Provisional amendment of protection order in special or exceptional circumstances
82B Provisional amendment of protection order in special or exceptional circumstances
This section applies if the Magistrates Court receives an application for an amendment under section 82 and the applicant—
is the protected person, or the applicant, for the protection order; and
seeks an urgent amendment (a provisional amendment) before the application for the amendment is decided.
The Magistrates Court may make the provisional amendment at any time before the application for the amendment is decided, and whether or not the respondent is present, if satisfied—
that there are special or exceptional circumstances that justify making the amendment; and
of the matters mentioned in section 83 (1).
If the Magistrates Court makes a provisional amendment, the registrar must as soon as practicable serve on the respondent a copy of the provisional amendment.
Section 82A deals with the holding of a preliminary conference in relation to an application made under s 82.
A provisional amendment ends on the earlier of the following:
the date the application for the amendment is decided;
12 months after the provisional amendment is made.
More than 1 provisional amendment may be in force in relation to the same application.
This Act’s bill:Explanatory statementSecond reading speech
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