Victorian Current Acts

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CRIMINAL ORGANISATIONS CONTROL ACT 2012 - SECT 58

Determination of application for variation or revocation—control order

    (1)     The Court may, in accordance with this section, vary or revoke a control order on an application under section 56.

    (2)     The Court may vary a control order if—

        (a)     the Court considers there has been a substantial change in circumstances since the order was made; or

        (b)     the respondent consents to the variation.

    (3)     The Court may revoke a control order that was made on the basis that the Court was satisfied of the matters set out in section 43(1), (2) or (2A) if the Court is no longer satisfied of those matters.

    (4)     The Court may revoke a control order that was made by consent in accordance with section 43(1A) if the Court is not satisfied of the matters set out in section 43(1).

    (5)     The Court may revoke a control order that was made by consent in accordance with section 43(2B) if—

        (a)     in the case of a control order that was made on the basis of section 43(2B)(a)(i) , the Court is not satisfied of the matters set out in section 43(2) ; or

        (b)     in the case of a control order that was made on the basis of section 43(2B)(a)(ii) , either—

              (i)     the individual is no longer a declared individual; or

              (ii)     the Court is not satisfied of the matters set out in section 43(2A)(b).

    (6)     The Court may revoke a control order if the respondent consents to the revocation.

Note

Section 135A specifies how consent is to be given.

S. 58A inserted by No. 55/2014 s. 81.



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