Justices (Restraint Orders) Rules 2023 (Tas)

Justices (Restraint Orders) Rules 2023

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following rules under section 106M of the Justices Act 1959 .

11 September 2023

B. BAKER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Justice

1. Short title These rules may be cited as the Justices (Restraint Orders) Rules 2023 .

2. Commencement These rules take effect on 18 December 2023.

3. Interpretation (1) In these rules – Act means the Justices Act 1959 ; clerk has the same meaning as in the Justices Rules 2003 . (2) Unless the contrary intention appears, an expression used in these rules has the same meaning as it has in Part XA of the Act.

4. Applications generally (1) An application under Part XA of the Act is to – (a) specify the order sought; and (b) contain – (i) in the case of an application made by a police officer, a statutory declaration of the police officer that to the best of the officer's knowledge and belief the information contained in the application is true; or (ii) in the case of any other applicant, an affidavit of the applicant stating that to the best of the applicant's knowledge and belief the information contained in the application is true; and (c) be filed with the clerk. (2) Subrule (1) does not apply to an application under section 106GA(1) of the Act. (3) If an application, under section 106B(1) of the Act, for a restraint order is filed after a warrant has been issued under section 106C(1) of the Act in respect of a person to be restrained under the restraint order, the application is to state that the warrant has been issued.