Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 161ZZ

161ZZ Referral of order to court for adaptation or modification

(1) This section applies if—

(a) under section 161ZX (3) (b) , the application states an adaptation or modification that the commissioner believes is necessary for the effective operation of the corresponding control order in Queensland; or

(b) the registrar believes it is necessary for the corresponding control order to be adapted or modified for its effective operation in Queensland.

(2) The registrar must refer the corresponding control order to the court for adaptation or modification.

(3) The commissioner must give the respondent—

(a) a copy of the application for registration of the corresponding control order; and

(b) a copy of any accompanying affidavit; and

(c) an appearance notice.

(4) The application may be heard in the respondent’s absence if the court is satisfied the respondent has been given the documents mentioned in subsection (3) .

(5) However, the court may, at any time before deciding the application, direct the commissioner to give the respondent a further appearance notice.

(6) The court may amend the corresponding control order for the purposes of its registration by adapting or modifying it in a way the court considers necessary or desirable for its effective operation in Queensland.

(7) For amending the corresponding control order as mentioned in subsection (6) , the court must consider—

(a) anything the court could consider on an application under subdivision 1 for a control order; and

(b) any changes in the respondent’s circumstances since the order was made.

(8) The registrar must register the corresponding control order as amended by the court.

(9) In this section—

"appearance notice" means a notice in the approved form stating the following in relation to a corresponding control order—

(a) that an application for the registration of the order has been referred to the court;

(b) when and where the application is to be heard;

(c) that the respondent may appear at the hearing of the application in person or be represented by a lawyer;

(d) that, if the respondent fails to appear at the hearing of the application, the court may register the order, or the order as amended by the court, in the respondent’s absence.