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Version status: In force | Document consolidation status: No known changes
Version date: 26 April 2023 - onwards
Version 2 of 2

81. Insertion of new sections 96A and 96B into Principal Act

The Principal Act is amended by the insertion of the following sections after section 96:

"96A. Temporary prohibition order

(1) Where the Director considers, while he or she is conducting an investigation under section 15, 30, 47 or 76, as the case may be, that an immediate prohibition of a decision-making assistant, co-decision-maker, decision-making representative or attorney for a relevant person from acting as such is necessary because of an immediate risk of harm to the relevant person or the property of the relevant person, he or she may make an application to the court for a temporary prohibition order under subsection (3) pending the resolution, by the Director or the court, as the case may be, of his or her investigation.

(2) Where an application under subsection (1) for an order is made ex parte, it shall be grounded on an affidavit sworn by the Director or by a person to whom that function is delegated under section 98(2).

(3) The court may, on an application under subsection (1), make an order (in this section referred to as a 'temporary prohibition order') prohibiting the decision-making assistant, co-decision-maker, decision-making representative or attorney concerned from acting as such for the relevant person concerned for a period of time, or until the occurrence of an event, specified in the order where, having regard to the circumstances of the case, the court considers it necessary to do so for the protection of the relevant person or the property of the relevant person.

(4) An order under this section -