The Magistrates Court may, if satisfied that it is appropriate in the circumstances, make a paedophile restraining order in respect of a person who:
[See Criminal Procedure Act 1921 (SA) s 99AA(1) and Uniform Special Statutory Rules 2022 (SA) Chapter 3 Part 11.]
In considering whether to make an order, the Court will consider a number of factors including [s 99AA(3)]:
A paedophile restraining order may stop a person [s 99AA(2)]:
It is an offence to contravene a paedophile restraining order, with a maximum penalty of imprisonment for 2 years [s 99I].
Police have special search and seize powers in respect of a person who is subject to a paedophile restraining order with a condition that relates to internet use [see s 99AAB]. If police wish to search such a person's computer or other device, it may be an offence to refuse to give them the password or code [s 99AAB(2)].
A police officer, the person for whose benefit the order was made, or the person subject to the order may apply to the Magistrates Court to have a paedophile restraining order varied or revoked [s 99F]. The person subject to the order may only apply with the Court's permission and must show that there has been a substantial change in circumstances since the order was made [s 99F(1a)].
See also Registration of child sex offenders.