General interim orders—taken to be special interim orders if related charges laid
26 General interim orders—taken to be special interim orders if related charges laid
This section applies if—
the court makes a general interim order; and
after the general interim order is made, but before the final order is made, the respondent is charged with an offence; and
the charge is related to the application for the final order.
The general interim order is taken to be a special interim order—
in the same terms as the general interim order; and
subject to the same conditions as the general interim order.
The application for the final order must not be decided until all related charges are finalised (see s 31 (1)).
Unless section 31 (2) (Special interim orders—application not to be decided until related charges finalised) applies, the return date for a hearing to decide the application for the final order must be changed after all related charges are finalised to a day as soon as practicable after the day all related charges are finalised.
Under s 31 (2), an application for a final order may be finalised by the court before all related charges are finalised by consent or if a party is not present at a time when the application for the final order is returned before the Magistrates Court.
This Act’s bill:Explanatory statementSecond reading speech
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