17Procedure on application

17 Procedure on application S. 17(1) amended by No. 87/2004 s. 8(5), substituted by No. 79/2006 s. 10, amended by No. 55/2014 s. 21. (1) If, having regard to the matters referred to in subsection (1A), the court is satisfied that the circumstances of the case justify the giving of notice to a person affected, the court may direct an applicant under section 16(1), (2) or (2A) to give notice of the application to any person whom the court has reason to believe has an interest in the property that is the subject of the application. S. 17(1A) inserted by No. 79/2006 s. 10. (1A) In determining whether the circumstances of the case justify the giving of notice, the court must have regard to— (a) the aim of preserving the property that is the subject of the application so as to ensure its availability for the purpose for which the restraining order is sought; and (b) any jeopardy to an investigation by a law enforcement agency into criminal activity that could result from the giving of notice; and (c) any risk to the safety or security of a person, including a potential witness in any criminal proceeding, that could result from the giving of notice; and (d) the provision made by this Act to enable a person claiming an interest in property the subject of a restraining order to apply for an exclusion order to protect that interest from the operation of the restraining order; and (e) the limited duration of a restraining order; and S. 17(1B) inserted by No. 79/2006 s. 10, amended by No. 55/2014 s. 21. (1B) In determining whether to direct an applicant to give notice of an application under section 16(1), (2) or (2A), the court may have regard to any other matter that the court considers relevant. S. 17(1C) inserted by No. 79/2006 s. 10, amended by No. 55/2014 s. 21. (1C) If the court does not require notice of an application under section 16(1), (2) or (2A) to be given under subsection (1), it may hear and determine the application in the absence of any person who has an interest in the property that is the subject of the application. (2) Any person notified under subsection (1) is entitled to appear and to give evidence at the hearing of the application but the absence of that person does not prevent the court from making a restraining order. (3) The court may— (b) order that only persons or classes of persons specified by it may be present during the whole or any part of the proceeding; or (c) make an order prohibiting the publication of a report of the whole or any part of the proceeding or of any information derived from the proceeding. (4) The court must cause a copy of any order made under subsection (3) to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house. (5) A person must not contravene an order posted under subsection (4). 1. Imprisonment for 12 months or 1000 penalty units. S. 18 amended by Nos 43/1998 s. 11, 87/2004 s. 9(1)(a)(b)(2) (ILA s. 39B(1)).