Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p106
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 106/268)
Character Range: 634875–637654

and particulars of all previous applications made under this section by or on behalf of the terrorist offender for variations of the order; and
 (d) if a report was obtained under section 105A.18D in relation to the terrorist offender for the purposes of determining whether to apply for the variation—a copy of the report.
 (4) If the applicant is the terrorist offender or a legal representative of the terrorist offender, the applicant:
 (a) may also include in the application an explanation as to why each condition that is sought to be varied or removed should be varied or removed; and
 (b) must cause a copy of the application to be served on the AFP Minister within 2 business days after the application is made.

Adducing additional evidence
 (5) The following persons may adduce additional evidence (including by calling witnesses or producing material), or make additional submissions, to the Court in relation to the application to vary the order:
 (a) the AFP Minister;
 (b) one or more AFP members;
 (c) the terrorist offender;
 (d) one or more representatives of the offender.
 (6) Subsection (5) does not otherwise limit the power of the Court to control proceedings in relation to an application to vary an extended supervision order.

105A.9C  Varying an extended supervision order or interim supervision order (other than by consent)
 (1) If an application is made in accordance with subsection 105A.9B(1A) or (1), and subsection (2), to a Supreme Court of a State or Territory to vary an extended supervision order or interim supervision order in relation to a terrorist offender, the Court may vary the order, but only if:
 (a) for an application for the order to be varied by adding or varying conditions—the Court is satisfied on the balance of probabilities that each of the conditions being added or varied is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from the unacceptable risk of the offender committing a serious Part 5.3 offence; and
 (b) for an application for the order to be varied by removing conditions—the Court is not satisfied on the balance of probabilities that each of the conditions being removed is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting the community from the unacceptable risk of the offender committing a serious Part 5.3 offence.
Note: See section 105A.9E for the terms of a varied extended supervision order or interim supervision order.
 (2) For the purposes of subsection (1), in determining whether each of the conditions to be added, varied or removed by the order is reasonably necessary, and reasonably appropriate and adapted, the Court must take into account, as a paramount consideration in all cases, the