Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 104 - Control orders  

Subdivision CA - Varying an interim control order  

SECTION 104.11A   Varying an interim control order  

(1)  
An application to vary an interim control order may be made to the issuing court by:


(a) the person in relation to whom the order is made; or


(b) a senior AFP member.

Note:

For example, an application may be made to vary an interim control order to reflect a change in the mobile telephone number of the person in relation to whom the order is made.

(2)  
The issuing court may vary the interim control order, but only if the court is satisfied that:


(a) written consent to the variation has been given by:


(i) if the application is made by the person in relation to whom the order is made - a senior AFP member; or

(ii) if the application is made by a senior AFP member - the person in relation to whom the order is made; and


(b) the variation does not involve adding any obligations, prohibitions or restrictions to the order; and


(c) the variation is appropriate in the circumstances.

(3)  
A variation begins to be in force when the order for the variation is made, or at a later time ordered by the issuing court.




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