Australian Capital Territory Numbered Acts

DOMESTIC VIOLENCE (AMENDMENT) ACT 1990 (NO. 30 OF 1990) - SECT 3

3. Section 3 of the Principal Act is amended—

    (a)     by omitting “27, 28, 29, 30, 31, 33, 33A, 35, 37, 38, 39, 41, 46, 47, 54, 58, 59, 61, 83, 90A” from paragraph (c) of the definition of “prescribed offence” and substituting “19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30 or 31, paragraph 32 (1) (a) or 32 (2) (a) or section 33, 37”;

    (b)     by omitting the definitions of “child” and “domestic violence offence” and substituting the following definitions:

“ ‘child'—

        (a)     means a person who has not attained the age of 18 years; and

        (b)     in relation to a person, includes a child—

              (i)     who normally or regularly resides with the person; or

              (ii)     of whom the person is a guardian;

‘domestic violence offence' means a prescribed offence committed by a person against—

        (a)     a spouse of the person;

        (b)     a child of the person or of a spouse of the person;

        (c)     a relative; or

        (d)     a household member;”; and

    (c)     by inserting the following definitions:

“ ‘aggrieved person' means a person in respect of whom the alleged conduct has been, or is likely to be, engaged in;

‘household member', in relation to a person, means a person who normally resides, or was normally resident, in the same household as the first-mentioned person (other than as a tenant or boarder);

‘relative', in relation to a person—

        (a)     means—

              (i)     the father, mother, grandfather, grand-mother, step-father, step-mother, father-in-law or mother-in-law of the person;

              (ii)     the son, daughter, grandson, granddaughter, step-son, step-daughter, son-in-law or daughter-in-law of the person;

              (iii)     the brother, sister, half-brother, half-sister, brother-in-law or sister-in-law of the person;

              (iv)     the uncle, aunt, uncle-in-law or aunt-in-law of the person;

              (v)     the nephew or niece of the person; or

              (vi)     the cousin of the person;

        (b)     includes a person who would have been a relative of a kind referred to in paragraph (a) if the first-mentioned person had been legally married to his or her defacto spouse; and

        (c)     includes a former relative of a kind referred to in paragraph (a) or (b);”.