Commonwealth Consolidated Acts

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 99

  (1)   A suppression order may be varied or revoked:

  (a)   if the suppression order was made by a magistrate conducting a proceeding under section   83--by a magistrate in the State in which the proceeding is or was conducted; and

  (b)   if the suppression order was made by the Supreme Court of a State conducting a review under section   86--by the Court.

  (2)   A suppression order in relation to a protected person may also be varied or revoked by a magistrate or court before which the protected person has appeared or been taken for the purposes of:

  (a)   committal proceedings in relation to the offence; or

  (b)   the trial of the person for the offence.

  (3)   Subject to subsection   ( 4), a suppression order must be revoked if the ground or grounds on which the suppression order was made no longer exist.

  (4)   Even though the ground or grounds on which the suppression order was made no longer exist, the order may be continued if, at the time the order is continued, there are other grounds on which such an order might be made.

  (5)   A ground on which a suppression order is continued need not have existed when the order was made.

  (6)   The power to vary or revoke a suppression order may only be exercised on application.