Law Enforcement (Powers and Responsibilities) Act 2002

An application for a stock mustering order is to be made by issuing and filing an application notice in accordance with Part 4 of the Local Court Act 2007.

An application for a stock mustering order must specify the grounds for the application, including any belief of the applicant, in the manner prescribed by the regulations.

Despite section 49 of that Act, the application notice must be served—

personally on the owner of, or person managing or controlling, the land to which the application relates, or

if personal service cannot be effected promptly, by causing a copy of the application notice to be affixed to or near at least one of the entrances to the land.

The application notice must also be served on the police officer in charge of the police station closest to the land to which the application relates, unless the application is made by a police officer.

The Commissioner is a party to any application for a stock mustering order under this Part and the Commissioner or any police officer may be represented by an Australian legal practitioner or police prosecutor at any proceedings for such an order.

Despite subsection (1), section 51 of the Local Court Act 2007 does not apply to an application for a stock mustering order.