Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 15

Warrant may issue on certain applications

15. Warrant may issue on certain applications



(1) If an application has been made for an intervention order, the registrar
may-

   (a)  issue a summons to the respondent to attend court for the hearing of
        the application; or

   (b)  issue a warrant, in accordance with subsection (2), to arrest the
        respondent as if the application alleged the commission of an offence.

(2) The registrar may issue a warrant to arrest the respondent if-

   (a)  the application alleges that the respondent has stalked the affected
        person; and

   (b)  the registrar is satisfied that the personal safety of the affected
        person would be seriously threatened or that damage would be likely to
        be caused to any property of the affected person unless the respondent
        was arrested and brought into custody.

(3) If a warrant has been issued to arrest a respondent, any police officer
may arrest the respondent although the execution copy of the warrant is not in
the police officer's possession at the time of the arrest.





(4) For the avoidance of doubt, a magistrate may issue a warrant to arrest in
the circumstances set out in subsection (2).

Note Division 3 of Part 4 of the Magistrates' Court Act 1989 contains
provisions for the issuing of warrants. Section 57(4) of that Act provides
that all warrants, other than a search warrant, may be issued by a registrar
or a magistrate.