NTIn ForceAct
Misuse of Drugs Act 1990
11POwner etc. may apply for order to be revoked
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11P Owner etc. may apply for order to be revoked
(1) An owner, landlord or tenant of drug premises may apply to the
court for the order to be revoked.
(2) A person who applies to the court under subsection (1) must serve
notice of the application on the Commissioner of Police.
(3) The Commissioner of Police may be heard in relation to an
application under subsection (1).
Misuse of Drugs Act 1990 36
(4) The court may revoke a drug premises order if it is satisfied:
(a) on the balance of probabilities that the premises are no longer
premises at or from which dangerous drugs are being, or are
likely to be, supplied; or
(b) that in the circumstances of the case, including circumstances
arising after the making of the order, it would be unjust to keep
the order in force.
(5) In determining whether to revoke an order under subsection (4), the
court is to have regard to (but is not limited to having regard to)
whether or not the residents of the premises have been served with
notice to quit under section 88A of the Residential Tenancies
Act 1999 or section 126 of the Business Tenancies (Fair Dealings)
Act 2003.
(6) An appeal under section 19 of the Local Court (Civil Procedure)
Act 1989 to the Supreme Court against the making of a drug
premises order may not be lodged unless an application under this
section in relation to the premises has been made and has been
refused.