Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.10 - Community safety orders  

Division 395 - Community safety orders  

Subdivision D - Varying a community safety supervision order  

SECTION 395.21   Varying community safety 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 a community safety supervision order in relation to a serious offender by varying or removing one or more conditions mentioned in section 395.14 :

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

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

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

Note:

See subsection 395.2(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 Immigration Minister or a legal representative of the Immigration Minister - the serious offender; or

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

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

(c)    the variation is appropriate in the circumstances.