Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p107
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 107/268)
Character Range: 637403–640175

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 object of this Division (see section 105A.1).
 (3) The AFP Minister bears the onus of satisfying the Court of the matters referred to in subsection (1).

Relevant experts
 (4) The Court may appoint one or more relevant experts for the purposes of the proceedings relating to the application. If the Court does so, subsections 105A.6(4) to (7) apply in relation to the proceedings.
 (5) The AFP Minister, the offender, or a legal representative of the AFP Minister or offender, may nominate one or more relevant experts for the purposes of subsection (4).
 (6) Subsection (4) does not prevent the AFP Minister, the offender, or a legal representative of the AFP Minister or offender, from calling another relevant expert as a witness in the proceedings.

105A.9D  Varying extended supervision order or interim supervision order by consent
 (1) Any of the following persons (the applicant) may apply 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 by varying or removing one or more conditions mentioned in section 105A.7B:
 (a) the AFP Minister or a legal representative of the AFP Minister;
 (b) the terrorist offender or a legal representative of the terrorist offender.
 (2) The application must be made to the Court of the State or Territory where the offender resides.
Note: See section 100.1 for the definition of reside.
 (3) The Court may vary the order if the Court is satisfied that:
 (a) written consent to the variation has been given by:
 (i) if the applicant is the AFP Minister or a legal representative of the AFP Minister—the offender; or
 (ii) if the applicant is the terrorist offender or a legal representative of the terrorist offender—the AFP Minister; and
 (b) the variation does not involve adding any conditions to the order; and
 (c) the variation is appropriate in the circumstances.

105A.9E  Terms of a varied extended supervision order or interim supervision order
  An extended supervision order or interim supervision order in relation to a person that is varied under section 105A.9C, 105A.9D or 105A.12A must:
 (a) state that the Court is satisfied:
 (i) for a variation under subsection 105A.9C(1) or 105A.9D(3)—of the matters mentioned in that subsection; or
 (ii) for a variation under section 105A.12A—of the matters mentioned in subsection 105A.12A(1), (3) or (4) (as the case requires); and
 (b) specify the variations to the conditions that are to be made; and
 (c) state the period