26Adjourned hearing

26 Adjourned hearing (1) This section applies if the Supreme Court orders an adjourned hearing for an application for a control order in relation to a person. (2) At least 28 days before the date fixed for the adjourned hearing, the Commissioner must serve on the person a written notice setting out the following information: (a) a statement that an application under section 24 for a control order has been made in relation to the person;

Part 4 Control orders Division 1 Making control order Serious Crime Control Act 2009 16 (b) a brief explanation of the effect of Part 4, Division 3 if a control order is made; (c) the date on which, and the time at which, the adjourned hearing will be held. (3) At the adjourned hearing, the Supreme Court: (a) may hear evidence by or for the Commissioner and the person; 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 control order; and (ii) any other evidence provided at the hearing by or for the Commissioner or the person. (4) 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 – dismiss the application.