Victorian Numbered Acts Victorian Numbered Acts(1) For section 268(3) of the Principal Act substitute —
"(3) On an application under subsection (2) by a protective intervener, he or she may serve—
(a) unless paragraph (b) applies, a notice stating that an application for variation of the conditions included in the interim accommodation order will be made to the Court on a day and at a time specified in the notice; or
(b) if the child is the subject of an interim accommodation order made under section 262(1)(c), a notice directing—
(i) the child to appear before the Court; and
(ii) the parent or other person with whom the child is living to produce the child before the Court.".
(2) In section 268(5) of the Principal Act—
s. 35
(a) after "does not appear before the Court" insert ", in the case of a notice under subsection (3)(a), if ordered to do so by the Court or, in the case of a notice under subsection (3)(b),";
(b) in paragraph (a), for "take the child into safe custody" substitute "place the child in emergency care";
(c) in paragraph (b)—
(i) after "if
satisfied that the" insert
"order or"; and
(ii) for "taken into safe custody" substitute "placed in emergency care".
(3) For section 268(6) of the Principal Act substitute —
"(6) Sections 241 and 242 apply, or if the child is the subject of an interim accommodation order made under section 262(1)(c) sections 247(2) and 247A apply, with any necessary modifications to—
(a) the placing of a child in emergency care (with or without a warrant) under this section; and
(b) the issue and execution of a search warrant under this section.".
(4) After section 268(7) of the Principal Act insert —
"(8) If the child is not required to appear before the Court on the hearing of an application under this section, the Court may hear and determine the application in the absence of the child.".