(1) A court may make
an interim child protection order prohibiting a reportable offender from
engaging in conduct specified in the order if it appears to the court that it
is necessary to do so —
(a) to
prevent an immediate risk to the lives or the sexual safety of one or more
children, or children generally; or
(b) if
the reportable offender is in government custody — to prevent such a
risk from arising on the offender’s release from government custody.
(2) For the purposes
of subsection (1), it is not necessary that the court be able to identify a
risk to a particular child or particular children or a particular class of
children.
(3) Section 90 does
not apply to an application for an interim protection order.
(4) An interim
protection order may be made by a court whether or not —
(a) the
reportable offender is present at the proceedings; or
(b) the
reportable offender has been notified of the proceedings.
(5A) Despite
section 88, a court sentencing a reportable offender for an offence may, after
imposing the sentence —
(a) hear
an application for an interim protection order; and
(b)
dispose of the application in accordance with section 89.
(5) When an interim
protection order is made by a court, the court must —
(a)
subject to subsection (6A), fix a day, time and place for a further hearing of
the application as soon as is practicable after the interim protection order
is made; and
(b)
issue a summons requiring the reportable offender to attend the court for the
further hearing.
(6A) If the reportable
offender is in government custody when an interim protection order is made,
the court must fix the further hearing of the application for a time after the
offender’s release from government custody.
(6) The registrar must
—
(a)
prepare the summons in the prescribed form; and
(b)
cause the summons to be served on the reportable offender; and
(c)
notify the applicant of the further hearing.
(7) An interim
protection order remains in force until the further hearing unless, at the
request of the applicant, the application is sooner discontinued.
(8) At the further
hearing, section 90 applies to the application.
[Section 92 amended: No. 54 of 2012 s. 31 and
42(2).]