sec.129ZQVarying or revoking civil banning order for changes in circumstances

### sec.129ZQ Varying or revoking civil banning order for changes in circumstances The following persons may apply (the applicant ) to the Magistrates Court for an order to vary or revoke a civil banning order— an authorised person; the respondent. However, the respondent may not, without the leave of the court, make the application until at least 3 months after the civil banning order is made. The application must— be in the approved form; and be accompanied by— an affidavit made by the applicant outlining why the variation or revocation mentioned in the application is necessary; and the information, or details of the information, the applicant intends to rely on for the application. Within 14 business days after the application is filed, the applicant must give a copy of the application to— if the applicant is the respondent—the authorised person; or if the applicant is an authorised person—the respondent. The authorised person and respondent are each entitled to be heard at the hearing of the application. If the respondent makes the application, subsection (3) does not prevent the respondent from producing further evidence at the hearing of the application. The court may vary or revoke a civil banning order only if the court— has had regard to— the matters mentioned in section 129ZO so far as they are relevant to the application; and whether the respondent has, without a reasonable excuse under section 129ZZ , contravened the civil banning order; and is satisfied there has been a material change in the circumstances of the respondent that justifies the variation or revocation; and considers the justice of the case requires the variation or revocation. s 129ZQ ins 2011 No. 12 s 88 (sec.129ZQ-ssec.1) The following persons may apply (the applicant ) to the Magistrates Court for an order to vary or revoke a civil banning order— an authorised person; the respondent. (sec.129ZQ-ssec.2) However, the respondent may not, without the leave of the court, make the application until at least 3 months after the civil banning order is made. (sec.129ZQ-ssec.3) The application must— be in the approved form; and be accompanied by— an affidavit made by the applicant outlining why the variation or revocation mentioned in the application is necessary; and the information, or details of the information, the applicant intends to rely on for the application. (sec.129ZQ-ssec.4) Within 14 business days after the application is filed, the applicant must give a copy of the application to— if the applicant is the respondent—the authorised person; or if the applicant is an authorised person—the respondent. (sec.129ZQ-ssec.5) The authorised person and respondent are each entitled to be heard at the hearing of the application. (sec.129ZQ-ssec.6) If the respondent makes the application, subsection (3) does not prevent the respondent from producing further evidence at the hearing of the application. (sec.129ZQ-ssec.7) The court may vary or revoke a civil banning order only if the court— has had regard to— the matters mentioned in section 129ZO so far as they are relevant to the application; and whether the respondent has, without a reasonable excuse under section 129ZZ , contravened the civil banning order; and is satisfied there has been a material change in the circumstances of the respondent that justifies the variation or revocation; and considers the justice of the case requires the variation or revocation. - (a) an authorised person; - (b) the respondent. - (a) be in the approved form; and - (b) be accompanied by— (i) an affidavit made by the applicant outlining why the variation or revocation 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 applicant outlining why the variation or revocation 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 applicant outlining why the variation or revocation 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) if the applicant is the respondent—the authorised person; or - (b) if the applicant is an authorised person—the respondent. - (a) has had regard to— (i) the matters mentioned in section 129ZO so far as they are relevant to the application; and (ii) whether the respondent has, without a reasonable excuse under section 129ZZ , contravened the civil banning order; and - (i) the matters mentioned in section 129ZO so far as they are relevant to the application; and - (ii) whether the respondent has, without a reasonable excuse under section 129ZZ , contravened the civil banning order; and - (b) is satisfied there has been a material change in the circumstances of the respondent that justifies the variation or revocation; and - (c) considers the justice of the case requires the variation or revocation. - (i) the matters mentioned in section 129ZO so far as they are relevant to the application; and - (ii) whether the respondent has, without a reasonable excuse under section 129ZZ , contravened the civil banning order; and