49DAffidavit of police officer needed in certain cases

#### 49D Affidavit of police officer needed in certain cases (1) Where an application is made for a restraining order and the defendant has not been convicted of the offence concerned, the court must not make a restraining order unless: (a) the application for the order is supported by an affidavit of a police officer stating that the officer believes the defendant committed the offence; and (b) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for so believing. (2) Where an application for a restraining order is made against specified property of a person other than the defendant, the court must not make a restraining order against the property unless: (a) the application is supported by an affidavit of a police officer stating that the officer believes that the property is subject to the effective control of the defendant; and (b) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for so believing. (3) An affidavit made by a police officer for the purpose of this section stating that the officer believes a particular matter must set out the grounds on which the officer holds that belief. (4) The court may, at any time before the final determination of an application for: (a) a restraining order; or (b) an extension of the period of effect of a restraining order; direct the DPP to give or publish notice of the application to a specified person or class of persons in the manner and within the time the court thinks appropriate. (5) In this section: > police officer means a member of the Australian Federal Police or of the police force of a State or Territory.