sec.113Duration

### sec.113 Duration A police protection notice takes effect when— the notice is served on the respondent personally or in a way stated in a substituted service order; or a police officer tells the respondent about the existence of the notice and the conditions of the notice. For subsection (1) (b) , the respondent may be told by a police officer about the existence of the police protection notice in any way, including, for example, by telephone, email, SMS message, a social networking site or other electronic means. A police protection notice continues in force until— if, on an application for a temporary protection order made under section 129 (2) , a magistrate decides to make a temporary protection order—the temporary protection order is served on the respondent or otherwise becomes enforceable under section 177 ; or if, upon the hearing of the application for a protection order, the court decides to make a domestic violence order—the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177 ; or if the court adjourns the application for a protection order and does not make a domestic violence order or an order to extend the police protection notice under subsection (4) —the proceeding is adjourned; or See section 47B for when the court must consider whether to make a temporary protection order. if the court dismisses the application for a protection order—the application is dismissed. For subsection (3) (c) , in exceptional circumstances a court may adjourn the application for a protection order and make an order to extend the police protection notice— for not more than 5 business days; or if the court is not sitting in the next 5 business days—until the next anticipated sitting date for the court. An order to extend the police protection notice under subsection (4) may be made without appearances by the parties to the application for the protection order. A police protection notice may be extended only once under subsection (4) . The court must take reasonable steps to notify the police commissioner and the parties to the application for the protection order of any extension to the police protection notice. A failure to comply with subsection (7) does not invalidate or otherwise affect the extension of the police protection notice. If the court makes an order to extend the police protection notice, section 47B applies at the first mention for the proceeding that occurs after the making of the order. In this section, a reference to the application for a protection order is a reference to— the application for a protection order a police protection notice is taken to be under section 112 ; or if a police protection notice was issued against the respondent under section 101A when the respondent was released from custody—the application for a protection order against the respondent prepared while the respondent was in custody as required under section 118 . In this section— exceptional circumstances means unforeseen circumstances that cause the operation of the court to be significantly reduced. natural disaster, severe weather event, major public health event s 113 sub 2016 No. 51 s 32 amd 2023 No. 1 s 46 ; 2024 No. 5 s 30 (sec.113-ssec.1) A police protection notice takes effect when— the notice is served on the respondent personally or in a way stated in a substituted service order; or a police officer tells the respondent about the existence of the notice and the conditions of the notice. (sec.113-ssec.2) For subsection (1) (b) , the respondent may be told by a police officer about the existence of the police protection notice in any way, including, for example, by telephone, email, SMS message, a social networking site or other electronic means. (sec.113-ssec.3) A police protection notice continues in force until— if, on an application for a temporary protection order made under section 129 (2) , a magistrate decides to make a temporary protection order—the temporary protection order is served on the respondent or otherwise becomes enforceable under section 177 ; or if, upon the hearing of the application for a protection order, the court decides to make a domestic violence order—the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177 ; or if the court adjourns the application for a protection order and does not make a domestic violence order or an order to extend the police protection notice under subsection (4) —the proceeding is adjourned; or See section 47B for when the court must consider whether to make a temporary protection order. if the court dismisses the application for a protection order—the application is dismissed. (sec.113-ssec.4) For subsection (3) (c) , in exceptional circumstances a court may adjourn the application for a protection order and make an order to extend the police protection notice— for not more than 5 business days; or if the court is not sitting in the next 5 business days—until the next anticipated sitting date for the court. (sec.113-ssec.5) An order to extend the police protection notice under subsection (4) may be made without appearances by the parties to the application for the protection order. (sec.113-ssec.6) A police protection notice may be extended only once under subsection (4) . (sec.113-ssec.7) The court must take reasonable steps to notify the police commissioner and the parties to the application for the protection order of any extension to the police protection notice. (sec.113-ssec.8) A failure to comply with subsection (7) does not invalidate or otherwise affect the extension of the police protection notice. (sec.113-ssec.9) If the court makes an order to extend the police protection notice, section 47B applies at the first mention for the proceeding that occurs after the making of the order. (sec.113-ssec.10) In this section, a reference to the application for a protection order is a reference to— the application for a protection order a police protection notice is taken to be under section 112 ; or if a police protection notice was issued against the respondent under section 101A when the respondent was released from custody—the application for a protection order against the respondent prepared while the respondent was in custody as required under section 118 . (sec.113-ssec.11) In this section— exceptional circumstances means unforeseen circumstances that cause the operation of the court to be significantly reduced. natural disaster, severe weather event, major public health event - (a) the notice is served on the respondent personally or in a way stated in a substituted service order; or - (b) a police officer tells the respondent about the existence of the notice and the conditions of the notice. - (a) if, on an application for a temporary protection order made under section 129 (2) , a magistrate decides to make a temporary protection order—the temporary protection order is served on the respondent or otherwise becomes enforceable under section 177 ; or - (b) if, upon the hearing of the application for a protection order, the court decides to make a domestic violence order—the domestic violence order is served on the respondent or otherwise becomes enforceable under section 177 ; or - (c) if the court adjourns the application for a protection order and does not make a domestic violence order or an order to extend the police protection notice under subsection (4) —the proceeding is adjourned; or Note— See section 47B for when the court must consider whether to make a temporary protection order. - (d) if the court dismisses the application for a protection order—the application is dismissed. - (a) for not more than 5 business days; or - (b) if the court is not sitting in the next 5 business days—until the next anticipated sitting date for the court. - (a) the application for a protection order a police protection notice is taken to be under section 112 ; or - (b) if a police protection notice was issued against the respondent under section 101A when the respondent was released from custody—the application for a protection order against the respondent prepared while the respondent was in custody as required under section 118 .