13.—(1) Where, upon an application for a protection order under section 12(2), the court is satisfied that —| (a) | there is prima facie evidence that —| (i) | the respondent has contravened section 3, 4, 5, 6 or 7 in respect of the victim; | | (ii) | the contravention referred to in sub‑paragraph (i) is likely to continue, or the respondent is likely to commit a contravention of section 3, 4, 5, 6 or 7 in respect of the victim imminently; and | | (iii) | the contravention referred to in sub‑paragraph (ii), if continued or committed, is likely to have a substantial adverse effect on the victim or the victim’s day‑to‑day activities; and |
| | (b) | it is just and equitable in all the circumstances for the protection order to be made on an expedited basis, |
| the court may, subject to section 21(1), make an expedited protection order providing any thing that may be provided in an order under section 12(2). |
[17/2019] (1A) For the purposes of subsection (1)(a)(i), the court is deemed to be satisfied that there is prima facie evidence that the respondent has contravened section 3, 4, 5, 6 or 7 in respect of a victim if —| (a) | the respondent has been convicted of an offence under section 3, 4, 5, 6 or 7, or an offence specified in the Schedule, in respect of the victim; or | | (b) | the court is satisfied that there is prima facie evidence that the respondent has voluntarily caused hurt (within the meaning given by section 321 of the Penal Code 1871) to the victim. [17/2019] |
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(1B) A court may, on an application for a protection order under section 12(2E), make an expedited protection order against a third party providing any thing that may be provided in a protection order under section 12(2E), if the court is satisfied that —| (a) | there is prima facie evidence that —| (i) | the respondent’s alleged contravention involves an offending communication; and | | (ii) | the publication of the offending communication or any communication that is substantially similar to the offending communication by any third party mentioned in that subsection is —| (A) | imminent or likely to continue; and | | (B) | likely to have a substantial adverse effect on the victim or the victim’s day‑to‑day activities; and |
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| | (b) | it is just and equitable in the circumstances to make the protection order on an expedited basis. [17/2019] |
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(1C) A court may, on an application for a protection order under section 12(2F), make an expedited protection order against an internet intermediary providing any thing that may be provided in a protection order under section 12(2F), if the court is satisfied that —| (a) | there is prima facie evidence that —| (i) | the respondent’s alleged contravention involves an offending communication; and | | (ii) | the publication of the offending communication by the respondent or the third party mentioned in section 12(2F) is —| (A) | imminent or is likely to continue; and | | (B) | likely to have a substantial adverse effect on the victim or the victim’s day‑to‑day activities; and |
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| | (b) | it is just and equitable in the circumstances to make the protection order on an expedited basis. [17/2019] |
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| (2) Subsections (1), (1B) and (1C) apply even if the notice of the application has not been served on the relevant party or has not been served on the relevant party within a reasonable time before the hearing of the application. [17/2019] |
(2A) An expedited protection order takes effect in respect of the relevant party —| (a) | when the order is served on the relevant party in such manner as may be prescribed; | | (b) | where the court dispenses with the service of the order, when the service of the order on the relevant party is dispensed with by the court; or | | (c) | at such later time as the court may specify. [17/2019] |
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(3) An expedited protection order ceases to have effect at the earlier of the following times:| (a) | when the application for a protection order mentioned in subsection (1) is determined or discontinued; | | (b) | when the expedited protection order is suspended or cancelled. [17/2019] |
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(3A) A court may vary, suspend or cancel the expedited protection order or extend the duration of the expedited protection order, on the application of —| (a) | the victim; | | (b) | the relevant party; or | | (c) | if the order requires an internet intermediary to disable access to a third party’s communication, that third party. [17/2019] |
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| (3B) The respondent must not make an application under subsection (3A) (to vary, suspend or cancel an expedited protection order) more than 28 days after the date the expedited protection order takes effect under subsection (2A), unless the court grants the respondent leave to do so. [17/2019] |
| (4) Section 12(4) applies, with the necessary modifications, to an expedited protection order. [17/2019] |
| (5) There is no appeal against a decision of the District Court made under this section. |
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