Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RESTRAINING ORDERS ACT 1997 - SECT 77

77 .         Effect of registration

        (1)         A registered order operates in this State as if it were an FVRO or VRO which is a final order —

            (a)         with the terms (including as to its duration) set out in the order or applying to it under the law under which it was made; and

            (b)         served in accordance with this Act on the day on which it was registered,

                and the provisions of this Act apply to it as if it were such an order.

        (1a)         Without limiting subsection (1), for the purposes of applying Part 5 to an interstate order —

            (a)         a reference to varying a final order is to be read as a reference to making an order varying the operation in this State of the interstate order; and

            (b)         a reference to cancelling a final order is to be read as a reference to making an order cancelling the registration of the interstate order.

        (2)         In proceedings for a breach, committed in this State, of a registered order no proof is required of —

            (a)         the making of the interstate order or of a variation of it that operates in this State under section 78; or

            (b)         the service of such an order or variation on the person who is bound by the order.

        [Section 77 amended: No. 11 of 1999 s. 5; No. 49 of 2016 s. 83.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback