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This is a Bill, not an Act. For current law, see the Acts databases.
Crimes (Domestic and Personal
Violence) Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Crimes (Domestic and Personal Violence) Act 2007 with
respect to applications for, and the issuing of, orders under that Act; and for other
purposes.
Clause 1 Crimes (Domestic and Personal Violence) Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes (Domestic and Personal Violence) Amendment 3
Act 2008. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
3 Amendment of Crimes (Domestic and Personal Violence) Act 2007 No 80 7
The Crimes (Domestic and Personal Violence) Act 2007 is amended as 8
set out in Schedule 1. 9
4 Amendment of other Acts and Regulation 10
The Acts and Regulation specified in Schedule 2 are amended as set out 11
in that Schedule. 12
5 Repeal of Act 13
(1) This Act is repealed on the day following the day on which this Act 14
commences. 15
(2) The repeal of this Act does not, because of the operation of section 30 16
of the Interpretation Act 1987, affect any amendment made by this Act. 17
Page 2
Crimes (Domestic and Personal Violence) Amendment Bill 2008
Amendment of Crimes (Domestic and Personal Violence) Act 2007 Schedule 1
Schedule 1 Amendment of Crimes (Domestic and 1
Personal Violence) Act 2007 2
(Section 3) 3
[1] Section 4 Meaning of "personal violence offence" 4
Insert "13 or" after "section" in section 4 (b). 5
[2] Section 31 Service 6
Insert at the end of the section: 7
(2) A provisional order is to be served personally on the protected 8
person by a police officer as soon as practicable after it is made 9
unless it is impractical to do so. 10
[3] Section 35 Prohibitions and restrictions imposed by apprehended 11
violence orders 12
Insert "or prohibited weapons (within the meaning of the Weapons Prohibition 13
Act 1998)" after "firearms" in section 35 (2) (d). 14
[4] Section 35 (4) 15
Omit the subsection. 16
[5] Section 35 17
Insert at the end of the section: 18
Note. Section 23 of the Firearms Act 1996 provides for the automatic 19
suspension of a licence under that Act on the making of an interim 20
apprehended violence order against the licence holder and section 24 of 21
that Act provides for the automatic revocation of a licence on the making 22
of a final apprehended violence order against the licence holder. Section 23
17 of the Weapons Prohibition Act 1998 provides for the automatic 24
suspension of a permit under that Act on the making of an interim 25
apprehended violence order against the permit holder and section 18 of 26
that Act provides for the automatic revocation of a permit on the making 27
of a final apprehended violence order against the permit holder. On the 28
suspension or revocation of such licences or permits, the relevant 29
firearms or weapons must be surrendered to the police and may be 30
seized by the police. 31
[6] Section 37 Ancillary property recovery orders may be made 32
Insert after section 37 (1): 33
(1A) A property recovery order may be made under subsection (1): 34
(a) on the motion of the court or authorised officer making the 35
relevant apprehended domestic violence order or interim 36
apprehended domestic violence order, or 37
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Crimes (Domestic and Personal Violence) Amendment Bill 2008
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Act 2007
(b) on the application of a police officer, the protected person 1
or the defendant. 2
[7] Section 38 3
Omit the section. Insert instead: 4
38 Apprehended violence orders made by court or authorised officer 5
can also protect persons with whom person seeking protection 6
has a domestic relationship 7
(1) The power of a court or an authorised officer under this Act to 8
make an apprehended violence order for the protection of a 9
person extends to authorise the making of such an order for the 10
protection of a person with whom the person for whose 11
protection the order was sought has a domestic relationship. 12
(2) If the court makes an apprehended domestic violence order, or 13
the court or authorised officer makes an interim apprehended 14
domestic violence order, for the protection of a person of or 15
above 18 years of age, the court or authorised officer must 16
include as a protected person under the order any child with 17
whom the person of or above 18 years of age has a domestic 18
relationship. 19
(3) A court or authorised officer is not required to comply with 20
subsection (2) if satisfied that there are good reasons for not 21
doing so. However, in that case the court or authorised officer is 22
to give the reasons for not doing so. 23
(4) For the avoidance of doubt, subsections (2) and (3) are subject to 24
sections 41 and 42. 25
(5) An apprehended violence order may be made by a court for the 26
protection of a child in accordance with this section even though 27
an application for the order was not made by a police officer. 28
[8] Section 48 Making of application for an order 29
Omit section 48 (4). Insert instead: 30
(4) An application for an order: 31
(a) may be made by more than one person, and 32
(b) if made by a police officer, may be made on behalf of more 33
than one person, and 34
(c) if made by a person for whose protection the order would 35
be made (the applicant), may also be made by the 36
applicant on behalf of any other person with whom the 37
applicant has a domestic relationship. 38
Page 4
Crimes (Domestic and Personal Violence) Amendment Bill 2008
Amendment of Crimes (Domestic and Personal Violence) Act 2007 Schedule 1
[9] Schedule 1 Savings, transitional and other provisions 1
Insert at the end of clause 1 (1): 2
Crimes (Domestic and Personal Violence) Amendment Act 2008 3
[10] Schedule 1, definition of "old Part 15A" in clause 2 (1) 4
Insert "at any time" after "as in force". 5
[11] Schedule 1, clause 3 (1)-(4) 6
Omit "and in force immediately" wherever occurring. 7
[12] Schedule 1, clause 5 8
Omit the clause. Insert instead: 9
5 References to repealed provisions 10
(1) A reference in any other Act or instrument to Part 15A of the 11
Crimes Act 1900 includes a reference to this Act. 12
(2) A reference to this Act in any other Act or instrument includes a 13
reference to old Part 15A. 14
(3) A reference in this Act or any other Act or instrument to section 15
13 of this Act includes a reference to sections 545AB and 562AB 16
of the Crimes Act 1900 (as in force before their repeal). 17
(4) A reference in this Act or any other Act or instrument to section 18
14 of this Act includes a reference to sections 562I (as in force 19
before its substitution by the Crimes Amendment (Apprehended 20
Violence) Act 2006) and 562ZG (as in force before its repeal) of 21
the Crimes Act 1900. 22
(5) A reference in this or any other Act or instrument to a final 23
apprehended violence order made under this Act includes a 24
reference to a final order within the meaning of old Part 15A. 25
(6) A reference in this or any other Act or instrument to an interim 26
apprehended violence order made under this Act includes a 27
reference to an interim order made by a court under old Part 15A 28
or a telephone interim order within the meaning of old Part 15A. 29
(7) A reference in this or any other Act or instrument to an 30
application for an order under this Act includes a reference to a 31
complaint or application for an order under old Part 15A. 32
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Crimes (Domestic and Personal Violence) Amendment Bill 2008
Schedule 1 Amendment of Crimes (Domestic and Personal Violence) Act 2007
(8) A reference in this or any other Act or instrument to apprehended 1
violence order proceedings within the meaning of this Act 2
includes a reference to proceedings under old Part 15A in relation 3
to an apprehended violence order or an application or complaint 4
for an apprehended violence order. 5
[13] Schedule 1, Part 3 6
Insert after Part 2 of Schedule 1: 7
Part 3 Provisions consequent on enactment of 8
Crimes (Domestic and Personal Violence) 9
Amendment Act 2008 10
7 Definition 11
In this Part, relevant amendment means: 12
(a) an amendment made to Part 2 of this Schedule by the 13
Crimes (Domestic and Personal Violence) Amendment Act 14
2008, or 15
(b) an amendment made to an Act or regulation by Schedule 2 16
to the Crimes (Domestic and Personal Violence) 17
Amendment Act 2008. 18
8 Effect of certain savings and transitional amendments 19
(1) Anything done or omitted to be done on or after the 20
commencement of this Act, but before the commencement of a 21
relevant amendment, that would have been valid if the 22
amendment had been in force at the time that it was done or 23
omitted is taken to have been validly done or omitted. 24
(2) Anything done or omitted to be done before the commencement 25
of this Act in purported compliance with the Firearms Act 1996 26
that would have been valid if, at the time that the thing was done 27
or omitted, the definition of interim apprehended violence order 28
in section 4 (1) of that Act included a reference to a telephone 29
interim order within the meaning of Part 15A of the Crimes Act 30
1900 is taken to have been validly done or omitted. 31
(3) Anything done or omitted to be done before the commencement 32
of this Act in purported compliance with the Weapons 33
Prohibition Act 1998 that would have been valid if, at the time 34
that the thing was done or omitted, the definition of interim 35
apprehended violence order in section 4 (1) of that Act included 36
a telephone interim order within the meaning of Part 15A of the 37
Crimes Act 1900 is taken to have been validly done or omitted. 38
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Crimes (Domestic and Personal Violence) Amendment Bill 2008
Amendment of Crimes (Domestic and Personal Violence) Act 2007 Schedule 1
(4) Subclauses (1)-(3) do not affect any decision of a court or 1
tribunal made before the commencement of this clause or any 2
proceedings before a court or tribunal commenced before the 3
commencement of this clause. 4
9 Service of provisional order on defendant 5
Section 31 (2) (as inserted by the Crimes (Domestic and Personal 6
Violence) Amendment Act 2008) does not apply to a provisional 7
order made before the commencement of the subsection. 8
Page 7
Crimes (Domestic and Personal Violence) Amendment Bill 2008
Schedule 2 Amendment of other Acts and Regulation
Schedule 2 Amendment of other Acts and 1
Regulation 2
(Section 4) 3
2.1 Bail Regulation 2008 4
Clause 10 Notice of bail decisions in cases of alleged sexual assault and 5
personal violence offences 6
Omit the definition of personal violence offence from clause 10 (4). 7
Insert instead: 8
personal violence offence has the same meaning as in the Crimes 9
(Domestic and Personal Violence) Act 2007, but includes an 10
offence under section 61 of the Crimes Act 1900, or an offence of 11
attempting to commit an offence under that section, only if the 12
accused person has a domestic relationship with the alleged 13
victim of the offence. 14
2.2 Commission for Children and Young People Act 1998 No 146 15
Section 33 Definitions 16
Omit the definition of relevant apprehended violence order from section 17
33 (1). 18
Insert instead: 19
relevant apprehended violence order means (subject to 20
subsection (6)) a final apprehended violence order made under 21
the Crimes (Domestic and Personal Violence) Act 2007, or a final 22
order made under Part 15A of the Crimes Act 1900 before its 23
repeal, being an order made on the application of a police officer 24
or other public official for the protection of a child (or a child and 25
others). 26
2.3 Crimes (Sentencing Procedure) Act 1999 No 92 27
Section 77 Home detention not available for offenders with certain 28
history 29
Omit section 77 (1) (e). Insert instead: 30
(e) who is (or has at any time within the last 5 years been) 31
subject to an apprehended violence order (within the 32
meaning of the Crimes (Domestic and Personal Violence) 33
Act 2007), or an apprehended violence order made under 34
Part 15A of the Crimes Act 1900 before its repeal, being an 35
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Crimes (Domestic and Personal Violence) Amendment Bill 2008
Amendment of other Acts and Regulation Schedule 2
order made for the protection of a person with whom it is 1
likely the offender would reside, or continue or resume a 2
relationship, if a home detention order were made. 3
2.4 Firearms Act 1996 No 46 4
[1] Section 4 Definitions 5
Insert after paragraph (a) of the definition of apprehended violence order in 6
section 4 (1): 7
(b) a final order made under Part 15A of the Crimes Act 1900 8
before its repeal, or 9
[2] Section 4 (1), paragraph (a) of the definition of "interim apprehended 10
violence order" 11
Omit "interim court order under". 12
Insert instead "interim apprehended violence order within the meaning of". 13
2.5 Weapons Prohibition Act 1998 No 127 14
[1] Section 4 Definitions 15
Insert after paragraph (a) of the definition of apprehended violence order in 16
section 4 (1): 17
(b) a final order made under Part 15A of the Crimes Act 1900 18
before its repeal, or 19
[2] Section 4 (1), paragraph (a) of the definition of "interim apprehended 20
violence order" 21
Omit "interim court order under". 22
Insert instead "interim apprehended violence order within the meaning of". 23
Page 9
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