sec.13JTemporary order made by magistrate

### sec.13J Temporary order made by magistrate A magistrate may make a temporary order if the magistrate is satisfied, on the balance of probabilities, of the matters mentioned in section 13C (1) . For subsection (1) — the reference in section 13C (1) (b) (ii) to the prohibition order is taken to be a reference to the temporary order; and it is not necessary for the magistrate to be able to identify a risk to a particular child or particular children; and sections 13C (2) , (4) and (5) , 13D and 13E do not apply. Also, for subsection (1) , if the application for the temporary order is made without notice being given to the respondent, the magistrate may not make the temporary order unless the magistrate considers it necessary to make the temporary order without notice to the respondent in the particular circumstances of the case. The temporary order need only be supported by information the magistrate considers sufficient and appropriate having regard to the temporary nature of the temporary order. oral submissions, rather than evidence on oath When the magistrate makes the temporary order, the magistrate must fix a return date, time and place for an application for a final order. On the making of the temporary order, the police commissioner must immediately start a proceeding under section 13B (1) for the final order. The date, time and place stated in the appearance notice for the final order must be the date, time and place fixed under subsection (5) . s 13J ins 2017 No. 14 s 11 (sec.13J-ssec.1) A magistrate may make a temporary order if the magistrate is satisfied, on the balance of probabilities, of the matters mentioned in section 13C (1) . (sec.13J-ssec.2) For subsection (1) — the reference in section 13C (1) (b) (ii) to the prohibition order is taken to be a reference to the temporary order; and it is not necessary for the magistrate to be able to identify a risk to a particular child or particular children; and sections 13C (2) , (4) and (5) , 13D and 13E do not apply. (sec.13J-ssec.3) Also, for subsection (1) , if the application for the temporary order is made without notice being given to the respondent, the magistrate may not make the temporary order unless the magistrate considers it necessary to make the temporary order without notice to the respondent in the particular circumstances of the case. (sec.13J-ssec.4) The temporary order need only be supported by information the magistrate considers sufficient and appropriate having regard to the temporary nature of the temporary order. oral submissions, rather than evidence on oath (sec.13J-ssec.5) When the magistrate makes the temporary order, the magistrate must fix a return date, time and place for an application for a final order. (sec.13J-ssec.6) On the making of the temporary order, the police commissioner must immediately start a proceeding under section 13B (1) for the final order. (sec.13J-ssec.7) The date, time and place stated in the appearance notice for the final order must be the date, time and place fixed under subsection (5) . - (a) the reference in section 13C (1) (b) (ii) to the prohibition order is taken to be a reference to the temporary order; and - (b) it is not necessary for the magistrate to be able to identify a risk to a particular child or particular children; and - (c) sections 13C (2) , (4) and (5) , 13D and 13E do not apply.