99F

Variation or revocation of restraining order

In force

(1)

The

Magistrates Court may vary or revoke a restraining order on application—

(a)

in the case of a restraining order made under section 99AAC—by a parent or guardian of the child for the protection of whom the order was made; and

(b)

in any case—

(i)

by a police officer; or

(ii)

by the person for whose benefit the order was made; or

(iii)

by the defendant.

(1a)

An application for variation or revocation of a restraining order may only be made by the defendant with the permission of the Magistrates

Court and permission is only to be granted if the Magistrates Court is satisfied there has been a substantial change in the relevant circumstances since the order was made or last varied.

(3)

The

Magistrates Court must, before varying or revoking a restraining 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 Magistrates Court is required to have regard to in considering whether or not to make a restraining order and in considering the terms of a restraining order.

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