What is a 'control order' and what restrictions does it place on me?

In Plain English

A control order is a legal measure that places certain obligations, prohibitions, and restrictions on a person. The goal of a control order is to protect the public from terrorism, prevent support for terrorist acts, or prevent support for hostile activities in a foreign country.

A control order can't be made for anyone under 14 years of age. If you are between 14 and 17, a control order can only last for a maximum of 3 months. If you are subject to a control order, you are entitled to legal representation.

Detailed Explanation

Division 104 of the Criminal Code Act 1995 outlines the provisions for control orders. The objects of control orders are detailed in section 104.1, which are: * Protecting the public from a terrorist act * Preventing the provision of support for or the facilitation of a terrorist act * Preventing the provision of support for or the facilitation of the engagement in a hostile activity in a foreign country.

Section 104.1A clarifies that references to a terrorist act or terrorist organisation include a state terrorist act or a state sponsor of terrorism.

Subdivision B outlines the process for making an interim control order. Section 104.2 states that a senior AFP (Australian Federal Police) member needs the AFP Minister's written consent to request an interim control order. The AFP member must suspect on reasonable grounds that the order would substantially assist in preventing a terrorist act, or that the person has engaged in certain activities related to terrorism or hostile activities.

Section 104.28 outlines special rules for young people. A control order cannot be requested, made, or confirmed for a person under 14 years of age. For individuals between 14 and 17, the confirmed control order cannot be in force for more than 3 months from the day the interim control order was made. The court must appoint a lawyer for a young person (14-17) who does not have one, unless it's an ex parte proceeding for an interim control order or the person previously refused a lawyer.

Section 104.28AA states that the court must not make an order for costs against the person in relation to whom the control order is sought, unless the person has acted unreasonably in the conduct of the proceedings.