53YNotice of application for intimate image disposal order and entitlement to appear

53Y Notice of application for intimate image disposal order and entitlement to appear

(1) The applicant must give written notice of an application under section 53X to every person whom the applicant has reason to believe has an interest—

(a) in the seized thing; or

(b) in the electronic material contained in the seized thing.

(2) A notice under subsection (1) must be given by ordinary service at least 14 days before the return date.

(3) The court may waive the requirement under subsection (2) to give notice if satisfied—

(a) that all persons who have an interest referred to in that subsection have appeared before the court; or

(b) that it is fair to waive the requirement despite a person who has an interest referred to in that subsection not having appeared before the court.

(4) At any time before the final determination of the application, the court may require the applicant to give notice of the application to any person, in any manner and within any period that the court thinks fit.

(5) In this section, ordinary service and return date have the same meanings as in the Criminal Procedure Act 2009.

S. 53Z inserted by No. 38/2022 s. 22.