Political News

Contents

1............ Short title............................................................................................ 1

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

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

4............ Review of anti‑terrorism laws............................................................ 4

Schedule 1—Definition of terrorist organisation etc.                                         5

Crimes (Foreign Incursions and Recruitment) Act 1978                                     5

Criminal Code Act 1995                                                                                            5

Customs Act 1901                                                                                                        9

Schedule 2—Technical amendments                                                                          10

Criminal Code Act 1995                                                                                          10

Schedule 3—Financing terrorism                                                                                 11

Criminal Code Act 1995                                                                                          11

Financial Transaction Reports Act 1988                                                             12

Schedule 4—Control orders and preventative detention orders                13

Part 1—Control orders and preventative detention orders                             13

Criminal Code Act 1995                                                                                          13

Part 2—Consequential amendments                                                                      100

Administrative Decisions (Judicial Review) Act 1977                                     100

Schedule 5—Powers to stop, question and search persons in relation to terrorist acts      101

Crimes Act 1914                                                                                                       101

Schedule 6—Power to obtain information and documents                           111

Crimes Act 1914                                                                                                       111

Schedule 7—Sedition                                                                                                        118

Crimes Act 1914                                                                                                       118

Criminal Code Act 1995                                                                                        118

Migration Act 1958                                                                                                 124

Surveillance Devices Act 2004                                                                             124

Schedule 8—Optical surveillance devices at airports and on board aircraft             125

Aviation Transport Security Act 2004                                                                 125

Schedule 9—Financial transaction reporting                                                       127

Financial Transaction Reports Act 1988                                                           127

Proceeds of Crime Act 2002                                                                                  140

Surveillance Devices Act 2004                                                                             140

Schedule 10—ASIO powers etc.                                                                                 141

Australian Security Intelligence Organisation Act 1979                                141

Customs Act 1901                                                                                                    145

Customs Administration Act 1985                                                                        146

Migration Act 1958                                                                                                 146

Anti-Terrorism Act (No. 2) 2005

No. 144, 2005

An Act to amend the law relating to terrorist acts, and for other purposes

[Assented to 14 December 2005]

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.

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.

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.

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)

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

                     (c)  the organisation directly praises the doing of a terrorist act in circumstances where there is a risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3) that the person might suffer) to engage in a terrorist act.

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);

                             (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:

                     (c)  the de‑listing application is made on the grounds that there is 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)”.

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

23  Subparagraph 203DA(1)(c)(i)

Omit “the terrorist act”, substitute “a terrorist act”.

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:

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

                     (c)  the funds will be used to facilitate or engage in more than one 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

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:

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:

                     (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

                     (c)  the Federal Magistrates Court.

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

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

                     (c)  could be used to contact another person or to operate a device remotely.

21  Subsection 100.1(1) of the Criminal Code

Insert:

senior AFP member means:

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

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

                     (c)  an AFP member of, or above, the rank of Superintendent.

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

                     (c)  the Family Court of Australia or of a State; 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.

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:

                              (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; and

                      (f)  a summary of the grounds on which the order should be made.

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).

          (3A)  To avoid doubt, paragraph (3)(f) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).

             (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)  a request:

                              (i)  that is the same as the draft request, except for the changes (if any) required by the Attorney‑General; and

                             (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

                     (c)  the court is satisfied on the balance of probabilities:

                              (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:

                     (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

                     (c)  specify all of the obligations, prohibitions and restrictions 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; and

                     (h)  set out a summary of the grounds on which the order is made.

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).

          (1A)  The day specified for the purposes of paragraph (1)(e) must be as soon as practicable, but at least 72 hours, after the order is made.

             (2)  Paragraph (1)(f) does not prevent the making of successive control orders in relation to the same person.

          (2A)  To avoid doubt, paragraph (1)(h) does not require any information to be included in the summary if disclosure of that information is likely to prejudice national security (within the meaning of the National Security Information (Criminal and Civil Proceedings) Act 2004).

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;

                     (c)  a requirement that the person remain at specified premises 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;

                      (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.

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;

                     (c)  if the Attorney‑General’s consent has been obtained before 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.

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;

                     (c)  if the Attorney‑General’s consent was not obtained before 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.

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:

                   &nb