South Australian Current Acts South Australian Current Acts (1) The Court may
make an order varying a control order (a "variation order") or
revoking a control order (a "revocation order") on application—
(2) An application may
only be made under subsection (1)(b) with the permission of the Court.
(4) Subject to this
section, in proceedings for the variation or revocation of a control
order—
(a) the
Commissioner and the respondent are parties to the proceedings; but
(b) in
the case of an application under subsection (1)(a), the Court may, if
satisfied that the application has been served on the respondent, hear and
determine the proceedings whether or not the respondent chooses to participate
in the hearing.
(5) The Court may make
an interim variation order if the Court is satisfied that it is appropriate to
do so in all of the circumstances.
(6) An interim
variation order—
(a) may
be made without notice to the respondent; and
(b)
remains in force until further order of the Court.
(7) In determining an
application under this section the Court may have regard to the same matters
that the Court may have regard to in determining an application for a control
order.
(8) If a
revocation order is made, or a variation order is made on application under
subsection (1)(b), the revocation or variation order has effect
immediately on the making of the order or at such later time as may be
specified by the Court in making the order.
(9) If a variation
order or interim variation order is made on application under
subsection (1)(a), the order has effect—
(a) if
the respondent or a legal representative of the respondent is present when the
variation order or interim variation order is made—on the making of the
order; or
(b)
otherwise—when the Commissioner serves the order on the respondent.
(10) Service under
subsection (9)(b) must be by personal service.