s. 10 9 Restraining orders (1) The County Court may grant an order restraining S. 9(1) amended by a person from engaging in conduct that constitutes No. 2/2008 or would constitute an offence against this Act if s. 29(a). the Court is satisfied that the person has wilfully and repeatedly engaged in conduct of that kind. (2) An order may only be granted under subsection (1) on the application of— (a) in the case of conduct that constitutes or would constitute an offence against this Act— (i) the Secretary; or S. 9(2)(a)(i) substituted by No. 112/2003 s. 7(2). (ii) an employee within the meaning of the S. 9(2)(a)(ii) amended by Public Administration Act 2004 who Nos 46/1998 is authorised in writing by the Minister s. 7(Sch. 1), 108/2004 to apply, either generally or in relation s. 117(1) to the particular case; or (Sch. 3 item 182.3). * * * * * S. 9(2)(b) repealed by No. 2/2008 s. 29(b). S. 9(2)(c) (c) in any case, a person aggrieved by the amended by conduct that constitutes or would constitute No. 2/2008 an offence against this Act. s. 29(c). (3) The County Court may rescind or vary an order granted under subsection (1). S. 9(4) (4) The County Court may exercise its powers under amended by this section in relation to a person whether or not No. 2/2008 s. 29(d). proceedings have been brought against the person for an offence against this Act. 10 Supreme Court—limitation of jurisdiction
9 Restraining orders S. 9(1) amended by No. 2/2008 s. 29(a). (1) The County Court may grant an order restraining a person from engaging in conduct that constitutes or would constitute an offence against this Act if the Court is satisfied that the person has wilfully and repeatedly engaged in conduct of that kind. (2) An order may only be granted under subsection (1) on the application of— (a) in the case of conduct that constitutes or would constitute an offence against this Act— S. 9(2)(a)(i) substituted by No. 112/2003 s. 7(2). (i) the Secretary; or S. 9(2)(a)(ii) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 182.3). (ii) an employee within the meaning of the Public Administration Act 2004 who is authorised in writing by the Minister to apply, either generally or in relation to the particular case; or S. 9(2)(b) repealed by No. 2/2008 s. 29(b). * * * * * S. 9(2)(c) amended by No. 2/2008 s. 29(c). (c) in any case, a person aggrieved by the conduct that constitutes or would constitute an offence against this Act. (3) The County Court may rescind or vary an order granted under subsection (1). S. 9(4) amended by No. 2/2008 s. 29(d). (4) The County Court may exercise its powers under this section in relation to a person whether or not proceedings have been brought against the person for an offence against this Act. 10 Supreme Court—limitation of jurisdiction s. 10
96-38a043.docx