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Sentencing Act 1995
97EVariation of order on application
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97E Variation of order on application
(1) A person who is subject to a non-association order or place
restriction order may apply for a variation or revocation of the order.
(2) The application must be made to the court that made the order.
(3) The application must be accompanied by a copy of the order and
each previous variation made to the order.
(4) The application may be made only by leave of the court.
(5) The leave may be granted only if the court is satisfied it should
grant the leave in the interest of justice, having regard to changes in
the applicant's circumstances since the order was made or last
varied.
(6) The court may refuse to consider granting the leave if it is satisfied
the application is frivolous or vexatious.
(7) If the leave is granted:
(a) the court must give notice of the application to each party to
the proceedings in which the order was made; and
(b) the party is entitled to be heard in relation to the application.
(8) The court must deal with the application by:
(a) varying or revoking the order as the court considers
appropriate in the circumstances; or
(b) dismissing the application.
Sentencing Act 1995 74