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CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2012 - SECT 25 Variation or revocation of control order

CRIMES (CRIMINAL ORGANISATIONS CONTROL) ACT 2012 - SECT 25

Variation or revocation of control order

25 Variation or revocation of control order

(1) The Court may at any time vary or revoke a control order on application:
(a) by the Commissioner, or
(b) by the person to whom it relates.
(2) An application for variation or revocation of a control order may only be made by the person to whom the order relates with the leave of the Court and leave is only to be granted if the Court is satisfied there has been a substantial change in the relevant circumstances since the order was made or last varied.
(3) The Court must, before varying or revoking a control order under this section:
(a) allow all parties a reasonable opportunity to be heard on the matter, and
(b) have regard to the same factors that the Court is required to have regard to in considering whether or not to make a control order and in considering the terms of a control order.
(4) If an application for the variation or revocation of a control order is made by the person to whom the order relates, the application must be supported by oral evidence given on oath.
(5) The Court is to give notice of the variation or revocation of a control order to the Commissioner (if the Commissioner is not present when the order is varied or revoked) and to the Attorney General.