

"Saving--regulations originally made for the purposes of paragraph (c) of the

definition of terrorist organisation".

22 At the end of Division 106 of the Criminal Code

Add:

106.3 Application provision

The amendments to this Code made by Schedule 1 to the

Anti-Terrorism Act 2005 apply to offences committed:

(a) before the commencement of this section (but not before the

commencement of the particular section of the Code being

amended); and

(b) after the commencement of this section.

Customs Act 1901

Schedule 2 Technical amendments

10 Anti-Terrorism Bill (No. 2) 2005 No. , 2005

Schedule 2--Technical amendments

Criminal Code Act 1995

1 Division 104 of Part 5.4 of the Criminal Code (heading)

Repeal the heading, substitute:

Division 115--Harming Australians

2 Sections in Part 5.4 of the Criminal Code

The sections in Part 5.4 of the Criminal Code are renumbered in

accordance with the following table:

Section renumbering in Part 5.4 of the Criminal Code

Item

This section...

is renumbered as...

1 104.1 115.1

2 104.2 115.2

3 104.3 115.3

4 104.4 115.4

5 104.5 115.5

6 104.6 115.6

7 104.7 115.7

8 104.8 115.8

9 104.9 115.9

Financing terrorism Schedule 3

Anti-Terrorism Bill (No. 2) 2005 No. , 2005 11

Schedule 3--Financing terrorism

Criminal Code Act 1995

1 Paragraphs 102.6(1)(a) and (2)(a) of the Criminal Code

Repeal the paragraphs, substitute:

(a) the person intentionally:

(i) receives funds from, or makes funds available to, an

organisation (whether directly or indirectly); or

(ii) collects funds for, or on behalf of, an organisation

(whether directly or indirectly); and

Note:

The heading to section 102.6 of the Criminal Code is altered by omitting "to or from"

and substituting "to, from or for".

2 Subsection 103.1(3) of the Criminal Code

Repeal the subsection.

3 At the end of Division 103 of the Criminal Code

Add:

103.2 Financing a terrorist

(1) A person commits an offence if:

(a) the person intentionally:

(i) makes funds available to another person (whether

directly or indirectly); or

(ii) collects funds for, or on behalf of, another person

(whether directly or indirectly); and

(b) the first-mentioned person is reckless as to whether the other

person will use the funds to facilitate or engage in a terrorist

act.

Penalty: Imprisonment for life.

(2) A person commits an offence under subsection (1) even if:

(a) a terrorist act does not occur; or

(b) the funds will not be used to facilitate or engage in a specific

terrorist act; or

Schedule 3 Financing terrorism

12 Anti-Terrorism Bill (No. 2) 2005 No. , 2005

terrorist act.

103.3 Extended geographical jurisdiction for offences

Section 15.4 (extended geographical jurisdiction--category D)

applies to an offence against this Division.

Financial Transaction Reports Act 1988

4 Subsection 16(6) (paragraph (a) of the definition of

financing of terrorism offence)

Repeal the paragraph, substitute:

(a) section 102.6 or Division 103 of the Criminal Code; or

Control orders and preventative detention orders Schedule 4

Control orders and preventative detention orders Part 1

Anti-Terrorism Bill (No. 2) 2005 No. , 2005 13

Schedule 4--Control orders and preventative

detention orders

Part 1--Control orders and preventative detention

orders

Criminal Code Act 1995

1 Subsection 100.1(1) of the Criminal Code

Insert:

AFP member means:

(a) a member of the Australian Federal Police (within the

meaning of the Australian Federal Police Act 1979); or

(b) a special member of the Australian Federal Police (within the

meaning of that Act).

2 Subsection 100.1(1) of the Criminal Code

Insert:

confirmed control order means an order made under

section 104.16.

3 Subsection 100.1(1) of the Criminal Code

Insert:

continued preventative detention order means an order made

under section 105.12.

4 Subsection 100.1(1) of the Criminal Code

Insert:

control order means an interim control order or a confirmed

control order.

5 Subsection 100.1(1) of the Criminal Code

Insert:

Schedule 4 Control orders and preventative detention orders

Part 1 Control orders and preventative detention orders

14 Anti-Terrorism Bill (No. 2) 2005 No. , 2005

corresponding State preventative detention law means a law of a

State or Territory that is, or particular provisions of a law of a State

or Territory that are, declared by the regulations to correspond to

Division 105 of this Act.

6 Subsection 100.1(1) of the Criminal Code

Insert:

frisk search means:

(a) a search of a person conducted by quickly running the hands

over the person's outer garments; and

(b) an examination of anything worn or carried by the person

that is conveniently and voluntarily removed by the person.

7 Subsection 100.1(1) of the Criminal Code

Insert:

identification material, in relation to a person, means prints of the

person's hands, fingers, feet or toes, recordings of the person's

voice, samples of the person's handwriting or photographs

(including video recordings) of the person, but does not include

tape recordings made for the purposes of section 23U or 23V of the

Crimes Act 1914.

8 Subsection 100.1(1) of the Criminal Code

Insert:

initial preventative detention order means an order made under

section 105.8.

9 Subsection 100.1(1) of the Criminal Code

Insert:

interim control order means an order made under section 104.4,

104.7 or 104.9.

10 Subsection 100.1(1) of the Criminal Code

Insert:

issuing authority:

Control orders and preventative detention orders Schedule 4

Control orders and preventative detention orders Part 1

Anti-Terrorism Bill (No. 2) 2005 No. , 2005 15

(a) for initial preventative detention orders--means a senior AFP

member; and

(b) for continued preventative detention orders--means a person

appointed under section 105.2.

11 Subsection 100.1(1) of the Criminal Code

Insert:

issuing court means:

(a) the Federal Court of Australia; or

(b) the Family Court of Australia; or

12 Subsection 100.1(1) of the Criminal Code

Insert:

Judge means a Judge of a court created by the Parliament.

13 Subsection 100.1(1) of the Criminal Code

Insert:

lawyer means a person enrolled as a legal practitioner of a federal

court or the Supreme Court of a State or Territory.

14 Subsection 100.1(1) of the Criminal Code

Insert:

listed terrorist organisation means an organisation that is specified

by the regulations for the purposes of paragraph (b) of the

definition of terrorist organisation in section 102.1.

15 Subsection 100.1(1) of the Criminal Code

Insert:

ordinary search means a search of a person or of articles in the

possession of a person that may include:

(a) requiring the person to remove his or her overcoat, coat or

jacket and any gloves, shoes or hat; and

(b) an examination of those items.

16 Subsection 100.1(1) of the Criminal Code

Schedule 4 Control orders and preventative detention orders

Part 1 Control orders and preventative detention orders

16 Anti-Terrorism Bill (No. 2) 2005 No. , 2005

Insert:

police officer means:

(a) an AFP member; or

(b) a member (however described) of a police force of a State or

Territory.

17 Subsection 100.1(1) of the Criminal Code

Insert:

prescribed authority has the same meaning as in Division 3 of

Part III of the Australian Security Intelligence Organisation Act

1979.

18 Subsection 100.1(1) of the Criminal Code

Insert:

preventative detention order means an order under section 105.8

or 105.12.

19 Subsection 100.1(1) of the Criminal Code

Insert:

prohibited contact order means an order made under

section 105.15 or 105.16.

20 Subsection 100.1(1) of the Criminal Code

Insert:

seizable item means anything that:

(a) would present a danger to a person; or

(b) could be used to assist a person to escape from lawful

custody; or

remotely.

21 Subsection 100.1(1) of the Criminal Code

Insert:

senior AFP member means:

(a) the Commissioner of the Australian Federal Police; or

Control orders and preventative detention orders Schedule 4

Control orders and preventative detention orders Part 1

Anti-Terrorism Bill (No. 2) 2005 No. , 2005 17

(b) a Deputy Commissioner of the Australian Federal Police; or

22 Subsection 100.1(1) of the Criminal Code

Insert:

superior court means:

(a) the High Court; or

(b) the Federal Court of Australia; or

(d) the Supreme Court of a State or Territory; or

(e) the District Court (or equivalent) of a State or Territory.

23 Subsection 100.1(1) of the Criminal Code

Insert:

tracking device means any electronic device capable of being used

to determine or monitor the location of a person or an object or the

status of an object.

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.

Schedule 4 Control orders and preventative detention orders

Part 1 Control orders and preventative detention orders

18 Anti-Terrorism Bill (No. 2) 2005 No. , 2005

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:

Control orders and preventative detention orders Schedule 4

Control orders and preventative detention orders Part 1

Anti-Terrorism Bill (No. 2) 2005 No. , 2005 19

(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.

Note 1:

An interim control order cannot be requested in relation to a person

who is under 16 years of age (see section 104.28).

Note 2:

The member might commit an offence if the draft request is false or

misleading (see sections 137.1 and 137.2).

(4) The Attorney-General's consent may be made subject to changes

being made to the draft request (including the draft of the interim

control order to be requested).

(5) To avoid doubt, a senior AFP member may seek the

Attorney-General's consent to request an interim control order in

relation to a person, even if such a request has previously been

made in relation to the person.

104.3 Requesting the court to make an interim control order

If the Attorney-General consents to the request under

section 104.2, the senior AFP member may request the interim

control order by giving an issuing court:

(a)

request:

(i) that is the same as the draft request, except for the

changes (if any) required by the Attorney-General; and

Schedule 4 Control orders and preventative detention orders

Part 1 Control orders and preventative detention orders

20 Anti-Terrorism Bill (No. 2) 2005 No. , 2005

(ii) the information in which is sworn or affirmed by the

member; and

(b) a copy of the Attorney-General's consent.

Note:

The member might commit an offence if the request is false or

misleading (see sections 137.1 and 137.2).

104.4 Making an interim control order

(1) The issuing court may make an order under this section in relation

to the person, but only if:

(a) the senior AFP member has requested it in accordance with

section 104.3; and

(b) the court has received and considered such further

information (if any) as the court requires; and

(i) that making the order would substantially assist in

preventing a terrorist act; or

(ii) that the person has provided training to, or received

training from, a listed terrorist organisation; and

(d) the court is satisfied on the balance of probabilities that each

of the obligations, prohibitions and restrictions to be imposed

on the person by the order is reasonably necessary, and

reasonably appropriate and adapted, for the purpose of

protecting the public from a terrorist act.

(2) In determining whether each of the obligations, prohibitions and

restrictions to be imposed on the person by the order is reasonably

necessary, and reasonably appropriate and adapted, the court must

take into account the impact of the obligation, prohibition or

restriction on the person's circumstances (including the person's

financial and personal circumstances).

(3) The court need not include in the order an obligation, prohibition

or restriction that was sought by the senior AFP member if the

court is not satisfied as mentioned in paragraph (1)(d) in respect of

that obligation, prohibition or restriction.

104.5 Terms of an interim control order

(1) If the issuing court makes the interim control order, the order must:

Control orders and preventative detention orders Schedule 4

Control orders and preventative detention orders Part 1

Anti-Terrorism Bill (No. 2) 2005 No. , 2005 21

(a) state that the court is satisfied of the matters mentioned in

paragraphs 104.4(1)(c) and (d); and

(b) specify the name of the person to whom the order relates; and

mentioned in subsection (3) that are to be imposed on the

person by the order; and

(d) state that the order does not begin to be in force until it is

served personally on the person; and

(e) specify a day on which the person may attend the court for

the court to:

(i) confirm (with or without variation) the interim control

order; or

(ii) declare the interim control order to be void; or

(iii) revoke the interim control order; and

(f) specify the period during which the confirmed control order

is to be in force, which must not end more than 12 months

after the day on which the interim control order is made; and

(g) state that the person's lawyer may attend a specified place in

order to obtain a copy of the interim control order.

Note 1:

An interim control order made in relation to a person must be served

on the person at least 48 hours before the day specified as mentioned

in paragraph (1)(e) (see section 104.12).

Note 2:

A confirmed control order that is made in relation to a 16- to

18-year-old 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)(f) does not prevent the making of successive control

orders in relation to the same person.

Obligations, prohibitions and restrictions

(3) The obligations, prohibitions and restrictions that the court may

impose on the person by the order are the following:

(a) a prohibition or restriction on the person being at specified

areas or places;

(b) a prohibition or restriction on the person leaving Australia;

between specified times each day, or on specified days;

(d) a requirement that the person wear a tracking device;

(e) a prohibition or restriction on the person communicating or

associating with specified individuals;

Schedule 4 Control orders and preventative detention orders

Part 1 Control orders and preventative detention orders

22 Anti-Terrorism Bill (No. 2) 2005 No. , 2005

(f) a prohibition or restriction on the person accessing or using

specified forms of telecommunication or other technology

(including the Internet);

(g) a prohibition or restriction on the person possessing or using

specified articles or substances;

(h) a prohibition or restriction on the person carrying out

specified activities (including in respect of his or her work or

occupation);

(i) a requirement that the person report to specified persons at

specified times and places;

(j) a requirement that the person allow himself or herself to be

photographed;

(k) a requirement that the person allow impressions of his or her

fingerprints to be taken;

(l) a requirement that the person participate in specified

counselling or education.

Note:

Restrictions apply to the use of photographs or impressions of

fingerprints taken as mentioned in paragraphs (3)(j) and (k) (see

section 104.22).

Communicating and associating

(4) Subsection 102.8(4) applies to paragraph (3)(e) and the person's

communication or association in the same way as that subsection

applies to section 102.8 and a person's association.

(5) This section does not affect the person's right to contact,

communicate or associate with the person's lawyer unless the

person's lawyer is a specified individual as mentioned in

paragraph (3)(e). If the person's lawyer is so specified, the person

may contact, communicate or associate with any other lawyer who

is not so specified.

Counselling and education

(6) A person is required to participate in specified counselling or

education as mentioned in paragraph (3)(l) only if the person

agrees, at the time of the counselling or education, to participate in

the counselling or education.

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Subdivision C--Making an urgent interim control order

104.6 Requesting an urgent interim control order by electronic

means

(1) A senior AFP member may request, by telephone, fax, email or

other electronic means, an issuing court to make an interim control

order in relation to a person if:

(a) the member considers it necessary to use such means because

of urgent circumstances; and

(b) the member either considers or suspects the matters

mentioned in subsection 104.2(2) on reasonable grounds.

(2) The Attorney-General's consent under section 104.2 is not required

before the request is made.

Note:

However, if the Attorney-General's consent is not obtained before the

member makes the request, the Attorney-General's consent must be

obtained within 4 hours of the member making the request (see

section 104.10).

(3) The issuing court may require communication by voice to the

extent that is practicable in the circumstances.

(4) The request must include the following:

(a) all that is required under subsection 104.2(3) in respect of an

ordinary request for an interim control order (including, if the

Attorney-General's consent has been obtained before making

the request, the changes (if any) required by the

Attorney-General);

(b) an explanation as to why the making of the interim control

order is urgent;

making the request--a copy of the Attorney-General's

consent.

Note:

The member might commit an offence if the request is false or

misleading (see sections 137.1 and 137.2).

(5) The information and the explanation included in the request must

be sworn or affirmed by the member, but do not have to be sworn

or affirmed before the request is made.

Note:

Subsection 104.7(5) requires the information and the explanation to be

sworn or affirmed within 24 hours.

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104.7 Making an urgent interim control order by electronic means

(1) Before making an order in response to a request under

section 104.6, the issuing court must:

(a) consider the information and the explanation included in the

request; and

(b) receive and consider such further information (if any) as the

court requires.

(2) If the issuing court is satisfied that an order should be made

urgently, the court may complete the same form of order that

would be made under sections 104.4 and 104.5.

Procedure after urgent interim control order is made

(3) If the issuing court makes the order, the court must inform the

senior AFP member, by telephone, fax, email or other electronic

means, of:

(a) the terms of the order; and

(b) the day on which, and the time at which, it was completed.

(4) The member must then complete a form of order in terms

substantially corresponding to those given by the issuing court,

stating on the form:

(a) the name of the court; and

(b) the day on which, and the time at which, the order was

completed.

(5) Within 24 hours of being informed under subsection (3), the

member must give or transmit the following to the issuing court:

(a) the form of order completed by the member;

(b) if the information and the explanation included in the request

were not already sworn or affirmed--that information and

explanation duly sworn or affirmed;

making the request--a copy of the Attorney-General's

consent.

(6) The issuing court must attach to the documents provided under

subsection (5) the form of order the court has completed.

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104.8 Requesting an urgent interim control order in person

(1) A senior AFP member may request, in person, an issuing court to

make an interim control order in relation to a person without first

obtaining the Attorney-General's consent under section 104.2 if:

(a) the member considers it necessary to request the order

without the consent because of urgent circumstances; and

(b) the member either considers or suspects the matters

mentioned in subsection 104.2(2) on reasonable grounds.

Note:

The Attorney-General's consent must be obtained within 4 hours of

making the request (see section 104.10).

(2) The request must include the following:

(a) all that is required under subsection 104.2(3) in respect of an

ordinary request for an interim control order (including

information that is sworn or affirmed by the member);

(b) an explanation that is sworn or affirmed as to why the

making of the interim control order without first obtaining

the Attorney-General's consent is urgent.

Note:

The member might commit an offence if the request is false or

misleading (see sections 137.1 and 137.2).

104.9 Making an urgent interim control order in person

(1) Before making an order in response to a request under

section 104.8, the issuing court must:

(a) consider the information and the explanation included in the

request; and

(b) receive and consider such further information (if any) as the

court requires.

(2) If the issuing court is satisfied that an order should be made

urgently, the court may make the same order that would be made

under sections 104.4 and 104.5.

(3) Within 24 hours of the order being made under subsection (2), the

member must:

(a) give or transmit a copy of the order to the issuing court; and

(b)

either:

(i) give or transmit a copy of the Attorney-General's

consent to request the order to the court; or

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(ii) notify the court in writing that the Attorney-General's

consent was not obtained.

Note:

Section 104.10 deals with the Attorney-General's consent.

104.10 Obtaining the Attorney-General's consent within 4 hours

(1) If the Attorney-General's consent to request an interim control

order was not first sought before making a request under

section 104.6 or 104.8, the senior AFP member who made the

request must, in accordance with subsection 104.2(3), seek that

consent within 4 hours of making the request.

(2) In any case, if the Attorney-General:

(a) refuses his or her consent to request the order; or

(b) has not given his or her consent to request the order;

within 4 hours of the request being made, the order immediately

ceases to be in force.

Note: However,

the

senior AFP member can vary the request and seek the

Attorney-General's consent to request a new interim control order in

relation to the person (see subsection 104.2(5)).

(3) If the order ceases to be in force under subsection (2), the senior

AFP member must, as soon as practicable:

(a) notify the court that the order has ceased to be in force; and

(b) if the order has been served on the person in relation to

whom it was made:

(i) annotate the order to indicate that it has ceased to be in

force; and

(ii) cause the annotated order to be served personally on the

person.

104.11 Court to assume that exercise of power not authorised by

urgent interim control order

If:

(a) it is material, in any proceedings, for a court to be satisfied

that an interim control order was duly made under

section 104.7; and

(b) the form of order completed by the relevant issuing court is

not produced in evidence;

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the first-mentioned court is to assume, unless the contrary is

proved, that the order was not duly made.

Subdivision D--Confirming an interim control order

104.12 Service, explanation and notification of an interim control

order

Service and explanation of an interim control order

(1) As soon as practicable after an interim control order is made in

relation to a person, and at least 48 hours before the day specified

as mentioned in paragraph 104.5(1)(e), an AFP member:

(a) must serve personally on the person:

(i) the order; and

(ii) a summary of the grounds on which the order is made;

and

(b) must inform the person of the following:

(i) the effect of the order;

(ii) the period for which the order (if confirmed) is in force;

(iii) the effect of sections 104.13, 104.14, 104.18 and 104.27

(and section 104.22 if appropriate); and

provided under paragraph (b) (taking into account the

person's age, language skills, mental capacity and any other

relevant factor).

(2) To avoid doubt, subparagraph (1)(a)(ii) does not require any

information to be included in the summary if the disclosure of that

information is likely to prejudice national security (within the

meaning of the National Security Information (Criminal and Civil

Proceedings) Act 2004).

(3) Paragraphs (1)(b) and (c) do not apply if the actions of the person

in relation to whom the interim control order has been made make

it impracticable for the AFP member to comply with those

paragraphs.

(4) A failure to comply with paragraph (1)(c) does not make the

control order ineffective to any extent.

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Notifying the Queensland public interest monitor of an interim

control order

(5)

If:

(a) the person in relation to whom the interim control order is

made is a resident of Queensland; or

(b) the issuing court that made the interim control order did so in

Queensland;

an AFP member must give to the Queensland public interest

monitor written notice of:

relation to the person; and

(d) the day specified as mentioned in paragraph 104.5(1)(e); and

(e) the name of the court that made the order.

104.13 Lawyer may request a copy of an interim control order

(1) A lawyer of the person in relation to whom an interim control order

is made may attend the place specified in the order as mentioned in

paragraph 104.5(1)(g) in order to obtain:

(a) a copy of the order; and

(b) a copy of the summary of the grounds on which the order is

made.

(2) This section does not:

(a) require more than one person to give the lawyer a copy of the

order or summary; or

(b) entitle the lawyer to request or be given a copy of, or see, a

document other than the order and summary.

104.14 Confirming an interim control order

Who may adduce evidence or make submissions

(1) On the day specified as mentioned in paragraph 104.5(1)(e), the

following persons may adduce evidence (including by calling

witnesses or producing material), or make submissions, to the

issuing court in relation to the confirmation of an interim control

order:

(a) the senior AFP member who requested the interim control

order;

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(b) one or more other AFP members;

made;

(d) one or more representatives of the person;

(e)

if:

(i) the person is a resident of Queensland; or

(ii) the court made the interim control order in Queensland;

the Queensland public interest monitor (unless the monitor is

already a representative of the person).

(2) Subsection (1) does not otherwise limit the power of the court to

control proceedings in relation to the confirmation of an interim

control order.

(3) Before taking action under this section, the court must consider:

(a) the original request for the interim control order; and

(b) any evidence adduced, and any submissions made, under

subsection (1) in respect of the order.

Failure of person or representative to attend

(4) The court may confirm the order without variation if:

(a) the person in relation to whom the order is made, or a

representative of the person, fails to attend the court on the

specified day; and

(b) the court is satisfied on the balance of probabilities that the

order was properly served on the person.

Attendance of person or representative

(5) The court may take the action mentioned in subsection (6) or (7) if

the person in relation to whom the order is made, or a

representative of the person, attends the court on the specified day.

(6) The court may declare, in writing, the order to be void if the court

is satisfied that, at the time of making the order, there were no

grounds on which to make the order.

(7) Otherwise, the court may:

(a) revoke the order if, at the time of confirming the order, the

court is not satisfied as mentioned in paragraph 104.4(1)(c);

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(b) confirm and vary the order by removing one or more

obligations, prohibitions or restrictions if, at the time of

confirming the order, 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

confirming the order, the court is satisfied as mentioned in

paragraphs 104.4(1)(c) and (d).

Note:

If the court confirms the interim control order, the court must make a

new order under section 104.16.

104.15 When a declaration, or a revocation, variation or

confirmation of a control order, is in force

(1) If the court declares the interim control order to be void under

section 104.14, the order is taken never to have been in force.

(2) If the court revokes the interim control order under section 104.14,

the order ceases to be in force when the court revokes the order.

(3) If the court confirms the interim control order (with or without

variation) under section 104.14 then:

(a) the interim control order ceases to be in force; and

(b) the confirmed control order begins to be in force;

when the court makes a corresponding order under section 104.16.

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

mentioned in subsection 104.5(3) that are to be imposed 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

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(e) states that the person's lawyer may attend a specified place in

order to obtain a copy of the confirmed control order.

Note:

A confirmed control order that is made in relation to a 16- to

18-year-old must not end more than 3 months after the day on which

the interim control order was 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

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 serve the declaration, the

revocation or the confirmed control order personally on the person.

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

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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;

(d) one or more representatives of the person;

(e) if paragraph (3)(b) applies--the Queensland public interest

monitor (unless the monitor is a representative of the person).

(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 obligations, prohibitions or restrictions, if the

Commissioner is satisfied that those obligations, prohibitions

or restrictions 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.

(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:

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(a)

the

Commissioner;

(b) one or more other AFP members;

(d) one or more representatives of the person;

(e) if paragraph (2)(b) applies--the Queensland public interest

monitor (unless the monitor is a representative of the person).

(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

(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 obligations,

prohibitions or restrictions 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

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) An AFP member must serve the revocation or variation personally

on the person as soon as practicable after a confirmed control order

is revoked or varied.

104.21 Lawyer may request a copy of a control order

(1) If a control order is 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) a copy of the varied order; and

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(b) if the order is varied under section 104.24--a copy of the

summary of the grounds on which the additional obligations,

prohibitions and restrictions have been imposed on the

person.

(2) This section does not:

(a) require more than one person to give the lawyer a copy of the

order or summary; or

(b) entitle the lawyer to request or be given a copy of, or see, a

document other than the order and summary.

104.22 Treatment of photographs and impressions of fingerprints

(1) A photograph, or an impression of fingerprints, taken as mentioned

in paragraph 104.5(3)(j) or (k) must only be used for the purpose of

ensuring compliance with the relevant control order.

(2)

If:

(a) a period of 12 months elapses after the control order ceases

to be in force; and

(b) proceedings in respect of the control order have not been

brought, or have been brought and discontinued or

completed, within that period;

the photograph or the impression must be destroyed as soon as

practicable after the end of that period.

(3) A person commits an offence if:

(a) the person engages in conduct; and

(b) the conduct contravenes subsection (1).

Penalty: Imprisonment for 2 years.

Subdivision F--Adding obligations, prohibitions or restrictions

to a control order

104.23 Application by the AFP Commissioner for addition of

obligations, prohibitions or restrictions

(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

obligations, prohibitions or restrictions mentioned in subsection

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104.5(3) to the order, if the Commissioner considers on reasonable

grounds that the varied control order in the terms to be sought

would substantially assist in preventing a terrorist act.

(2) The Commissioner must cause the court to be given:

(a) a copy of the additional obligations, prohibitions and

restrictions to be imposed on the person by the order; and

(b)

the

following:

(i) an explanation as to why each of those obligations,

prohibitions and restrictions should be imposed on the

person; and

(ii) if the Commissioner 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

under this section for variations of the order; and

(d) information (if any) that the Commissioner has about the

person's age.

Note 1:

A control order cannot be made in relation to a person who is under 16

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) The Commissioner must cause written notice of both the

application and the grounds on which the 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.

(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;

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(d) one or more representatives of the person;

(e) if paragraph (3)(b) applies--the Queensland public interest

monitor (unless the monitor is a representative of the person).

(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.

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 obligations, prohibitions and restrictions to

be imposed on the person by the order is reasonably

necessary, and reasonably appropriate and adapted, for the

purpose of protecting the public from a terrorist act.

(2) In determining whether each of the additional obligations,

prohibitions and restrictions to be imposed on the person by the

order is reasonably necessary, and reasonably appropriate and

adapted, the court must take into account the impact of the

obligation, prohibition or restriction on the person's circumstances

(including the person's financial and personal circumstances).

(3) The court need not include in the order an obligation, prohibition

or restriction that was sought if the court is not satisfied as

mentioned in paragraph (1)(b) in respect of that obligation,

prohibition or restriction.

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 obligations, prohibitions and restrictions that

are to be imposed on the person by the varied order; and

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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 personally on the person:

(i) the varied order; and

(ii) a summary of the grounds on which the additional

obligations, prohibitions and restrictions have been

imposed on the person; and

(b) must inform the person that the order has been varied to

impose additional obligations, prohibitions and restrictions;

and

(i) the effect of the additional obligations, prohibitions and

restrictions;

(ii) the effect of sections 104.18, 104.21 and 104.27 (and

section 104.22 if appropriate); 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).

(2) To avoid doubt, subparagraph (1)(a)(ii) does not require

information to be included in the summary if the disclosure of the

information is likely to prejudice national security (within the

meaning of the National Security Information (Criminal and Civil

Proceedings) Act 2004).

(3) Paragraphs (1)(c) and (d) do not apply if the actions of the person

in relation to whom the interim control order has been made make

it 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.

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Subdivision G--Contravening a control order

104.27 Offence for contravening a control order

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.

Penalty: Imprisonment for 5 years.

Subdivision H--Miscellaneous

104.28 Special rules for young people

Rule for persons under 16

(1) A control order cannot be requested, made or confirmed in relation

to a person who is under 16 years of age.

Rule for persons who are at least 16 but under 18

(2) If an issuing court is satisfied that a person in relation to whom an

interim control order is being made or confirmed is at least 16 but

under 18, 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.

104.29 Reporting requirements

(1) The Attorney-General must, as soon as practicable after each

30 June, cause to be prepared a report about the operation of this

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;

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(b) the number of control orders confirmed under section 104.14;

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 any complaints relating to control orders made

or referred to:

(i) the Commonwealth Ombudsman; or

(ii) the Internal Investigation Division of the Australian

Federal Police.

(3) The Attorney-General 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 Attorney-General of declarations,

revocations or variations

The Commissioner must cause:

(a) the Attorney-General 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 Attorney-General 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.

Schedule 4 Control orders and preventative detention orders

Part 1 Control orders and preventative detention orders

40 Anti-Terrorism Bill (No. 2) 2005 No. , 2005

104.32 Sunset provision

(1) A control order that is in force at the end of 10 years after the day

on which this Division commences ceases to be in force at that

time.

(2) A control order cannot be requested, made or confirmed after the

end of 10 years after the day on which this Division commences.

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 an imminent terrorist act 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.

105.2 Issuing authorities for continued preventative detention orders

(1) The Minister 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; 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; or

(e) a person who:

(i) holds an appointment to the Administrative Appeals

Tribunal as President or Deputy President; and

(ii) is enrolled as a legal practitioner of a federal court or of

the Supreme Court of a State or Territory; and

Control orders and preventative detention orders Schedule 4

Control orders and preventative detention orders Part 1

Anti-Terrorism Bill (No. 2) 2005 No. , 2005 41

(iii) has been enrolled for at least 5 years.

(2) The Minister 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

If:

(a) a number of police officers are detaining, or involved in the

detention of, a person under a preventative detention order at

a particular time; and

(b) an obligation is expressed in this Division to be imposed on

the police officer detaining the person;

the obligation is imposed at that time on:

AFP member; or

(d) if those police officers include 2 or more AFP members--the

most senior of those AFP members; or

(e) if those police officers do not include an AFP member--the

most senior of those police officers.

Note:

Commonwealth of Australia Bills

ANTI-TERRORISM BILL (NO. 2) 2005