13OApplication by police for revocation or variation of preventative detention order or prohibited contact order

13O Application by police for revocation or variation of preventative detention order or prohibited contact order

S. 13O(1) amended by No. 37/2014 s. 10(Sch. item 167.12(a)(ii)).

S. 13O(1)(b) amended by No. 37/2014 s. 10(Sch. item 167.12(a)(i)).

(b) the police officer who is detaining the person under the order is satisfied that the grounds on which the order was made have ceased to exist—

the police officer must apply for the revocation of the order to the Supreme Court.

S. 13O(2) amended by Nos 37/2014 s. 10(Sch. item 167.12(a)(ii)), 70/2015 s. 8(2).

S. 13O(2)(b) amended by Nos 37/2014 s. 10(Sch. item 167.12(a)(i)), 70/2015
s. 8(1).

(b) the police officer who is detaining the person under the order is satisfied that, because of new facts or circumstances that have arisen since the making of the order, it is appropriate that the order be revoked or varied—

the police officer must apply for the revocation or variation of the order to the Supreme Court.

S. 13O(3)(b) amended by No. 37/2014 s. 10(Sch. item 167.12(b)).

(b) the Supreme Court is satisfied, on application by a police officer under subsection (1) or (2), that it is appropriate that the order be revoked or varied—

(4) To avoid doubt, if the variation applied for relates to the place or places where the person may be, must be, or must not be, detained under the preventative detention order, the Supreme Court must have regard to the requirements of section 13F(8).

S. 13O(5) amended by Nos 48/2006 s. 42(Sch. item 35.4), 32/2018 s. 79(4), 47/2021 s. 22(14).

(5) If the person in relation to whom the preventative detention order is in force is being detained in a prison or youth justice facility and the order is revoked or varied under subsection (3), the applicant for the revocation or variation must cause a copy of any order made under that subsection to be given to the Secretary as soon as practicable after it is made.

S. 13O(6) amended by No. 37/2014 s. 10(Sch. item 167.12(c)(ii)).

(6) If—

(a) a prohibited contact order is in force in relation to a person's detention under a preventative detention order; and

S. 13O(6)(b) amended by No. 37/2014 s. 10(Sch. item 167.12(c)(i)).

(b) the police officer who is detaining the person under the preventative detention order is satisfied that because of new facts or circumstances that have arisen since the making of the prohibited contact order that it is appropriate that the prohibited contact order be revoked or varied (including that the grounds on which the order was made have ceased to exist)—

the police officer must apply for the revocation or a variation of the prohibited contact order to the Supreme Court.