QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.135LPower of court to vary or revoke diversion order
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### sec.135L Power of court to vary or revoke diversion order
The court may, either on its own initiative or on an application by the prosecution or defendant (each the applicant ), vary or revoke the diversion order.
Before the court or applicant acts under subsection (1) , the court or applicant must advise the approved provider for the approved diversion program or counselling in which the defendant is participating of—
the court’s intention to vary or revoke the diversion order; or
the applicant’s intention to apply to the court under this section.
The court may—
continue the diversion order; or
vary the diversion order; or
revoke the diversion order.
Despite section 135J , the court may vary the diversion order to extend the period within which the defendant is required to complete the approved diversion program or counselling.
If the court revokes the diversion order, the defendant must enter a plea to the charge of the alleged offence.
s 135L ins 2024 No. 5 s 40
(sec.135L-ssec.1) The court may, either on its own initiative or on an application by the prosecution or defendant (each the applicant ), vary or revoke the diversion order.
(sec.135L-ssec.2) Before the court or applicant acts under subsection (1) , the court or applicant must advise the approved provider for the approved diversion program or counselling in which the defendant is participating of— the court’s intention to vary or revoke the diversion order; or the applicant’s intention to apply to the court under this section.
(sec.135L-ssec.3) The court may— continue the diversion order; or vary the diversion order; or revoke the diversion order.
(sec.135L-ssec.4) Despite section 135J , the court may vary the diversion order to extend the period within which the defendant is required to complete the approved diversion program or counselling.
(sec.135L-ssec.5) If the court revokes the diversion order, the defendant must enter a plea to the charge of the alleged offence.
- (a) the court’s intention to vary or revoke the diversion order; or
- (b) the applicant’s intention to apply to the court under this section.
- (a) continue the diversion order; or
- (b) vary the diversion order; or
- (c) revoke the diversion order.