Domestic Violence (Amendment) Act 1997 (ACT)
AUSTRALIAN CAPITAL TERRITORY
Domestic Violence (Amendment) Act 1997
No. 24 of 1997
An Act to amend the Domestic Violence Act 1986
[Notified in ACT Gazette S136: 29 May 1997]
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Short title
1. This Act may be cited as the Domestic Violence (Amendment) Act 1997.
Commencement
2. (1) Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette.
(2) The remaining provisions commence on the day on which section 4 of the Crimes (Amendment) Act (No. 2) 1997 commences.
Principal Act
3. In this Act, “Principal Act” means the Domestic Violence Act 1986.1
Interpretation
4. Section 3 of the Principal Act is amended—
(a)by omitting the definition of “domestic violence offence” and substituting the following definition:
“ ‘domestic violence offence’ means—
(a)an offence against a provision of the Crimes Act specified in column 1 of Schedule 1A or an attempt to commit such an offence;
(b)an offence against section 27 of this Act; or
(c)an offence against section 129 of the Motor Traffic Act 1936;
committed by a person so as to cause physical or emotional harm to—
(d)a spouse of the person;
(e)a child of the person or of a spouse of the person;
(f)a relative; or
(g)a household member;”; and
(b)by omitting the definition of “prescribed offence”.
Protection orders, interim protection orders—firearms
5. Section 14A of the Principal Act is amended—
(a)by omitting from subsection (1) all the words after “cancelled” (first occurring); and
(b)by omitting subsections (2), (3), (4), (5) and (6) and substituting the following subsections:
“(2) If the court makes such a protection order, the court may also order—
(a)the seizure of any firearm and any ammunition for a firearm in the respondent’s possession; and
(b)the seizure of the licence.
“(3) Where an interim protection order is made in respect of a person who is the holder of a licence under the Firearms Act 1996, the licence is by force of this section suspended until the order is confirmed or revoked and the court may order—
(a)the seizure of the licence for the period specified in the order; and
(b)the seizure and detention for that period of any firearm and any ammunition for a firearm in the respondent’s possession.
“(4) An expression used in this section that is defined in the Firearms Act 1996 has, in this section, the same meaning as in that Act.”.
Insertion
6. Before Schedule 1 to the Principal Act, the Schedule set out in the Schedule to this Act is inserted.
SCHEDULE Section 6
SCHEDULE TO BE INSERTED IN PRINCIPAL ACT
SCHEDULE 1A Section 3
DOMESTIC VIOLENCE OFFENCES UNDER THE
CRIMES ACT 1900
| Column 1 Provision | Column 2 Description of offence |
| 12 | Murder |
| 15 | Manslaughter |
| 19 | Intentionally inflicting grievous bodily harm |
| 20 | Recklessly inflicting grievous bodily harm |
| 21 | Wounding |
| 22 | Assault with intent to commit certain indictable offences |
| 23 | Intentionally or recklessly inflicting actual bodily harm |
| 24 | Assault occasioning actual bodily harm |
| 25 | Unlawfully or negligently causing grievous bodily harm |
| 26 | Common assault |
| 27 | Acts endangering human life |
| 28 | Acts endangering the health, safety or physical well-being of another person |
| 29 | Culpable driving of a motor vehicle |
| 30 | Threatening to kill |
| 31 | Threatening to inflict grievous bodily harm |
| 32 (1) (a) | Making a demand with a threat to kill or inflict grievous bodily harm |
| 32 (2) (a) | Making a demand with a threat to endanger health, safety or physical well-being |
| 33 | Possession of an object with intent to use it to kill or cause grievous bodily harm |
| 34 | Forcible confinement or imprisonment |
| 34A | Stalking |
| 36 | Abduction of a young person |
| 37 | Kidnapping |
| 92A | Inflicting grievous bodily harm on a person with intent to engage in sexual intercourse |
| 92B | Inflicting actual bodily harm on a person with intent to engage in sexual intercourse |
| 92C | Unlawful assault or threatening to inflict grievous or actual bodily harm with intent to engage in sexual intercourse |
| 92D | Sexual intercourse without consent |
| 92E | Sexual intercourse with a young person |
| 92F | Inflicting grievous bodily harm with intent to commit an act of indecency |
| 92G | Inflicting actual bodily harm with intent to commit an act of indecency |
| 92H | Unlawful assault or threatening to inflict grievous or actual bodily harm with intent to commit an act of indecency |
| 92J | Committing an act of indecency without consent |
| 92K | Committing an act of indecency upon or in the presence of a young person |
| 92L | Incest or similar offences |
| 92M | Abducting or detaining a person with intent to engage in sexual intercourse |
| 128 | Destroying or damaging property |
| 129 | Destroying or damaging property by means of fire or explosive |
| 133 | Possession of an article with intent to use it to destroy property |
| 145 (1) (a) | Being armed with a weapon or instrument with intent to commit an offence |
| 146 | Forcible entry on to land in a manner likely to cause a breach of the peace |
| 493 | Possession of an offensive weapon or disabling substance in a public place in circumstances likely to cause alarm |
| 494 | Possession of an offensive weapon or disabling substance in circumstances indicating intent to use the weapon or substance |
| 546A | Behaving in an offensive manner |
NOTE
Principal Act
Reprinted as at 30 November 1996. See also Act No. 74, 1996.
[Presentation speech made in Assembly on 10 April 1997]
© Australian Capital Territory 1997
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