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Women’s Charter 1961 · s 60C

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s 60CElectronic monitoring orders

(1)

This section applies if the court makes a protection order to restrain X from committing family violence against Y.

(2)

The court may make an electronic monitoring order requiring X to comply with one or more prescribed electronic monitoring arrangements if the court is satisfied, on a balance of probabilities, that the order is necessary for the protection or personal safety of Y.

(3)

If the court makes an electronic monitoring order against X, the court may also direct a prescribed person to put in place one or more prescribed electronic monitoring arrangements to secure the electronic monitoring of X’s whereabouts.

(4)

An electronic monitoring order and directions under subsection (3) may only be made on an application by a protector.

(5)

An electronic monitoring order and directions under subsection (3) may be made —

(a)

when the court makes the protection order against X; or

(b)

at any time while the protection order against X has effect.

(6)

An electronic monitoring order and directions under subsection (3) must be made for a specified period.

(7)

An electronic monitoring order and directions under subsection (3) may be varied, suspended or revoked by the court on an application by X or a protector.

(8)

If the protection order against X ceases to have effect, an electronic monitoring order and directions under subsection (3) also cease to have effect.

(9)

A person who knowingly contravenes an electronic monitoring order commits a family violence offence punishable under section 63C.