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This is a Bill, not an Act. For current law, see the Acts databases.
DOMESTIC VIOLENCE AND PROTECTION ORDERS AMENDMENT BILL 2005
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Domestic
Violence and Protection Orders Amendment Bill 2005
Contents
Page
Part
1.1 Bail Act 1992 22
Part 1.2 Children
and Young People Act 1999 24
Part 1.3 Court
Procedures Act 2004 27
Part 1.4 Crimes Act
1900 27
Part 1.5 Crimes
(Restorative Justice) Act 2004 28
Part 1.6 Dangerous
Substances Act 2004 29
Part 1.7 Domestic
Violence Agencies Act 1986 29
Part 1.8 Evidence
(Miscellaneous Provisions) Act 1991 30
Part 1.9 Firearms
Act 1996 30
Part 1.10 Firearms
Regulation 1997 31
Part 1.11 Health
Records (Privacy and Access) Act 1997 32
Part
1.12 Magistrates Court Act
1930 33
Part
1.13 Magistrates Court (Civil Jurisdiction)
Rules 2004 33
Part 1.14 Prohibited
Weapons Regulation 1997 33
Part 1.15 Protection
Orders Regulation 2002 34
Part
1.16 Rehabilitation of Offenders (Interim) Act
2001 35
2005
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Attorney-General)
Domestic Violence and
Protection Orders Amendment Bill 2005
A Bill for
An Act to amend the
Protection Orders Act
2001, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Domestic Violence and Protection Orders Amendment Act
2005.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Protection Orders Act 2001.
Note This Act also amends other legislation (see sch 1).
substitute
1 Name of Act
This Act is the Domestic Violence and Protection Orders Act
2001.
in part 1, insert
4A Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act
(see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence
penalties that are expressed in penalty units.
substitute
(b) to facilitate the safety and protection of people who fear or
experience violence by—
(i) providing a legally enforceable mechanism to prevent violent conduct;
and
(ii) allowing for the resolution of conflict without the need to resort to
adjudication.
7 Principles
for making protection ordersSection 6
(1)
substitute
(1) In deciding an application for a protection order, the paramount
consideration is—
(a) for a domestic violence order—the need to ensure that the
aggrieved person, and any child at risk of exposure to domestic violence, is
protected from domestic violence; and
(b) for a personal protection order (other than a workplace
order)—the need to ensure that the aggrieved person is protected from
personal violence; and
(c) for a workplace order—the need to ensure that employees and
other people at the workplace are protected from personal violence at the
workplace.
substitute
9 What is domestic violence
etc?
(1) For this Act, a person’s conduct is domestic violence
if it—
(a) causes physical or personal injury to a relevant person; or
(b) causes damage to the property of a relevant person; or
(c) is directed at a relevant person and is a domestic violence offence;
or
(d) is a threat, made to a relevant person, to do anything in relation to
the relevant person or another relevant person that, if done, would fall under
paragraph (a), (b) or (c); or
(e) is harassing or offensive to a relevant person; or
(f) is directed at a pet of a relevant person and is an animal violence
offence; or
(g) is a threat, made to a relevant person, to do anything to a pet of the
person or another relevant person that, if done, would be an animal violence
offence.
Note Relevant person—see dict.
(2) In this Act:
domestic violence offence means an offence
against—
(a) section 34 (which is about contravening protection orders);
or
(b) a provision of the Crimes Act 1900 mentioned in schedule 1
(which deals with domestic violence offences); or
(c) any of the following provisions of the Criminal Code:
(i) section 311 (Burglary);
(ii) section 403, section 404, section 405, section 406, section 407
or section 408 (which deal with property offences); or
(d) any of the following provisions of the Road Transport (Safety and
Traffic Management) Act 1999:
(i) section 6 (1) (which is about negligent driving);
(ii) section 7 (1) (which is about furious, reckless or dangerous
driving);
(iii) section 8 (1) or (2) (which is about menacing driving); or
(e) any of the following provisions of the Firearms Act
1996:
(i) section 53 (Unregistered firearms);
(ii) section 80 or section 81 (which are about discharge of firearms or
possession endangering life).
Note A reference to an offence against a territory law includes a
reference to a related ancillary offence, eg attempt (see Legislation Act, s
189).
(3) In this section:
animal violence offence means an offence against any of the
following provisions of the Animal Welfare Act 1992:
(a) section 7 (Cruelty);
(b) section 8 (Pain);
(c) section 12 (Administering poison);
(d) section 12A (Laying poison);
(e) section 13 (which is about administering an electric shock to an
animal).
offence includes conduct, engaged in outside the ACT, that
would be an offence if it were engaged in within the ACT.
personal injury includes nervous shock.
in part 2, insert
10A Who is a relative?
For this Act, a relative of a person (the original
person)—
(a) means the original person’s—
(i) father, mother, grandfather, grandmother, stepfather, stepmother,
father-in-law or mother-in-law; or
(ii) son, daughter, grandson, granddaughter, stepson, stepdaughter,
son-in-law or daughter-in-law; or
(iii) brother, sister, half-brother, half-sister, stepbrother, stepsister,
brother-in-law or sister-in-law; or
(iv) uncle, aunt, uncle-in-law or aunt-in-law; or
(v) nephew, niece or cousin; and
(b) if the original person has or had a domestic partner (other than a
spouse)—includes someone who would have been a relative of a kind
mentioned in paragraph (a) if the original person had been legally married to
the domestic partner; and
Note For the meaning of domestic
partner, see Legislation Act, s 169.
(c) includes—
(i) someone who has been a relative of a kind mentioned in paragraph (a)
or (b) of the original person; and
(ii) anyone else who could reasonably be considered to be a relative of
the original person.
Examples for par (c)
(ii)
1 if the original person is an Aboriginal or Torres Strait Islander, the
following people:
(a) a person the original person has responsibility for, or an interest in,
in accordance with the traditions and customs of the original person’s
Aboriginal or Torres Strait Islander community;
(b) a person who has responsibility for, or an interest in, the original
person in accordance with the traditions and customs of the original
person’s Aboriginal or Torres Strait Islander community
2 a person regarded and treated by the original person as a relative, for
example, as an uncle or aunt
Note An example is part of the Act, is
not exhaustive and may extend, but does not limit, the meaning of the provision
in which it appears (see Legislation Act, s 126 and s
132).
substitute
12 Applications by people with legal
disability
(1) An aggrieved person with a legal disability (other than a child) may
apply for a protection order—
(a) by a next friend; or
(b) in the person’s own right with the Magistrates Court’s
leave.
Note 1 The Macquarie Dictionary (1997) defines next
friend as a person bringing action in a court of law on behalf of a
minor or person of unsound mind.
Note 2 A regulation may prescribe how a next friend may be appointed
(see s 106 (3) (b) (i)).
(2) An aggrieved person who is a child may apply for—
(a) any protection order by a next friend; or
(b) a domestic violence order in the person’s own right;
or
(c) a personal protection order in the person’s own right with the
Magistrates Court’s leave.
(3) The Magistrates Court must give leave for an application under
subsection (1) (b) or (2) (c) if satisfied that the aggrieved
person—
(a) understands the consequences of applying for a protection order;
and
(b) will understand the proceeding on the application.
in part 3, insert
18A Referral to mediation
If, at any time during the preliminary conference for an application for a
protection order, the registrar is satisfied that the application is likely to
be more effectively resolved by mediation than by a hearing, the registrar
must—
(a) recommend to the parties to the application that they seek mediation;
and
(b) give the parties information about mediation; and
(c) adjourn the preliminary conference until a stated date to allow for
mediation to happen.
12 Explaining
orders if aggrieved person presentSection
25 (2) (d)
omit
commit an offence.
substitute
commit an offence; and
13 New
section 25 (2) (e)
insert
(e) that the order may be registered and enforced in
a State, another Territory or New
Zealand.
substitute
Note The Criminal Code, pt 2.4 deals with offences of aiding and
abetting.
15 Consent
ordersSection 29 (3),
example
substitute
Example
The parties to an application agree to the making of a final order. An
automatic consequence of the order is that any firearms licence of the
respondent is cancelled under section 38 (Firearms and final orders). That
consequence automatically flows from the making of the final order. However,
under section 38 (3) the Magistrates Court may, in certain circumstances
(but not if the final order is a domestic violence order), order that the
licence not be cancelled. If those circumstances apply and the parties agree
that the firearms licence not be cancelled, the firearms licence would not be
cancelled under section 38.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
insert
30A Application by respondent for leave to apply for
amendment or revocation
(1) An application for amendment or revocation of a protection order (the
original order) must not be made by
the respondent to the original order without
the Magistrates Court’s
leave.
(2) Before hearing the application for leave, the Magistrates Court must
fix a time to hear the application, and give the respondent written notice of
the time.
(3) If the respondent does not attend at the time fixed, the Magistrates
Court must—
(a) if satisfied that the respondent has not been given reasonable notice
of the time—fix another time to hear the application, adjourn the hearing
to the other time and give the respondent written notice of the time;
or
(b) dismiss the application.
(4) If the respondent attends at the time fixed under
subsection (2) or (3) (a), the Magistrates Court may give the
respondent leave to apply to amend or revoke the original order only if
satisfied, on the basis of evidence provided by the respondent, that there may
have been a substantial change in the circumstances
surrounding the making of the original
order.
(5) To remove any doubt, a decision under subsection (4) that there may
have been a substantial change does not affect the hearing and deciding of the
application for amendment or revocation of the original order.
(6) An aggrieved person for the original order
is not entitled to attend or take part in a hearing under this section without
the Magistrates Court’s leave.
(7) In this section:
aggrieved person includes a representative of the aggrieved
person.
respondent includes a representative of the
respondent.
17 Amendment
or revocation generallySection 31
(1)
substitute
(1) A protection order may be amended if the Magistrates Court is
satisfied that—
(a) the order as amended could be made on application for a protection
order; and
(b) if the amendment would reduce the protection of a child who is 15
years old or younger—the child is no longer in need of the greater
protection provided by the unamended protection order.
18 This
Act and Children and Young People
ActSection 32 (1) (b)
substitute
(b) at least 1 of the criteria
mentioned in that Act, section 205A (1) (b) (When Childrens Court
may make final protection order) is satisfied; and
19 Service
of non-emergency ordersSection 33
(1)
substitute
(1) If the Magistrates Court makes a protection order (other than an
emergency order), the registrar must—
(a) if the order is an interim order—serve 2 copies of the order (1
marked as the endorsement copy) on the respondent no later than 14 days before
the return date for the application for the final order; and
(b) if the order is not an interim order—serve a copy of the order
on the respondent; and
(c) give a copy of the order to—
(i) each other party to the proceeding; and
(ii) the chief police officer; and
(iii) the registrar of firearms.
20 Offence
for contravention of protection
orderSection 34 (2) and
(3)
substitute
(2) The person commits an offence if the person engages in conduct that
contravenes the protection order (including a condition of the order).
Maximum penalty: 500 penalty units, imprisonment for 5 years or
both.
Note In deciding the sentence to be imposed on a person under this
section, the Magistrates Court must consider the matters under the Crimes
Act 1900, s 342.
(3) This section applies to conduct engaged in outside the ACT as well as
conduct engaged in within the ACT.
21 Extension
of final ordersSection 37
(3)
substitute
(3) If the original order is a domestic violence order, the Magistrates
Court must, on application, amend the original order by extending it for a
stated period unless satisfied that a protection order is no longer necessary to
protect the aggrieved person from domestic violence by the respondent.
substitute
40 What are grounds for making final order (other
than workplace order)?
(1) The Magistrates Court may make a final order (other than a workplace
order) on application if satisfied that the respondent has—
(a) engaged in domestic violence; or
(b) engaged in personal violence towards the aggrieved person and may
engage in personal violence towards the aggrieved person during the time the
order is proposed to operate if the order is not made.
(2) If an interim order has been made on the application and the
respondent has objected to the interim order, in making the final order the
Magistrates Court must consider the respondent’s objection.
Note This section does not apply to consent orders (see s 29 (2)
(b)).
23 What
final orders (other than workplace orders) may
containSection 42 (2)
(h)
substitute
(h) prohibit the respondent from doing anything mentioned in paragraphs
(a) to (g) in relation to—
(i) a child of the aggrieved person; or
(ii) any other child if the Magistrates Court is satisfied that there is
an unacceptable risk of the child being exposed to domestic violence;
24 Workplace
ordersDivision 5.3 heading,
note
substitute
42A Definitions
In this Act:
aggrieved person, for a workplace order—
(a) means the employer of the person against whom the conduct is directed;
and
(b) if the workplace is a child facility, includes—
(i) a person in control of the child facility; and
(ii) an employee of an employer mentioned in paragraph (a).
child facility means—
(a) a preschool, childcare centre, school, or other similar facility the
main purpose of which is the care or education of children; or
(b) a paediatric ward, or other facility in a hospital the main purpose of
which is to provide health services for children; or
(c) an office or other facility used by or for the Territory for children
or young people who are, under the Children and Young People Act 1999,
chapter 7, in need of care and protection.
Note The Children and Young People Act 1999, s 156 defines a
child or young person in need of care and protection.
substitute
45 What are grounds for making workplace
order?
(1) The Magistrates Court may make a workplace order in relation to a
workplace on application if satisfied that the respondent—
(a) has engaged in personal violence in relation to the workplace;
and
(b) may engage in personal violence in relation to the workplace during
the time the order is proposed to operate if the order is not made.
(2) The Magistrates Court may make a workplace order in relation to a
workplace that is a child facility if satisfied that the respondent poses a risk
to people at the workplace, for example, children, carers or teachers.
Note 1 This section does not apply to consent orders (see s
29 (2) (b)).
Note 2 An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
26 When
can interim order be made?New section 48
(4)
insert
(4) If an interim order is made and the return date for the application
for the final order is less than 21 days after the day the interim order is
made, the Magistrates Court must change the return date for the application to a
day that is at least 21 days after the day the interim order is made.
substitute
49 Grounds for making interim
order
The Magistrates Court may make an interim order if satisfied that it is
necessary to make the interim order to do 1 or more of the following until the
application for the final order is decided:
(a) ensure the safety of the aggrieved person or a child of the aggrieved
person;
(b) if the interim order is an interim workplace order—ensure the
safety of the aggrieved person at the workplace, or an employee of the aggrieved
person or other people at the workplace;
(c) prevent substantial damage to the property of the aggrieved person or
a child of the aggrieved person.
Note This section does not apply to consent orders (see s 29 (2)
(b)).
28 What
interim orders may containNew section 51
(5)
insert
(5) An interim order may require the respondent to return to the aggrieved
person personal items reasonably needed by the aggrieved person or a child of
the aggrieved person.
Examples of personal
items
1 personal clothing
2 toiletries
3 books
4 photographs
5 house or car keys
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
insert
51A What if respondent objects to interim order made
when not present?
(1) This section applies if the Magistrates Court makes an interim order
in the absence of a respondent and any representative of the
respondent.
(2) The respondent may—
(a) fill out the endorsement copy of the interim order in accordance with
the instructions on the copy; and
(b) return it to the Magistrates Court at least 7 days before the return
date for the application for the final order to which the interim order
relates.
(3) The interim order becomes a final order against the
respondent—
(a) if—
(i) the Magistrates Court receives the endorsement copy from the
respondent at least 7 days before the return date for the application for the
final order; and
(ii) the respondent indicated on the endorsement copy that the respondent
does not object to the interim order becoming a final order; or
(b) if the respondent does not return the endorsement copy to the
Magistrates Court at least 7 days before the return date for the application for
the final order.
(4) A final order under subsection (3) comes into force—
(a) if the respondent returned the endorsement copy to the Magistrates
Court and does not object to the interim order becoming final—on the day
the Magistrates Court receives the endorsement copy; or
(b) on the return date for the application for the final order.
(5) The Magistrates Court may decide the application for the final order
if—
(a) the respondent returns the endorsement copy to the Magistrates Court
at least 7 days before the return date for the application for the final order;
and
(b) the endorsement copy indicates that the respondent objects to the
interim order becoming a final order.
(6) In this section:
endorsement copy, of an interim order, means the copy of the
interim order marked as the endorsement copy under section 33 (1).
respondent includes a representative of the
respondent.
30 When
may emergency order be made?Section 62 (a)
(i)
substitute
(i) the respondent has behaved in a way that satisfies the judicial
officer that there are reasonable grounds for believing that, if an emergency
order is not made, the respondent may cause
physical injury to, or substantial damage to the property of, the aggrieved
person or a child of the aggrieved person; and
31 Length
of emergency ordersSection 70 (1)
(c)
substitute
(c) a final order or interim order made against the respondent in relation
to the aggrieved person is served on the respondent.
32 Police
required to explain emergency order
servedSection 75 (1)
omit
effect
substitute
purpose, terms and effect
33 Restriction
on publication of reports about
proceedingsSection 100
(1)
substitute
(1) A person commits an offence if—
(a) the person publishes (completely or partly) an account or report of a
proceeding on an application for a protection order; and
(b) the account or report—
(i) identifies a party to the proceeding; or
(ii) identifies a person who is related to, or associated with, a party to
the proceeding or is, or is claimed to be, in any other way concerned in the
matter to which the proceeding relates; or
(iii) identifies a witness to the proceeding; or
(iv) allows the identity of a person mentioned in subparagraph (i),
(ii) or (iii) to be worked out.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
34 Limits
of restriction on publication about
proceedingsSection 101 (2)
(c)
substitute
(c) information from being given to the director of public prosecutions,
the director of corrective services or a police officer in relation to the
exercise of the director’s or officer’s functions; or
(ca) information from being given to the community advocate in relation to
the exercise of the community advocate’s functions; or
renumber paragraphs when Act next republished under Legislation
Act
36 Dictionary,
definition of aggrieved person
substitute
aggrieved person means—
(a) for a domestic violence order or personal protection order—a
person against whom the conduct that may be domestic or person violence has
been, or is likely to be, directed; or
(b) for a workplace order—see section 42A.
37 Dictionary,
new definition of child facility
insert
child facility—see section 42A.
38 Dictionary,
definition of relative
substitute
relative—see section 10A.
39 Dictionary,
definition of relevant person, paragraph (a), new
note
insert
Note A domestic partner
need not be an adult (see Legislation Act, s 169).
40 Dictionary,
definition of relevant person, paragraph (d)
substitute
(d) a parent of a child of the original person.
41 Dictionary,
new definition of return date
insert
return date, for an application, means the day fixed by the
Magistrates Court for return of the application before the court.
42 Further
amendments, mentions of behaviour
omit
behaviour
substitute
conduct
in
• section 10
• section 20
• section 21
• section 22 (1) (b)
• section 23 (1) and (2)
• section 41
• section 44
• section 46 (1) (c)
• section 63 (2) (b) and (4)
• section 71 (3)
• section 102
• dictionary, definitions of domestic violence order
and personal protection order
Schedule
1 Consequential
amendments
(see s 3)
substitute
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere in this Act.
For example, the signpost definition ‘parental
responsibility—see the Children and Young People Act 1999,
section 17.’ means that the term ‘parental responsibility’ is
defined in that section and the definition applies to this Act.
[1.2] Section
9B (b) (iv)
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
substitute
(6) In this section:
protected person, in relation to a person accused of a
domestic violence offence—
(a) means a person against whom the alleged conduct making up the offence
was directed; and
(b) includes any other relevant person in relation to the accused
person.
relevant person—see the
Domestic Violence and Protection Orders Act
2001, dictionary.
Note The Domestic Violence and Protection Orders Act 2001,
dict defines a relevant person in relation to the accused person
as any of the following people:
• a domestic partner of the accused person (domestic
partner is defined in the Legislation Act, s 169 (1))
• a relative of the accused person (relative is defined
in the Domestic Violence and Protection Orders Act 2001, s
10A)
• a child of a domestic partner of the accused person
• a parent of a child of the accused person.
substitute
(7) In this section:
protected person, in relation to a domestic violence offence,
means—
(a) if the conduct making up the offence was directed at a child—a
person with parental responsibility for the child; or
(b) if the conduct making up the offence was directed at someone
else—the person at whom the conduct was directed.
omit
care and control of
substitute
parental responsibility for
[1.6] Dictionary,
definition of domestic violence offence
substitute
domestic violence offence—an offence that a
person is accused of committing is a domestic violence offence if
the conduct making up the offence is domestic violence under the
Domestic Violence and Protection Orders Act 2001.
[1.7] Dictionary,
new definition of parental responsibility
insert
parental responsibility—see the Children and Young
People Act 1999, section 17.
[1.8] Dictionary,
definition of relevant person
omit
Part
1.2 Children and Young People Act
1999
[1.9] Section
151 (1), definition of abuse, paragraph (c)
substitute
(c) emotional abuse (including psychological abuse) if the child or young
person has suffered, is suffering or is likely to suffer in a way that has
caused, is causing or is likely to cause significant harm to his or her
wellbeing or development; or
(d) emotional abuse (including psychological abuse) if—
(i) the child or young person has been, is being, or is likely to be
exposed to conduct that is domestic violence under the Domestic Violence and
Protection Orders Act 2001; and
(ii) the exposure has caused, is causing or is likely to cause significant
harm to the child’s or young person’s wellbeing or
development.
[1.10] Section
194, definitions of final protection order and interim protection
order
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
[1.12] Section
205A (1) and (2)
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
[1.13] Section
205A (3), definition of domestic violence
substitute
domestic violence—see the Domestic Violence and
Protection Orders Act 2001, section 9 (1).
[1.14] Section
205A (3), definition of personal violence
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
[1.17] Section
205C (1), example heading
omit
Protection Orders Act
substitute
Domestic Violence and Protection Orders
Act
[1.18] Section
205C (3) and (4)
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
[1.19] Section
380 (4) (b)
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
[1.20] Dictionary,
definition of protection order
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
Part
1.3 Court Procedures Act
2004
[1.21] Section
15 (2) (c) (iv) (C)
substitute
(C) the Domestic Violence and Protection Orders
Act 2001;
[1.22] Section
191 (4) (b)
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
[1.23] Section
192 (1) and (5)
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
[1.24] New
section 212 (5)
insert
(5) In this section:
domestic violence offence—an offence that a person is
suspected of committing is a domestic violence offence if the
conduct making up the offence is domestic violence under the Domestic
Violence and Protection Orders Act 2001.
omit
[1.26] Dictionary,
definition of domestic violence offence
omit
[1.27] Dictionary,
definition of relevant person
omit
Part
1.5 Crimes (Restorative Justice) Act
2004
[1.28] Section
12, definition of domestic violence offence
substitute
domestic violence offence—an offence is a
domestic violence offence if the conduct making up the offence is
domestic violence under the Domestic Violence and Protection Orders Act
2001.
Part
1.6 Dangerous Substances Act
2004
[1.29] Section
49 (2), definition of protection order
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
Part
1.7 Domestic Violence Agencies Act
1986
substitute
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example the signpost definitions ‘domestic
violence—see the Domestic Violence and Protection Orders Act
2001, section 9 (1).’ means that the term ‘domestic
violence’ is defined in that subsection of that Act and the definition
applies to this Act.
[1.31] Dictionary,
definition of domestic violence
substitute
domestic violence—see the Domestic Violence and
Protection Orders Act 2001, section 9 (1).
[1.32] Dictionary,
definition of domestic violence offence
substitute
domestic violence offence—an offence is a
domestic violence offence if the conduct making up the offence is
domestic violence under the Domestic Violence and Protection Orders
Act 2001.
Part
1.8 Evidence (Miscellaneous
Provisions) Act 1991
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
[1.34] Section
41 (2) (c)
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
[1.35] Section
74 (2) (c)
substitute
(c) an offence if the conduct making up the offence is
domestic violence under the Domestic Violence and Protection
Orders Act 2001.
Part
1.9 Firearms Act
1996
[1.36] Section
4, definitions of interim protection order and protection
order
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
substitute
(4) In this section:
domestic violence offence—an offence is a
domestic violence offence if the conduct making up the offence is
domestic violence under the Domestic Violence and Protection Orders Act
2001.
Note 1 A licence is automatically suspended under the Domestic
Violence and Protection Orders Act 2001, s 57 (Firearms and interim orders)
if the Magistrates Court makes an interim protection order unless the court
orders otherwise. Under that section, the Magistrates Court may also order
seizure of the licence, and seizure and detention of firearms and ammunition,
for the period of the interim order.
Note 2 A licence is also automatically suspended under the
Domestic Violence and Protection Orders Act 2001, s 73 (Firearms and
emergency orders) if a judicial officer makes an emergency order. Under that
section, the officer may also order seizure of the licence, and seizure and
detention of firearms and ammunition, for the period of the emergency
order.
[1.38] Section
41 (1), note
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
Part
1.10 Firearms Regulation
1997
[1.39] Section
29 (2) (b) (xi) (B)
substitute
(B) is, or has been at any time within the 10 years before the application
for the permit is made, subject to an order or other restriction having the same
or substantially the same effect as a domestic violence order under the
Domestic Violence and Protection Orders Act 2001 (other than an order or
other restriction which has been revoked); or
Example of order
a protection order under the Domestic Violence Act 1986
(repealed)
Note An example is part of the regulation, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
[1.40] New
section 29 (4)
insert
(4) This subsection, and the example and note to
subsection (2) (b) (xi) (B), expire on 27 March
2012.
Part
1.11 Health Records (Privacy and
Access) Act 1997
[1.41] Section
31 (1) (c) and (d)
substitute
(c) any other order in relation to a matter arising under this Act that
the court considers appropriate.
[1.42] Section
31 (4) to (7)
omit
Part
1.12 Magistrates Court Act
1930
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
Part
1.13 Magistrates Court (Civil
Jurisdiction) Rules 2004
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
Part
1.14 Prohibited Weapons Regulation
1997
[1.45] Section
5 (6), definition of interim protection order
substitute
interim protection order—see the Domestic Violence
and Protection Orders Act 2001, dictionary, definition of interim
order.
Note See also s (7).
[1.46] Section
5 (6), definition of protection order
substitute
protection order—see the Domestic Violence and
Protection Orders Act 2001, dictionary, definition of final
order.
Note See also s (7).
[1.47] New
section 5 (7) and (8)
insert
(7) In subsection (6):
interim protection order includes—
(a) an interim protection order made under the Domestic Violence Act
1986; and
(b) an interim restraining order made under the Magistrates Court Act
1930.
protection order includes—
(a) a protection order made under the Domestic Violence Act
1986; and
(b) a restraining order made under the Magistrates Court Act
1930.
(8) The notes to subsection (6), definitions of interim protection
order and protection order, subsection (7) and this
subsection, expire on 27 March 2012.
Part
1.15 Protection Orders Regulation
2002
omit
Protection Orders Regulation 2002
substitute
Domestic Violence and Protection Orders Regulation 2002
[1.49] Dictionary,
note 3
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
Part
1.16 Rehabilitation of Offenders
(Interim) Act 2001
substitute
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition
‘institution—see the Children and Young People Act
1999, dictionary.’ means that the term ‘institution’ is
defined in that dictionary and the definition applies to this Act.
substitute
(i) an offence made up of conduct that is domestic violence under the
Domestic Violence and Protection Orders Act 2001 in relation to
anyone with whom it is likely the person would live in the same household if the
home detention order were made;
[1.52] Section
10 (1) (b) (ii)
substitute
(ii) an offence made up of conduct that is domestic violence under the
Domestic Violence and Protection Orders Act 2001, or would be
domestic violence if the conduct happened in the ACT, directed at anyone with
whom it is likely the person would live in the same household if the home
detention order were made; or
[1.53] Section
10 (1) (c) and (4)
omit
Protection Orders Act 2001
substitute
Domestic Violence and Protection Orders Act 2001
[1.54] Section
13 (2) (e)
substitute
(e) the likelihood that the person will commit an offence that is made up
of conduct that is domestic violence under the Domestic Violence and
Protection Orders Act 2001 in relation to anyone with whom it is likely the
person would live in the same household if the home detention order were
made;
[1.55] Dictionary,
definition of domestic violence offence
omit
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2005.
2 Notification
Notified under the Legislation Act on 2005.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2005
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