Victorian Numbered Acts

STALKING INTERVENTION ORDERS ACT 2008 (NO. 68 OF 2008) - NOTES

No. 68 of 2008

Victoria

Stalking Intervention Orders Act 2008^[†]

No. 68 of 2008

[Assented to 18 November 2008]

^[†]     Minister's second reading speech—

    Legislative Assembly: 12 September 2008

    Legislative Council: 30 October 2008

    The long title for the Bill for this Act was "A Bill for an Act to provide for a system of intervention orders in cases of stalking and for other purposes."

        Constitution Act 1975:

    Section 85(5) statement:

    Legislative Assembly: 12 September 2008

    Legislative Council: 30 October 2008

    Absolute majorities:

    Legislative Assembly: 30 October 2008

    Legislative Council: 12 November 2008

INDEX

Subject	Section
Act
amendments of other Acts	63–83
application	5
commencement	2
purpose	1
regulations	55
transitional provisions	56–62
Appeals	30, 31
Arrest
applications for warrants on oath	16
following non-appearance of respondent	18
for contravention of orders	33
warrants issued following applications	15
Bail	30, 48
Children, Youth and Families Act 2005	30, 31, 51, 54
Children's Court	6, 54
Costs	50
County Court	30, 31
Definitions	3, 4, 6, 30, 31, 48, 56
Entry powers	34, 36–39
Evidence	20, 21
Firearms, firearms authorities, ammunition
firearms authorities	3, 9, 35
possession (def.)	3
seizure, forfeiture, disposal, return of	40–42
surrender of	35
Interstate orders
corresponding interstate orders (def.)	3
registration	43, 44
transitional provisions	62
variation, revocation, extension	45
Intervention orders
affected persons (def.)	3
appeals	30, 31
applications	11, 12, 14
child (def.)	3
concurrent criminal proceedings	24
consent orders	22
contravention of	32, 33
duration	10, 13
evidence, presence of children	21
explanation of orders	23
final orders	3, 7
interim orders	3, 13, 14, 59
prevail over orders under Children, Youth and Families Act 2005	51
Subject	Section
procedure
in absence of respondent	18
third party applications	19
respondent (def.)	3
restrictions, prohibitions	8
rules of evidence not to apply in certain cases	20
service of applications, orders	17, 29
stay pending appeal	30
transitional provisions	58–60
variation, revocation, extension	25–29
warrants	15, 16
Magistrates' Court	6, 53
Magistrates' Court Act 1989	30, 31, 37, 53
New Zealand orders	3, 46, 47, 62
Offences
contravention of intervention orders	32
restriction on reports involving children	49
surrender of firearms, firearms authorities, ammunition	35
Police
definition	3
powers regarding
applications for intervention orders	11, 12, 14
arrest	15, 33
entry, search	34, 36–39
seizure, surrender of firearms, firearms authorities, ammunition	35, 40–42
Proceedings	6, 18, 19, 61
Property (def.)	3
Registrars
definition	3
interstate orders	43, 45
intervention orders	28, 29
issue of summons, warrants	15
New Zealand orders	46, 47
Regulations	55
Search
warrants	37–39
without warrant	34, 36
Seizure	40–42
Stalking (def.)	4
Supreme Court
appeals to	30, 31
limitation of jurisdiction	52
Transitional provisions	56–62