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SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 54 Notice of making, variation or rescission of public safety order by court

SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 54

Notice of making, variation or rescission of public safety order by court

    (1)     This section applies if, as a result of a determination by either of the following, a public safety order is made, varied or rescinded:

    (a)     the Court of Summary Jurisdiction under section  52 ;

    (b)     the Supreme Court under section  53 .

    (2)     The public safety order or variation of the public safety order takes effect:

    (a)     for a class order – when the order or notice of the variation is served as mentioned in subsection (4); or

    (b)     for an order other than a class order if the person to whom the order relates is present in court when the order or variation is made – immediately; or

    (c)     for an order other than a class order if the person to whom the order relates is not present in court when the order or variation is made – when the person is served with the order or notice of the variation as mentioned in subsection (5).

    (3)     If the Commissioner is not present in court when the public safety order is made, varied or rescinded, a registrar for the court must give notice of the making, variation or rescission of the order to the Commissioner.

    (4)     If a class order is made, varied or rescinded the Commissioner must, as soon as practicable, serve the order or notice of the variation or rescission under section  78 .

    (5)     If a public safety order, other than a class order, is made, varied or rescinded, and the person to whom the order relates or related is not present in court when the order is made, varied or rescinded, the Commissioner must, as soon as practicable, serve the order or notice of the variation or rescission on the person.

    (6)     In this section:

"class order" means a public safety order in relation to a class of persons.

Division 4     Offence, enforcement and related matters