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 104.20   Revocation or variation of a control order  

(1)  
If an application is made under section 104.18 or 104.19 in respect of a confirmed control order, the court may:


(a) revoke the order if, at the time of considering the application, the court is not satisfied as mentioned in paragraph 104.4(1)(c) ; or


(b) vary the order by removing one or more obligations, prohibitions or restrictions if, at the time of considering the application, the court is satisfied as mentioned in paragraph 104.4(1)(c) but is not satisfied as mentioned in paragraph 104.4(1)(d) ; or


(c) dismiss the application if, at the time of considering the application, the court is satisfied as mentioned in paragraphs 104.4(1)(c) and (d) .

(2)  
A revocation or variation begins to be in force when the court revokes or varies the order.

(3)  
As soon as practicable after a confirmed control order in relation to a person is revoked or varied, an AFP member must:


(a) serve the revocation or variation personally on the person; and


(b) if the person is 14 to 17 years of age - take reasonable steps to serve a copy of the revocation or variation personally on at least one parent or guardian of the person.

Note:

For the personal service of documents on a person detained in custody, see section 104.28B .




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