Australian Capital Territory Repealed Acts

This legislation has been repealed.

DOMESTIC VIOLENCE AND PROTECTION ORDERS ACT 2008 (REPEALED) - SECT 42C

    (1)     This section applies if—

        (a)     the Magistrates Court has made a special interim order on an application for a final order; and

        (b)     all charges related to a special interim order are finalised; and

        (c)     the application for the final order has not yet been decided.

Note 1     Finalised —see s 42.

Note 2     The Court must not decide the application, unless by consent, until all related charges are finalised (see s 42B).

    (2)     After the final related charge is finalised by the court, the court must also—

        (a)     if the court is the Magistrates Court—decide the application for the final order; or

        (b)     if the court is another court—

              (i)     decide the application for the final order as if it were the Magistrates Court; or

              (ii)     notify the Magistrates Court that the final related charge has been decided.

Note     It is sufficient for a Magistrate to be satisfied on the balance of probabilities in relation to any matter to be decided in proceedings on an application.

    (3)     If a court notifies the Magistrates Court under subsection (2) (b) (ii)—

        (a)     the court may give the Magistrates Court guidance about, or a direction for, suitable conditions to be included in the final order; and

        (b)     the Magistrates Court must decide the application for the final order.

    (4)     A decision to dismiss the application may only be made after giving the parties an opportunity to be heard.

    (5)     The court deciding the application for the final order under this section may set a return date for the application.