Document ID: chunk:federal_register_of_legislation:C2022A00034:clause:3_74gg
Version: federal_register_of_legislation:C2022A00034
Segment Type: clause
Provision Reference: sch 3 cl 74GG
Character Range: 67659–70114

74GG  Variation or revocation of a banning order on application made by an individual

Application for variation or revocation
 (1) If a banning order has been made against an individual, the individual may apply to the Commissioner for the order to be varied or revoked.
Note: See section 74GH for the variation or revocation of a condition to which a banning order is subject.
 (2) The application must:
 (a) be made in writing; and
 (b) be in a form approved by the Commissioner; and
 (c) be accompanied by any documents or information specified by the Commissioner.

Variation or revocation of banning order
 (3) If an application is made under subsection (1) for the variation or revocation of a banning order made against an individual, the Commissioner may vary or revoke the order if satisfied it is appropriate to do so.

Notice of intention not to vary or revoke banning order
 (4) If the Commissioner proposes not to vary or revoke the banning order, the Commissioner must give the individual a written notice that:
 (a) sets out the reasons why the Commissioner is proposing not to vary or revoke the order; and
 (b) invites the individual to make submissions, in writing, to the Commissioner in relation to the matter within:
 (i) 14 days after receiving the notice; or
 (ii) if a shorter period is specified in the notice—that shorter period; and
 (c) informs the individual that the Commissioner may, after considering any submissions made by the individual, decide not to vary or revoke the order.
 (5) The Commissioner must consider any submissions made by the individual in accordance with the notice.

Notice of decision
 (6) If the Commissioner decides to vary or revoke the banning order, the Commissioner must, as soon as is practicable, give the individual a written notice that:
 (a) sets out the decision; and
 (b) sets out the reasons for the decision; and
 (c) specifies the day on which the variation or revocation takes effect; and
 (d) states how the individual may apply for reconsideration of the decision.
 (7) If the Commissioner decides not to vary or revoke the banning order, the Commissioner must, as soon as is practicable, give the individual a written notice that:
 (a) sets out the decision; and
 (b) sets out the reasons for the decision; and
 (c) states how the individual may apply for reconsideration of the decision.

Other
 (8) A variation or revocation of a banning order is not a legislative instrument.