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Crimes (Child Sex Offenders) Act 2005
132HCourt may make interim prohibition order
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132H Court may make interim prohibition order
(1) The Magistrates Court may make an order (an interim prohibition
order) prohibiting a person from engaging in conduct if satisfied
(b) having regard to the nature or pattern of conduct stated in the
application to have been engaged in by the person, the person
poses a risk to the lives or sexual safety of 1 or more children,
or of children generally; and
(c) it is necessary to make the interim prohibition order to reduce
the risk until the application for the prohibition order is decided.
Note For the kind of conduct the Magistrates Court may prohibit, see s 132F.
(2) For subsection (1), it is not necessary for the Magistrates Court to
identify a risk to a particular child, particular children, or a particular
class of children.
(3) The Magistrates Court may make an interim prohibition order—
(a) only on an application for a prohibition order; and
(b) at any time during the proceeding on the application for the
prohibition order to which it relates.
(4) The application for the prohibition order may be heard, and an interim
prohibition order made, in the person’s absence if the Magistrates
Court is satisfied that the person was served with the application
under section 132Z (Service of applications).
(5) If the Magistrates Court makes an interim prohibition order for a
person, the court must set another return date for the application for
the prohibition order for the person.