South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 99AA

99AA—Paedophile restraining orders

        (a1)         An application for a restraining order under this section may be made to the Magistrates Court by a police officer.

        (1)         On the hearing of an application under this section, the Magistrates Court may make a restraining order against the defendant if—

            (a)         the defendant—

                  (i)         is required to comply with the reporting obligations imposed by Part 3 of the Child Sex Offenders Registration Act 2006 ; or

                  (ii)         has been found—

                        (A)         loitering near children; or

                        (B)         using the internet to communicate with children or persons whom the defendant believed to be children (other than children or persons with whom the defendant has some good reason to communicate),

on at least 2 occasions and there is reason to think that the defendant may, unless restrained, again so loiter or so use the internet; and

            (c)         the Magistrates Court is satisfied that the making of the order is appropriate in the circumstances.

        (2)         A restraining order under this section may restrain the defendant from 1 or more of the following:

            (a)         loitering—

                  (i)         near children at or in the vicinity of a specified place or class of places or in specified circumstances; or

                  (ii)         near children in any circumstances;

            (b)         using the internet or using the internet in a manner specified in the order;

            (c)         owning, possessing or using a computer or other device that is capable of being used to gain access to the internet.

        (3)         In considering whether or not to make a restraining order under this section and in considering the terms of the restraining order, the Magistrates Court must have regard to the following:

            (a)         whether the defendant's behaviour has aroused, or may arouse, reasonable apprehension or fear in a child or other person;

            (b)         whether there is reason to think that the defendant may, unless restrained, commit a sexual offence against a child or otherwise act inappropriately in relation to a child;

            (c)         the prior criminal record (if any) of the defendant;

            (d)         any evidence of sexual dysfunction suffered by the defendant;

            (e)         any apparent pattern in the defendant's behaviour, any apparent connection between the defendant's behaviour and the presence of children and any apparent justification for the defendant's behaviour;

            (ea)         any apparent pattern in the defendant's use of the internet (if any) to contact children;

            (f)         any other matter that, in the circumstances of the case, the Magistrates Court considers relevant.

        (4)         For the purposes of this section, a defendant "loiters near children if the defendant loiters, without reasonable excuse, at or in the vicinity of a school, public toilet or place at which children are regularly present, whether or not children are actually present at the school, public toilet or place.