29/Jul/2000 - Current (at 31 Dec 2005)
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40. Terms of restraining order

(1) If the restraining order is made under section 37, it may impose any restraints on the lawful activities and behaviour of the person against whom it is made that the court considers appropriate to prevent the person from subsequently committing an offence similar in kind to the offence the person is found to have committed or from subsequently giving a police officer grounds for giving the person a direction under section 24.

(2) If the restraining order is made under section 38, it may impose any restraints on the lawful activities and behaviour of the person against whom it is made that the court considers appropriate to prevent the person from subsequently giving a police officer grounds for giving the person a direction under section 24.

(3) Without limiting the restraints that may be imposed, the order may restrain the person against whom it is made from

(a) being on or near specified premises or in a specified locality or place;

(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.

(4) A restraint may be imposed absolutely or on any terms the court considers appropriate.

(5) A restraining order may restrain the person against whom it is made from entering or remaining in a place, or restrict the person's access to a place, even if the person has a legal or equitable right to be there.


Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.