Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p105
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 105/268)
Character Range: 632444–635113

purpose of protecting the community from the unacceptable risk of the offender committing a serious Part 5.3 offence, the Minister or a legal representative of the Minister must apply to a Supreme Court of a State or Territory to vary, under section 105A.9C, the order by:
 (a) removing the condition; or
 (b) varying the condition.
Note 1: The AFP Minister or legal representative may also apply under subsection (1) for other variations of the order, including adding conditions.
Note 2: A copy of the application must be given to the offender under section 105A.14A.

Who may otherwise apply
 (1) Any of the following persons (the applicant) may (subject to subsection (1A)) apply to a Supreme Court of a State or Territory to vary, under section 105A.9C, an extended supervision order or interim supervision order in relation to a terrorist offender, by adding, 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.
Note: If the application is made by or on behalf of the AFP Minister, a copy of the application must be given to the offender under section 105A.14A.
 (2) An application under subsection (1A) or (1) must be made to the Supreme Court of the State or Territory where the offender resides.
Note: See section 100.1 for the definition of reside.

Contents of application
 (3) An application under subsection (1A) or (1) must include:
 (a) a copy of the conditions as sought to be varied; and
 (b) if the applicant is the AFP Minister or a legal representative or the AFP Minister—the following material:
 (i) an explanation as to why each condition that is sought to be added or varied should be added or varied;
 (ii) if the AFP Minister is aware of any facts relating to why any of those conditions should not be added or varied—a statement of those facts, except any facts that are likely to be protected by public interest immunity (whether the claim for public interest immunity is to be made by the AFP Minister or any other person);
 (iii) the outcomes and particulars of all previous applications made under this section (whether by or on behalf of the AFP Minister or the terrorist offender) for variations of the order; and
 (c) if the applicant is the terrorist offender or a legal representative of the terrorist offender—the outcomes 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