108Supreme Court may vary or revoke direction

108 Supreme Court may vary or revoke direction (1) A public body or public officer may, at any time, apply to the Supreme Court to vary or revoke a direction given to the body or officer under section 107.

Independent Commissioner Against Corruption Act 2017 84 (2) On an application, the Supreme Court may, by order, do any of the following if satisfied as mentioned in subsection (3): (a) vary the direction; (b) revoke the direction; (c) revoke the direction and substitute a direction the ICAC could have given under section 107. (3) The Supreme Court must be satisfied that: (a) non-compliance with the direction is urgently required to take action to prevent substantial harm to a person or to essential public interests; or (b) both of the following apply: (i) non-compliance with the direction is reasonable to perform the essential functions of the public body or public officer; (ii) the public body or public officer has taken reasonable steps to minimise the risk of retaliation to a person or to protect a person who may be at risk of retaliation. (4) If the Supreme Court substitutes a direction under subsection (2)(c), the new direction is taken to be a direction by the ICAC under section 107.