Document ID: chunk:federal_register_of_legislation:C2006C00754:clause:4_24:p12
Version: federal_register_of_legislation:C2006C00754
Segment Type: clause
Provision Reference: sch 4 cl 24 (pt 12/58)
Character Range: 54364–57110

to revoke or vary the order under section 104.20.

 (2) The person may make the application at any time after the order is served on the person.

 (3) The person must give written notice of both the application and the grounds on which the revocation or variation is sought to the following persons:
 (a) the Commissioner of the Australian Federal Police;
 (b) if:
 (i) the person in relation to whom the order is made is a resident of Queensland; or
 (ii) the court will hear the application in Queensland;
  the Queensland public interest monitor.

 (4) 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 revoke or vary the order:
 (a) the Commissioner;
 (b) one or more other AFP members;
 (c) the person in relation to whom the order is made;
 (d) one or more representatives of the person;
 (e) if paragraph (3)(b) applies—the Queensland public interest monitor (unless the monitor is a representative of the person).

 (5) Subsection (4) does not otherwise limit the power of the court to control proceedings in relation to an application to revoke or vary a confirmed control order.

104.19  Application by the AFP Commissioner for a revocation or variation of a control order

 (1) While a confirmed control order is in force, the Commissioner of the Australian Federal Police must cause an application to be made to an issuing court:
 (a) to revoke the order, under section 104.20, if the Commissioner is satisfied that the grounds on which the order was confirmed have ceased to exist; and
 (b) to vary the order, under that section, by removing one or more obligations, prohibitions or restrictions, if the Commissioner is satisfied that those obligations, prohibitions or restrictions should no longer be imposed on the person.

 (2) The Commissioner must cause written notice of both the application and the grounds on which the revocation or variation is sought to be given to the following persons:
 (a) the person in relation to whom the order is made;
 (b) if:
 (i) the person in relation to whom the order is made is a resident of Queensland; or
 (ii) the court will hear the application in Queensland;
  the Queensland public interest monitor.

 (3) 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 revoke or vary the order:
 (a) the Commissioner;
 (b) one or more other AFP members;
 (c) the person in relation to whom the order is made;
 (d) one or more representatives of the person;
 (e) if paragraph (2)(b) applies—the Queensland public interest