Queensland Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CHILD PROTECTION (OFFENDER PROHIBITION ORDER) ACT 2008 No. 17 - SECT 14

14 Applying for a temporary order

(1) The commissioner may apply in the approved form to a magistrate for a temporary order for a person if the commissioner--

(a) has the belief mentioned in section 6(1) about the person; and
(b) also believes on reasonable grounds that--
(i) the making of a temporary order for the person is necessary to prevent an immediate risk of the respondent engaging in conduct posing a risk to the lives or sexual safety of children; and
(ii) the making of the order will reduce the risk.

(2) The application must state--

(a) the matters mentioned in section 6(2); and
(b) why the temporary order is necessary before a final order is made.

(3) The application may be made without notice being given to the respondent or a police officer may give notice in the approved form to the respondent stating--

(a) when and how the application will be made to the magistrate; and
(b) that the respondent may be present before the magistrate when the application is made and may make submissions to the magistrate.

(4) The Police Powers and Responsibilities Act 2000, sections 800 to 802, apply to the application for the temporary order as if the temporary order were a prescribed authority within the meaning of that Act.

Note--
The Police Powers and Responsibilities Act 2000, sections 800 to 802 provide for obtaining prescribed authorities by phone, fax, radio, email or another similar facility.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback