A person can be subject to a control order if it substantially helps prevent a terrorist attack, or the person has:
- trained or participated in training with a listed terrorist organisation, or
- engaged in a hostile activity in a foreign country, or
- been convicted:
- in Australia of an offence relating to terrorism, a terrorist organisation or terrorist act, or
- overseas for an offence that would, if occurred in Australia, be a terrorism offence within the definition of the Crimes Act.
Purposes of a control order
A control order can stop a person from:
- being in certain areas or leaving Australia
- communicating or associating with certain people
- owning or using certain things
- carrying out certain activities, including work
- accessing certain forms of technology, including the internet.
A control order can require a person to:
- remain at specified premises for a maximum of 12 hours within any 24 hour period
- wear a tracking device
- report to someone at a certain time and place
- allow themselves to be photographed and fingerprinted.
A control order does not come into effect until the person subject to it is notified of the order.
A control order cannot last longer than 12 months. It cannot apply to children under 14 years old. For people aged at least 14 but under 18, it can apply for a maximum of three months.
Australia's control order system is found under Division 104 of the Criminal Code Act 1995. This department administers the Act.
Issuing a control order
Control orders must be issued by a court.
The Australian Federal Police (AFP) can apply to the court to issue a control order against someone. The AFP must have the consent of the Minister for Home Affairs.
In deciding whether to issue a control order, a court must consider the impact of each of the control order conditions on the person's circumstances. This includes their financial and personal circumstances.