Control orders

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.

Annual Report on Counter-Terrorism Powers

Report
The Attorney-General, as the minister responsible for the AFP, is required by sections 104.29, 105.47 and 105A.22 of the Criminal Code and section 3UJB of the Crimes Act to provide an annual report in respect of control orders, preventative detention orders and powers in relation to terrorist acts and terrorism offences made during the 2021-22 financial year.

Control orders and preventative detention orders annual reports

Report
The Home Affairs Minister, as the minister responsible for the AFP, is required by sections 104.29 and 105.47 of the Criminal Code to provide an annual report in respect of control orders and preventative detention orders made during the year.