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SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 35 Notice of variation or revocation of control order

SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 35

Notice of variation or revocation of control order

    (1)     This section applies if, as a result of a determination by either of the following, a control order is varied or revoked:

    (a)     the Supreme Court under section  32 or 2010_Acts057.html#_Ref230001535">34 ;

    (b)     the Court of Appeal under section  33 .

Note for subsection (1)

If a court mentioned in subsection (1) makes a control order (instead of varying or revoking a control order) under a section mentioned in subsection (1), section  29 applies to the order.

    (2)     The variation takes effect:

    (a)     if the controlled person is present in court when the variation is made – immediately; or

    (b)     otherwise – when the controlled person is served with notice of the variation.

    (3)     A registrar for the court must give notice of the variation or revocation to:

    (a)     if the Commissioner is not present in court when the control order is varied or revoked – the Commissioner; and

    (b)     the Attorney-General.

    (4)     If the controlled person is not present in court when the control order is varied or revoked, the Commissioner must, as soon as practicable after the variation or revocation is made, serve on the controlled person notice of the variation or revocation of the order.