Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 161ZE

161ZE Court may amend order or remit application

(1) A court may, on an application made to it under section 161ZD for the amendment of a control order, amend the order only if the court considers—

(a) the person subject to the order can no longer reasonably comply with the order; and

(b) if the applicant is the person subject to the order, the person’s inability to comply with the order is because of a material change in the person’s circumstances since—

(i) if the order has previously been amended under this subdivision—the order was last amended; or

(ii) otherwise—the order was made; and

(c) it is reasonable in all the circumstances to amend the order.

(2) An order amending the control order takes effect when the order is made.

(3) If the application is made under section 161ZD (2) to a court of higher jurisdiction than the court that made the control order for the person, the court of higher jurisdiction may, instead of deciding the application, remit the application to the court that made the control order or a court of equivalent jurisdiction to that court.