Victorian Numbered Acts

STALKING INTERVENTION ORDERS ACT 2008 (NO. 68 OF 2008) - SECT 3

In this Act—

"affected person "means the person whose person or property is the subject of the application for, or is protected by, an intervention order;

assault has the meaning given in section 31 of the Crimes Act 1958 ;

"child" means a person who is under the age of 18 years;

"corresponding interstate order" means an order—

        (a)         made under a provision of a law of another State or a Territory that corresponds to section 7; or

        (b)             that is prescribed to be a corresponding interstate order;

"corresponding New Zealand order" means an order made under section 16 of the Harassment Act 1997 of New Zealand;

"court" means, subject to section 6, the Magistrates' Court;

family member has the meaning given in section 8 of the Family Violence Protection Act 2008; " "

"final order" means an order made under section 7 and includes—

        (a)     an order made under section 7 as varied or extended under section 25; and

        (b)     an order made under section 7 as confirmed or varied on appeal to the County Court or Supreme Court;

"firearms authority" means a licence, permit or other authority under the Firearms Act 1996 to possess, carry or use firearms;

"interim order" means an order made under section 13 or 14 and includes an order made under section 13 or 14 as varied or extended under section 25;

"intervention order" means—

        (a)     an interim order; or

        (b)         a final order;

"parent", in relation to a child, includes a guardian of the child or a person with whom the child normally or regularly resides;

"party", to a proceeding under this Act, includes—

        (a)         the affected person for the proceeding, whether or not the person is the applicant for the proceeding; and

        (b)     if the affected person is not the applicant for the proceeding, the applicant; and

        (c)     the respondent;

"police officer "means a member of the police force;

"possession", in relation to a firearm, has the same meaning as it has under the Firearms Act 1996 ;

"property", in relation to a person, includes—

        (a)     property of the person; and

        (b)     property that is situated in premises in which the person lives or works whether or not it is the person's property; and

        (c)         property that is being used by the person whether or not it is the person's property;

"registrar" means the registrar of the Magistrates' Court or the Children's Court (as the case requires) and includes a deputy registrar of the Magistrates' Court or the Children's Court (as the case requires);

"respondent" means a person against whom—

        (a)     an application for an intervention order has been made; or

        (b)     an intervention order has been made;

stalking has the meaning given in section 4.