74BF—Procedure on hearing of notice of objection
(1) In any proceedings
in relation to a notice of objection, the Court must, if convenient to the
Court, be constituted of the Magistrate who issued the fortification removal
order to which the notice of objection relates.
(2) The Court must,
when determining a notice of objection, consider whether, in the light of the
evidence presented by both the Commissioner and the objector, sufficient
grounds exist to satisfy the Court as to the requirements of
section 74BB(1).
(3) The Court may, on
hearing a notice of objection, confirm, vary or withdraw the fortification
removal order.
(4) If, on the hearing
of a notice of objection, the fortification removal order is confirmed or
varied, the period of time allowed for compliance with the order, as fixed by
the order, is (unless the Court specifies otherwise) taken to commence on the
day of the Court's determination.