11TRestraining orders if breach of the peace

11T Restraining orders if breach of the peace (b) the conduct breaches the peace and the person is reckless in (c) the conduct occurs on drug premises. (1A) Strict liability applies to subsection (1)(c). (2) A police officer may apply to the Local Court for a restraining order in relation to a person found by a police officer on drug premises if the the officer reasonably believes the person has committed a breach of the peace on the premises. (3) A copy of an application under subsection (2) is to be served on the person to whom the application relates. (4) The Local Court may issue a restraining order in relation to a person if it is satisfied on the balance of probabilities that: (a) the person was on drug premises; and (b) the person has breached the peace, or caused a breach of the peace, on the premises. (5) The Local Court may order the person in relation to whom a restraining order is made to enter into a recognizance, with or without sureties, to keep the peace, or be of good behaviour, for the period (of not more than 6 months) that is specified in the order.

Misuse of Drugs Act 1990 40 (6) The Local Court may order that, if the person in relation to whom the order is made contravenes or fails to comply with an order under this section, the person is to be imprisoned for the period (of not more than 6 months) that is specified in the order. (7) A person committed into the custody of the Commissioner of Correctional Services because he or she has failed to find a surety under subsection (6) may, in person, or by a person acting on his or her behalf, apply for an order varying the order under which he or she was committed. (8) The Local Court may, if it appears just, upon new evidence produced or upon proof of a change of circumstances having regard to all the circumstances of the case, make an order: (a) reducing the amount for which it is proposed the sureties should be bound; or (b) dispensing with the sureties or surety or otherwise dealing with the case as the court thinks just. (9) The jurisdiction conferred on the Local Court under this section is part of the Court's criminal jurisdiction.