Victorian Current Acts

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Person subject to order may apply for variation etc.

    (1)     A person who is the subject of a control order may, after 12 months after the date of the order, apply to the court that made the order for the variation, suspension or revocation of the order.

    (2)     A court to which an application is made under subsection (1) may—

        (a)     direct that from a specified date the control order

              (i)     be varied as to the kind or class of animal to which it applies; or

              (ii)     be varied in any other way as specified in the direction; or

              (iii)     be suspended as specified in the direction; or

              (iv)     be revoked as specified in the direction; or

        (b)     refuse the application.

    (3)     In deciding an application under subsection (2), the court may have regard to the following—

        (a)     the applicant's character;

        (b)     the applicant's conduct since the making of the order;

        (c)     the nature of the offence or offences under this Act on which the order was based;

        (d)     any other relevant circumstances.

    (4)     If a court under subsection (2)(a) directs that a control order be varied or refuses an application under subsection (2)(b), the applicant must not make another application under subsection (1) until 12 months after that direction or refusal.

S. 12AE inserted by No. 60/2015 s. 8.

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