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Terrorism (Emergency Powers) Act 2003
21TApplication by police officer for revocation or variation of
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21T Application by police officer for revocation or variation of
preventative detention order or prohibited contact order
(1) If:
(b) the nominated police officer in relation to the order is satisfied
the grounds on which the order was made have ceased to
exist,
the officer must apply to the Supreme Court for the revocation of
the order.
(2) If:
(b) the nominated police officer in relation to the order is satisfied,
because of new facts or circumstances that have arisen since
the making of the order, it is appropriate that the order be
varied,
the officer must apply to the Court for a variation of the order.
Terrorism (Emergency Powers) Act 2003 35
(3) If:
(b) the Court is satisfied, on application by a police officer under
subsection (1) or (2), it is appropriate that the order be
revoked or varied,
the Court must, by order, revoke or vary the order.
(4) If the person in relation to whom a preventative detention order is in
force is being detained in the custody of the Commissioner of
Correctional Services or CEO (Youth Justice) and the order is
revoked or varied under subsection (3), the applicant for the
revocation or variation must give a copy of the order made under
the subsection to the Commissioner or CEO (Youth Justice), as the
case may be, as soon as practicable after it is made.
(5) If:
(a) a prohibited contact order is in force in relation to a person's
(b) the nominated police officer in relation to the preventative
detention order is satisfied, because of new facts or
circumstances that have arisen since the making of the
prohibited contact order, 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 officer must apply to the Court for the revocation or a variation
of the prohibited contact order.
(a) a prohibited contact order is in force in relation to a person's
(b) the Court is satisfied, on application by a police officer under
subsection (5), it is appropriate that the prohibited contact
order be revoked or varied,
the Court must, by order, revoke or vary the prohibited contact
(7) If the person in relation to whose detention under a preventative
detention order a prohibited contact order is in force is being
detained in the custody of the Commissioner of Correctional
Services or CEO (Youth Justice) and the prohibited contact order is
Terrorism (Emergency Powers) Act 2003 36
revoked or varied under subsection (6), the applicant for the
revocation or variation must give a copy of the order made under
the subsection to the Commissioner or CEO (Youth Justice), as the
case may be, as soon as practicable after it is made.
(8) A person in relation to whom a preventative detention order is in
force may make representations to the nominated police officer in
relation to the order with a view to having the order, or a prohibited
contact order that is in force in relation to the person's detention
under the preventative detention order, revoked or varied under this