sec.129ZPInterim civil banning order

### sec.129ZP Interim civil banning order This section applies if an authorised person has made an application, under section 129ZL , for a civil banning order for a respondent. The authorised person may apply to a Magistrates Court for an order (an interim civil banning order ) for the respondent to be in force until— the court finally decides the application for the civil banning order; or the application for the civil banning order otherwise ends. The application for the interim civil banning order must state— the information necessary to satisfy the court of the matters mentioned in subsection (7) ; and that affidavits in response to the application may be filed under subsection (5) ; and that the application may, under subsection (8) , be decided in the respondent’s absence. The application, with any accompanying affidavit, must be— filed in the court; and served on the respondent within 5 business days after being filed. The respondent may file affidavits to be relied on by the respondent for the hearing of the application. The respondent must file the affidavits within 15 business days after the day the application is filed. The court may make the interim civil banning order if the court is satisfied— the application has been served on the respondent; and there are reasonable grounds for believing there is sufficient basis to make a civil banning order. The interim civil banning order may be made whether or not the respondent appears before the court or makes submissions. An interim civil banning order may prohibit the respondent from doing, or attempting to do, anything that a person may be prohibited from doing by a civil banning order. An interim civil banning order takes effect— if the respondent or a legal or other representative of the respondent is present at the hearing of the application—when it is made; or otherwise—when the order is served on the respondent. s 129ZP ins 2011 No. 12 s 88 (sec.129ZP-ssec.1) This section applies if an authorised person has made an application, under section 129ZL , for a civil banning order for a respondent. (sec.129ZP-ssec.2) The authorised person may apply to a Magistrates Court for an order (an interim civil banning order ) for the respondent to be in force until— the court finally decides the application for the civil banning order; or the application for the civil banning order otherwise ends. (sec.129ZP-ssec.3) The application for the interim civil banning order must state— the information necessary to satisfy the court of the matters mentioned in subsection (7) ; and that affidavits in response to the application may be filed under subsection (5) ; and that the application may, under subsection (8) , be decided in the respondent’s absence. (sec.129ZP-ssec.4) The application, with any accompanying affidavit, must be— filed in the court; and served on the respondent within 5 business days after being filed. (sec.129ZP-ssec.5) The respondent may file affidavits to be relied on by the respondent for the hearing of the application. (sec.129ZP-ssec.6) The respondent must file the affidavits within 15 business days after the day the application is filed. (sec.129ZP-ssec.7) The court may make the interim civil banning order if the court is satisfied— the application has been served on the respondent; and there are reasonable grounds for believing there is sufficient basis to make a civil banning order. (sec.129ZP-ssec.8) The interim civil banning order may be made whether or not the respondent appears before the court or makes submissions. (sec.129ZP-ssec.9) An interim civil banning order may prohibit the respondent from doing, or attempting to do, anything that a person may be prohibited from doing by a civil banning order. (sec.129ZP-ssec.10) An interim civil banning order takes effect— if the respondent or a legal or other representative of the respondent is present at the hearing of the application—when it is made; or otherwise—when the order is served on the respondent. - (a) the court finally decides the application for the civil banning order; or - (b) the application for the civil banning order otherwise ends. - (a) the information necessary to satisfy the court of the matters mentioned in subsection (7) ; and - (b) that affidavits in response to the application may be filed under subsection (5) ; and - (c) that the application may, under subsection (8) , be decided in the respondent’s absence. - (a) filed in the court; and - (b) served on the respondent within 5 business days after being filed. - (a) the application has been served on the respondent; and - (b) there are reasonable grounds for believing there is sufficient basis to make a civil banning order. - (a) if the respondent or a legal or other representative of the respondent is present at the hearing of the application—when it is made; or - (b) otherwise—when the order is served on the respondent.