If the Court makes an urgent interim order, the applicant must arrange personal service of the interim order on the respondent as soon as practicable, and file an Affidavit of Service within 2 business days of service. An urgent interim order does not come into force until the order is served personally on the respondent (see subsection 18(1) of the Act).
If the Court makes a final or interim order and the respondent is not present, the Applicant must arrange personal service of the interim order on the respondent as soon as practicable, and file an Affidavit of Service within 2 business days of service. A final or interim order comes into force:
- if the respondent is present at the making of the order—at the time the order is made; or
- if the respondent is not present at the making of the order—at the time the order is personally served on the respondent.
Pursuant to section 44 of the Commonwealth Workplace Protection Orders Act 2025 (CWPO Act), the Applicant must give a copy of this order to the firearms registry (however described) of each State and Territory as soon as practicable.
Offence
It is a criminal offence to breach a Commonwealth workplace protection order.
If an order is in force and a person breaches any of its conditions, they may face up to 2 years’ imprisonment, a fine, or both.
Seeking to vary or revoke an order
A respondent or an authorised person may apply for a Commonwealth workplace protection order to be varied or revoked by filing an Interlocutory Application.
A respondent or an authorised person considering making an application to vary or amend a Commonwealth workplace protection should review sections 26 to 30 of the CWPO Act.
