(iii) if the person is a resident of Queensland, or the court made the order in Queensland — give the Queensland public interest monitor a copy of the annotated order and the notification.
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 copy of the order.
(2) This section does not:
(a) require more than one person to give the lawyer a copy of the order; or
(b) entitle the lawyer to request, be given a copy of, or see, a document other than the order.
104.14 Confirming an interim control order
Who may adduce evidence or make submissions
(1) If an election has been made to confirm an interim control order, then, 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 the order:
(a) the senior AFP member who requested the interim control order;
(b) one or more other AFP members;
(c) the person in relation to whom the interim control order is 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 etc. to attend
(4) The court may confirm the order without variation if:
(a) none of the following persons attend the court on the specified day:
(i) the person in relation to whom the order is made;
(ii) a representative of the person;
(iii) if the person is a resident of Queensland, or the court made the order in Queensland — the Queensland public interest monitor; and
(b) the court is satisfied on the balance of probabilities that the order was properly served on the person in relation to whom the order is made.
Attendance of person or representative etc.
(5) The court may take the action mentioned in subsection (6) or (7) if any of the following persons attend the court on the specified day:
(a) the person in relation to whom the order is made;
(b) a representative of the person;
(c) if the person is a resident of Queensland, or the court made the order in Queensland — the Queensland public interest monitor.
(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); or
(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
(c) confirm the order without variation if, at the time of 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
(c) specifies all of the obligations, prohibitions and restrictions 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
(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)