Serious Crime Control Act 2009
25Hearing of application by Supreme Court
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25 Hearing of application by Supreme Court (1) At the hearing of an application for a control order, in relation to each person specified in the application the Supreme Court: (a) may hear further information from the Commissioner; and (b) must determine whether there is a ground for making a control order in relation to the person, and whether it is appropriate to do so, taking into account: (i) the affidavit or affidavits verifying the grounds of the application for the order; and (ii) any further information supplied by the Commissioner. (2) The Supreme Court may: (a) if it determines there is a ground for making a control order in relation to the person and it is appropriate to do so – make a control order; or (b) if it determines otherwise – do either of the following: (i) dismiss the application; (ii) order the hearing (the adjourned hearing) be adjourned until the person is given notice of the application, and fix the date on which, and time at which, the adjourned hearing is to be held. Note for subsection (2) Although an application may be made in relation to more than 1 person, a control order must relate only to a single person. (3) Despite anything to the contrary in the Supreme Court Act 1979, a decision of the Supreme Court under subsection (2)(a) cannot be appealed.