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AUSTRALIAN FEDERAL POLICE ACT 1979 - SECT 49D

Affidavit of police officer needed in certain cases

  (1)   Where an application is made for a restraining order and the defendant has not been convicted of the offence concerned, the court must not make a restraining order unless:

  (a)   the application for the order is supported by an affidavit of a police officer stating that the officer believes the defendant committed the offence; and

  (b)   the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for so believing.

  (2)   Where an application for a restraining order is made against specified property of a person other than the defendant, the court must not make a restraining order against the property unless:

  (a)   the application is supported by an affidavit of a police officer stating that the officer believes that the property is subject to the effective control of the defendant; and

  (b)   the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for so believing.

  (3)   An affidavit made by a police officer for the purpose of this section stating that the officer believes a particular matter must set out the grounds on which the officer holds that belief.

  (4)   The court may, at any time before the final determination of an application for:

  (a)   a restraining order; or

  (b)   an extension of the period of effect of a restraining order;

direct the DPP to give or publish notice of the application to a specified person or class of persons in the manner and within the time the court thinks appropriate.

  (5)   In this section:

"police officer" means a member of the Australian Federal Police or of the police force of a State or Territory.



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