39K—Referral of application to Court for adaptation or modification
(1) This section
applies if an application for the registration of a corresponding control
order is referred to the Court under section 39J(2).
(2) The Court may vary
the corresponding control order for the purposes of its registration by
adapting or modifying it in a way the Court considers necessary or desirable
for its effective operation in the State.
(3) Nothing in
subsection (2) authorises the Court to reconsider the merits of the
corresponding control order.
(4) If this section
applies—
(a) the
Commissioner and the respondent are parties to the proceedings before the
Court relating to the application; but
(b) the
Court may, if satisfied that the application has been served on the parties,
hear and determine the proceedings whether or not the Commissioner or the
respondent choose to participate in the hearing.
(5) Before varying a
corresponding control order under this section, the Court must be satisfied
that the application for registration has been properly made under this
Division.
(6) The registrar must
register the corresponding control order as varied by the Court.