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DOMESTIC AND FAMILY VIOLENCE PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2016 - As at 20 October 2016 - Act 51 of 2016


TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement

   PART 2 - AMENDMENT OF DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012

           Division 1 - Preliminary

   3.      Act amended

           Division 2 - Amendments to enhance domestic and family violence protection system

   4.      Amendment of s 37 (When court may make protection order)
   5.      Amendment of s 44 (When court may make temporary protection order)
   6.      Amendment of s 56 (Domestic violence order must include standard conditions)
   7.      Amendment of s 57 (Court may impose other conditions)
   8.      Replacement of pt 3, div 6, hdg (Voluntary intervention orders)
   9.      Amendment of s 69 (Court may make voluntary intervention order)
   10.     Omission of s 76 (Definition for div 7)
   11.     Amendment of s 78 (Court may consider family law order)
   12.     Amendment of s 83 (No exemption under Weapons Act)
   13.     Amendment of s 84 (Court to ensure respondent and aggrieved understand domestic violence order)
   14.     Amendment of s 85 (Domestic violence order to include written explanation)
   15.     Amendment of s 91 (When court can vary domestic violence order)
   16.     Amendment of s 92 (Considerations of court when variation may adversely affect aggrieved or named person)
   17.     Replacement of s 97 (End of protection order)
   18.     Amendment of s 100 (Police officer must investigate domestic violence)
   19.     Replacement of s 101 (Police officer may issue police protection notice)
   20.     Amendment of s 102 (Approval of supervising police officer required)
   21.     Amendment of s 103 (Cross-notice not permitted)
   22.     Amendment of s 104 (Contact details and address for service)
   23.     Amendment of s 105 (Form of police protection notice)
   24.     Replacement of s 106 (Standard condition)
   25.     Amendment of s 107 (Cool-down condition)
   26.     Insertion of new ss 107A–107D
   27.     Amendment of s 108 (Police officer must consider accommodation needs)
   28.     Replacement of s 109 (Service)
   29.     Amendment of s 110 (Explanation)
   30.     Amendment of s 111 (Filing)
   31.     Amendment of s 112 (Police protection notice taken to be application for protection order)
   32.     Replacement of s 113 (Duration)
   33.     Amendment of s 124 (Release of person from custody)
   34.     Replacement of s 125 (When police officer must release person on conditions)
   35.     Amendment of s 127 (When person may be taken to place for treatment)
   36.     Amendment of s 128 (When intoxicated person may be taken to place of safety)
   37.     Amendment of s 129 (When police officer may apply for temporary protection order)
   38.     Amendment of s 130 (Making of application)
   39.     Replacement of pt 4, div 5, hdg (Other police powers)
   40.     Replacement of s 134 (Power to direct person to remain at place)
   41.     Insertion of new pt 4, div 6, hdg
   42.     Amendment of s 153 (Electronic documents)
   43.     Amendment of s 160 (Prohibition on obtaining copies of documents for proceeding)
   44.     Insertion of new pt 5A
   45.     Replacement of s 178 (Contravention of police protection notice)
   46.     Amendment of s 179 (Contravention of release conditions)
   47.     Amendment of s 184 (Service of order on respondent)
   48.     Amendment of s 192 (Review of Act)
   49.     Insertion of new pt 10, div 3
   50.     Amendment of schedule (Dictionary)

           Division 3 - Amendments to implement national domestic violence orders scheme

   51.     Amendment of s 22 (Child as aggrieved or respondent)
   52.     Amendment of s 30 (What can happen if a respondent does not comply with a domestic violence order)
   53.     Replacement of s 31 (What is the effect of an interstate order)
   54.     Amendment of s 101 (Police officer may issue police protection notice)
   55.     Amendment of s 110 (Explanation)
   56.     Amendment of s 162 (Notification of police commissioner)
   57.     Replacement of pt 6 (Registration of interstate orders)
   58.     Amendment of s 177 (Contravention of domestic violence order)
   59.     Amendment of s 216 (Definitions for division)
   60.     Insertion of new pt 10, div 3, sdivs 3 and 4
   61.     Amendment of schedule (Dictionary)

   PART 3 - AMENDMENT OF POLICE POWERS AND RESPONSIBILITIES ACT 2000

   62.     Act amended
   63.     Amendment of s 610 (Police actions after domestic violence order is made)
   64.     Amendment of s 715 (What is the appointed day for disposal of weapons under s 714)
   65.     Amendment of sch 6 (Dictionary)

   PART 4 - AMENDMENT OF WEAPONS ACT 1990

   66.     Act amended
   67.     Amendment of s 10B (Fit and proper person—licensees)
   68.     Amendment of s 27A (Suspension of licence and related matters after temporary protection order is made)
   69.     Amendment of s 29A (Action by court if respondent has access to weapons through employment)
   70.     Amendment of s 29B (Arrangements for surrender of suspended or revoked licences and weapons)
   71.     Amendment of s 53 (An unlicensed person may use a weapon at an approved range)
   72.     Amendment of sch 2 (Dictionary)

   PART 5 - AMENDMENT OF ACTS

   73.     Amendment of Acts
           SCHEDULE 1


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