Western Australian Current Acts Western Australian Current Acts (1) Subject to
section 48, at a hearing fixed under section 47 of an application made under
section 45 the court may —
(a)
dismiss the application; or
(b) if
it decides to vary an interim order or a final order —
(i)
cancel the original order and make a replacement order
that contains the variations;
[(ii) deleted]
or
(c) if
it decides to cancel an interim order or a final order, cancel the order.
(1a) At a hearing
fixed under section 48A the court may cancel the original restraining order.
(1b) If a court varies
an interim order by cancelling it and making a new one, any objection that the
respondent made to the cancelled order applies to the new order and the new
order is to be dealt with accordingly.
(2) The registrar is
to prepare and serve an order made under subsection (1) or (1a).
(3) If the court
cancels a restraining order the registrar —
(a) if
the person protected by the order was not present at the hearing, is to notify
that person; and
(b) if
the person who was bound by the order was not present at the hearing, is to
notify that person; and
(c) is
to notify the Commissioner of Police; and
(d) if
the court is aware that the cancelled order is registered in a court of
another State or Territory under a law equivalent to Part 7, is to notify the
relevant officer of that court.
(4) The cancellation
of an order under subsection (1) has effect —
(a) if
another order is made when the original order is cancelled, at the time the
new order comes into force; or
(b)
otherwise, at the conclusion of the hearing at which the order was cancelled.
(5) The cancellation
of an order under subsection (1a) has effect at the conclusion of the hearing
at which the order is cancelled.
[Section 49 amended: No. 38 of 2004 s. 33; No. 59
of 2004 s. 123; No. 5 of 2008 s. 98; No. 30 of 2020 s. 70.]