Australian Capital Territory Current Acts

CRIMES (CHILD SEX OFFENDERS) ACT 2005 - SECT 132H

    (1)     The Magistrates Court may make an order (an interim prohibition order ) prohibiting a person from engaging in conduct if satisfied that —

        (a)     the person is a registrable offender; and

        (b)     having regard to the nature or pattern of conduct stated in the application to have been engaged in by the person, the person poses a risk to the lives or sexual safety of 1 or more children, or of children generally; and

        (c)     it is necessary to make the interim prohibition order to reduce the risk until the application for the prohibition order is decided.

Note     For the kind of conduct the Magistrates Court may prohibit, see s 132F.

    (2)     For subsection (1), it is not necessary for the Magistrates Court to identify a risk to a particular child, particular children, or a particular class of children.

    (3)     The Magistrates Court may make an interim prohibition order —

        (a)     only on an application for a prohibition order; and

        (b)     at any time during the proceeding on the application for the prohibition order to which it relates.

    (4)     The application for the prohibition order may be heard, and an interim prohibition order made, in the person's absence if the Magistrates Court is satisfied that the person was served with the application under section 132Z ( Service of applications) .

    (5)     If the Magistrates Court makes an interim prohibition order for a person, the court must set another return date for the application for the prohibition order for the person.