Victorian Numbered Acts

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STALKING INTERVENTION ORDERS ACT 2008 (NO. 68 OF 2008) - SECT 15

Warrant may issue on certain applications

    (1)         If an application has been made for an intervention order, the registrar may—

        (a)     issue a summons to the respondent to attend court for the hearing of the application; or

        (b)     issue a warrant, in accordance with subsection (2), to arrest the respondent as if the application alleged the commission of an offence.

    (2)     The registrar may issue a warrant to arrest the respondent if—

        (a)         the application alleges that the respondent has stalked the affected person; and

        (b)     the registrar is satisfied that the personal safety of the affected person would be seriously threatened or that damage would be likely to be caused to any property of the affected person unless the respondent was arrested and brought into custody.

    (3)     If a warrant has been issued to arrest a respondent, any police officer may arrest the respondent although the execution copy of the warrant is not in the police officer's possession at the time of the arrest.

    (4)         For the avoidance of doubt, a magistrate may issue a warrant to arrest in the circumstances set out in subsection (2).

Note

Division 3 of Part 4 of the Magistrates' Court Act 1989 contains provisions for the issuing of warrants. Section 57(4) of that Act provides that all warrants, other than a search warrant, may be issued by a registrar or a magistrate.



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