NTIn ForceAct
Misuse of Drugs Act 1990
11TRestraining orders if breach of the peace
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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.