Victorian Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
STALKING INTERVENTION ORDERS ACT 2008 (NO. 68 OF 2008)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
4. Meaning of stalking
5. Act not to apply to certain conduct
6. Jurisdiction of the Children's Court
PART 2--INTERVENTION ORDERS
7. Final orders
8. Restrictions and prohibitions that may be included in an intervention order
9. Cancellation or suspension of firearms authority
10. Duration of order
11. Applications for intervention orders
12. Police applicants and police prosecutors
13. Court may make interim orders
14. Applications for intervention orders made by telephone or fax
PART 3--PROCEDURES RELATING TO INTERVENTION ORDERS
15. Warrant may issue on certain applications
Division 3--of Part 4 of the Magistrates' Court Act 1989 contains provisions for the issuing of warrants. Section 57(4) of that Act provides that all warrants, other than a search warrant, may be issued by a registrar or a magistrate.
16. Application on oath if warrant to issue
17. Service of application for intervention order
18. Procedure in absence of the respondent
19. Procedure in third party applications
20. Rules of evidence not to apply in certain cases
21. Restriction on evidence by and presence of children
22. Consent orders
23. Explanation of orders
24. Concurrent criminal proceedings
25. Variation, revocation or extension of orders
26. Who may apply
27. Service of application for variation, revocation or extension
28. Variation, revocation or extension of order registered interstate
29. Service of intervention orders
Division 4--Appeals
30. Appeal by respondent
31. Appeal by applicant
32. Contravention of an order
33. Arrest for contravention of an order
PART 4--SEARCH OF PREMISES AND SEIZURE OF FIREARMS
34. Entry and search of premises
35. Surrender of firearms
36. Search without warrant
37. Warrants to search premises and vehicles
38. Announcement before entry
39. Copy of the warrant to be given to occupier
40. Seizure of firearms
41. Effect of seizure of firearms if final order made
42. Effect of seizure of firearm if no final order made
PART 5--REGISTRATION OF INTERSTATE AND NEW ZEALAND ORDERS
43. Registration of corresponding interstate orders
44. Effect of registration
45. Variation, revocation or extension of corresponding interstate order
46. Registration of corresponding New Zealand orders
47. Effect of registration
PART 6--MISCELLANEOUS
48. Bail on appearance to summons or on arrest
49. Restriction on reports of proceedings involving children
50. Costs
51. Intervention order prevails over order under Children, Youth and Families Act 2005
52. Supreme Court—limitation of jurisdiction
53. Rules of court and practice directions for Magistrates' Court
54. Rules of court and practice directions for Children's Court
55. Regulations
PART 7--TRANSITIONAL PROVISIONS
56. Definitions
57. References to repealed Act
58. Intervention orders
59. Interim orders
60. Complaints and applications
61. Proceedings
62. Interstate and New Zealand orders
PART 8--CONSEQUENTIAL AMENDMENTS
63. Entitlement to bail
64. Definition of child
65. Jurisdiction of the Family Division
66. Jurisdiction of the Neighbourhood Justice Division
Division 3--Amendments to the Corrections Act 1986
67. Home detention
68. Contents of home detention assessment report
Division 4--Amendments to the Crimes Act 1958
69. Stalking
Division 5--Amendments to the Firearms Act 1996
70. Definition
71. Immediate cancellation of a licence
72. Suspension of licence—certain prohibited persons
73. Power of Chief Commissioner to cancel licence under this Part
74. Surrender of firearms and licence document
75. Application to be deemed not to be prohibited person
76. New section 214 inserted
Division 6--Amendment to the Health Records Act 2001
77. Definition
Division 7--Amendments to the Magistrates' Court Act 1989
78. Definition
79. Koori Court Division
80. Neighbourhood Justice Division
81. Reportable offences
Division 9--Amendments to the Sentencing Act 1991
82. Home detention
83. Contents of home detention assessment report
ENDNOTES
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback