Suspension and revocation of extended leave
164 Suspension and revocation of extended leave
S. 164(1) amended by No. 9/2023 s. 124(1).
Extended leave for a RTO resident granted under section 162 may be suspended at any time by the Authorised Program Officer, with the approval of the Secretary, if the Authorised Program Officer is satisfied on reasonable grounds that the safety of the person on leave or members of the public will be seriously endangered if leave is not suspended.
S. 164(2) amended by No. 9/2023 s. 124(2).
If extended leave is suspended, the Authorised Program Officer must—
as soon as is practicable confirm the suspension in writing to the person formerly on leave; and
subject to subsection (5), within 48 hours after the suspension—
make an application to the court that granted the leave for revocation of the leave; or
lift the suspension.
The court must hear an application referred to in subsection (2)(b)(i) as soon as possible.
On an application under subsection (2)(b)(i) the court may—
if satisfied on reasonable grounds that the safety of the RTO resident or members of the public will be seriously endangered if the suspension is not confirmed or leave is not revoked, revoke the leave; or
if not satisfied, lift the suspension.
S. 164(5) substituted by No. 9/2023 s. 124(3).
If the Authorised Program Officer is satisfied that the reason for the suspension no longer exists and the Secretary approves lifting the suspension, the Authorised Program Officer must lift the suspension immediately.
A person whose leave is suspended under this section is deemed not to have leave of absence during the period of suspension.
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