South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 82

82—Variation or revocation of non-association or place restriction order

        (1)         The Magistrates Court may vary or revoke a non-association order or place restriction order on application by a police officer or the defendant.

        (2)         An application for variation or revocation of a non-association order or place restriction order may only be made by the defendant with the permission of the Magistrates Court and permission is only to be granted if the Magistrates Court is satisfied there has been a substantial change in the relevant circumstances since the order was made or last varied.

        (3)         The Magistrates Court must, before varying or revoking an order under this section—

            (a)         allow all parties a reasonable opportunity to be heard on the matter; and

            (b)         have regard to the same factors that the Magistrates Court is required to have regard to in considering whether or not to make a non-association order or place restriction order and in considering the terms of such an order.



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