Document ID: chunk:federal_register_of_legislation:C2023C00156:section:49d
Version: federal_register_of_legislation:C2023C00156
Segment Type: section
Provision Reference: s 49D
Character Range: 227991–229711

49D  Affidavit of police officer needed in certain cases
 (1) Where an application is made for a restraining order and the defendant has not been convicted of the offence concerned, the court must not make a restraining order unless:
 (a) the application for the order is supported by an affidavit of a police officer stating that the officer believes the defendant committed the offence; and
 (b) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for so believing.
 (2) Where an application for a restraining order is made against specified property of a person other than the defendant, the court must not make a restraining order against the property unless:
 (a) the application is supported by an affidavit of a police officer stating that the officer believes that the property is subject to the effective control of the defendant; and
 (b) the court is satisfied, having regard to the matters contained in the affidavit, that there are reasonable grounds for so believing.
 (3) An affidavit made by a police officer for the purpose of this section stating that the officer believes a particular matter must set out the grounds on which the officer holds that belief.
 (4) The court may, at any time before the final determination of an application for:
 (a) a restraining order; or
 (b) an extension of the period of effect of a restraining order;
direct the DPP to give or publish notice of the application to a specified person or class of persons in the manner and within the time the court thinks appropriate.
 (5) In this section:
police officer means a member of the Australian Federal Police or of the police force of a State or Territory.