South Australian Current Acts

CRIMINAL PROCEDURE ACT 1921 - SECT 99H

99H—Registration of foreign restraining orders

        (1)         The Principal Registrar may, subject to the rules, register a foreign restraining order in the Magistrates Court.

        (2)         Subject to subsection (3), a registered foreign restraining order has the same effect, and may be enforced in the same way, as a restraining order made under this Division.

        (3)         The Magistrates Court may—

            (a)         give such directions; and

            (b)         make such adaptations or modifications to the order (as it applies in this State),

as the Magistrates Court considers necessary or desirable for the effective operation of the order in this State.

        (4)         The Magistrates Court may—

            (a)         vary a registered foreign restraining order as it applies in this State; or

            (b)         cancel the registration of a foreign restraining order,

at any time on application—

            (c)         by a police officer; or

            (d)         by the person for whose benefit the order was made; or

            (e)         by the person against whom the order was made.

        (5)         If a foreign restraining order is registered under this section, the Principal Registrar must forward a copy of the order to the Commissioner of Police.

        (6)         If the Magistrates Court varies a registered foreign restraining order as it applies in this State, or cancels the registration of the order, the Principal Registrar must notify the Commissioner of Police of the variation or cancellation.