Victorian Current Acts Victorian Current Acts(1) Any of the following may apply for variation of an alcohol exclusion order—
(a) the person to whom the order applies;
S. 89DG(1)(b) amended by No. 21/2015 s. 3(Sch. 1 item 47.3).
(b) a police officer.
S. 89DG(2) substituted by No. 55/2014 s. 169(2).
(2) An application under subsection (1) must be made to the Magistrates' Court if—
(a) the order was made by the County Court or the Magistrates' Court; or
S. 89DG(2)(b) amended by No. 21/2015 s. 3(Sch. 1 item 47.4).
(b) the order was made by the
Supreme Court and the Supreme Court has given a direction under
section 89DD(5).
S. 89DG(2A) inserted by No. 55/2014 s. 169(2).
(2A) For the purposes of subsection (2), the order made by the Supreme Court or County Court must be taken to have been made by the Magistrates' Court.
S. 89DG(2B) inserted by No. 55/2014 s. 169(2).
(2B) An application under subsection (1) must be made to the Supreme Court if—
(a) the order was made by the Supreme Court; and
(b) the Supreme Court has not given a direction under section 89DD(5).
(3) On an application under subsection (1), the court may vary an alcohol exclusion order, if the court—
(a) is satisfied that new facts or circumstances have arisen since the making or last variation of the order that make it appropriate for the order to be varied; and
(b) is satisfied that there is a good reason why the person to whom the order applies should, or should not, be allowed to enter specified licensed premises; and
(c) considers that it is appropriate in all the circumstances to do so.
(4) If the court varies an exclusion order under this section, it may only make any of the following variations—
(a) imposing a new exemption on an alcohol exclusion order;
(b) varying or removing an existing exemption on an alcohol exclusion order.
(5) The court must specify the date on which the alcohol exclusion order as varied takes effect.
S. 89DG(6) inserted by No. 55/2014 s. 169(3).
(6) An order of the Supreme Court or County Court that is varied by the Magistrates' Court under this section is taken for the purposes of enforcement to be an order of the Magistrates' Court.
S. 89DH inserted by No. 15/2014 s. 7.