sec.35Consideration of application

### sec.35 Consideration of application The Supreme Court judge— must decide the application as quickly as possible; and may consider any representations made by the monitor; and may make the orders the judge considers appropriate for deciding the application, including, for example, an order suspending the operation of the decision on the application pending the outcome of an appeal; and may approve or refuse to approve the continued exercise of the detention power. interim orders orders adjourning the application until the commissioner gives the judge additional information orders approving the release of some individuals but continuing the detention of others However, the Supreme Court judge may approve the application only if satisfied continued use of the detention power is reasonably necessary to prevent a serious risk to the life or health of individuals not already affected by the CBR substance involved in the CBR emergency. If the Supreme Court judge does not decide the application before the end of the first 48 hours of the CBR emergency, it is lawful for the CBRE commander to continue to exercise the detention power until the application is finally decided. s 35 ins 2003 No. 46 s 13 amd 2007 No. 34 s 7 sch (sec.35-ssec.1) The Supreme Court judge— must decide the application as quickly as possible; and may consider any representations made by the monitor; and may make the orders the judge considers appropriate for deciding the application, including, for example, an order suspending the operation of the decision on the application pending the outcome of an appeal; and may approve or refuse to approve the continued exercise of the detention power. interim orders orders adjourning the application until the commissioner gives the judge additional information orders approving the release of some individuals but continuing the detention of others (sec.35-ssec.2) However, the Supreme Court judge may approve the application only if satisfied continued use of the detention power is reasonably necessary to prevent a serious risk to the life or health of individuals not already affected by the CBR substance involved in the CBR emergency. (sec.35-ssec.3) If the Supreme Court judge does not decide the application before the end of the first 48 hours of the CBR emergency, it is lawful for the CBRE commander to continue to exercise the detention power until the application is finally decided. - (a) must decide the application as quickly as possible; and - (b) may consider any representations made by the monitor; and - (c) may make the orders the judge considers appropriate for deciding the application, including, for example, an order suspending the operation of the decision on the application pending the outcome of an appeal; and - (d) may approve or refuse to approve the continued exercise of the detention power. Examples of orders for paragraph (c) — • interim orders • orders adjourning the application until the commissioner gives the judge additional information • orders approving the release of some individuals but continuing the detention of others - • interim orders - • orders adjourning the application until the commissioner gives the judge additional information - • orders approving the release of some individuals but continuing the detention of others - • interim orders - • orders adjourning the application until the commissioner gives the judge additional information - • orders approving the release of some individuals but continuing the detention of others