Western Australian Current Acts

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RESTRAINING ORDERS ACT 1997 - SECT 30E

30E .         Police order to be served and explained

        (1)         Any police officer may serve a police order.

        (2)         A police order is to specify —

            (a)         the name of the person or persons for whose benefit the order is made; and

            (b)         the name of the person on whose lawful activities and behaviour restraints are imposed by the order.

        (3)         At the time a police order is made or served, a police officer is to explain to the person who is bound by the order, and the person for whose benefit the order is made —

            (a)         the purpose, duration, terms and effects of the order; and

            (b)         the consequences that may follow if the person who is bound by the order contravenes the order; and

            (c)         that counselling and support service may be of assistance, and where appropriate, the police officer is to refer the person to specific services.

        (4)         If a person to whom an explanation is to be given under subsection (3) does not readily understand English, or the police officer is not satisfied that the person understood the explanation, the officer is, as far as practicable, to arrange for someone else who is 18 years of age or older to give the explanation to the person in a way that the person can understand.

        (4A)         However, a person giving an explanation under subsection (4) must not be a person of a class prescribed in the regulations.

        (5)         A police order is not invalid merely because —

            (a)         a police officer did not give the explanation referred to in subsection (3) or arrange for someone else to give the explanation; or

            (b)         a person whom the police officer arranged to give the explanation did not give the explanation.

        [Section 30E inserted: No. 38 of 2004 s. 18(1); amended: No. 5 of 2008 s. 94; No. 49 of 2016 s. 39; No. 30 of 2020 s. 62.]



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