Victorian Current Acts Victorian Current Acts(1) The court may vary an interim prohibition order if satisfied on the balance of probabilities that—
(a) it is necessary to vary the order to reduce the risk that the registrable offender poses to the sexual safety of one or more persons or of children or the community generally pending a final decision about the application for a final prohibition order; or
(b) one or more conditions of the order are no longer required to reduce the risk that the registrable offender poses to the sexual safety of one or more persons or of children or the community generally pending a final determination about the application for a final prohibition order; or
(c) it is otherwise appropriate to vary the order, having regard to the registrable offender's specific needs.
(2) The court may vary a final prohibition order if it is satisfied on the balance of probabilities that—
(a) it is necessary to vary the order to reduce the risk that the registrable offender poses to the sexual safety of one or more persons, or of children or the community generally; or
(b) one or more conditions of the order are no longer required to reduce the risk that the registrable offender poses to the sexual safety of one or more persons, or of children or the community generally; or
(c) it is otherwise appropriate to vary the order, having regard to the registrable offender's specific needs.
(3) If the registrable offender is an adult, the court may vary an interim prohibition order—
(a) whether or not the registrable offender has been served with a copy of the application for the variation of the interim prohibition order; and
(b) whether or not the registrable offender is present when the interim prohibition order is varied.
(4) If the court varies a prohibition order, the court must give the registrable offender—
(a) a copy of the prohibition order as varied by the order; and
(b) a written notice that—
(i) states that an order varying the prohibition order has been made; and
S.
66ZL(4)(b)
(ii)(iii) repealed by No. 25/2017 s. 36.
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(iv) includes any other prescribed information.
(5) The written notice and copy of the prohibition order as varied by the order must—
(a) if the registrable offender is before the court, be given to the registrable offender with a copy of the order varying the prohibition order; or
(b) if the registrable offender is not before the court, be served on the registrable offender with a copy of the order varying the prohibition order.
S. 66ZM inserted by No. 21/2016 s. 8.