Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (MISCELLANEOUS) ACT 2013 (NO. 77 OF 2013) - SECT 35

After section 116 of the Personal Safety Intervention Orders Act 2010 insert —

        " 116A     Applications for interstate orders—additional requirements for direction or search without warrant

If a police officer intends to serve or has served an application for an interstate order on a person, the police officer must not give a direction under section 115(2) or enter and search premises or a vehicle under section 116(2) unless—

        (a)     the police officer is satisfied, on the balance of probabilities, that the person has—

              (i)     committed prohibited behaviour against a person sought to be protected by the order and—

    (A)     is likely to continue to do so or do so again; and

    (B)     the person's prohibited behaviour would cause a reasonable person to fear for his or her safety; or

              (ii)     stalked a person sought to be protected by the order and is likely to continue to do so or do so again; or

        (b)     the police officer believes on reasonable grounds that the direction is, or entry and search are, necessary to ensure the safety of a person sought to be protected by the order pending final determination of the application.".