105Determination of application for registration

105 Determination of application for registration

S. 105(1) amended by No. 37/2024 s. 61(1)(a).

(1) After hearing an application for registration of a corresponding order referred to the Court under section 102, the Court may—

S. 105(1)(a) amended by No. 37/2024 s. 61(1)(b).

(a) direct the County Court registrar to register the order—

(i) with any variations that the Court considers necessary for its effective operation in this State; or

(ii) without any variations; or

(b) determine that the order is not to be registered.

S. 105(2) substituted by No. 37/2024 s. 61(2).

(2) Before giving a direction under subsection (1), the Court must take into account any substantial change in the respondent's circumstances since the corresponding order was made.

S. 105(3) amended by No. 37/2024 s. 61(3)(a).

(3) In determining an application to register a corresponding order with variations, the Court may—

S. 105(3)(a) amended by No. 37/2024 s. 61(3)(b).

(a) vary the conditions of the order, whether or not those conditions could be imposed on a serious crime prevention order under Part 2 and whether or not those conditions are mandatory or discretionary under the law of the jurisdiction in which the order was made;

S. 105(3)(b) amended by No. 37/2024 s. 61(3)(b).

(b) specify additional conditions on the order that could be imposed on a serious crime prevention order under Part 2, whether or not those conditions could be imposed on the order under the law of the jurisdiction in which the order was made;

(c) specify conditions of the order that do not apply in this State, whether or not those conditions are mandatory or discretionary under the law of the jurisdiction in which the order was made;

(d) specify any ancillary conditions that are necessary to give effect to the order in this State.

S. 106 (Heading) amended by No. 37/2024 s. 62(1).