sec.43LAmending or revoking banning order

### sec.43L Amending or revoking banning order The following persons may apply to the court, in the approved form, to amend or revoke a banning order— a prosecutor; the offender. However, the offender can not apply until at least 6 months after the order was made. The application may be made to a court of equivalent jurisdiction to the court in which the order was made. The applicant must give a copy of the application to— if the applicant is the offender—the prosecuting authority; or if the applicant is a prosecutor—the offender. The applicant must give the copy at least 21 days before the day on which the application is to be heard. The prosecutor and offender are each entitled to be heard at the hearing of the application. A court may amend or revoke the order only if satisfied there has been a material change in the circumstances of the offender that justifies the amendment or revocation. In this section— prosecuting authority means— if the prosecutor who appeared before the court when the banning order was made was a police officer—the commissioner of the police service or someone authorised to accept the application on the commissioner’s behalf; or if the prosecutor who appeared before the court when the banning order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the application on the director’s behalf. s 43L ins 2010 No. 51 s 55 (sec.43L-ssec.1) The following persons may apply to the court, in the approved form, to amend or revoke a banning order— a prosecutor; the offender. (sec.43L-ssec.2) However, the offender can not apply until at least 6 months after the order was made. (sec.43L-ssec.3) The application may be made to a court of equivalent jurisdiction to the court in which the order was made. (sec.43L-ssec.4) The applicant must give a copy of the application to— if the applicant is the offender—the prosecuting authority; or if the applicant is a prosecutor—the offender. (sec.43L-ssec.5) The applicant must give the copy at least 21 days before the day on which the application is to be heard. (sec.43L-ssec.6) The prosecutor and offender are each entitled to be heard at the hearing of the application. (sec.43L-ssec.7) A court may amend or revoke the order only if satisfied there has been a material change in the circumstances of the offender that justifies the amendment or revocation. (sec.43L-ssec.8) In this section— prosecuting authority means— if the prosecutor who appeared before the court when the banning order was made was a police officer—the commissioner of the police service or someone authorised to accept the application on the commissioner’s behalf; or if the prosecutor who appeared before the court when the banning order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the application on the director’s behalf. - (a) a prosecutor; - (b) the offender. - (a) if the applicant is the offender—the prosecuting authority; or - (b) if the applicant is a prosecutor—the offender. - (a) if the prosecutor who appeared before the court when the banning order was made was a police officer—the commissioner of the police service or someone authorised to accept the application on the commissioner’s behalf; or - (b) if the prosecutor who appeared before the court when the banning order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the application on the director’s behalf.