Document ID: chunk:federal_register_of_legislation:C2025C00132:section:20aa:p1
Version: federal_register_of_legislation:C2025C00132
Segment Type: section
Provision Reference: s 20AA (pt 1/3)
Character Range: 924807–927439

20AA  Power to discharge or vary conditions of recognizance
 (1) Where a person has entered into a recognizance in pursuance of an order made under subsection 19B(1) or 20(1), any of the following persons may apply to the court by which the order was made for the discharge of the recognizance or for a variation of its terms:
 (a) an authorized person;
 (b) the person who entered into the recognizance;
 (c) a surety for the person who entered into the recognizance;
 (d) a probation officer appointed in accordance with the order (in this section referred to as a probation officer).
 (2) Where an application is made under subsection (1) for the discharge of a recognizance, the court (whether or not constituted by the judge or magistrate who made the order in pursuance of which the recognizance was entered into) may, if it is satisfied that notice as required by subsection (5) or (6) has been given and that the conduct of the person who entered into the recognizance has been such as to make it unnecessary that he or she should remain bound by the recognizance, discharge the recognizance.
 (3) Where an application is made under subsection (1) for a variation of the terms of a recognizance, the court (whether or not constituted by the judge or magistrate who made the order in pursuance of which the recognizance was entered into) may, if it is satisfied that notice as required by subsection (5) or (6) has been given and it thinks fit to do so, vary the terms of the recognizance in all or any of the following ways:
 (a) by extending or reducing the duration of the recognizance;
 (b) by altering the conditions of the recognizance;
 (c) by inserting additional conditions in the recognizance;
 (d) by reducing any liability to make reparation or restitution, by reducing any instalment of any reparation or restitution or by reducing the amount of, or of any instalment of, any costs, compensation or penalty; or
 (e) by altering the manner in which any reparation, restitution, compensation, costs or penalty, or any instalment or any reparation, restitution, compensation, costs or penalty, is or are to be made or paid.
 (4) The court shall not extend the duration of a recognizance beyond:
 (a) in the case of a recognizance entered into in pursuance of an order made under subsection 19B(1)—the period of 3 years from the date on which the recognizance was entered into; or
 (b) in the case of a recognizance entered into in pursuance of an order made under subsection 20(1)—the period of 5 years from the date on which the recognizance was entered into.
 (5) Where an application is made under subsection (1)