Queensland Consolidated Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 13I

13I Applying for temporary order

(1) The police commissioner may apply in the approved form to a magistrate for a temporary order for a person if the police commissioner—

(a) has the belief mentioned in section 13A (1) about the person; and

(b) also believes on reasonable grounds that—

(i) the making of a temporary order for the person is necessary to prevent an immediate risk of the respondent engaging in conduct posing a risk to the safety or wellbeing of 1 or more children, or of children generally; and

(ii) the making of the temporary order will reduce the risk.

(2) The application must state—

(a) the matters mentioned in section 13A (2) ; and

(b) why the police commissioner believes the temporary order is necessary.

(3) The application may be made without notice being given to the respondent, or a police officer may give notice, in the approved form, to the respondent stating—

(a) when and how the application will be made; and

(b) that the respondent—

(i) may be present before the magistrate when the application is made; and

(ii) may make submissions to the magistrate.

(4) The Police Powers and Responsibilities Act 2000 , sections 800 to 802 apply to the application for the temporary order as if the temporary order were a prescribed authority within the meaning of that Act.

Note—

The Police Powers and Responsibilities Act 2000 , sections 800 to 802 provide for obtaining prescribed authorities by phone, fax, radio, email or another similar facility.