New South Wales Consolidated Acts

SPORTING VENUES (OFFENDERS BANNING ORDERS) ACT 2005 - SECT 8

8 Revocation of banning orders

(1) If a banning order has had effect for at least two-thirds of its specified duration, the person subject to the order may apply to the court by which it was made to revoke the order.

(2) As soon as practicable after a court receives an application for the revocation of a banning order, the court is to notify:

(a) if the prosecutor in proceedings that led to the making of the banning order was a police prosecutor-the Commissioner of Police, or

(b) in any other case-the Director of Public Prosecutions.

(3) A person who is notified under subsection (2) is taken to be the respondent in the application proceedings.

(4) On the application, the court may revoke the banning order as from a specified date or refuse the application.

(5) In exercising its powers under subsection (4), the court must have regard to the following:

(a) the person’s character,

(b) the person’s conduct since the banning order was made,

(c) the nature of the offence or conduct that led to the making of the banning order,

(d) any other circumstances that appear to the court to be relevant.

(6) If an application under subsection (1) in respect of a banning order is refused, no further application in respect of the order may be made within the period of 6 months beginning on the day of the refusal.

(7) Despite section 212 of the Criminal Procedure Act 1986 , the court may award costs (including professional costs) in application proceedings at its discretion and may determine by whom, to whom and to what extent costs are to be paid in or in relation to application proceedings.

(8) An order for the payment of costs by the applicant made by a court under subsection (7) is taken to be a fine within the meaning of the Fines Act 1996 .

(9) In this section, "professional costs" means costs relating to professional expenses and disbursements (including witnesses’ expenses) in respect of proceedings before a court.