Variation or revocation of BDO by police
25A Variation or revocation of BDO by police
(1) Subject to any order made under section 12, a police officer may vary or revoke a BDO made under Division 2 if satisfied:
(a) that the variation or revocation is required because of an administrative error; or
for a BDO made under section 10(1)(a):
(i) that the charge was withdrawn, dismissed or not proceeded with; or
that the banned adult was found not guilty of the offence; or
(c) for a BDO made under section 10(1)(b) – that the police DVO was revoked; or
(d) that the variation or revocation is otherwise appropriate in the circumstances.
(2) Subject to any order made under section 12, a police officer may vary or revoke an extension of a BDO made under section 24 if satisfied:
(a) that the variation or revocation is required because of an administrative error; or
for an extension made under section 24(1)(a):
(i) that the charge was withdrawn, dismissed or not proceeded with; or
that the banned adult was found not guilty of the offence; or
(c) for an extension made under section 24(1)(b) – that the police DVO was revoked; or
(d) that the variation or revocation is otherwise appropriate in the circumstances.
(3) A variation or revocation may be made on the application of the banned adult or on the police officer's own initiative.
This Act’s bill:Explanatory statementSecond reading speech
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