124JAmendment of unlawful association notice to correct clerical errors or obvious defects

124J Amendment of unlawful association notice to correct clerical errors or obvious defects

(1) A senior police officer may amend an unlawful association notice to correct a clerical error or an obvious defect in the notice.

(2) The senior police officer must—

(a) issue an amended unlawful association notice; and

S. 124J(2)(b) substituted by No. 37/2024 s. 106(5).

(b) as soon as practicable after deciding to amend the notice, cause the amended notice to be served on the individual on whom the unlawful association notice referred to in subsection (1) was served.

S. 124J(3) amended by No. 38/2017 s. 82(2).

(3) An amended unlawful association notice must specify and include the things required under section 124F with the necessary amendments.

(4) The period of effect of an unlawful association notice does not change because of the amendments made to it under this section.

S. 124JA inserted by No. 37/2024 s. 35.

124JA Application for revocation of unlawful association notice

(1) An individual on whom an unlawful association notice is served may apply to the Chief Commissioner for revocation of the notice.

(2) On receiving an application under subsection (1), the Chief Commissioner must appoint a police officer to determine the application.

(3) A police officer appointed under subsection (2)—

(a) must not be the senior police officer who issued the unlawful association notice or have been substantially involved in the making of the decision to issue the notice; and

(b) must be of a rank that is—

(i) the same as, or above, the rank of the senior police officer who issued the notice; and

(ii) not lower than the rank of inspector.

S. 124K inserted by No. 48/2015 s. 5, substituted by No. 37/2024 s. 36.

124K Revocation of unlawful association notice

(1) On an application under section 124JA(1), the senior police officer appointed under section 124JA(2)—

(a) may revoke the unlawful association notice to which the application relates if satisfied that—

(i) there has been a substantial change in circumstances since the unlawful association notice was issued; and

(ii) because of that change, the basis for the notice having been served no longer applies; or

(b) may also revoke the unlawful association notice if satisfied that it is otherwise appropriate to do so; or

The senior police officer may be satisfied that it is appropriate to revoke the unlawful association notice on compassionate grounds, such as because the individual has a terminal illness.