Criminal Code Act. Australia

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      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 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

      (c) the outcomes and particulars of all previous applications 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).