(1) When considering
whether to make an MRO for reasons referred to in section 34(a)(i) or (ii) and
the terms of the order a court is to have regard to —
(a) the
need to ensure that —
(i)
the person seeking to be protected is protected from
intimidatory or offensive behaviour; and
(ii)
property owned by, or in the possession of, the person
seeking to be protected is protected from damage;
and
(b) the
wellbeing of children who are likely to be affected by the respondent’s
behaviour or the operation of the proposed order; and
(c) the
accommodation needs of the respondent and the person seeking to be protected;
and
(d)
hardship that may be caused to the respondent if the order is made; and
[(e) deleted]
(f)
other current legal proceedings involving the respondent or the person seeking
to be protected; and
(g) any
criminal convictions of the respondent; and
(h) any
previous similar behaviour of the respondent whether in relation to the person
seeking to be protected or otherwise; and
(i)
other matters the court considers relevant.
(2) When considering
whether to make an MRO for reasons referred to in section 34(a)(iii) and the
terms of the order a court is to have regard to —
(a) the
need to ensure that the public is protected from breaches of the peace; and
(b) the
wellbeing of children who are likely to be affected by the respondent’s
behaviour or the operation of the proposed order; and
(c) the
accommodation needs of the respondent; and
(d)
hardship that may be caused to the respondent if the order is made; and
[(e) deleted]
(f) any
criminal convictions of the respondent; and
(g)
other current legal proceedings involving the respondent; and
(h)
other matters the court considers relevant.
(2A) When considering
whether to make an MRO for reasons referred to in section 34(a)(iv) and the
terms of the order, a court is to have regard to —
(a) the
need to ensure that the following persons are protected from the effects of an
offence under The Criminal Code section 70A(2A) —
(i)
a person engaged in animal source food production, as
defined in The Criminal Code section 70A(1);
(ii)
a family member, as defined in The Criminal Code section
70A(1), of a person referred to in subparagraph (i);
and
(b) the
wellbeing of children who are likely to be affected by the respondent’s
behaviour or the operation of the proposed order; and
(c) the
accommodation needs of the respondent; and
(d)
hardship that may be caused to the respondent if the order is made; and
(e) any
criminal convictions of the respondent; and
(f)
other current legal proceedings involving the respondent; and
(g)
other matters the court considers relevant.
(3) A court is to have
regard to the matters set out in subsections (1)(a) and (b), (2)(a) and (b)
and (2A)(a) and (b) as being of primary importance.
[Section 35 amended: No. 38 of 2004 s. 19, 54, 55,
56 and 57(5); No. 49 of 2016 s. 41; No. 5 of 2023 s. 14.]