sec.129ZFAmendment of exclusion order that restricts access for changes in personal circumstances

### sec.129ZF Amendment of exclusion order that restricts access for changes in personal circumstances This section applies if— a court makes, in relation to a person, an exclusion order that restricts the person’s use of the public transport network on the basis of particular personal circumstances of the person; and the personal circumstances have changed. A court makes an exclusion order in relation to a person that restricts the person’s use of the public transport network to only permit travel to and from a place of work, and the person’s place of work changes. The person may apply to a court of equivalent jurisdiction to the court in which the exclusion order was made for an order (an exclusion variation order ) to vary the restrictions that, under the exclusion order, apply to the person’s use of the public transport network. An application for an exclusion variation order must— be in the approved form; and be accompanied by— an affidavit made by the person outlining why the variation mentioned in the application is necessary; and the information, or details of the information, the applicant intends to rely on for the application. Subsection (3) does not prevent the applicant from producing further evidence at the hearing of the application. A court to which an application for an exclusion variation order is made may vary the restrictions applying under the exclusion order only if the court— has had regard to— the restrictions and the matters mentioned in section 129ZB ; and whether the applicant has contravened the exclusion order other than in circumstances mentioned in section 129ZG (2) ; and considers the justice of the case requires it to vary the restrictions. An exclusion variation order must state the restrictions, as varied, that are to apply to the applicant’s use of the public transport network for the remainder of the period for which the exclusion order applies in relation to the applicant. A proper officer of the court that makes an exclusion variation order in relation to a person must as soon as possible— reduce the order to writing in the approved form; and cause a copy of the order to be given or sent to each person mentioned in section 129ZE (1) (b) . Failure to comply with subsection (6) or (7) does not affect the validity of the exclusion variation order. s 129ZF ins 2008 No. 67 s 223 (sec.129ZF-ssec.1) This section applies if— a court makes, in relation to a person, an exclusion order that restricts the person’s use of the public transport network on the basis of particular personal circumstances of the person; and the personal circumstances have changed. A court makes an exclusion order in relation to a person that restricts the person’s use of the public transport network to only permit travel to and from a place of work, and the person’s place of work changes. (sec.129ZF-ssec.2) The person may apply to a court of equivalent jurisdiction to the court in which the exclusion order was made for an order (an exclusion variation order ) to vary the restrictions that, under the exclusion order, apply to the person’s use of the public transport network. (sec.129ZF-ssec.3) An application for an exclusion variation order must— be in the approved form; and be accompanied by— an affidavit made by the person outlining why the variation mentioned in the application is necessary; and the information, or details of the information, the applicant intends to rely on for the application. (sec.129ZF-ssec.4) Subsection (3) does not prevent the applicant from producing further evidence at the hearing of the application. (sec.129ZF-ssec.5) A court to which an application for an exclusion variation order is made may vary the restrictions applying under the exclusion order only if the court— has had regard to— the restrictions and the matters mentioned in section 129ZB ; and whether the applicant has contravened the exclusion order other than in circumstances mentioned in section 129ZG (2) ; and considers the justice of the case requires it to vary the restrictions. (sec.129ZF-ssec.6) An exclusion variation order must state the restrictions, as varied, that are to apply to the applicant’s use of the public transport network for the remainder of the period for which the exclusion order applies in relation to the applicant. (sec.129ZF-ssec.7) A proper officer of the court that makes an exclusion variation order in relation to a person must as soon as possible— reduce the order to writing in the approved form; and cause a copy of the order to be given or sent to each person mentioned in section 129ZE (1) (b) . (sec.129ZF-ssec.8) Failure to comply with subsection (6) or (7) does not affect the validity of the exclusion variation order. - (a) a court makes, in relation to a person, an exclusion order that restricts the person’s use of the public transport network on the basis of particular personal circumstances of the person; and - (b) the personal circumstances have changed. - (a) be in the approved form; and - (b) be accompanied by— (i) an affidavit made by the person outlining why the variation mentioned in the application is necessary; and (ii) the information, or details of the information, the applicant intends to rely on for the application. - (i) an affidavit made by the person outlining why the variation mentioned in the application is necessary; and - (ii) the information, or details of the information, the applicant intends to rely on for the application. - (i) an affidavit made by the person outlining why the variation mentioned in the application is necessary; and - (ii) the information, or details of the information, the applicant intends to rely on for the application. - (a) has had regard to— (i) the restrictions and the matters mentioned in section 129ZB ; and (ii) whether the applicant has contravened the exclusion order other than in circumstances mentioned in section 129ZG (2) ; and - (i) the restrictions and the matters mentioned in section 129ZB ; and - (ii) whether the applicant has contravened the exclusion order other than in circumstances mentioned in section 129ZG (2) ; and - (b) considers the justice of the case requires it to vary the restrictions. - (i) the restrictions and the matters mentioned in section 129ZB ; and - (ii) whether the applicant has contravened the exclusion order other than in circumstances mentioned in section 129ZG (2) ; and - (a) reduce the order to writing in the approved form; and - (b) cause a copy of the order to be given or sent to each person mentioned in section 129ZE (1) (b) .