Australian Capital Territory Repealed Acts

This legislation has been repealed.

DOMESTIC VIOLENCE AND PROTECTION ORDERS ACT 2001 (REPEALED) - SECT 31

    (1)     A protection order may be amended if the Magistrates Court is satisfied that—

        (a)     the order as amended could be made on application for a protection order; and

        (b)     if the amendment would reduce the protection of a child who is 15 years old or younger—the child is no longer in need of the greater protection provided by the unamended protection order.

    (2)     If the protection order has been amended by being extended, the order must mention that it has been extended.

    (3)     A protection order (the original order ) may be revoked if—

        (a)     the Magistrates Court is satisfied that the order is no longer necessary for the protection of the person it protects; or

        (b)     the applicant for the original order applies for the revocation.

Note     The Magistrates Court may amend or revoke a protection order by consent (see s 29).

    (4)     This section does not apply in relation to a kind of amendment or to revocation if this Act (apart from this section) expressly deals with the grounds for that kind of amendment or for revocation.

Note     The following sections expressly deal with the grounds for amendment or revocation:

              •     s 37 (Extension of final orders)

              •     s 58 (Extension of interim orders)

              •     s 71 (Emergency amendment or revocation of emergency orders)

              •     s 72 (Non-emergency amendment or revocation of emergency orders).