Western Australian Current Acts

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RESTRAINING ORDERS ACT 1997 - SECT 47

47 .         Registrar to issue summons

        (1)         If an application is made under section 45(1)(a) or (b), (2) or (3) the registrar is to fix a hearing for that purpose and summons the person who is bound by the order to the hearing.

        (2)         If a person who is bound by a restraining order is granted leave under section 46(4)(a) to continue an application the registrar is to fix a hearing for that purpose and summons to the hearing —

            (a)         if the person protected by the order is a child —

        [(i)         deleted]

                  (ii)         a parent or guardian of the child on behalf of the child; or

                  (iii)         a child welfare officer on behalf of the child,

                as the registrar considers appropriate; or

            (b)         if the person protected by the order is a person for whom a guardian has been appointed under the Guardianship and Administration Act 1990 , the guardian on behalf of the person; or

            (c)         otherwise, the person protected by the order.

        (3)         If a registrar fixes a hearing under subsection (2) in relation to an MRO made for the benefit of the public generally, the registrar is to notify the Commissioner of Police of the hearing and a police officer, nominated by the Commissioner, may attend at the hearing as if the officer were the applicant and had been summonsed under subsection (2).

        [Section 47 amended: No. 22 of 2000 s. 10(3) and 11; No. 38 of 2004 s. 30; No. 59 of 2004 s. 123; No. 49 of 2016 s. 53.]



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