South Australian Consolidated Acts

SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 20

20—Variation or revocation of control order

        (1)         The Court may vary or revoke a control order on application—

            (a)         by the Commissioner; or

            (b)         by the defendant.

        (2)         An application for variation or revocation of a control order may only be made by the defendant with the permission of the Court and permission 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 variation or revocation of a control order is made by the defendant, the application must be supported by oral evidence given on oath.