Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105A - Post-sentence orders  

Subdivision CB - Varying an extended supervision order or interim supervision order  

SECTION 105A.9D   Varying extended supervision order or interim supervision order by consent  

(1)    
Any of the following persons (the applicant ) may apply to a Supreme Court of a State or Territory to vary an extended supervision order or interim supervision order in relation to a terrorist offender by varying or removing one or more conditions mentioned in section 105A.7B :

(a)    the AFP Minister or a legal representative of the AFP Minister;

(b)    the terrorist offender or a legal representative of the terrorist offender.

(2)    
The application must be made to the Court of the State or Territory where the offender resides.

Note:

See section 100.1 for the definition of reside .

(3)    
The Court may vary the order if the Court is satisfied that:

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

(i) if the applicant is the AFP Minister or a legal representative of the AFP Minister - the offender; or

(ii) if the applicant is the terrorist offender or a legal representative of the terrorist offender - the AFP Minister; and

(b)    the variation does not involve adding any conditions to the order; and

(c)    the variation is appropriate in the circumstances.