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SUMMARY OFFENCES ACT 1953 - SECT 66D

SUMMARY OFFENCES ACT 1953 - SECT 66D

66D—Application for review

        (1)         Subject to subsection (3), a recipient on whom a consorting prohibition notice has been served may, within 4 weeks after service of the notice, lodge an application with the Court for review of the notice.

        (2)         The Court may, on a review, consider the following matters:

            (a)         whether sufficient grounds exist to satisfy the Court that the notice was properly issued in accordance with section 66A(1);

            (b)         whether any person specified in the notice is a close family member of the recipient or there are otherwise good reasons why a particular person should not be so specified;

            (c)         whether the notice should specify particular circumstances in which it does not apply.

        (3)         The grounds of the review must be stated fully and in detail in the application.

        (4)         A copy of the application for review must be served by the recipient on the Commissioner personally or by registered post at least 7 days before the day appointed for conducting the review (and the Commissioner is a party to proceedings on the application).

        (5)         The Court may, on a review, confirm, vary or revoke the notice.