Prostitution (Restraining Orders) Regulations 2000 (WA)

Western Australia Prostitution Act 2000 Prostitution (Restraining Orders) Regulations 2000 Western Australia Prostitution (Restraining Orders) Regulations 2000 Contents 1. Citation 1 2. Commencement 1 3. Forms 1 4. Affidavit 1 5. Orders under section 37 1 6. Service of applications 2 7. Service of restraining orders 2 8. Notification 2 Schedule 1 — Forms Notes Compilation table 39 Western Australia Prostitution Act 2000 Prostitution (Restraining Orders) Regulations 2000

1. Citation These regulations may be cited as the Prostitution (Restraining Orders) Regulations 2000.

2. Commencement These regulations come into operation on the day on which the Prostitution Act 2000 comes into operation.

3. Forms (1) The forms set out in Schedule 1 are prescribed in relation to the matters specified in those forms. (2) It is sufficient compliance with the Act if a form substantially in compliance with the prescribed form is used.

4. Affidavit An affidavit accompanying an application for leave to apply to vary or cancel a restraining order is to be sworn before a justice.

5. Orders under section 37 (1) When a court makes a restraining order under section 37 of the Act the court is to make a written record of the proceedings in the prescribed form and cause the form to be placed on the court records. (2) For the purposes of section 42 of the Act, when a court makes a restraining order under section 37 of the Act, the order is taken to have been made on the application of the Commissioner of Police.

6. Service of applications (1) A person making an application under section 38 of the Act for a restraining order must cause a copy of the application to be served on the person sought to be restrained. (2) A person making an application under section 42 of the Act to vary or cancel a restraining order must cause a copy of the application to be served on — (a) if the application is made by a police officer, the restrained person; or (b) if the application is made by the restrained person, the person on whose application the restraining order was made. (3) Part 6 Division 2 of the Restraining Orders Act 1997 applies in relation to the service of an application relating to a restraining order under the Act as if it were a summons relating to a restraining order under the Restraining Orders Act 1997.