Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actsinsert
51A What if respondent objects to interim order made when not present?
(1) This section applies if the Magistrates Court makes an interim order in the absence of a respondent and any representative of the respondent.
(2) The respondent may—
(a) fill out the endorsement copy of the interim order in accordance with the instructions on the copy; and
(b) return it to the Magistrates Court at least 7 days before the return date for the application for the final order to which the interim order relates.
(3) The interim order becomes a final order against the respondent—
(a) if—
(i) the Magistrates Court receives the endorsement copy from the respondent at least 7 days before the return date for the application for the final order; and
(ii) the respondent indicated on the endorsement copy that the respondent does not object to the interim order becoming a final order; or
(b) if the respondent does not return the endorsement copy to the Magistrates Court at least 7 days before the return date for the application for the final order.
(4) A final order under subsection (3) comes into force—
(a) if the respondent returned the endorsement copy to the Magistrates Court and does not object to the interim order becoming final—on the day the Magistrates Court receives the endorsement copy; or
(b) on the return date for the application for the final order.
(5) The Magistrates Court may decide the application for the final order if—
(a) the respondent returns the endorsement copy to the Magistrates Court at least 7 days before the return date for the application for the final order; and
(b) the endorsement copy indicates that the respondent objects to the interim order becoming a final order.
(6) In this section:
"endorsement copy", of an interim order, means the copy of the interim order marked as the endorsement copy under section 33 (1).
"respondent" includes a representative of the respondent.