NTIn ForceAct
Misuse of Drugs Act 1990
11JHearing of applications for orders and revocation of orders
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11J Hearing of applications for orders and revocation of orders
(1) For the purposes of this Division, the Local Court is to be
constituted by a Local Court Judge.
(2) Evidence in proceedings relating to an application under this
Division may be given by way of affidavit.
Misuse of Drugs Act 1990 33
(3) The hearing of an application under section 11D is to be in camera.
(4) The Commissioner of Police must, at the hearing of an application
under section 11D, disclose to the court all matters that are within
his or her knowledge that he or she, on reasonable grounds,
believes would support an argument against the granting of the
application.
(5) A deponent of an affidavit is to be available for cross-examination at
a hearing of the making or revocation of a drug premises order.
(6) Section 16 of the Local Court (Civil Procedure) Act 1989 does not
apply in relation to an application under section 11D or 11P of this
Act.
(7) For the purposes of this Subdivision, the court may make a finding
that a dangerous drug has been supplied at or from premises
although there has not been a finding of guilt made by the court in
relation to the possession or supply of drugs that are found on the
(8) The court may dispense with compliance with a rule of the court if it
is of the opinion that it is desirable to do so to expedite the hearing
of an application under this Subdivision.