SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 52 Procedure on hearing of objection

SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 52

    (1)     This section applies to the Court of Summary Jurisdiction when hearing an objection to a public safety order.

    (2)     The objection does not affect the operation of the public safety order.

    (3)     The Court of Summary Jurisdiction:

    (a)     must consider the notice of objection; and

    (b)     may hear evidence by or for the objector and the Commissioner about the objection; and

    (c)     must determine whether there are sufficient grounds for making a public safety order and if it is appropriate to do so.

    (4)     The Court of Summary Jurisdiction must:

    (a)     if it determines there are sufficient grounds for making a public safety order and it is appropriate to do so – confirm or vary the order; or

    (b)     if it determines otherwise – rescind the order.

    (5)     If a public safety order is rescinded it is taken never to have come into effect.