106DInterim restraint orders

106D Interim restraint orders

[Section 106D Substituted by No. 8 of 1988, s. 5 ]

(1)  Where an application for a restraint order has been filed with a clerk of petty sessions, justices may, if they see sufficient cause to do so and whether or not they are satisfied of any of the matters specified in section 106B (1) –

(a) make an interim restraint order at any stage of the proceedings in respect of the application for the restraint order;

(b) at any stage of those proceedings vary an interim restraint order so made; and

(c) whether or not they make an interim restraint order, give such directions with respect to the further hearing of the application for the restraint order as they consider necessary.

(2)  An interim restraint order shall be expressed to operate for such period, not exceeding 60 days, as may be specified by the justices.

(3)  Notwithstanding subsection (2) , if it appears to justices that the period for which an interim restraint order is expressed to have effect will expire before the conclusion of the proceedings in respect of the application for a restraint order, they may extend the interim restraint order until –

(a) a restraint order is served on the person against whom it is sought; or

(b) the proceedings are otherwise terminated.

(4)  *[Section 106D Subsection (4) amended by No. 64 of 1994, s. 8 ]*An interim restraint order may be made, varied, or extended in the absence of the person against whom a restraint order is sought whether or not a sealed copy of the application for the restraint order has been served on that person.

(5)  In addition to, or in lieu of, making an interim restraint order, justices may issue a warrant for the apprehension of the person against whom a restraint order is sought.

(6)  *[Section 106D Subsection (6) amended by No. 66 of 1995, s. 12 ]*The provisions of section 106B (4A) , (5) and (5A) apply to the making of an interim restraint order in the same manner as they apply to the making of a restraint order.