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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 35

Prohibitions and restrictions imposed by apprehended violence orders

35 Prohibitions and restrictions imposed by apprehended violence orders

(1) When making an apprehended violence order, a court may impose such prohibitions or restrictions on the behaviour of the defendant as appear necessary or desirable to the court and, in particular, to ensure the safety and protection of the person in need of protection and any children from domestic or personal violence.
(2) Without limiting the generality of subsection (1), an apprehended violence order made by a court may impose any or all of the following prohibitions or restrictions--
(a) prohibiting or restricting approaches by the defendant to the protected person,
(b) prohibiting or restricting access by the defendant to any or all of the following--
(i) to any premises occupied by the protected person from time to time or to any specified premises occupied by the protected person,
(ii) to any place where the protected person works from time to time or to any specified place of work of the protected person,
(iii) to any specified premises or place frequented by the protected person,
whether or not the defendant has a legal or equitable interest in the premises or place,
(c) prohibiting or restricting the defendant from approaching the protected person, or any such premises or place, within 12 hours of consuming intoxicating liquor or illicit drugs,
(c1) prohibiting or restricting the defendant from locating or attempting to locate the protected person,
(d) prohibiting or restricting the possession of all or any specified firearms or prohibited weapons (within the meaning of the Weapons Prohibition Act 1998 ) by the defendant,
(e) prohibiting the defendant from interfering with the protected person's property,
(f) prohibiting or restricting specified behaviour by the defendant that might affect the protected person.
(3) A provisional order may impose any or all of the prohibitions or restrictions specified in subsection (2)(a)-(e) if the issuing officer is satisfied that there are reasonable grounds for the order doing so and the defendant is not a child.
(5) A reference in this section to a court includes a reference to a Registrar.
Note : Section 23 of the Firearms Act 1996 provides for the automatic suspension of a licence under that Act on the making of an interim apprehended violence order against the licence holder and section 24 of that Act provides for the automatic revocation of a licence on the making of a final apprehended violence order against the licence holder. Section 17 of the Weapons Prohibition Act 1998 provides for the automatic suspension of a permit under that Act on the making of an interim apprehended violence order against the permit holder and section 18 of that Act provides for the automatic revocation of a permit on the making of a final apprehended violence order against the permit holder. On the suspension or revocation of such licences or permits, the relevant firearms or weapons must be surrendered to the police and may be seized by the police.
Note : Section 79 of the Residential Tenancies Act 2010 terminates the tenancy of a tenant or co-tenant under a residential tenancy agreement if a final apprehended violence order is made that prohibits the tenant or co-tenant from having access to the residential premises under the agreement.



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