9Owner or occupier may object to application

9 Owner or occupier may object to application

(1)  An owner, or an occupier, of premises in respect of which an application under section 7 is made may object to the application on the basis that the application is unreasonable in the circumstances.

(2)  An objection made under subsection (1) must be –

(a) accompanied by at least one affidavit addressing the facts, matters and circumstances on which the objection relies; and

(b) filed with a court of petty sessions at least 7 days before the day on which the application is listed to be heard; and

(c) served on the Commissioner at least 5 days before the day on which the application is listed to be heard.

(3)  If an objection is made under subsection (1) , a court of petty sessions may, in hearing an application made under section 7 –

(a) take into account any information accompanying the objection; and

(b) receive further evidence in respect of that information.

(4)  A person who makes an objection under subsection (1) , at the hearing of the application to which the objection relates, may –

(a) appear and adduce evidence; and

(b) be represented.

(5)  A court of petty sessions may accept an objection under subsection (1) made outside one or both of the time limitations specified in subsection (2)(b) and (c) if satisfied that it is reasonable in the circumstances to do so.