Terrorism (High Risk Offenders) Act 2017
48Detention order may be varied or revoked
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48 Detention order may be varied or revoked
48 Detention order may be varied or revoked
(1) The Supreme Court may at any time vary or revoke a continuing detention order, interim detention order or emergency detention order on the application of the State or the eligible offender to whom it applies.
(2) The period of an order must not be varied so that the period is greater than that otherwise permitted under this Part.
(3) Without limiting the grounds for revoking a continuing detention order, interim detention order or emergency detention order, the Supreme Court may revoke a continuing detention order, interim detention order or emergency detention order if satisfied that circumstances have changed sufficiently to render the order unnecessary.
(4) For the purpose of ascertaining whether to make an application under this section in relation to a continuing detention order, both the Commissioner of Corrective Services and the Commissioner of Police must provide the Attorney General with a report on the eligible offender at intervals of not more than 12 months.
(5) A report must indicate whether the Commissioner concerned considers the continuation of the continuing detention order to be necessary and appropriate.