51Interested person may make variation application

#### 51 Interested person may make variation application 51 Interested person may make variation application > > (1) An interested person may apply to a court or authorised justice for a variation of bail conditions. > > > (2) An application under this section is a variation application. > > > (3) Each of the following persons is an interested person— > > > > > (a) the accused person granted bail, > > > > > (b) the prosecutor in proceedings for the offence, > > > > > (c) the complainant for a domestic violence offence, > > > > > (d) the person for whose protection an order is or would be made, in the case of bail granted on an application for an order under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080), > > > > > (e) the Attorney General. > > > (4) A court or authorised justice may, after hearing the variation application— > > > > > (a) refuse the application, or > > > > > (b) vary the bail decision the subject of the application. > > > (5) An authorised justice may vary a bail decision only to the extent permitted by this Division. > > > (6) A court or authorised justice is not to hear a variation application made by a person other than the accused person unless satisfied that the accused person has been given reasonable notice of the application, subject to the regulations. > > > (7) A court or authorised justice is not to hear a variation application made by a person other than the prosecutor in the proceedings unless satisfied that the prosecutor has been given reasonable notice of the application, subject to the regulations. > > > (8) A court or authorised justice must not vary a bail decision on the application of a person referred to in subsection (3) (c) or (d) unless the prosecutor in the proceedings has been given a reasonable opportunity to be heard on the application. > > > (9) A court must not revoke bail on a variation application unless revocation is requested by the prosecutor in the proceedings. > > > (10) For the purposes of this section, the Commissioner of Police is, in the case of bail granted on an application for an order under the [Crimes (Domestic and Personal Violence) Act 2007](/view/html/inforce/current/act-2007-080), taken to be the prosecutor in the proceedings.