106DATelephone interim restraint orders

106DA Telephone interim restraint orders

[Section 106DA Inserted by No. 66 of 1995, s. 13 ]

(1)  In this section –

intimidation means verbal or physical intimidation or verbal and physical intimidation;

telephone includes radio and facsimile machine.

(2)  A police officer may apply by telephone to a magistrate for an interim restraint order against a person if –

(a) the police officer has reasonable grounds for believing that –

(i) the person has intimidated another person; and

(ii) the intimidation is likely to continue and give rise to an assault; and

(b) it is not practicable to immediately apply for a restraint order because of the time and place at which the intimidation giving rise to the application occurred.

(3)  A police officer who is making or intends to make an application for a telephone interim restraint order may detain the person against whom the order is sought at the scene of the intimidation, using such force as is necessary and reasonable, for as long as is reasonably necessary for –

(a) the application to be made and heard; and

(b) any order, or a copy of any order, made to be served.

(4)  A magistrate to whom an application is made under subsection (2) may make an interim restraint order by telephone if the magistrate considers there is sufficient cause to do so and whether or not he or she is satisfied of any of the matters specified in section 106B (1) .

(5)  The provisions of section 106B (4A) , (5) and (5A) apply to the making of a telephone interim restraint order in the same manner as they apply to the making of a restraint order.

(6)  The provisions of section 106D and apply to a telephone interim restraint order in the same manner as they apply to an interim restraint order.