(1) If a respondent
—
(a)
returns the respondent’s endorsement copy of an interim order in
accordance with section 31; and
(b)
indicates on it that the respondent does not object to the interim order
becoming final,
the interim order
becomes a final order with the same terms as the interim order.
(2) If a respondent
does not return the respondent’s endorsement copy of an interim order in
accordance with section 31, the interim order becomes a final order with the
same terms as the interim order.
(3) A final order
under this section comes into force —
(a) in
the case of an order under subsection (1), on the day on which the registrar
receives the returned copy of the order; and
(b) in
the case of an order under subsection (2), at the end of the 21 day period
referred to in section 31.
(4) The registrar is
to notify the respondent, the applicant and the Commissioner of Police when an
order becomes a final order under this section.
(5) Where an interim
order (the earlier order ) becomes a final order under subsection (2), the
respondent may within 21 days of being notified under subsection (4), or such
further period as the court may allow at a hearing fixed under subsection (6),
apply to the court, in the prescribed form setting out the grounds of the
application, to have that final order set aside.
(6) On receiving an
application under subsection (5) the registrar is to fix a hearing, to be held
in the absence of the other party to the proceedings, at which, subject to
subsection (7), the court —
(a)
where the application was made out of time, is to grant leave for the person
to continue the application out of time if satisfied that there was a
reasonable excuse for not commencing the application within the time allowed;
and
(b)
after taking into account the grounds of the application, is to —
(i)
adjourn the hearing of the matter to allow the other
party to oppose the application if the court is satisfied that the respondent
may have had a reasonable cause not to return the respondent’s
endorsement copy of the earlier order in accordance with section 31; or
(ii)
dismiss the application.
(7) If the respondent
does not attend a hearing fixed under subsection (6), the court, if it is
satisfied that the respondent was notified of the hearing, is to dismiss the
application.
(8) If the court
adjourns the hearing of the matter under subsection (6)(b)(i) the registrar is
to fix a hearing and summons the other party to the hearing.
(9) At a hearing fixed
under subsection (8), where the other party is present, or if the other party
is not present the court is satisfied the other party was served with the
summons, the court is to hear the matter and —
(a) if
satisfied that the respondent had reasonable cause not to return the
respondent’s endorsement copy of the earlier order in accordance with
section 31, is to set aside the final order; or
(b) is
to dismiss the application.
(10) Where, under
subsection (9)(a), the court sets aside the final order —
(a) the
court is to make an interim order in the same terms as the earlier order,
unless any new ground or matter is raised at the hearing fixed under
subsection (6) or (8); and
(b)
section 33 applies as if the respondent had —
(i)
returned the respondent’s endorsement copy of the
interim order in accordance with section 31; and
(ii)
indicated on it that the respondent objected to the
interim order becoming final.
[Section 32 amended: No. 59 of 2004 s. 123; No. 32
of 2011 s. 12.]