(1) A restraining
order may be prepared in a manner authorised under the rules of court and the
rules may make provision for —
(a)
serving the respondent’s copy and the respondent’s endorsement
copy (if 1 is required to be served) of the order on the person who is bound
by the order; and
(b)
delivering the applicant’s copy of the order to —
(i)
the person seeking to be protected by the order; or
(ii)
the parent or guardian of that person, if the parent or
guardian made the application for the order on behalf of that person;
and
(c)
delivering the police copy of the order to the Commissioner of Police; and
(d)
placing the court copy of the order on the court’s records.
(1A) If a restraining
order is taken to have been served under section 55(3a), the
respondent’s copy and the respondent’s endorsement copy are not
required to be served under rules of court made under subsection (1)(a) but
are to be —
(a)
delivered to the respondent; and
(b) if
rules of court make provision for delivery under paragraph (a) —
delivered in accordance with those rules.
(2) If an authorised
person is to prepare and serve a telephone order the person is to prepare the
order in the prescribed form in accordance with the instructions of the
authorised magistrate who made the order and cause —
(a) the
respondent’s copy and the respondent’s endorsement copy of the
order to be served on the respondent; and
(b) the
applicant’s copy of the order to be delivered to —
(i)
the person seeking to be protected by the order; or
(ii)
the parent or guardian of that person, where the parent
or guardian made the application for the order on behalf of that person;
and
(c) the
police copy of the order to be delivered to the Commissioner of Police; and
(d) the
court copy of the order to be delivered to the Magistrates Court at the place
where the authorised magistrate who made the order sits.
(3) The registrar of
the Magistrates Court to which the court copy of the order is delivered under
subsection (2)(d) is to cause the order to be delivered to the authorised
magistrate who made it and a copy of it to be delivered —
(a) if
the respondent is a child, to the Children’s Court; or
(b)
otherwise, to the Magistrates Court,
at the place nearest
to where the respondent lives.
(3a) The registrar of
the court to which an order is delivered under subsection (3) is to register
it.
(4) If a police
officer is to prepare and serve a police order the officer is to prepare the
order in the form prescribed in the regulations and cause —
(a) the
person to be bound by the order to be personally served with it; and
(b) a
copy of the order to be given to the person for whose benefit the order is to
be made; and
(c) the
police copy of the order to be delivered to the Commissioner of Police.
[Section 10 amended: No. 38 of 2004 s. 10, 18(3)
and 38(4); No. 59 of 2004 s. 123 and 124; No. 5 of 2008 s. 92; No. 49 of 2016
s. 13; No. 13 of 2020 s. 32.]
[Heading inserted: No. 49 of 2016 s. 14.]