46. (1) The Minister may at any time (including as part of an application under section 40) apply to the appropriate court for an order revoking, or varying the terms of, a warrant issued under section 35(1), 42(1)(a) or (b) or a committal order.

(2) A sentenced person may in writing request the Minister to bring an application under subsection (1) and the Minister shall bring the application unless, having regard to all the circumstances, he or she is satisfied that it is not necessary.

(3) The appropriate court may, upon an application under subsection (1), make an order revoking or varying the terms of a warrant or order referred to in that subsection if the court is satisfied that the revocation or variation is necessary for the purposes of the Framework Decision and this Act.