Victorian Current Acts Victorian Current ActsNo. 52 of 2008
Version incorporating amendments as at
13 October 2024
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Version No. 062
Family Violence Protection Act 2008
No. 52 of 2008
Version incorporating amendments as at
13 October
2024
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 26 June 2008
Legislative Council: 21 August 2008
The long title for the Bill for this Act was "A Bill for an Act to make provision for a system of family violence intervention orders and other matters relating to the prevention of family violence, to repeal the Crimes (Family Violence) Act 1987 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 26 June 2008
Legislative Council: 21 August 2008
Absolute majorities:
Legislative Assembly: 21 August 2008
Legislative Council: 12 September 2008
The Family Violence Protection Act 2008 was assented to on 23 September 2008 and came into operation as follows:
Sections 1, 3 and 224 on 24 September 2008: section 3(1); sections 2, 4–223, 233–272 on 8 December 2008: Special Gazette (No. 339) 4 December 2008 page 1; Part 15 (sections 225–232) never proclaimed, repealed by No. 83/2012 section 30.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Family Violence Protection Act 2008 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Family Violence Protection Act 2008, No. 52/2008
|
Assent Date: |
23.9.08 |
|
Commencement Date: |
S. 272 on 8.12.09: s. 272; s. 207C inserted on 25.4.20 by No. 11/2020 s. 36: s. 2 (as amended by No. 27/2020 s. 32) |
|
Note: |
S. 207C repealed Pt 12A (ss 207A–207C) on 26.4.21 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Courts Legislation Amendment (Sunset Provisions) Act 2009, No. 51/2009
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Assent Date: |
8.9.09 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Justice Legislation Further Amendment Act 2009, No. 55/2009
|
Assent Date: |
22.9.09 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009
|
Assent Date: |
24.11.09 |
|
Commencement Date: |
S. 97(Sch. item 57) on 1.1.10: Government Gazette 10.12.09 p. 3215 |
|
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009
|
Assent Date: |
24.11.09 |
|
Commencement Date: |
S. 54(Sch. Pt 1 item 22) on 1.1.10: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Crimes Legislation Amendment Act 2010, No. 7/2010
|
Assent Date: |
16.3.10 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010, No. 18/2010
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Assent Date: |
18.5.10 |
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Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Justice Legislation Amendment Act 2010, No. 30/2010
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Assent Date: |
8.6.10 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Personal Safety Intervention Orders Act 2010, No. 53/2010
|
Assent Date: |
7.9.10 |
|
Commencement Date: |
Ss 197–209 on 1.12.10: Government Gazette 14.10.10 p. 2405; ss 210–220 on 5.9.11: Special Gazette (No. 271) 23.8.11 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Bail Amendment Act 2010, No. 70/2010
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Assent Date: |
19.10.10 |
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Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Family Violence Protection Amendment (Safety Notices) Act 2011, No. 16/2011
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Assent Date: |
31.5.11 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Statute Law Revision Act 2011, No. 29/2011
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Assent Date: |
21.6.11 |
|
Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Sentencing Legislation Amendment (Abolition of Home Detention) Act 2011, No. 48/2011
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Assent Date: |
22.9.11 |
|
Commencement Date: |
S. 27 on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 4 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011
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Assent Date: |
22.11.11 |
|
Commencement Date: |
Ss 93–95 on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |
|
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Justice Legislation Amendment (Family Violence and Other Matters) Act 2012, No. 83/2012
|
Assent Date: |
18.12.12 |
|
Commencement Date: |
Ss 3, 4, 13–30 on 4.2.13: Special Gazette (No. 27) 29.1.13 p. 1; ss 5–12 on 17.4.13: Special Gazette (No. 141) 16.4.13 p. 2 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Children, Youth and Families Amendment Act 2013, No. 52/2013
|
Assent Date: |
24.9.13 |
|
Commencement Date: |
Ss 62–69 on 1.12.13: Special Gazette (No. 419) 26.11.13 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013
|
Assent Date: |
17.12.13 |
|
Commencement Date: |
S. 24 on 18.12.13: s. 2(1); ss 25–31 on 3.3.14: Special Gazette (No. 17) 28.1.14 p. 1 |
|
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Legal Profession Uniform Law Application Act 2014, No. 17/2014
|
Assent Date: |
25.3.14 |
|
Commencement Date: |
S. 160(Sch. 2 item 41) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
|
Assent Date: |
3.6.14 |
|
Commencement Date: |
S. 10(Sch. item 61) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Vexatious Proceedings Act 2014, No. 42/2014
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Assent Date: |
17.6.14 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Powers of Attorney Act 2014, No. 57/2014
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Assent Date: |
26.8.14 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Privacy and Data Protection Act 2014, No. 60/2014
|
Assent Date: |
2.9.14 |
|
Commencement Date: |
S. 140(Sch. 3 item 17) on 17.9.14: Special Gazette (No. 317) 16.9.14 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Crimes Amendment (Abolition of Defensive Homicide) Act 2014, No. 63/2014
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Assent Date: |
9.9.14 |
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Commencement Date: |
S. 7(13) on 1.11.14: Special Gazette (No. 350) 7.10.14 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Family Violence Protection Amendment Act 2014, No. 77/2014
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Assent Date: |
21.10.14 |
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Commencement Date: |
Ss 3, 5, 6, 17–20, 22, 23 on 2.11.14: Special Gazette (No. 400) 29.10.14 p. 2 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Justice Legislation Amendment Act 2015, No. 20/2015
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Assent Date: |
16.6.15 |
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Commencement Date: |
S. 56(Sch. 1 item 5) on 17.6.15: s. 2(3) |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Justice Legislation Further Amendment Act 2016, No. 3/2016
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Assent Date: |
16.2.16 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
National Domestic Violence Order Scheme Act 2016, No. 53/2016
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Assent Date: |
18.10.16 |
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Commencement Date: |
Ss 82–87 on 5.4.17: Special Gazette (No. 111) 4.4.17 p. 1; ss 41–81 on 25.11.17: Special Gazette (No. 388) 15.11.17 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Family Violence Protection Amendment Act 2017, No. 19/2017
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Assent Date: |
16.5.17 |
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Commencement Date: |
Ss 41, 62, 63 on 17.5.17: s. 2(1); ss 4–31, 33–40 on 29.3.18: Special Gazette (No. 136) 27.3.18 p. 2; s. 32 on 1.9.18: s. 2(3) |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Family Violence Protection Amendment (Information Sharing) Act 2017, No. 23/2017
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Assent Date: |
14.6.17 |
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Commencement Date: |
Ss 4–17 on 26.2.18: Special Gazette (No. 40) 6.2.18 p. 1; s. 37 on 12.3.18: s. 2(7) |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Bail Amendment (Stage One) Act 2017, No. 26/2017
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Assent Date: |
27.6.17 |
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Commencement Date: |
Ss 17, 18 on 21.5.18: Special Gazette (No. 218) 15.5.18 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Justice Legislation Amendment (Victims) Act 2018, No. 5/2018
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Assent Date: |
27.2.18 |
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Commencement Date: |
Ss 39–41 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 2 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Oaths and Affirmations Act 2018, No. 6/2018
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Assent Date: |
27.2.18 |
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Commencement Date: |
S. 68(Sch. 2 item 52) on 1.3.19: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Children Legislation Amendment (Information Sharing) Act 2018, No. 11/2018
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Assent Date: |
10.4.18 |
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Commencement Date: |
Ss 41, 46, 47 on 11.4.18: Special Gazette (No. 164) 10.4.18 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Justice Legislation Amendment (Family Violence Protection and Other Matters) Act 2018, No. 33/2018
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Assent Date: |
14.8.18 |
|
Commencement Date: |
S. 30 on 15.8.18: s. 2(1); ss 15, 19, 23, 32–34, 39 on 29.3.19: Special Gazette (No. 114) 26.3.19 p. 1; ss 14(1), 17, 18, 20, 21, 28, 29, 108–111 on 31.7.19: Special Gazette (No. 306) 30.7.19 p. 1; ss 14(2), 16, 22, 24, 25, 27, 31 on 10.12.19: Special Gazette (No. 514) 10.12.19 p. 1; ss 26, 47 on 1.9.20: s. 2(3) |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Residential Tenancies Amendment Act 2018, No. 45/2018 (as amended by Nos 11/2020, 25/2020)
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Assent Date: |
18.9.18 |
|
Commencement Date: |
S. 371 on 29.3.21: Special Gazette (No. 42) 27.1.21 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Justice Legislation Miscellaneous Amendment Act 2018, No. 48/2018
|
Assent Date: |
25.9.18 |
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Commencement Date: |
Ss 58–60 on 28.10.18: Special Gazette (No. 480) 16.10.18 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Guardianship and Administration Act 2019, No. 13/2019
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Assent Date: |
4.6.19 |
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Commencement Date: |
S. 221(Sch. 1 item 15) on 1.3.20: s. 2(2) |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019
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Assent Date: |
25.6.19 |
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Commencement Date: |
S. 259 on 26.6.19: s. 2(1) |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020
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Assent Date: |
24.4.20 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020
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Assent Date: |
20.10.20 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Police and Emergency Legislation Amendment Act 2020, No. 29/2020
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Assent Date: |
27.10.20 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Change or Suppression (Conversion) Practices Prohibition Act 2021, No. 3/2021
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Assent Date: |
16.2.21 |
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Commencement Date: |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Justice Legislation Amendment (Criminal Procedure Disclosure and Other Matters) Act 2022, No. 1/2022
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Assent Date: |
15.2.22 |
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Commencement Date: |
S. 126 on 16.2.22: s. 2(1); ss 89−92 on 29.3.22: Special Gazette (No. 157) 29.3.22 p. 1 |
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Justice Legislation Amendment Act 2022, No. 20/2022
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Assent Date: |
31.5.22 |
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Commencement Date: |
|
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Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
Crimes Amendment (Non-fatal Strangulation) Act 2023, No. 37/2023
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Assent Date: |
5.12.23 |
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Commencement Date: |
|
|
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
No entries at date of publication.