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Child Protection (Offender Reporting and Registration) Act 2004
76Application for and making of interim order
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76 Application for and making of interim order
(1) A police officer may apply by telephone or other means prescribed
by the Regulations to a court for an order under this section.
Child Protection (Offender Reporting and Registration) Act 2004 49
(2) A court may make an interim child protection prohibition order
prohibiting a reportable offender from engaging in specified conduct
if it appears to the court that it is necessary to do so to prevent an
immediate risk to the lives or the sexual safety of one or more
children or children generally.
(3) For subsection (2), it is not necessary that the court be able to
identify a risk to a particular child or particular children or a
particular class of children.
(4) An interim prohibition order may be made by a court whether or not:
(a) the reportable offender is present at the proceedings; or
(b) the reportable offender has been notified of the proceedings.
(5) When an interim prohibition order is made by a court, the court
must:
(a) fix a day, time and place for a further hearing of the application
as soon as is practicable after the interim prohibition order is
made; and
(b) issue a summons requiring the reportable offender to attend
the court for the further hearing; and
(c) notify the applicant of the further hearing.
(6) An interim prohibition order remains in force until the further hearing
unless the application is sooner discontinued by the applicant.