Australian Capital Territory Numbered Regulations

PROTECTION ORDERS REGULATIONS 2002 (2002 NO 6) - REG 15

    (1)     This regulation applies to an application if the respondent—

        (a)     is the person claimed to have committed the violence that is the subject of the application; and

        (b)     has been served with a copy of the application and notice about the proceeding under the Act, section 16 (Service of application); and

        (c)     does not appear in person at the Magistrates Court when the application is returned before the court.

    (2)     The Magistrates Court must—

        (a)     decide the application in the respondent's absence; or

        (b)     if the court considers it appropriate—

              (i)     issue a warrant for the respondent to be apprehended and brought before the court; and

              (ii)     adjourn the proceeding until the respondent is brought before the court.

    (3)     This regulation does not prevent the Magistrates Court from making an interim order in the proceeding.