Northern Territory Consolidated Acts

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SERIOUS CRIME CONTROL ACT 2009 - SECT 26

Adjourned hearing

    (1)     This section applies if the Supreme Court orders an adjourned hearing for an application for a control order in relation to a person.

    (2)     At least 28 days before the date fixed for the adjourned hearing, the Commissioner must serve on the person a written notice setting out the following information:

        (a)     a statement that an application under section 24 for a control order has been made in relation to the person;

        (b)     a brief explanation of the effect of Part 4, Division 3 if a control order is made;

        (c)     the date on which, and the time at which, the adjourned hearing will be held.

    (3)     At the adjourned hearing, the Supreme Court:

        (a)     may hear evidence by or for the Commissioner and the person; and

        (b)     must determine whether there is a ground for making a control order in relation to the person, and whether it is appropriate to do so, taking into account:

            (i)     the affidavit or affidavits verifying the grounds of the application for the control order; and

            (ii)     any other evidence provided at the hearing by or for the Commissioner or the person.

    (4)     The Supreme Court may:

        (a)     if it determines there is a ground for making a control order in relation to the person and it is appropriate to do so – make a control order; or

        (b)     if it determines otherwise – dismiss the application.



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