40Application for declaration that condition is a restrictive condition

40 Application for declaration that condition is a restrictive condition (1) On the making or renewal of a supervision order, or on a review of the order or a condition of the order, the Secretary may apply to the court referred to in section 12 for a declaration under section 41. S. 40(1A) inserted by No. 45/2019 s. 5(1). (1A) An application under subsection (1) may be made at the same time as an application for the making or renewal of a supervision order or on a review of the order or a condition of the order. (2) An application under subsection (1) is commenced by filing a notice of application in accordance with the rules of court, if any. (3) As soon as practicable after an application under subsection (1) is commenced, the Secretary must serve on the eligible offender— (iii) the implications of a declaration, if made. S. 40(4) inserted by No. 45/2019 s. 5(2). (4) Despite subsections (2) and (3), an application under subsection (1) may be made by oral submission at a hearing for the making or renewal of a supervision order, or on a review of the order or a condition of the order.