(1) In making an MRO a
court may impose such restraints on the lawful activities and behaviour of the
respondent as the court considers appropriate to prevent the respondent
—
(a)
behaving in a manner that could reasonably be expected to be intimidating or
offensive to the person seeking to be protected and that would, in fact,
intimidate or offend the person seeking to be protected; or
(b)
causing damage to property owned by, or in the possession of, the person
seeking to be protected; or
(c)
behaving in a manner that is, or is likely to lead to, a breach of the peace;
or
(d)
committing an offence under The Criminal Code section 70A(2A).
(2) Without limiting
the restraints that may be imposed for the purposes of subsection (1)(a) or
(b), a court may restrain the respondent from doing all or any of the
following —
(a)
being on or near premises where the person seeking to be protected lives or
works;
(b)
being on or near specified premises or in a specified locality or place;
(c)
approaching within a specified distance of the person seeking to be protected;
(ca)
stalking the person seeking to be protected;
(d)
communicating, or attempting to communicate, (by whatever means) with the
person seeking to be protected;
[(e) deleted]
(f)
being in possession of a firearm item or firearms authorisation, or applying
for a firearms authorisation;
(fa)
being in possession of any explosives or an explosives licence, or applying
for an explosives licence;
(g)
causing or allowing another person to engage in conduct of a type referred to
in paragraphs (a) to (fa).
(3) Without limiting
the restraints that may be imposed for the purposes of subsection (1)(c) or
(d), a court may restrain the respondent from doing all or any of the
following —
(a)
being on or near specified premises or in a specified locality or place; or
(b)
engaging in behaviour of a specified kind, either at all or in a specified
place, at a specified time or in a specified manner; or
(c)
being in possession of a firearm item or firearms authorisation, or applying
for a firearms authorisation; or
(d)
being in possession of any explosives or an explosives licence, or applying
for an explosives licence.
(4) A restraint may be
imposed on the respondent on such terms as the court considers appropriate.
(5) An MRO may
restrain the respondent from entering or remaining in a place, or restrict the
respondent’s access to a place, even if the respondent has a legal or
equitable right to be at the place.
(6) If an MRO
restrains the respondent from being in possession of a firearm item or
firearms authorisation, or applying for a firearms authorisation, sections 14
and 62E apply as if the MRO were a VRO (as those sections apply in relation to
firearm items and firearms authorisations).
(7) If an MRO
restrains the respondent from being in possession of any explosives or an
explosives licence, or applying for an explosives licence, sections 14A and
62E apply as if the MRO were a VRO (as those sections apply in relation to
explosives and explosives licences).
[Section 36 amended: No. 38 of 2004 s. 21, 43(4),
54 and 56; No. 49 of 2016 s. 43; No. 30 of 2020 s. 64; No. 13 of 2022 s. 80
and 81; No. 5 of 2023 s. 15.]