Document ID: chunk:federal_register_of_legislation:C2021A00131:clause:1_192
Version: federal_register_of_legislation:C2021A00131
Segment Type: clause
Provision Reference: sch 1 cl 192
Character Range: 136135–136729

192  At the end of subsection 38I(1)
Add:
Note 2: The court may not make an order under subsection 38J(2), (3) or (4) if the proceeding under Division 105A of the Criminal Code relates to an application for a CDO (see subsections 38J(1) and (1A) of this Act, and the definition of Division 105A ESO proceeding in section 7 of this Act). If the court decides not to make the CDO and hears evidence in a closed hearing in relation to an ESO, the court could reconsider whether to make the CDO. However, the court could not take that evidence into account in determining whether to make the CDO.