sec.459Notice of application must ordinarily be given

### sec.459 Notice of application must ordinarily be given The person to whom the application relates must be given notice in the approved form of the application at least 7 days before the day the application is to be heard. The notice must state— the grounds on which the application is made; and the date when and the place where the application is to be heard; and the person may appear at the hearing and be heard on the application; and that if the person does not appear, the application may be decided in the absence of the person; and if the police officer making the application knows the person is in lawful custody in another State, the effect of subsections (5) and (6) and the address of the place where the written submissions mentioned in subsection (5) may be sent. If the person appears at the time and place stated in the notice, the person is entitled to be heard on the application. If the person does not appear at the time and place stated in the notice, the application may be decided in the absence of the person. If the person is in lawful custody in another State, the magistrate may receive submissions about the application through the person’s lawyer, in writing from the person or by using technology allowing reasonably contemporaneous and continuous communication between the magistrate and the person. Written submissions made under subsection (5) need not be considered by the magistrate unless they are received at the place where the application is to be heard before the date the application is heard. Subsection (1) does not apply if the person is dead. This section is subject to section 460 . s 459 (prev s 249) renum 2000 No. 22 s 17 amd 2003 No. 19 s 3 sch sub 2003 No. 49 s 10 (sec.459-ssec.1) The person to whom the application relates must be given notice in the approved form of the application at least 7 days before the day the application is to be heard. (sec.459-ssec.2) The notice must state— the grounds on which the application is made; and the date when and the place where the application is to be heard; and the person may appear at the hearing and be heard on the application; and that if the person does not appear, the application may be decided in the absence of the person; and if the police officer making the application knows the person is in lawful custody in another State, the effect of subsections (5) and (6) and the address of the place where the written submissions mentioned in subsection (5) may be sent. (sec.459-ssec.3) If the person appears at the time and place stated in the notice, the person is entitled to be heard on the application. (sec.459-ssec.4) If the person does not appear at the time and place stated in the notice, the application may be decided in the absence of the person. (sec.459-ssec.5) If the person is in lawful custody in another State, the magistrate may receive submissions about the application through the person’s lawyer, in writing from the person or by using technology allowing reasonably contemporaneous and continuous communication between the magistrate and the person. (sec.459-ssec.6) Written submissions made under subsection (5) need not be considered by the magistrate unless they are received at the place where the application is to be heard before the date the application is heard. (sec.459-ssec.7) Subsection (1) does not apply if the person is dead. (sec.459-ssec.8) This section is subject to section 460 . - (a) the grounds on which the application is made; and - (b) the date when and the place where the application is to be heard; and - (c) the person may appear at the hearing and be heard on the application; and - (d) that if the person does not appear, the application may be decided in the absence of the person; and - (e) if the police officer making the application knows the person is in lawful custody in another State, the effect of subsections (5) and (6) and the address of the place where the written submissions mentioned in subsection (5) may be sent.