means an offence against a law of a State or the Australian Capital Territory. (1AD) If a law of a State or Territory requires or permits a court or a court officer to: (a) refer a matter to a person or organisation; or (b) notify a person or organisation; or (c) provide information to a person or organisation;in relation to the enforcement or recovery of a fine imposed by the court, the law applies under subsection (1) in relation to a federal court in the same way as it applies to a court of the State or Territory. Monitoring warrant in relation to premises..................................... 3ZZOB.. (2) The regulations may specify a particular procedure to be a prescribed procedure for determining a person’s age. (a) the person is required under section 3ZZGC to attend before another person, to give information or to answer questions; and (b) the person refuses or fails to do so. (2) The Ombudsman may only give information to an authority under subsection (1) if the Ombudsman is satisfied that the giving of the information is necessary to enable the authority to perform its functions in relation to the State or Territory agency. If a person does something that, apart from this section, would be a Commonwealth offence or an offence under a law of a State or Territory, the person is not criminally responsible for the offence if: (a) the person is a Commonwealth officer; and (b) the thing is done in the course of the person’s duty; and (c) the chief officer who granted the authority has authorised the doing of the thing; and (d) if an authorised person had done the thing in accordance with an authority, the authorised person would not have been criminally responsible for the offence because of the application of section 15KQ. (a) a witness identity protection certificate for an operative (b) the certificate has not been cancelled under section 15MQ; and (c) the person engages in conduct; and (d) the conduct results in the disclosure of the operative’s identity or where the operative lives; and (e) none of the following applies: (i) the conduct is required by section 15ML; (ii) the conduct is authorised by leave or by an order under section 15MM; (iii) the conduct is permitted under section 15MR; andperson is reckless as to whether his or her conduct will (a) a witness identity protection certificate for an operative (b) the certificate has not been cancelled under section 15MQ; and (c) the person engages in conduct; and (d) the conduct results in the disclosure of the operative’s identity or where the operative lives; and (e) none of the following applies: (i) the conduct is required by section 15ML; (ii) the conduct is authorised by leave or by an order under section 15MM; (iii) the conduct is permitted under section 15MR; and (f) the person is reckless as to whether his or her conduct will: (i) prejudice any current or future investigation; or (ii) prejudice any current or future activity relating to security. (3) The request must state a reasonable period for compliance with (a) the date of the authority granted under section 15KB; and (b) details of the assumed identity authorised; and (c) details of any evidence of the assumed identity that may be acquired under the authority. 0000001510 00000 n
(10) A licence directing that the offender be released from prison is sufficient authority for the release. (3) In deciding whether to make such an order on application by an investigating official, the magistrate must be satisfied that: (a) there are reasonable grounds for the suspicion that the person has committed a Commonwealth offence; and (b) there is uncertainty as to whether or not the person is, or was, at the time of the alleged commission of the offence, under 18; and (c) the uncertainty will need to be resolved in order to determine the application of the rules governing the person’s detention, the investigation of the offence or the institution of criminal proceedings. 3 Amendment of Crimes Act 1900 No 40 The Crimes Act 1900 is amended as set out in Schedule 1. (4) Without limiting the generality of paragraph (3)(c), the conditions that may be specified in the order may include all or any of the following: (a) a condition that the person reside at an address specified in the order; (b) a condition that the person present himself or herself for such medical or psychiatric treatment as is specified in the order at such times and places as are specified in the order; (c) a condition that the person undertake such medical or mental health therapy as is specified in the order; (d) a condition that the person undertake such social, vocational or educational counselling as is specified in the order; (e) a condition that the person participate in such programs relating to financial management, behaviour modification or inter‑personal relationships as are specified in the order. (4) The fact that a person is not excused under subsection (1) from producing a document does not otherwise affect a claim of legal professional privilege that anyone may make in relation to that document. (4) The matters referred to in subparagraph (2)(c)(ii) are the following: (a) the possibility that the person has engaged, is engaging, or will engage, in a terrorist act; (b) the possibility that the person has provided, is providing, or will provide, support for a terrorist act; (c) the possibility that the person has facilitated, is facilitating, or will facilitate, a terrorist act; (d) the possibility that the person has provided, is providing, or will provide, support for the engagement in a hostile activity in a foreign country; (e) the possibility that the person has facilitated, is facilitating, or will facilitate, the engagement in a hostile activity in a foreign country; (f) the possibility that the person has contravened, is contravening, or will contravene, the control order; (g) whether allowing one or more constables to have access to the premises, and exercise the monitoring powers in relation to the premises and the powers set out in section 3ZZKF in relation to the premises, would be likely to have the least interference with any person’s liberty and privacy that is necessary in the circumstances.
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