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)](#GS106DA@Gs2@EN) 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](#GS106B@EN) [(1)](#GS106B@Gs1@EN) . > > > (5)  The provisions of [section 106B](#GS106B@EN) [(4A)](#GS106B@Gs4A@EN) , [(5)](#GS106B@Gs5@EN) and [(5A)](#GS106B@Gs5A@EN) 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](#GS106D@EN) [(7)](#GS106D@Gs7@EN) and [(8)](#GS106D@Gs8@EN) apply to a telephone interim restraint order in the same manner as they apply to an interim restraint order. > > > (7)  A telephone interim restraint order is made by the magistrate – > > > > > > (a) orally communicating the terms of the order to the applicant; or > > > > > > > (b) transmitting the terms of the order to the applicant by facsimile machine. > > > (8)  A magistrate who makes a telephone interim restraint order must – > > > > > > (a) record in writing – > > > > > > > > > > (i) the name and rank of the applicant police officer; and > > > > > > > > > > > (ii) the name of the person against whom the order is made; and > > > > > > > > > > > (iii) the name of the person for whose benefit the order is made; and > > > > > > > > > > > (iv) the reasons for the application; and > > > > > > > > > > > (v) the terms of the order; and > > > > > > > > > > > (vi) the date and time the order was made; and > > > > > > > > > > > (vii) the period for which the order operates; and > > > > > > > (b) provide that record or a copy of it to a clerk of petty sessions. > > > (9)  Where a telephone interim restraint order is made orally, the police officer must record in writing the information specified in [subsection (8)](#GS106DA@Gs8@EN) [(a)](#GS106DA@Gs8@Hpa@EN) [(ii)](#GS106DA@Gs8@Hpa@Hqii@EN) , [(iii)](#GS106DA@Gs8@Hpa@Hqiii@EN) , [(v)](#GS106DA@Gs8@Hpa@Hqv@EN) , [(vi)](#GS106DA@Gs8@Hpa@Hqvi@EN) and [(vii)](#GS106DA@Gs8@Hpa@Hqvii@EN) and the name of the magistrate who made the order. > > > (10)  A record made by a police officer under [subsection (9)](#GS106DA@Gs9@EN) is taken to be the telephone interim restraint order. > > > (11)  A paper that has been produced by or directly from the facsimile transmission of the terms of a telephone interim restraint order to the applicant is taken to be the telephone interim restraint order. > > > (12)  A telephone interim restraint order or a copy of such an order is to be served personally on the person against whom the order is made as soon as practicable after it is made. > > > (13)  A telephone interim restraint order operates for a period, not exceeding 5 working days, specified in the order. > > > (14)  Before a telephone interim restraint order expires, a police officer must – > > > > > > (a) apply for a restraint order; or > > > > > > > (b) report to the magistrate who made the telephone interim restraint order the reasons why an application for a restraint order is not being made. > > > (15)  A person who has been detained to facilitate the making of a telephone interim restraint order has not been taken into custody for the purposes of [sections 34](#GS34@EN) and [34A](#GS34A@EN) .