Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 105A - Post-sentence orders
View history note
Hide history noteAny 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
(b) the variation does not involve adding any conditions to the order; and (c) the variation is appropriate in the circumstances.
(ii) if the applicant is the terrorist offender or a legal representative of the terrorist offender - the AFP Minister; and
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