Western Australian Current Acts Western Australian Current Acts (1) A registered
foreign restraining order operates in this State, and this Act applies to it,
as if it were an FVRO or VRO that is a final order and that was served in
accordance with this Act on the day on which it was registered.
(2) Without limiting
subsection (1), for the purposes of applying Part 5 to a registered foreign
restraining 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 registered foreign
restraining 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 foreign restraining order.
(3) The order operates
as a final order even though an appeal against it may be pending, or it may
still be subject to appeal, in the courts of the foreign country.
(4) In proceedings for
a breach of the order, proof is not required —
(a) that
the order was made by the foreign court; or
(b) that
the order was served on the person who is bound by it.
(5) It is a defence to
a charge of breaching the order for the person who is bound by the order to
satisfy the court that —
(a) the
order had been varied under the corresponding law of the foreign country so
that the behaviour that is alleged to constitute the breach did not amount to
a breach of the order as in force in the foreign country at the material time;
or
(b) the
order had been cancelled under the corresponding law of the foreign country
and was not in force in that country at the material time.
[Section 79D inserted: No. 11 of 1999 s. 7;
amended: No. 49 of 2016 s. 86.]