10AMagistrate may make community protection order on application from Commissioner

10A Magistrate may make community protection order on application from Commissioner

[Section 10A Inserted by No. 53 of 2016, s. 5, Applied:29 Nov 2017]

(1)  If the Commissioner is satisfied that a reportable offender poses a risk to the safety or wellbeing of any child, or children, the Commissioner may apply to a magistrate for a community protection order prohibiting or restricting the movement, or conduct, of the reportable offender.

(2)  In relation to an application made under subsection (1) , a magistrate may make a community protection order relating to a reportable offender if the magistrate is satisfied that –

(a) the reportable offender poses a risk to the safety or wellbeing of any child or children; and

(b) the making of the community protection order will reduce that risk.

(3)  A community protection order relating to a reportable offender made under subsection (2) may for a period specified in the order not exceeding 12 months, or for any further period specified in the order that the magistrate considers reasonably necessary to prevent a risk to any child, or children, prohibit or restrict the following movement or conduct:

(a) the reportable offender associating with, or making contact or communicating with, a specified person, or persons of a specified class;

(b) the reportable offender being present at, or in the vicinity of, a specified place or specified premises or a place or premises of a specified class;

(c) the reportable offender undertaking specified employment or employment of a specified kind;

(d) [Section 10A Subsection (3) amended by No. 30 of 2021, s. 4, Applied:01 Mar 2022] the reportable offender consuming intoxicating liquor;

(e) the reportable offender taking, or being in possession of, a controlled substance as defined in the Misuse of Drugs Act 2001 ;

(f) any other movement or conduct of a kind specified in the order if it is reasonably necessary to prohibit or restrict the movement or conduct in order to reduce the risk that a reportable offender poses to the safety or wellbeing of any child or children.