Div 2Police orders

Division 2—Police orders 18—Interim intervention order issued by police (1) Subject to subsection (2), a police officer may issue an interim intervention order against a defendant if it appears to the police officer that there are grounds for issuing the order and the defendant is present before the police officer or in custody. (2) If the police officer issuing the order is not of or above the rank of sergeant, the officer must, before issuing the order, obtain the authorisation (either orally or in writing) of a police officer of or above that rank. (3) An interim intervention order issued by a police officer must— (a) be in a form approved by the Commissioner of Police; and (b) identify the defendant and the persons protected by the order; and (c) specify the prohibitions and requirements imposed by the order; and (d) require the defendant to appear before the Court at a specified time and place (within 8 days after the date of the order or, if the Court will not be sitting at the place within that period, within 2 days after the Court next commences sitting at the place). (4) An interim intervention order issued by a police officer comes into force against the defendant when served on the defendant personally. (5) On an interim intervention order issued by a police officer being served on the defendant, the police officer issuing the order will be taken to have made an application to the Court for an intervention order and the defendant will be taken to have been issued a summons to appear before the Court as specified in the order for the purposes of the hearing and determination of the application under section 23. (6) The Commissioner of Police must— (a) give a copy of an interim intervention order issued by a police officer to each person protected by the order; and (i) notify the Principal Registrar in writing of the prescribed details of the order; or (ii) give a copy of the order to the Principal Registrar. (7) A person against whom an interim intervention order is issued by a police officer must notify the Commissioner of Police in writing of an address for service. (7a) A person who is required under subsection (7) to notify the Commissioner of Police of an address for service— (a) who fails to provide the address within 7 days after being so requested; or (b) who provides an address that is false, is guilty of an offence. Maximum penalty: $750. Expiation fee: $105. (8) The Commissioner of Police must notify the Principal Registrar of any address for service provided under subsection (7). (9) The Principal Registrar must notify the relevant public sector agencies in writing of the prescribed details of interim intervention orders issued by police officers. 19—Revocation of interim intervention order by Commissioner of Police (1) The Commissioner of Police may revoke an interim intervention order issued by a police officer by written notice served on the defendant personally or by post at the address for service provided by the defendant under this Act. (2) The Commissioner of Police must— (a) give a copy of a notice of revocation of an interim intervention order issued by a police officer to each person protected by the order; and (b) notify the Principal Registrar that the order has been revoked. (3) The Principal Registrar must notify the relevant public sector agencies of the revocation of interim intervention orders by the Commissioner of Police.