TASIn ForceAct
Children, Young Persons and Their Families Act 1997
48Variation, revocation, suspension and end of care and protection order or interim care and protection order
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### 48 Variation, revocation, suspension and end of care and protection order or interim care and protection order
> > (1) A care and protection order or an interim care and protection order –
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> > > > (a) [*\[Section 48 Subsection (1) amended by No. 22 of 2009, s. 13, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS13@Hpa@EN) may be varied or revoked by the Court at any time on the application of the child, the Secretary or a person granted guardianship or custody by the order; and
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> > > > (ab) [*\[Section 48 Subsection (1) amended by No. 22 of 2009, s. 13, Applied:01 Aug 2009\]*](/view/html/inforce/2009-08-01/act-2009-022#GS13@Hpb@EN) may be varied or revoked by the Court on the application of a former guardian of the child or a person who was party to the application for the order, other than a person referred to in [paragraph (a)](#GS48@Gs1@Hpa@EN) , if –
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> > > > > > (i) circumstances have changed since the order was made; and
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> > > > > > (ii) the application is made with the leave of the Court; and
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> > > > (b) ceases to have effect when the child attains 18 years of age.
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> > (2) [*\[Section 48 Subsection (2) substituted by No. 64 of 2013, s. 22, Applied:28 Feb 2018\]*](/view/html/inforce/2018-02-28/act-2013-064#GS22@EN) A care and protection order under [section 42(4)(c)](#GS42@Gs4@Hpc@EN) granting guardianship of a child to a person until the child attains 18 years of age ceases to have effect on the making of a parenting order under Part VII of the *Family Law Act 1975* of the Commonwealth in respect of the child.
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> > (3) A care and protection order that has ceased to have effect under [subsection (2)](#GS48@Gs2@EN) is revived if –
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> > > > (a) the application for the parenting order or registration of a parenting plan is withdrawn; or
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> > > > (b) the order sought or registration is refused; or
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> > > > (c) the parenting order made or the parenting plan registered is not in the terms to which the Secretary and parties to the proceedings agreed.