Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 62F

62F .         Detention of respondent during telephone hearing or while police order is being made

        (1)         If —

            (a)         a telephone application has been, or is about to be, made; or

            (b)         a police order is being made,

                a police officer may, without a warrant and in order to facilitate service of any resulting order on the person against whom the order is being, or is to be, sought or made —

            (c)         order that person to remain in a place designated by the police officer, or accompany the police officer to a police station or some other place and wait at that place, while —

                  (i)         the telephone application is made and heard; or

                  (ii)         the police order is made;

                and

            (d)         if the person does not, or the police officer reasonably believes the person will not, comply with the order under paragraph (c), arrest and detain the person in custody for up to 2 hours.

        (1A)         A person who, without reasonable excuse, does not comply with an order under section 62F(1)(c) commits an offence.

        Penalty for this subsection: a fine of $3 000 or imprisonment for 12 months.

        (2)         If a police officer suspects on reasonable grounds that a restraining order has been made but not served on the person who is bound by it, the officer may, without a warrant and in order to facilitate service of the order on the person —

            (a)         order that person to remain in a place designated by the police officer, or accompany the police officer to a police station or some other place and wait at that place, while the officer gets the restraining order; and

            (b)         if the person does not, or the officer reasonably believes the person will not, comply with the order under paragraph (a), arrest and detain the person in custody for up to 2 hours.

        (3)         A person who, without reasonable excuse, does not comply with an order under section 62F(2)(a) commits an offence.

        Penalty for this subsection: a fine of $3 000 or imprisonment for 12 months.

        [Section 62F inserted: No. 38 of 2004 s. 43(1); amended: No. 5 of 2008 s. 103; No. 49 of 2016 s. 68.]

        [Section 62F. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.]