Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_95:p5
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 95 (pt 5/5)
Character Range: 83055–85175

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 during which the order, as varied, is in force; and
 (d) state that the offender's lawyer may request a copy of the order.