106GDVariation, &c., of registered external restraint order

### 106GD Variation, &c., of registered external restraint order > *\[Section 106GD Inserted by No. 21 of 1992, s. 9 \]* > > > (1)  In this section, ***prescribed person*** means – > > > > > > (a) [*\[Section 106GD Subsection (1) amended by No. 40 of 1999, Sched. 1, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#JS1@JT@tr@oc11@EN) a person who applied for the registration of an external restraint order; or > > > > > > > (b) [*\[Section 106GD Subsection (1) amended by No. 40 of 1999, Sched. 1, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#JS1@JT@tr@oc12@EN) a person for whose benefit a registered external restraint order has been made; or > > > > > > > (c) [*\[Section 106GD Subsection (1) amended by No. 40 of 1999, Sched. 1, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#JS1@JT@tr@oc13@EN) a person against whom a registered external restraint order has been made; or > > > > > > > (d) a person whom justices have granted leave to make an application under this section. > > > (2)  A prescribed person may apply to justices for one or more of the following purposes: > > > > > > (a) [*\[Section 106GD Subsection (2) amended by No. 40 of 1999, Sched. 1, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#JS1@JT@tr@oc14@EN) the variation of a registered external restraint order as it applies in this State; > > > > > > > (b) [*\[Section 106GD Subsection (2) amended by No. 40 of 1999, Sched. 1, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#JS1@JT@tr@oc15@EN) the variation of the period during which a registered external restraint order has effect in its operation in this State; > > > > > > > (c) [*\[Section 106GD Subsection (2) amended by No. 40 of 1999, Sched. 1, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#JS1@JT@tr@oc16@EN) the cancellation of the registration of a registered external restraint order. > > > (2A)  [*\[Section 106GD Subsection (2A) amended by No. 40 of 1999, Sched. 1, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#JS1@JT@tr@oc17@EN) *\[Section 106GD Subsection (2A) inserted by No. 107 of 1995, s. 8 \]*An application for the variation of a registered external restraint order as it applies in this State or the variation of the period during which such an order has effect in its operation in this State must include information of any relevant family contact order, or of any pending application for a relevant family contact order, of which the applicant is aware. > > > (3)  On receipt of an application under [subsection (2)](#GS106GD@Gs2@EN) , justices may do one or more of the acts specified in that subsection. > > > (4)  [*\[Section 106GD Subsection (4) amended by No. 40 of 1999, Sched. 1, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#JS1@JT@tr@oc18@EN) An application by a person referred to in [subsection (1)](#GS106GD@Gs1@EN) [(a)](#GS106GD@Gs1@Hpa@EN) , [(b)](#GS106GD@Gs1@Hpb@EN) or [(d)](#GS106GD@Gs1@Hpd@EN) may be heard and determined in the absence of any person against whom the registered external restraint order has been made. > > > (5)  [*\[Section 106GD Subsection (5) amended by No. 40 of 1999, Sched. 1, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#JS1@JT@tr@oc19@EN) A registered external restraint order varied under [subsection (2)](#GS106GD@Gs2@EN) [(a)](#GS106GD@Gs2@Hpa@EN) or [(b)](#GS106GD@Gs2@Hpb@EN) is registered for the period during which the order, as varied, has effect in its operation in this State. > > > (6)  [*\[Section 106GD Subsection (6) amended by No. 40 of 1999, Sched. 1, Applied:16 Jul 1999\]*](/view/html/inforce/1999-07-16/act-1999-040#JS1@JT@tr@oc20@EN) *\[Section 106GD Subsection (6) inserted by No. 107 of 1995, s. 8 \]*The provisions of [section 106B](#GS106B@EN) [(4AAB)](#GS106B@Gs4AAB@EN) and [(4AAC)](#GS106B@Gs4AAC@EN) apply to the variation of a registered external restraint order as it applies in this State or the variation of the period during which such an order has effect in its operation in this State in the same manner as they apply to the making of a restraint order.