Have you been made the subject of a control order? Are you wondering how you can have it varied or revoked?
Section 25 of the Crimes (Criminal Organisations Control) Act 2012 contains provisions relating to the variation or revocation of control orders.
It states that either the Commissioner or the subject of a control order may apply to the court to have a control order revoked.
However, if you are seeking to have a control order varied or revoked, you must satisfy the court that there has been a substantial change in circumstances since the order was made or last varied.
Courts must allow all parties a reasonable opportunity to be heard on the matter and must consider whether:
- The person is a member of a declared organisation;
- The person is a former member of a declared organisation but still takes part in the activities of that organisation
- Whether sufficient grounds exist for the variation or revocation of a control order.
If you’re seeking to have the terms of your control order varied, or to have the control order revoked, you must lodge an application in writing with the court.
You must also be prepared to give oral evidence under oath in court.
Understanding the law in relation to the varying or revocation of control orders can be a difficult exercise, however our experienced criminal defence team can assist you every step of the way.
25 Variation or revocation of control order
(1) The Court may at any time vary or revoke a control order on application:
(a) by the Commissioner, or
(b) by the person to whom it relates.
(2) An application for variation or revocation of a control order may only be made by the person to whom the order relates with the leave of the Court and leave is only to be granted if the Court is satisfied there has been a substantial change in the relevant circumstances since the order was made or last varied.
(3) The Court must, before varying or revoking a control order under this section:
(a) allow all parties a reasonable opportunity to be heard on the matter, and
(b) have regard to the same factors that the Court is required to have regard to in considering whether or not to make a control order and in considering the terms of a control order.
(4) If an application for the variation or revocation of a control order is made by the person to whom the order relates, the application must be supported by oral evidence given on oath.
(5) The Court is to give notice of the variation or revocation of a control order to the Commissioner (if the Commissioner is not present when the order is varied or revoked) and to the Attorney General.
Being made the subject of a control order can be a frustrating experience, however in certain situations you may apply to have the control order varied or revoked.
Where you wish to do so, our lawyers can assist you by preparing a persuasive application which emphasises the need to have a control order varied or revoked.
We can help you understand the application process, and present your argument persuasively in court to maximise your chances of securing your desired outcome.
Getting a control order varied or revoked is a difficult exercise which requires the expertise and skill of an experienced legal team.
Our lawyers possess an unparalleled knowledge of criminal law and are dedicated to ensuring that our clients receive the best possible result in every case.
So call us today on (02) 9261 8881 and let our criminal law specialists help you secure a positive result in your application to vary or revoke your control order.