Victorian Current Acts

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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 222

Protection for protected person applies to acts committed before commencement day

    (1)     This section applies if—

S. 222(1)(a) amended by No. 68/2009 s. 97(Sch. item 57.5).

        (a)     an aggrieved family member aided, abetted, counselled or procured the commission of an offence against the repealed Act because the aggrieved family member encouraged, permitted or authorised conduct by the accused that breached an intervention order under the repealed Act; and

        (b)     immediately before the commencement day the person had not been charged under section 52 of the Magistrates' Court Act   1989 with the offence or, if the person had been charged under that section, the charge had not been dealt with.

    (2)     On and from the commencement day—

        (a)     section 125 of the new Act applies to the person; and

        (b)     the person cannot be charged with an offence under section 52 of the Magistrates' Court Act 1989 for the aiding, abetting, counselling or procuring or, if the person has already been charged, the charge must be withdrawn.



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