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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 224C

Transitional provisions—Personal Safety Intervention Orders Act 2010

    (1)     Section 53(3), inserted by section 200 of the Personal Safety Intervention Orders Act 2010 , applies on and from that commencement to all applications for family violence intervention orders.

    (2)     Section 65, as amended by section 201 of the Personal Safety Intervention Orders Act 2010 , applies to a hearing in relation to an application that was made on or after the commencement of that section 201.

    (3)     Section 74, as amended by section 203 of the Personal Safety Intervention Orders Act 2010 , applies in relation to an application for a final order that was made on or after the commencement of that section 203.

    (4)     Section 74(3), as inserted by section 203 of the Personal Safety Intervention Orders Act 2010 , applies on and from that commencement to all applications for family violence intervention orders.

    (5)     The first report under section 200 given after the commencement of section 207 of the Personal Safety Intervention Orders Act 2010 by each of the Magistrates' Court and the Children's Court must also include the number of orders made under Part 11 in the period commencing on 8 December and finishing on 31 December in the year before that to which the report relates.

S. 224C(6) inserted by No. 53/2010 s. 220.

    (6)     The amendments made by Division 2 of Part 14 of the Personal Safety Intervention Orders Act 2010 only apply to applications for family violence intervention orders made on or after the commencement of that Division.

S. 224C(7) inserted by No. 53/2010 s. 220.

    (7)     If, before the commencement of Division 2 of Part 14 of the Personal Safety Intervention Orders Act 2010 , an application was made under section 189 for an order declaring a person to be a vexatious litigant, Part 11, as in force immediately before that commencement, continues to apply to the determination of the application.

S. 224C(8) inserted by No. 53/2010 s. 220.

    (8)     If—

        (a)     before the commencement of Division 2 of Part 14 of the Personal Safety Intervention Orders Act 2010 ; or

        (b)     after the hearing of an application referred to in subsection (5)—

the court made or makes an order under section 193 declaring a person to be a vexatious litigant, on and from the commencement day or on and from making the order (as the case requires), the order is taken to provide that the person must not make an application for a personal safety intervention order, or the variation, revocation or extension of a personal safety intervention order, in relation to the person stated in the vexatious litigant order or the person's children.

Pt 14 Div. 7 (Heading and s. 224D) inserted by No. 83/2012 s. 29.

Division 7—Justice Legislation (Family Violence and Other Matters) Act 2012

S. 224D inserted by No. 83/2012 s. 29.



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