Attorney General Regulations Amendment (Family Violence Restraining Orders) Regulations 2017 (WA)

3432 GOVERNMENT GAZETTE, WA 27 June 2017

JU302

Bail Act 1982

Children's Court of Western Australia Act 1988

Criminal Procedure Act 2004 Cross-border Justice Act 2008

Magistrates Court Act 2004

Attorney General Regulations Amendment

(Family Violence Restraining Orders)

Regulations 2017

Made by the deputy of the Governor in Executive Council.

Part 1 — Preliminary

This Part amends the Bail Regulations 1988.

1.   Citation

These regulations are the Attorney General Regulations
Amendment (Family Violence Restraining Orders)
Regulations 2017.

2.   Commencement

These regulations come into operation as follows —

(a)	Part 1 — on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on 1 July 2017.

Part 2 —Bail Regulations 1988 amended

3. Regulations amended

27 June 2017 GOVERNMENT GAZETTE, WA 3433

4.            Schedule amended

(1) In the Schedule Form 1 clause 3 in the sentence that begins with
"Certain police officers" delete paragraph (d) and insert:

(d) where the arrest is made in an urban area (as
defined) for an offence that involves breach of a
family violence restraining order or violence
restraining order.

(2) In the Schedule Form 1 clause 3 in the sentence that begins with
"A justice" delete paragraph (c) and insert:

(c) where the arrest is made in an urban area (as
defined) for an offence that involves breach of a
family violence restraining order or violence
restraining order.

Part 3 - Children's Court (Fees)

Regulations 2005 amended

5.            Regulations amended

This Part amends the Children's Court (Fees) Regulations 2005.

6.            Regulation 5 amended

In regulation 5(a) before "violence" (each occurrence) insert:

family violence restraining order or

Part 4—Criminal Procedure

Regulations 2005 amended

7.           Regulations amended

This Part amends the Criminal Procedure Regulations 2005.

8.            Schedule 3 clause 3 amended

In Schedule 3 clause 3(a) after "(Breaching a" insert:

family violence restraining order or

9.            Schedule 4 clause 8 amended

In Schedule 4 clause 8(a) after "(Breaching a" insert:

family violence restraining order or

3434 GOVERNMENT GAZETTE, WA 27 June 2017

Part 5 - Cross-border Justice

Regulations 2009 amended

10.          Regulations amended

This Part amends the Cross-border Justice Regulations 2009.

11. Regulation 77 replaced
Delete regulation 77 and insert:

77.          Section 62F altered

(1)	In section 62F(1)(c) after "place" (1 and 2nd occurrences) insert:
(which may be in another participating jurisdiction)
(2)	In section 62F(2)(a) after "place" (1st and 2nd occurrences) insert:
(which may be in another participating jurisdiction)

12.         Regulation 78 amended

In regulation 78 in inserted section 73A of the Restraining
Orders Act 1997 delete "73A." and insert:

72AA. 

Note: The heading to amended regulation 78 is to read:

Section 72AA inserted

13.          Regulation 82 amended

In regulation 82 in inserted section 79AA(5) and (6) of the
Restraining Orders Act 1997 before "violence" insert:

family violence restraining order or

Part 6 - Magistrates Court Regulations 2005 amended

14. Regulations amended
This Part amends the Magistrates Court Regulations 2005.

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15.          Regulation 5 amended

In regulation 5(1) before "violence" insert:

family violence restraining order or

16.          Regulation 9 amended

In regulation 9(1) before "violence" insert:

family violence restraining order or

Part 7 — Magistrates Court (Fees)

Regulations 2005 amended

17.          Regulations amended

This Part amends the Magistrates Court (Fees)
Regulations 2005.

18.          Regulation 5 amended

In regulation 5(1)(a) before "violence" insert:

family violence restraining order or

R. NEILSON, Clerk of the Executive Council.