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 16 years old. For people aged at least 16 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 Attorney‑General.

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.