When telephone application may be heard
20 When telephone application may be heard
An authorised magistrate may hear a telephone application if the authorised magistrate is satisfied that —
it would not be practical for an application for an FVRO or VRO to be made in person because of —
the time when, or the location at which, the behaviour complained of occurred, is occurring or is likely to occur; or
the urgency with which the order is required;
or
there is some other factor that justifies making an FVRO or VRO as a matter of urgency and without requiring the applicant to appear in person before a court.
If an authorised magistrate is not satisfied of those matters, the authorised magistrate is to dismiss the application.
The dismissal of a telephone application under subsection (2), or the failure by a police officer to make a police order, does not prevent an application for an FVRO or VRO being made in person in relation to the same facts.
[Section 20 amended: No. 38 of 2004 s. 18(5); No. 49 of 2016 s. 29.]
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