(1) Any police officer
may serve a police order.
(2) A police order is
to specify —
(a) the
name of the person or persons for whose benefit the order is made; and
(b) the
name of the person on whose lawful activities and behaviour restraints are
imposed by the order.
(3) At the time a
police order is made or served, a police officer is to explain to the person
who is bound by the order, and the person for whose benefit the order is made
—
(a) the
purpose, duration, terms and effects of the order; and
(b) the
consequences that may follow if the person who is bound by the order
contravenes the order; and
(c) that
counselling and support service may be of assistance, and where appropriate,
the police officer is to refer the person to specific services.
(4) If a person to
whom an explanation is to be given under subsection (3) does not readily
understand English, or the police officer is not satisfied that the person
understood the explanation, the officer is, as far as practicable, to arrange
for someone else who is 18 years of age or older to give the explanation to
the person in a way that the person can understand.
(4A) However, a person
giving an explanation under subsection (4) must not be a person of a class
prescribed in the regulations.
(5) A police order is
not invalid merely because —
(a) a
police officer did not give the explanation referred to in subsection (3) or
arrange for someone else to give the explanation; or
(b) a
person whom the police officer arranged to give the explanation did not give
the explanation.
[Section 30E inserted: No. 38 of 2004 s. 18(1);
amended: No. 5 of 2008 s. 94; No. 49 of 2016 s. 39; No. 30 of 2020 s. 62.]