After section 10 of the Principal Act , the following sections are inserted in Part 2:

10A.     Magistrate may make community protection order on application from Commissioner

(1)  If the Commissioner is satisfied that a reportable offender poses a risk to the safety or wellbeing of any child, or children, the Commissioner may apply to a magistrate for a community protection order prohibiting or restricting the movement, or conduct, of the reportable offender.

(2)  In relation to an application made under subsection (1) , a magistrate may make a community protection order relating to a reportable offender if the magistrate is satisfied that –

(a) the reportable offender poses a risk to the safety or wellbeing of any child or children; and

(b) the making of the community protection order will reduce that risk.

(3)  A community protection order relating to a reportable offender made under subsection (2) may for a period specified in the order not exceeding 12 months, or for any further period specified in the order that the magistrate considers reasonably necessary to prevent a risk to any child, or children, prohibit or restrict the following movement or conduct:

(a) the reportable offender associating with, or making contact or communicating with, a specified person, or persons of a specified class;

(b) the reportable offender being present at, or in the vicinity of, a specified place or specified premises or a place or premises of a specified class;

(c) the reportable offender undertaking specified employment or employment of a specified kind;

(d) the reportable offender consuming alcohol as defined in the Alcohol and Drug Dependency Act 1968 ;

(e) the reportable offender taking, or being in possession of, a controlled substance as defined in the Misuse of Drugs Act 2001 ;

(f) any other movement or conduct of a kind specified in the order if it is reasonably necessary to prohibit or restrict the movement or conduct in order to reduce the risk that a reportable offender poses to the safety or wellbeing of any child or children.

10B.     Magistrate may make interim community protection order

(1)  At any stage during proceedings under section 10A , a magistrate may make an interim community protection order relating to a reportable offender, if the magistrate is satisfied in accordance with section 10A(2) .

(2)  An interim community protection order relating to a reportable offender made under subsection (1) may prohibit or restrict the movement or conduct referred to in section 10A(3) .

(3)  An interim community protection order is revoked –

(a) when a community protection order in respect of the same parties takes effect under section 10A ; or

(b) on a date ordered by a magistrate –

whichever is the earlier.

(4)  An interim community protection order may be varied or extended at any time until the relevant application under section 10A has been determined.

(5)  An interim community protection order may be made, varied or extended in the absence of the person against whom it is made.

(6)  An interim community protection order or a variation or extension of such an order, takes effect –

(a) if the respondent to the application is present before the court when the interim community protection order, variation or extension is made – on the making of the order, variation or extension; or

(b) if the respondent to the application is not present before the court when the interim community protection order, variation or extension is made –when the respondent is served personally with the order, variation or extension or a copy of it.

(7)  Without limiting the power of the Supreme Court under section 107 of the Justices Act 1959 , on application by a person who is aggrieved by a decision of a magistrate made under this section or section 10A , the Supreme Court may –

(a) order a stay of any proceeding under the decision; or

(b) make any such other order in respect of the decision that the Supreme Court considers appropriate.