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 E - Rights in respect of a control order  

SECTION 104.18   Application by the person for a revocation or variation of a control order  

(1)  
A person in relation to whom a confirmed control order is made may apply to an issuing court for the court to revoke or vary the order under section 104.20 .

(2)  
The person may make the application at any time after the order is served on the person.

(3)  
The person must give written notice of both the application and the grounds on which the revocation or variation is sought to the following persons:


(a) the Commissioner of the Australian Federal Police;


(b) if:


(i) the person in relation to whom the order is made is a resident of Queensland; or

(ii) the court will hear the application in Queensland;
the Queensland public interest monitor.

(4)  
The following persons may adduce additional evidence (including by calling witnesses or producing material), or make additional submissions, to the court in relation to the application to revoke or vary the order:


(a) the Commissioner;


(b) one or more other AFP members;


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


(d) one or more representatives of the person;


(e) if paragraph (3)(b) applies - the Queensland public interest monitor.

(5)  
Subsection (4) does not otherwise limit the power of the court to control proceedings in relation to an application to revoke or vary a confirmed control order.




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