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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Restraining Orders Amendment Bill 2013
Contents
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Restraining Orders Act 1997
amended
3. Act amended 3
4. Section 25 amended 3
5. Section 64 amended 3
Part 3 -- Children's Court of Western
Australia Act 1988 amended
6. Act amended 4
7. Section 20 amended 4
12--1 page i
Western Australia
LEGISLATIVE COUNCIL
Restraining Orders Amendment Bill 2013
A Bill for
An Act to amend the Restraining Orders Act 1997 and to make
consequential amendments to the Children's Court of Western
Australia Act 1988.
The Parliament of Western Australia enacts as follows:
page 1
Restraining Orders Amendment Bill 2013
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Restraining Orders Amendment Act 2013.
4 2. Commencement
5 This Act comes into operation on the day on which it receives
6 the Royal Assent.
page 2
Restraining Orders Amendment Bill 2013
Restraining Orders Act 1997 amended Part 2
s. 3
1 Part 2 -- Restraining Orders Act 1997 amended
2 3. Act amended
3 This Part amends the Restraining Orders Act 1997.
4 4. Section 25 amended
5 Delete section 25(3) and insert:
6
7 (3) An application for a violence restraining order made in
8 person is to be made in the prescribed form to --
9 (a) if the respondent is a child, the Children's
10 Court; or
11 (b) if the respondent is not a child and the person
12 seeking to be protected is a child, the
13 Children's Court or the Magistrates Court; or
14 (c) otherwise, the Magistrates Court.
15
16 5. Section 64 amended
17 Delete section 64(3) and (4) and insert:
18
19 (3) If the decision was made by the Children's Court when
20 constituted so as not to consist of or include a Judge,
21 the appeal is to be made in accordance with the
22 Children's Court of Western Australia Act 1988
23 section 41.
24 (4) If the decision was made by the Children's Court when
25 constituted so as to consist of or include a Judge, the
26 appeal is to be made in accordance with the Children's
27 Court of Western Australia Act 1988 section 42A.
28
page 3
Restraining Orders Amendment Bill 2013
Part 3 Restraining Orders Act 1997 amended
s. 6
1 Part 3 -- Children's Court of Western Australia
2 Act 1988 amended
3 6. Act amended
4 This Part amended the Children's Court of Western Australia
5 Act 1988.
6 7. Section 20 amended
7 (1) Delete section 20(1)(c).
8 (2) After section 20(1) insert:
9
10 (2A) Subject to this Act and the Restraining Orders
11 Act 1997 section 52, the Court has jurisdiction to hear
12 and determine all applications made to the Court with
13 respect to a child under the Restraining Orders
14 Act 1997.
15
16 (3) In section 20(2) delete "subsection (1)." and insert:
17
18 subsections (1) and (2A).
19
20
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