34Setting aside prohibited contact orders

34 Setting aside prohibited contact orders (1) The person in relation to whom a prohibited contact order has been made, or a senior police officer, may apply to the Supreme Court for the order to be set aside. (2) However, if the police officer detaining the person under the relevant preventative detention order is satisfied that the grounds on which the prohibited contact order was made do not exist, or no longer exist, then— (a) if the officer is a senior police officer—the officer must apply to aside; and (b) if the officer is not a senior police officer—the officer must tell a senior police officer in writing and, if the senior police officer is satisfied that the grounds on which the order was made do not exist or no longer exist, the senior police officer must apply to aside. (3) On application under subsection (1), the Supreme Court— (a) must, by order, set aside the prohibited contact order if satisfied that the grounds on which the order was made do not exist or no longer exist; and (b) may, by order, set aside the prohibited contact order if satisfied that it is appropriate that the order be set aside because of— (i) new facts and circumstances that have arisen since the order was made; or (ii) facts and circumstances that were not before the court when the order was made.

Division 2.8 Preventative detention orders— carrying out