Criminal Code Act 1995

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:

the AFP Minister or a legal representative of the AFP Minister;

the terrorist offender or a legal representative of the terrorist offender.

The application must be made to the Court of the State or Territory where the offender resides.

See section 100.1 for the definition of reside.

The Court may vary the order if the Court is satisfied that:

written consent to the variation has been given by:

if the applicant is the AFP Minister or a legal representative of the AFP Minister—the offender; or

if the applicant is the terrorist offender or a legal representative of the terrorist offender—the AFP Minister; and

the variation does not involve adding any conditions to the order; and

the variation is appropriate in the circumstances.