Domestic Violence (Family Protection) Amendment Act 1992 (Qld)

Queensland DOMESTIC VIOLENCE (FAMILY PROTECTION) AMENDMENT ACT 1992 Act No. 46 of 1992

Queensland DOMESTIC VIOLENCE (FAMILY PROTECTION) AMENDMENT ACT 1992 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Replacement of s.3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3A Meaning of “court” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3B Meaning of “possession” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3C Meaning of “premises” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3D Meaning of “property” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 3E Meaning of “weapons licence” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3EA Meaning of court being satisfied . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 Insertion of new Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 1A—UNDERSTANDING DOMESTIC VIOLENCE (FAMILY PROTECTION) UNDER THIS ACT 3F Purpose of this Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 3G What is domestic violence? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3H Who is a “spouse”? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 3I What assistance can a court give to prevent domestic violence? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3J Who can apply for a protection order? . . . . . . . . . . . . . . . . . . . . . . . . 14 3K Who can a domestic violence order protect? . . . . . . . . . . . . . . . . . . 15 3L When can a court make a domestic violence order? . . . . . . . . . . . . 16

2 Domestic Violence (Family Protection) Amendment No. 46, 1992 3M What are the conditions of a domestic violence order? . . . . . . . . . . 16 3N What is meant by a weapon? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3O What can happen if a respondent spouse does not comply with an order? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 7 Replacement of Part 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 PART 2—DOMESTIC VIOLENCE ORDERS—POWERS OF COURT Division 1—Powers of courts to make domestic violence orders 4 Power of court to make orders to protect spouse against domestic violence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 4A Power of court to make orders to protect relatives or associates of aggrieved spouse against violence etc. . . . . . . . . . . . . 18 4B Protection order must include standard condition to be of good behaviour etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4C Protection order must include standard condition about weapons etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 4D Arrangements for surrender of revoked or suspended licences etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 5 Court may impose other conditions . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5A Special condition for thing that has been used as a weapon . . . . . . 22 5B No weapons licence for duration of domestic violence order . . . . . 23 5C Court may allow respondent spouse to possess weapons in limited circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 5D Domestic violence orders must include information about weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 6 Power of court if spouse pleads or is found guilty of related offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 7 Power of court to make temporary protection orders . . . . . . . . . . . . 25 7A Court may make temporary protection order without proof of service in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . 26 8 Court may make domestic violence order by consent . . . . . . . . . . . 26 9 Start of domestic violence orders and their duration . . . . . . . . . . . . 26 10 Variation of domestic violence order . . . . . . . . . . . . . . . . . . . . . . . . . 27 10A Revocation of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 10B Commissioner of Police must be given notices of applications to vary or revoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

3 Domestic Violence (Family Protection) Amendment No. 46, 1992 11 Conferral of jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 11A Court may summons person to attend . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 2—Registration of domestic violence orders from other States and Territories 12 Application to register interstate order in Queensland . . . . . . . . . . . 29 12A Clerk to obtain copies of order and proof of service . . . . . . . . . . . . . 30 12B Registration of interstate order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 12C Duty of clerk after order is registered . . . . . . . . . . . . . . . . . . . . . . . . . 30 12D Effect of registration of interstate order . . . . . . . . . . . . . . . . . . . . . . . 31 12E Variation etc. of registered interstate order . . . . . . . . . . . . . . . . . . . . 31 12F Applicant need not notify interstate spouse etc. . . . . . . . . . . . . . . . . 32 8 Replacement of ss.12, 13 and 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Division 1—Procedures to be followed by court on applications for protection orders 13 Service of application on respondent spouse may be accompanied by summons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 13A Appearance of respondent spouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 14 Non-appearance of respondent spouse . . . . . . . . . . . . . . . . . . . . . . . . 34 14A Domestic violence orders to be explained . . . . . . . . . . . . . . . . . . . . . 35 9 Amendment of s.15 (Application for revocation or variation) . . . . . . . . . . . 36 10 Insertion of new s.15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 15A Duty of clerk of court to give certain notices to Commissioner of Police . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 11 Replacement of ss.16 and 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 16 Procedure if respondent spouse found guilty etc. of related offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 2—Police may apply for temporary protection order in certain circumstances 17 Applications by telephone, facsimile, etc. . . . . . . . . . . . . . . . . . . . . 38 12 Replacement of s.20 (Proceedings upon interim protection order) . . . . . . . 39 20 Return date of temporary protection order . . . . . . . . . . . . . . . . . . . . . 39 13 Amendment of s.21 (Service of court orders) . . . . . . . . . . . . . . . . . . . . . . . . 40 14 Amendment of s.22 (Provisions concerning warrants) . . . . . . . . . . . . . . . . . 40 15 Replacement of ss.23 and 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

4 Domestic Violence (Family Protection) Amendment No. 46, 1992 23 Police officer or authorised person may represent aggrieved spouse . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 24 Court may not award costs except if application malicious etc. . . . 41 16 Amendment of s.25 (Concurrent proceedings) . . . . . . . . . . . . . . . . . . . . . . . 41 17 Amendment of s.26 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 18 Amendment of s.27 (Institution of appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . 43 19 Amendment of s.28 (Nature of appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 20 Replacement of Part heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 PART 5—POLICE FUNCTIONS AND POWERS 21 Replacement of s.31 (Police intervention) . . . . . . . . . . . . . . . . . . . . . . . . . . 44 30A Police officer may require person to provide identification . . . . . . . 44 31 Presence at domestic violence incident . . . . . . . . . . . . . . . . . . . . . . 46 31A Duty of police officer who has taken a person into custody under section 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 31B Police officer must apply for protection order etc. . . . . . . . . . . . . . . 47 31C Duty of police officers to apply for protection order in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 22 Amendment of s.32 (Entry on and search of premises) . . . . . . . . . . . . . . . . 49 23 Insertion of new s.32A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 32A Police actions after protection order is made . . . . . . . . . . . . . . . . . . 50 24 Amendment of s.33 (Entry of registers; availability for inspection) . . . . . . 51 25 Replacement of s.34 (Disposal of seized items) . . . . . . . . . . . . . . . . . . . . . . 51 34 Disposal of seized items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 26 Amendment of s.35 (Arrest of certain offenders) . . . . . . . . . . . . . . . . . . . . . 52 27 Insertion of new s.36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 36A Part not to limit Part 4 of Weapons Act 1990 . . . . . . . . . . . . . . . . . . 53 28 Amendment of s.37 (Breach of order or conditions) . . . . . . . . . . . . . . . . . . . 53 29 Insertion of new s.37A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 37A Courts to be closed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 30.(1) Amendment of s.38 (Restriction on publication of proceedings) . . . . . . . . . 54 31 Amendment of s.40 (Evidentiary provision) . . . . . . . . . . . . . . . . . . . . . . . . . 54 32 Amendment of s.41 (Service etc. of documents) . . . . . . . . . . . . . . . . . . . . . 54 33 Replacement of s.43 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55

5 Domestic Violence (Family Protection) Amendment No. 46, 1992 43 Minister may approve forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 44 Clerks to ensure forms are readily available . . . . . . . . . . . . . . . . . . . 55 45 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 PART 7—TRANSITIONAL 46 Interpretation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 47 Instruments, documents, decisions and orders to continue with certain changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 48 Certain orders under old Act to be acted on by police . . . . . . . . . . . 57 49 Higher courts may deal with pending matters . . . . . . . . . . . . . . . . . . 57 50 Standard conditions not part of orders under old Act . . . . . . . . . . . . 58 51 Disposal of weapons seized under old Act . . . . . . . . . . . . . . . . . . . . 58 52 Renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 SCHEDULE CONSEQUENTIAL AMENDMENTS BECAUSE OF CHANGES IN REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 1. ‘Aggrieved person’ to ‘aggrieved spouse’ . . . . . . . . . . . . . . . . . . . . . . . . . 60 2. ‘Interim protection order’ to ‘temporary protection order’ . . . . . . . . . . . . 60 3. ‘Magistrates Court’ to ‘court’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 4. ‘Member of the police force’ to ‘police officer’ . . . . . . . . . . . . . . . . . . . . 60 5. ‘Member’s’ to ‘officer’s’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 6. ‘Prescribed form’ to ‘approved form’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 7. ‘Respondent’ to ‘respondent spouse’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 8. ‘Respondent’s’ to ‘spouse’s’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 9. Omission of ‘firearm or other’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 10. Omission of ‘firearms or other’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 11. Omission of ‘Stipendiary’ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61

Queensland Domestic Violence (Family Protection) Amendment Act 1992 Act No. 46 of 1992 An Act to amend the Domestic Violence (Family Protection) Act 1989 [Assented to 19 August 1992]

8 Domestic Violence (Family Protection) Amendment No. 46, 1992 BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows. ˙ Short title 1. This Act may be cited as the Domestic Violence (Family Protection) Amendment Act 1992 . ˙ Commencement 2. This Act commences on a day to be fixed by proclamation. ˙ Amended Act 3. The Domestic Violence (Family Protection) Act 1989 is amended as set out in this Act. ˙ Amendment of long title 4. Long title— omit ‘and’ , insert ‘, for protection of certain other persons and’. ˙ Replacement of s.3 (Interpretation) 5. Section 3— omit, insert— ˙ ‘Interpretation ‘3. In this Act— “aggrieved person” has the meaning given in section 3K(3); “aggrieved spouse” has the meaning given in section 3H(2); “approved form” is a form approved by the Minister under section 43; “associate” has the meaning given in section 3K(6); “associated domestic violence” means an act mentioned in section 4A(1);

9 Domestic Violence (Family Protection) Amendment No. 46, 1992 “authorised person” has the meaning given in section 3J(2); “child” of an aggrieved spouse means— (a) a biological, adopted, step or foster child of the aggrieved spouse; or (b) another minor in the care or custody of the aggrieved spouse; whether or not the child is a child of the respondent spouse; “clerk” of a court means— (a) if the court is a Magistrates Court—the clerk of the court; or (b) if the court is a District Court—the registrar, within the meaning of the District Courts Act 1967 , of the court; or (c) if the court is the Supreme Court—the registrar of the Supreme Court; “court” has the meaning given in section 3A; “damage” to property includes destruction or loss of the property; “domestic violence” has the meaning given in section 3G(1); “domestic violence order” means— (a) a protection order; or (b) a temporary protection order; “interstate order” means an order made by a court of another State or a Territory under a prescribed law of the other State or Territory; “justice” means a justice of the peace, but does not include a justice of the peace (commissioner for declarations) within the meaning of the Justices of the Peace and Commissioners for Declarations Act 1991 ; “Magistrates Court” has the meaning given in section 3A; “possession” has the meaning given in section 3B; “premises” has the meaning given in section 3C; “property” has the meaning given in section 3D; “protection order” means an order made under section 4(1); “registered interstate order” means an interstate order that is registered

10 Domestic Violence (Family Protection) Amendment No. 46, 1992 under section 12B; “relative” has the meaning given in section 3K(5); “respondent spouse” has the meaning given in section 3H(3); “spouse” has the meaning given in section 3H(1); “temporary protection order” has the meaning given in section 3I(3); “weapon” has the meaning given in section 3N(1). “weapons licence” has the meaning given in 3E. ˙ ‘Meaning of “court” ‘3A.(1) “Court” means— (a) if an application is made to a Magistrates Court—the Magistrates Court; or (b) if an application is made to a Magistrate under section 17—the Magistrate; or (c) if an offender pleads guilty or is found guilty in relation to an offence that involves domestic violence—the court before which the offender appears. ‘(2) A “Magistrates Court” means a court constituted by a Magistrate but, subject to subsection (3), does not include a court constituted by justices who are not Magistrates. ‘(3) If an application is made— (a) to make a domestic violence order in terms agreed to by, or on behalf of, an aggrieved spouse and a respondent spouse; or (b) to make or extend a temporary protection order and a Magistrate is not readily available to constitute a Magistrates Court for the purpose; or (c) to adjourn proceedings taken with a view to the making of a domestic violence order against a respondent spouse; a Magistrates Court constituted by 2 or more justices may deal with the application.

11 Domestic Violence (Family Protection) Amendment No. 46, 1992 ‘(4) An order made, or action taken, under subsection (3) is a procedural order or action for the purposes of the JusticesofthePeaceandCommissioners for Declarations Act 1991 . ˙ ‘Meaning of “possession” ‘3B. “Possession” of a weapon or thing includes— (a) having it in one’s custody; and (b) having it under one’s control in any place (whether or not another has custody of it); and (c) having an ability to obtain its custody at will; and (d) having a claim to its custody if the claimant has committed it to the custody of another, even though the weapon or thing is temporarily not in the control of the person having the claim. ˙ ‘Meaning of “premises” ‘3C. “Premises” includes any, or part of any, of the following (whether a public place or private property)— (a) an area of land (including a road within the meaning of the TrafficAct 1949 ); and (b) a building or structure (whether movable or immovable), including a dwelling house; and (c) a vehicle, vessel or aircraft; and (d) a caravan or trailer. ˙ ‘Meaning of “property” ‘3D. “Property” of a person (whether an aggrieved spouse, aggrieved person or another person) means property that— (a) the person owns; or (b) the person does not own, but— (i) is used and enjoyed by the person; or

12 Domestic Violence (Family Protection) Amendment No. 46, 1992 (ii) is available for the person’s use or enjoyment; or (iii) is in the person’s care or custody; or (iv) is at the premises at which the person is residing. ’. ˙ ‘Meaning of “weapons licence” ‘3E. “Weapons licence” , in relation to a respondent spouse, means— (a) a licence, within the meaning of the Weapons Act 1990 , that is issued in the name of the respondent spouse; or (b) a licence on which the name of the respondent spouse is endorsed as the representative of a body corporate or firm under section 2.2 (2) of the Weapons Act 1990 . ˙ ‘Meaning of court being satisfied ‘3EA. If a court is to be satisfied of a matter, the court need only be satisfied of the matter on the balance of probabilities. ’. ˙ Insertion of new Part 6. After section 3— insert— ‘PART 1A—UNDERSTANDING DOMESTIC VIOLENCE (FAMILY PROTECTION) UNDER THIS ACT ˙ ‘Purpose of this Part ‘3F.(1) The purpose of this Part is to assist in the understanding of this Act. ‘(2) It sets out some of the ideas and expressions that are important for an understanding of this Act.

13 Domestic Violence (Family Protection) Amendment No. 46, 1992 ˙ ‘What is domestic violence? ‘3G.(1) “Domestic violence” is any of the following acts that a person has committed against his or her spouse— (a) wilful injury; (b) wilful damage to the spouse’s property; (c) intimidation or harassment of the spouse; (d) indecent behaviour to the spouse without consent; (e) a threat to commit an act mentioned in paragraphs (a) to (d). Examples— 1. Following the spouse when the spouse is out in public, either by car or on foot. 2. Positioning oneself outside the spouse’s residence or place of work. 3. Injuring, or threatening to injure, the spouse’s pet. 4. Repeatedly telephoning the spouse at home or work without consent (whether during the day or night). ‘(2) A spouse need not personally commit the act or threaten to commit it. ˙ ‘Who is a “spouse”? ‘3H.(1) A “spouse” means either one of a man and a woman— (a) who are or have been married to each other; or (b) who, although not married to each other, are residing or have resided together as husband and wife; or (c) who are the biological parents of a child (whether or not they are or have been married or are residing or have resided together). ‘(2) An “aggrieved spouse” means the spouse for whose benefit a domestic violence order is in force or may be made under this Act. ‘(3) A “respondent spouse” means a person against whom a domestic violence order is in force, is sought or may be sought, under this Act.

14 Domestic Violence (Family Protection) Amendment No. 46, 1992 ˙ ‘What assistance can a court give to prevent domestic violence? ‘3I.(1) A court can make a domestic violence order against the respondent spouse for the benefit of the aggrieved spouse. ‘(2) A “domestic violence order” means— (a) a protection order; or (b) a temporary protection order. ‘(3) A “temporary protection order” is an order (made under section 7) for a short period until a court decides whether or not to grant a protection order (under section 4). ‘(4) Sometimes, the court can make a domestic violence order even though the person against whom the order is made— (a) is not notified about the application; or (b) does not appear in court. ˙ ‘Who can apply for a protection order? ‘3J.(1) An application for a protection order may be made only by— (a) an aggrieved spouse; or (b) an authorised person mentioned in subsection (2); or (c) a police officer mentioned in subsection (3). ‘(2) An “authorised person” means a person who is authorised (in writing) by an aggrieved spouse to appear on behalf of the aggrieved spouse, unless the court believes that the authorised person is not able to assist it. ‘(3) A police officer who— (a) has investigated a matter under section 30; and (b) has the reasonable beliefs mentioned in section 30(2); may apply for a protection order.

15 Domestic Violence (Family Protection) Amendment No. 46, 1992 ˙ ‘Who can a domestic violence order protect? ‘3K.(1) As well as the aggrieved spouse, a relative or associate of the aggrieved spouse may be protected by the domestic violence order. ‘(2) A relative or associate is protected by being specifically named in the domestic violence order under section 4A(1). ‘(3) The specifically named relative or associate is called an “ aggrieved person” . ‘(4) The name of the aggrieved person may be specified in the domestic violence order at the time it is made or at a later time. ‘(5) “Relative” means a person— (a) whom the aggrieved spouse regards as a relative; or (b) who regards himself or herself as a relative of the aggrieved spouse; if it is reasonable to regard that person as a relative, especially considering that for some people the concept of a relative may be wider than is ordinarily understood. Examples of people who may have a wider concept of a relative — 1. Aboriginal people 2. Torres Strait Islanders 3. Members of certain communities with non-English speaking backgrounds 4. People with particular religious beliefs ‘(6) “Associate” means a person— (a) whom the aggrieved spouse regards as an associate; or (b) who regards himself or herself as an associate of the aggrieved spouse; if it is reasonable to regard that person as an associate. Examples of persons who are associates— 1. A person who works at the same place as the aggrieved spouse. 2. A person who resides at the same place as the aggrieved spouse.

16 Domestic Violence (Family Protection) Amendment No. 46, 1992 3. A person who belongs to the same church, club or other type of association. ˙ ‘When can a court make a domestic violence order? ‘3L.(1) Firstly, an application for a protection order may be made to a Magistrates Court by any of the persons mentioned in section 3K. ‘(2) Secondly, a police officer may apply to a Magistrate for a temporary protection order under section 17. ‘(3) Thirdly, if a person is before a Magistrates Court, a District Court or the Supreme Court for an offence involving domestic violence, the court may make a domestic violence order under section 6. ‘(4) Fourthly, if a person has obtained an order from another State or a Territory in order to protect himself or herself, the order may be registrable in Queensland under Division 2 of Part 2. ˙ ‘What are the conditions of a domestic violence order? ‘3M. If a court makes a domestic violence order— (a) the respondent spouse must be of good behaviour and must not commit acts of domestic violence or associated domestic violence; and (b) the respondent spouse must not possess a weapon, unless the court otherwise orders; and (c) the respondent spouse must comply with any other conditions imposed by the court and set out in the order. ˙ ‘What is meant by a weapon? ‘3N.(1) “Weapon” means— (a) a weapon within the meaning of the Weapons Act 1990 ; or (b) an item prescribed by regulation as a weapon. Examples —

17 Domestic Violence (Family Protection) Amendment No. 46, 1992 1. Firearm 2. Martial arts weapon 3. Knuckleduster or sap glove ‘(2) If a respondent spouse has used a thing as a weapon but it is not a weapon within the meaning of this Act, the court may (under section 5A) treat it as a weapon and impose special conditions in relation to it, including prohibiting the respondent spouse from possessing it. ‘(3) If a respondent spouse has ever used or threatened to use a weapon, or a thing as a weapon, against an aggrieved spouse, it is important for the aggrieved spouse to tell the court about it. ˙ ‘What can happen if a respondent spouse does not comply with an order? ‘3O.(1) If a respondent spouse does not comply with a domestic violence order (including a registered interstate order) a police officer can charge the respondent spouse with an offence. ‘(2) An aggrieved spouse, aggrieved person, or another person can complain to a police officer if the respondent spouse is not complying with the order. ’. ˙ Replacement of Part 2 7. Part 2— omit, insert— ‘PART 2—DOMESTIC VIOLENCE ORDERS—POWERS OF COURT ‘Division 1—Powers of courts to make domestic violence orders ˙ ‘Power of court to make orders to protect spouse against domestic violence ‘4.(1) A court may make an order against a respondent spouse if the

18 Domestic Violence (Family Protection) Amendment No. 46, 1992 court is satisfied that— (a) the respondent spouse has committed an act of domestic violence against the aggrieved spouse; and (b) the respondent spouse— (i) is likely to commit an act of domestic violence again; or (ii) if the act of domestic violence was a threat—is likely to carry out the threat. ‘(2) A spouse who counsels or procures another person to commit an act that, if done by the spouse, would be an act of domestic violence is taken to have committed the act. ˙ ‘Power of court to make orders to protect relatives or associates of aggrieved spouse against violence etc. ‘4A.(1) The court may include the name of a relative or associate of an aggrieved spouse in a domestic violence order made for the benefit of the aggrieved spouse if the court is satisfied that the respondent spouse has committed, or is likely to commit, any of the following acts against the relative or associate— (a) wilful injury; (b) wilful damage to property of the relative or associate; (c) intimidation or harassment; (d) a threat to commit an act mentioned in paragraphs (a) to (c). ‘(2) A spouse who counsels or procures another person to commit an act that, if done by the spouse, would be an act of associated domestic violence is taken to have committed the act. ˙ ‘Protection order must include standard condition to be of good behaviour etc. ‘4B. In making a domestic violence order, the court must impose a condition that the respondent spouse— (a) be of good behaviour towards the aggrieved spouse and not to

19 Domestic Violence (Family Protection) Amendment No. 46, 1992 commit domestic violence; and (b) be of good behaviour towards any aggrieved person named in the order and not to commit an act of associated domestic violence against the person. ˙ ‘Protection order must include standard condition about weapons etc. ‘4C.(1) This section is subject to any court order made under section 5C. ‘(2) In making a domestic violence order, the court must provide that the respondent spouse is not to possess a weapon for the duration of the order. ‘(3) In making a protection order, the court must revoke all weapons licences issued in the name of, or in relation to, the respondent spouse. ‘(4) In making a temporary protection order, the court must suspend all weapons licences issued in the name of, or in relation to, the respondent spouse. ‘(5) In making a domestic violence order, the court must remove the name of the respondent spouse endorsed on a weapons licence as the representative of a body corporate or firm under section 2.2(2) of the Weapons Act 1990. ‘(6) If the Weapons Act 1990 does not apply to the respondent spouse because of section 1.5 of that Act, the court must order that the WeaponsAct 1990 applies to the respondent spouse for the duration of the domestic violence order, unless that Act does not apply— (a) because of section 1.5(1)(a), (b), (c) or (i) of the Act; or (b) because of section 1.5(1)(f), (h) or (j) of the Act and the fact that the person is dealing with the weapon on behalf of the Commonwealth. ˙ ‘Arrangements for surrender of revoked or suspended licences etc. ‘4D.(1) If the respondent spouse is present in court when the court makes a domestic violence order, the respondent spouse must— (a) if the respondent spouse has a weapons licence and brought it to court—give the weapons licence to a police officer; and

20 Domestic Violence (Family Protection) Amendment No. 46, 1992 (b) immediately arrange with a police officer to give promptly to the officer any weapon that the respondent spouse possesses and, in any case, no later than 1 day after the day the court makes its order. ‘(2) Subject to subsection (3), if the respondent spouse is not present in court when the court makes a domestic violence order, the respondent spouse must give— (a) any weapons licence of the respondent spouse; and (b) any weapon that the respondent spouse possesses; to a police officer promptly after the respondent spouse is given a copy of the order and, in any case, must immediately arrange with the officer to promptly give any weapon to the officer no later than 1 day after the day the spouse is given the order. ‘(3) If the police officer personally serves the order on the respondent spouse at the spouse’s place of residence, the spouse must immediately give the weapons licence and any weapon in the spouse’s possession to the police officer. ‘(4) If the court considers that it is necessary or desirable to do so, the court may, in its order— (a) shorten the period under subsection (1) or (2) in which the respondent spouse must give weapons to a police officer; and (b) specify that the weapons are to be given to a police officer at a specified police station or establishment. ‘(5) A respondent spouse who— (a) lawfully possessed a weapon immediately before the order; and (b) complies with the order before the end of the relevant period mentioned in this section, or as ordered by a court; does not commit an offence against the WeaponsAct1990 merely by possessing a weapon during the period necessary to comply with this section or an order under it.

21 Domestic Violence (Family Protection) Amendment No. 46, 1992 ˙ ‘Court may impose other conditions ‘5.(1) If a court was to have exercised a power under section 4B or 4C and did not do so, the court is taken to have done so. Example— If a court does not include in a domestic violence order the conditions mentioned in section 4B, the order is taken to include the conditions. ‘(2) When a court makes or varies a domestic violence order, it may also impose conditions on the respondent spouse that the court considers— (a) necessary in the circumstances; and (b) desirable in the interests of the aggrieved spouse, any aggrieved person and the respondent spouse. ‘(3) The conditions that the court may impose include, for example— (a) prohibiting specific behaviour of the respondent spouse that would constitute an act of domestic violence against the aggrieved spouse or an act of associated domestic violence against an aggrieved person; and (b) prohibiting a respondent spouse from entering or remaining in specified premises, including premises where— (i) the aggrieved spouse and respondent spouse live together or previously lived together; and (ii) the aggrieved spouse or an aggrieved person resides, works or frequents; even though the respondent spouse has a legal or equitable interest in the premises; and (c) prohibiting the respondent spouse from approaching the aggrieved spouse or any aggrieved person, including setting a specific distance within which an approach is prohibited; and (d) prohibiting the respondent spouse from contacting the aggrieved spouse or any aggrieved person; and (e) prohibiting specified conduct of the respondent spouse towards a child of the aggrieved spouse, including prohibiting the

22 Domestic Violence (Family Protection) Amendment No. 46, 1992 respondent spouse’s presence in a place associated with the child. ‘(4) In relation to property of the aggrieved spouse, a condition may require the respondent spouse— (a) to return the property to the aggrieved spouse; or (b) to allow the aggrieved spouse access to the property; or (c) to allow the aggrieved spouse to recover the property; or (d) to do any act necessary or desirable to facilitate action mentioned in paragraphs (a) to (c). ‘(5) The following matters are to be of paramount importance to the court when it imposes conditions on the respondent spouse— (a) the need to protect the aggrieved spouse and any aggrieved persons; (b) the welfare of a child of the aggrieved spouse. ‘(6) The court may also consider— (a) the accommodation needs of all persons affected by the proceedings; and (b) the order’s effect on a child of the aggrieved spouse; and (c) existing orders relating to guardianship or custody of, or access to, a child of the aggrieved spouse. ‘(7) This Act does not permit a court to make an order relating to the guardianship or custody of, or access to, a child. ˙ ‘Special condition for thing that has been used as a weapon ‘5A.(1) This section applies if a court is satisfied that the respondent spouse— (a) has used, or threatened to use, a thing in committing an act of domestic violence against the aggrieved spouse or an act of associated domestic violence against an aggrieved person; and (b) is likely to use the thing again or carry out the threat. Examples of things—

23 Domestic Violence (Family Protection) Amendment No. 46, 1992 1. An animal (including a pet) 2. A bottle 3. A baseball bat ‘(2) The court may, as a condition of the domestic violence order, prohibit the respondent spouse from possessing the thing, or a thing of the same type, for the duration of the order. ‘(3) If the court makes an order under subsection (2), the thing is taken to be a weapon and may be dealt with under this Act and the Weapons Act1990 as a weapon for which there is no licence. ‘(4) The court’s power under this section does not limit its power under section 5. ˙ ‘No weapons licence for duration of domestic violence order ‘5B.(1) This section applies to a respondent spouse other than a spouse whose weapons licence continues in force under section 5C. ‘(2) The respondent spouse may not obtain a weapons licence. ‘(3) A weapons licence of the respondent spouse may not be renewed. ‘(4) A weapons licence obtained or renewed during the period of revocation or suspension is invalid. ˙ ‘Court may allow respondent spouse to possess weapons in limited circumstances ‘5C.(1) This section applies only if the court is satisfied that— (a) the respondent spouse has never used a weapon, and has never threatened to use a weapon, when committing an act of domestic violence or associated domestic violence; and (b) the application of section 4C would deprive the respondent spouse of the means of earning a livelihood. ‘(2) Instead of making an order under section 4C, the court may make an order that— (a) allows the respondent spouse’s weapons licence to continue in

24 Domestic Violence (Family Protection) Amendment No. 46, 1992 force; or (b) does not apply the Weapons Act 1990 to the respondent spouse. ‘(3) An order under subsection (2) must impose conditions that provide the most restricted opportunity for access to weapons by the respondent spouse while allowing the spouse to earn a livelihood. ‘(4) The court may only make the order if— (a) the respondent spouse applies for the order as part of the proceedings to decide whether or not to make or vary a domestic violence order; and (b) there is corrobative evidence that the application of section 4C to the respondent spouse would deprive the respondent spouse of the means of earning a livelihood. ‘(5) If a court makes an order under this section, section 4C does not apply to the respondent spouse. ˙ ‘Domestic violence orders must include information about weapons ‘5D.(1) The purpose of this section is to ensure that a police officer has as much information available as is possible when the officer exercises a power under this Act to obtain a weapon. ‘(2) In making a domestic violence order, the court must specify as much information as it can about the weapons that the respondent spouse possesses. ˙ ‘Power of court if spouse pleads or is found guilty of related offences ‘6.(1) A court before which a person pleads guilty to, or is found guilty of, an offence that involves domestic violence may, on its own initiative, make a domestic violence order against the offender, if the court is satisfied that a protection order could be made under section 4 against the offender as the respondent spouse. ‘(2) If a domestic violence order is already in force, the court may vary the order. ‘(3) This section applies whether or not the court makes another order in

25 Domestic Violence (Family Protection) Amendment No. 46, 1992 respect of the offender. ˙ ‘Power of court to make temporary protection orders ‘7.(1) On an application being made for a protection order, the court may make a temporary protection order. ‘(2) A temporary protection order may be made if the court adjourns the hearing of the application for the protection order (whether the court is hearing the application under section 13A or 14). ‘(3) Before the court can make a temporary protection order for the purposes of an adjournment, it must appear to the court that an act of domestic violence has been committed against the aggrieved spouse. ‘(4) The court may make a temporary protection order against the respondent spouse or offender in the same terms as a protection order. ‘(5) A temporary protection order need only be supported by the evidence that the court considers sufficient and appropriate having regard to the temporary nature of the order. ‘(6) A Magistrate to whom application is made under section 17 (Applications by telephone, facsimile, etc.) may make a temporary protection order against the respondent spouse if it appears to the Magistrate that— (a) an act of domestic violence has been committed; and (b) because of distance, time or other circumstance of the case, it is not practicable to apply to a court for a protection order and for it to be heard and determined quickly. ‘(7) The temporary protection order under subsection (6) may be in the same terms as if the Magistrate were then and there constituting a Magistrates Court. ‘(8) A temporary protection order constitutes a summons to the respondent spouse directing the respondent spouse to appear at the time and place at which the order is returnable so that the respondent spouse may be heard on the matter of the making of the protection order.

26 Domestic Violence (Family Protection) Amendment No. 46, 1992 ˙ ‘Court may make temporary protection order without proof of service in certain circumstances ‘7A. In addition to the reasons for making a temporary protection order mentioned in section 7, the court may also make a temporary protection order under section 7, or vary an order previously made under that section, if— (a) because the applicant has not satisfied the court that the respondent spouse has been given a document mentioned in section 14(1)(a), (b) or (c) (whether or not the respondent spouse is present in court), the court has not begun to hear, or has decided not to begin to hear, the application; but (b) it appears to the court that the aggrieved spouse or an aggrieved person is in danger of personal injury or his or her property is in danger of substantial damage. ˙ ‘Court may make domestic violence order by consent ‘8.(1) A court may make a domestic violence order in a form agreed to by, or on behalf of, the aggrieved spouse and the respondent spouse. ‘(2) The order may only include matters that may be dealt with under this Act. ‘(3) This section is subject to section 23 (Police officer or authorised person may represent aggrieved spouse). ˙ ‘Start of domestic violence orders and their duration ‘9.(1) A domestic violence order takes effect— (a) on the day it is made; or (b) if it is made while an existing domestic violence order against the respondent spouse for the benefit of the same aggrieved spouse is in force—at the end of the existing order. ‘(2) Subject to subsection (3), the court may determine that a protection order continues for a period no longer than 2 years. ‘(3) If the court is satisfied that there are special reasons for doing so, the

27 Domestic Violence (Family Protection) Amendment No. 46, 1992 court may determine that a protection order continues for a period longer than 2 years. ‘(4) A domestic violence order continues in force for the period determined by the court and set out in the order unless it is revoked at an earlier time or the period of the order is varied. ‘(5) A temporary protection order continues in force until the order— (a) is returnable before a court unless the court extends the order; or (b) is revoked by the court; whichever happens first. ˙ ‘Variation of domestic violence order ‘10.(1) A court may vary a domestic violence order, including— (a) the conditions imposed by the domestic violence order under section 5 or 5A; or (b) the period for which the domestic violence order continues in force. ‘(2) The application for a variation must be made while the domestic violence order is in force. ‘(3) The court may vary a domestic violence order— (a) on an application to vary it; or (b) on an application to revoke it; or (c) on its own initiative under section 6; or (d) when dealing with a contravention of the order. ‘(4) Before a court varies a domestic violence order, it must consider— (a) the grounds set out in the application for the protection order; and (b) the findings of the court that made the domestic violence order. ˙ ‘Revocation of orders ‘10A.(1) A court may revoke a domestic violence order.

28 Domestic Violence (Family Protection) Amendment No. 46, 1992 ‘(2) A revocation takes effect on the day it is made. ‘(3) The court may exercise its power to revoke only on an application for revocation under section 15. ˙ ‘Commissioner of Police must be given notices of applications to vary or revoke ‘10B. A court must not make an order under section 10 or 10A unless it is satisfied that the Commissioner of Police has been given a copy of the application. ˙ ‘Conferral of jurisdiction ‘11.(1) Jurisdiction is conferred on— (a) every Magistrates Court and Magistrate to hear and determine all applications made to it or the Magistrate under this Act; and (b) every other court before which a person pleads guilty to, or is found guilty of, an offence that involves domestic violence. ‘(2) To avoid any doubt, the provisions of the Justices Act 1886 apply to proceedings under this Act before a Magistrates Court or Magistrate unless the application of the Act is inconsistent with this Act. ˙ ‘Court may summons person to attend ‘11A.(1) A justice may, by notice given to a person, summons the person to attend the hearing of an application for a protection order at a time and place specified in the summons— (a) to give evidence; and (b) to produce any record in the person’s possession and specified in the notice. ‘(2) A person served with a summons to attend as a witness must not fail, without reasonable excuse— (a) to attend as required by the summons; or (b) to attend from time to time in the course of the hearing as

29 Domestic Violence (Family Protection) Amendment No. 46, 1992 required by the court; or (c) to produce any record that the person was required to produce by the summons served on the person. Maximum penalty—10 penalty units. ‘(3) A person attending as a witness at a hearing must not fail— (a) to be sworn or to make an affirmation; or (b) without reasonable excuse, to answer a question that the person is required to answer by the court. Maximum penalty—10 penalty units. ‘(4) If a person served with a summons fails to attend as mentioned in subsection (2)(a) or (b), the court may order the issue of a warrant for the person to be taken into custody by a police officer and to be brought before the court. ‘(5) Any justice may issue a warrant for the purposes of subsection (4). ‘(6) Subsection (4) does not limit any other powers of the court. ‘Division 2—Registration of domestic violence orders from other States and Territories ˙ ‘Application to register interstate order in Queensland ‘12.(1) A person may apply to the clerk of a Magistrates Court for the registration of an interstate order. ‘(2) The application is to be made on the appropriate approved form. ˙ ‘Clerk to obtain copies of order and proof of service ‘12A.(1) The clerk must be satisfied that— (a) the interstate order is in force by obtaining a certified copy of it; and (b) the order was served, or was taken to be served, on the person against whom it was made.

30 Domestic Violence (Family Protection) Amendment No. 46, 1992 ‘(2) The clerk must try to obtain the copy and proof quickly, for example, if a facsimile machine is available, the clerk must try to obtain them by facsimile. ˙ ‘Registration of interstate order ‘12B.(1) This section applies if the clerk is satisfied about the matters mentioned in section 12A(1). ‘(2) Subject to subsection (3), the clerk must register the interstate order. ‘(3) If— (a) the clerk believes it necessary to do so; or (b) the applicant asks the clerk to do so; the clerk must refer the interstate order to the Magistrates Court for adaptation or modification. ‘(4) The court may vary the interstate order for the purposes of its registration by adapting or modifying it in a way that the court considers necessary or desirable for its effective operation in the State. ‘(5) The clerk must register the interstate order as varied. ‘(6) A registered interstate order is registered for the period during which the order, as originally made, is in force. ‘(7) A regulation may prescribe the way that the clerk is to register an interstate order. ˙ ‘Duty of clerk after order is registered ‘12C.(1) No later than 2 business days after the registration of an interstate order, the clerk must give the applicant and the Commissioner of Police a certificate of the registration with a copy of the registered interstate order attached. ‘(2) Notice of the registration of an interstate order is not to be given to the person against whom the order was made unless the aggrieved spouse has consented to the notice. ‘(3) The consent must be given in writing.

31 Domestic Violence (Family Protection) Amendment No. 46, 1992 ‘(4) The clerk may not ask the applicant for any fee, or reimbursement for any expenses incurred, under this Division. ˙ ‘Effect of registration of interstate order ‘12D.(1) A registered interstate order— (a) has the same effect as a protection order made under Division 1; and (b) may be enforced against a person as if it were a protection order that had been made under Division 1 and personally served on the person. ‘(2) Subsection (1) is subject to section 37(1B). ˙ ‘Variation etc. of registered interstate order ‘12E.(1) An application may be made to a court for— (a) a variation of a registered interstate order as it applies in Queensland; or (b) a variation of the period during which a registered interstate order has effect in its operation in Queensland; or (c) the cancellation of the registration of an interstate order. ‘(2) Any of the following persons may apply to a court for an order under subsection (1)— (a) the person who applied for the registration of the interstate order; (b) a person for whose benefit the interstate order has been made; (c) a person against whom the interstate order has been made; (d) an authorised person; (e) a police officer. ‘(3) The court may determine the application— (a) by varying it as it applies in Queensland; or (b) by varying the period during which it has effect in its operation in

32 Domestic Violence (Family Protection) Amendment No. 46, 1992 Queensland; or (c) by cancelling the registration. ˙ ‘Applicant need not notify interstate spouse etc. ‘12F.(1) An applicant under this Division need not give notice of— (a) an application for registration of an interstate order; or (b) an application for variation or revocation of a registered interstate order; to the person against whom the order was originally made. ‘(2) When an application for which notice has not been given comes before a court, the court— (a) may hear and determine the application in the absence of the person against whom the interstate order was originally made; and (b) must not refuse to hear and determine the application merely because the person against whom the interstate order was originally made has not been given notice of the application. ‘(3) A registered interstate order that is— (a) adapted or modified under section 12B(4); or (b) varied under section 12E; is enforceable in Queensland without notice of the adaptation, modification or variation being given to the person against whom the interstate order was originally made. ‘(4) This section does not prevent an applicant giving notice of the application, or an order made because of the application, to the person against whom the interstate order was originally made. ‘(5) This section is subject to section 37(1B). ’. ˙ Replacement of ss.12, 13 and 14 8. Sections 12, 13 and 14—

33 Domestic Violence (Family Protection) Amendment No. 46, 1992 omit, insert— ‘Division 1—Procedures to be followed by court on applications for protection orders ˙ ‘Service of application on respondent spouse may be accompanied by summons ‘13.(1) On application made for a protection order, a clerk of the court or a justice may, subject to subsections (2) and (3), issue a summons directing the respondent spouse to appear at the time and place set out in the summons with a view to the respondent spouse being heard on the matter. ‘(2) The clerk need not issue a summons under subsection (1) if the applicant asks the clerk to arrange for the application to be heard by the court for the purpose of the court making a temporary protection order. ‘(3) If the court refuses to make the temporary protection order and the applicant does not withdraw the application, the clerk must issue the summons. ‘(4) The clerk of the court must give 2 copies of the application and any summons to the police officer in charge of the Police Division in which the respondent spouse ordinarily resides or was last known to reside. ‘(5) The officer must cause the application and any summons to be served on the respondent spouse. ‘(6) If the applicant is not the aggrieved spouse, the applicant must serve the aggrieved spouse with a copy of the application and notice of the time and place that the application is to be heard.

34 Domestic Violence (Family Protection) Amendment No. 46, 1992 ‘(7) A justice may issue a summons under subsection (1) only if the justice knows that a Magistrates Court is sitting at the time and place that the justice specifies in the summons for when it is returnable. ˙ ‘Appearance of respondent spouse ‘13A.(1) This section applies if a respondent spouse appears before the court that is to hear and determine the matter of an application for a protection order. ‘(2) The court— (a) may hear and determine the application; or (b) may adjourn the matter of the application (whether or not it makes a temporary protection order); or (c) subject to subsection (3), may dismiss the application. ‘(3) The court may not dismiss an application unless— (a) the applicant has not appeared and, if the applicant was a police officer, no other police officer or Crown Prosecutor requests an adjournment; and (b) no other person eligible to apply appears. ‘(4) The dismissal of the application does not affect the right of the applicant to make a further application against the respondent spouse. ‘(5) The appearance of the respondent spouse is evidence that the respondent spouse has been served. ˙ ‘Non-appearance of respondent spouse ‘14.(1) This section applies if a respondent spouse fails to appear before the court that is to hear and determine the matter of the application for a protection order and the court is satisfied that the respondent spouse has been given the documents mentioned in any of the following paragraphs— (a) a copy of the application and any summons issued under section 13; (b) a copy of the application and the temporary protection order made because of the application;

35 Domestic Violence (Family Protection) Amendment No. 46, 1992 (c) a copy of the application and a copy of the conditions on which the person was released from the watch-house under section 31B that set out the time and place for the hearing of the application. ‘(2) The court may— (a) proceed to hear and determine the matter of the application in the absence of the respondent spouse; or (b) adjourn the matter of the application (whether or not it makes a temporary protection order); or (c) subject to section 22(1), order the issue of a warrant for the respondent spouse to be taken into custody by a police officer and brought before the court. ‘(3) Any justice may issue a warrant for the purposes of subsection (2)(c). ˙ ‘Domestic violence orders to be explained ‘14A.(1) This section only applies if a respondent spouse is before a court that is about to make a domestic violence order. ‘(2) The court must ensure that the respondent spouse understands— (a) the purpose, terms and effect of the proposed order, including that the order may be enforceable in other States and Territories without further notice; and (b) the consequences that may follow if the respondent spouse fails to comply with the terms of the proposed order. Examples of arrangements that the court may make to ensure the respondent spouse understands the order— 1. The clerk or another officer of the court may explain the order to the respondent spouse. 2. A local interpreter or the telephone interpreter service may be used to explain the order to the respondent spouse. 3. Explanatory notes prepared for respondent spouses, including non- English speakers, may be given to the spouse.

36 Domestic Violence (Family Protection) Amendment No. 46, 1992 ‘(3) Failure to comply with subsection (2) does not affect the validity of the domestic violence order. ’. ˙ Amendment of s.15 (Application for revocation or variation) 9.(1) Section 15(1)— omit, insert— ‘15.(1) This section applies to an application for— (a) revocation of a domestic violence order; or (b) variation of a domestic violence order (including conditions imposed by the order). ‘(1A) The application may be made to a court by— (a) the aggrieved spouse; or (b) the respondent spouse; or (c) an authorised person; or (d) a police officer who reasonably believes that it is for the benefit of the aggrieved spouse and there is sufficient reason for taking the action. ‘(1B) The application must be made on the approved form. ’. (2) Section 15(4)— omit ‘ Any justice may issue such warrant ’, insert— ‘(5) Any justice may issue a warrant for the purpose of subsection (4)(c). ’. ˙ Insertion of new s.15A 10. After section 15— insert—

37 Domestic Violence (Family Protection) Amendment No. 46, 1992 ˙ ‘Duty of clerk of court to give certain notices to Commissioner of Police ‘15A.(1) The clerk of the court in which any of the following applications are made, or orders are granted, must give notice of the application or order to the Commissioner of Police— (a) an application for a protection order; (b) an application for a variation or revocation of such an order; (c) an application for— (i) registration of an interstate order; or (ii) variation or revocation of a registered interstate order; (d) an order made because of an application mentioned in paragraph (a), (b) or (c), including a temporary order. ‘(2) The clerk must give the notice before the end of 1 business day after the day the application is made or order is granted. ’. ˙ Replacement of ss.16 and 17 11. Sections 16 and 17— omit, insert— ˙ ‘Procedure if respondent spouse found guilty etc. of related offence ‘16.(1) A court exercising jurisdiction under section 6— (a) may make the protection order before the offender is discharged by the court or otherwise leaves the court subject to the offender being given a sufficient opportunity to present evidence and to prepare and present submissions about the making of a protection order; or (b) may adjourn the matter of making the protection order to a later fixed time and day and may, in the meantime, exercise the jurisdiction conferred by section 7 (Power of court to make temporary protection orders). ‘(2) On the later day to which the matter has been adjourned, the court may receive evidence that is necessary or desirable to assist it on the matter.

38 Domestic Violence (Family Protection) Amendment No. 46, 1992 ‘(3) If the offender fails to appear at the later time and day to which the matter is adjourned, the court may— (a) determine to make a protection order against the offender in the offender’s absence; or (b) adjourn the matter further; or (c) order, subject to section 22(1), the issue of a warrant for the offender to be taken into custody by a police officer and brought before the court. ‘(4) Any justice may issue a warrant for the purpose of subsection (3)(c). ‘Division 2—Police may apply for temporary protection order in certain circumstances ˙ ‘Applications by telephone, facsimile, etc. ‘17.(1) A police officer who— (a) must, under section 31B, make an application for a protection order under this section; or (b) may, under section 3J(3), make an application for a protection order, and who believes that because of distance, time or other circumstance of the case, it is not practicable for an application made to a court, or to be made to a court, to be heard and determined quickly; may, by way of telephone, facsimile, telex, radio or other similar facility, apply in accordance with this section for a temporary protection order to a Magistrate. ‘(2) The police officer may apply for the order before the application is sworn. ‘(3) Before making the application, the police officer (if an application for a protection order has not already been made to a court) must prepare a form of application for a protection order under this section. ‘(4) The police officer must inform the Magistrate of the particulars of the application.

39 Domestic Violence (Family Protection) Amendment No. 46, 1992 ‘(5) A Magistrate with whom contact is made by a person claiming to be a police officer applying for a protection order under this section is entitled to presume that— (a) the person is who and what the person claims to be; and (b) the provisions of this section have been complied with. ‘(6) The form of application for a protection order completed under subsection (3) is to be filed in the office of the clerk of the court— (a) at the place where the order sought, when made, is to be returned; or (b) if such order is not made, would be returned were it made. ‘(7) On the filing of the form of application, an application for a protection order is taken to be made to the court at that place. ‘(8) If the police officer applied for the order before the application was sworn, the application must be sworn before it is filed under subsection (6). ’. ˙ Replacement of s.20 (Proceedings upon interim protection order) 12. Section 20— omit, insert— ˙ ‘Return date of temporary protection order ‘20.(1) A temporary protection order must specify the time and place at which the order is returnable before a court. ‘(2) If— (a) the court before which the order is returnable is sitting within 30 days after the day on which the temporary protection order is made; and (b) a suitable hearing day is available within the period; the day that the order is returnable must be a day within the period. ‘(3) If— (a) the court before which the order is returnable is not sitting within

40 Domestic Violence (Family Protection) Amendment No. 46, 1992 30 days after the day on which the temporary protection order is made; or (b) there is not a suitable hearing day available within the period; the day that the order is returnable must be the first suitable hearing day available after the end of the period. ’. ˙ Amendment of s.21 (Service of court orders) 13. Section 21(1)— omit, insert— ‘21.(1) This section applies if a court— (a) has made a domestic violence order; or (b) revokes a domestic violence order; or (c) varies a domestic violence order (including the conditions imposed by it). ‘(1A) Subject to subsection (2), the clerk of the court must— (a) cause a copy of— (i) the order; and (ii) in the case of a temporary protection order, a copy of the application for a protection order to which the temporary protection order relates (if a copy has not already been served); to be given to the respondent spouse; and (b) cause a copy of the order to be given to the aggrieved spouse and each aggrieved person; and (c) cause a copy of the order to be given to the Commissioner of Police. ’. ˙ Amendment of s.22 (Provisions concerning warrants) 14. Section 22(1)—

41 Domestic Violence (Family Protection) Amendment No. 46, 1992 omit ‘ 14, 15(4), 16(2) or 20(3) ’, insert ‘ 14(2)(c), 15(4)(c) or 16(3)(c) ’. ˙ Replacement of ss.23 and 24 15. Sections 23 and 24— omit, insert— ˙ ‘Police officer or authorised person may represent aggrieved spouse ‘23.(1) A police officer or authorised person may appear, and act on behalf of, an aggrieved spouse in any proceedings on an application under this Act, but must not agree to an order under section 8 without the specific approval of the aggrieved spouse. ‘(2) If a court decides that an authorised person is not able to assist it, the application is taken to have been made by the aggrieved spouse. ˙ ‘Court may not award costs except if application malicious etc. ‘24. A court may not award costs on an application for— (a) a protection order; or (b) for a revocation or variation of a domestic violence order (including a variation of conditions imposed by the order); unless the court dismisses the application as malicious, deliberately false, frivolous or vexatious. ’. ˙ Amendment of s.25 (Concurrent proceedings) 16.(1) Heading to section 25— omit, insert— ‘Concurrent and other proceedings’. (2) Section 25(2)— omit, insert— ‘(2) Subsection (3) applies if a respondent spouse against whom— (a) a domestic violence order has been made; or

42 Domestic Violence (Family Protection) Amendment No. 46, 1992 (b) a court has refused to make a domestic violence order; or (c) a court has— (i) revoked, or refused to revoke, a domestic violence order; or (ii) varied, or refused to vary, a domestic violence order (including the conditions imposed by it); or (d) proceedings are current in which a protection order is sought against a respondent spouse; is charged with an offence mentioned in subsection (1). ‘(3) A reference to— (a) the making, or refusal to make, the order, or a revocation or variation; or (b) the existence of current proceedings mentioned in subsection (2)(d); or (c) the fact that evidence of a particular nature or content was given in— (i) the proceedings in which the order, revocation or variation was made or refused; or (ii) the current proceedings; is inadmissible in the trial of the respondent spouse for an offence arising out of conduct on which the application for the order, revocation, or variation, or relevant to the current proceedings, is based. ‘(4) To allay any doubt, it is declared that, subject to this section, an application, proceeding or order under this Act in relation to the conduct of a respondent spouse does not affect any proceeding for an offence against the spouse arising out of the same conduct. ‘(5) The respondent spouse may be punished for the offence mentioned in subsection (4) despite any order made against him or her under this Act. ’. ˙ Amendment of s.26 (Appeals) 17. Section 26(1)—

43 Domestic Violence (Family Protection) Amendment No. 46, 1992 omit, insert— ‘26.(1) A person who is aggrieved by an order of a Magistrates Court or a decision of a Magistrate— (a) to refuse an application for— (i) a protection order; or (ii) a revocation or variation of a domestic violence order (including a refusal to vary conditions imposed by the order); or (b) to make a domestic violence order; or (c) to revoke or vary a domestic violence order (including a variation of the conditions imposed by the order); may appeal to a District Court that exercises jurisdiction at or nearest to the place where the order or decision was made. ‘(1A) A person who is aggrieved by a decision of a District Court or the Supreme Court under section 6 may appeal the decision to the Court of Appeal. ’. ˙ Amendment of s.27 (Institution of appeal) 18. Section 27(2)(b)— omit, insert— ‘ (b) must be made on the approved form. ’. ˙ Amendment of s.28 (Nature of appeal) 19. Section 28(2)— omit, insert— ‘(2) An appeal against an order does not stay the operation of the order, but— (a) if the order was a temporary protection order made by a Magistrate—a Magistrates Court; or (b) in any other case—the court that made the order;

44 Domestic Violence (Family Protection) Amendment No. 46, 1992 may stay the operation of the order, or a condition imposed by the order, until the appeal is dealt with. ‘(3) Subsection (2) does not limit any other power to stay the operation of the order. ’. ˙ Replacement of Part heading 20. Heading to Part 5— omit, insert— ‘PART 5—POLICE FUNCTIONS AND POWERS’. ˙ Replacement of s.31 (Police intervention) 21. Section 31— omit, insert— ˙ ‘Police officer may require person to provide identification ‘30A.(1) This section applies if a police officer has reasonable grounds for suspecting that a person— (a) has been involved in, or is about to be involved in, an act of domestic violence or associated domestic violence; or (b) is a witness to an act of domestic violence or associated domestic violence. ‘(2) If the police officer believes on reasonable grounds that the name and address of the peron is required for the purposes of this Act, the officer may ask the person to state the person’s name and address. ‘(3) If the person does not state a name and address, the police officer must warn the person that a failure to provide a correct name and address is an offence under this Act. ‘(4) If the police officer believes on reasonable grounds that the name or address given by the person is false, the officer— (a) may require evidence of the correctness of the name and address; and

45 Domestic Violence (Family Protection) Amendment No. 46, 1992 (b) must warn the person that a failure to provide a correct name and address is an offence under this Act. ‘(5) If the police officer has warned the person under subsection (3) or (4), the police officer may again ask the person to state the person’s name and address. ‘(6) A person who is required under subsection (3) or (4) to state the person’s name and address must not— (a) fail to comply with the requirement; or (b) state a false name and address. Maximum penalty—10 penalty units. ‘(7) A person who is required under subsection (4)(a) to give evidence of the correctness of a name or address must not— (a) fail to give the evidence; or (b) give false evidence. Maximum penalty —10 penalty units. ‘(8) If the police officer believes on reasonable grounds that— (a) a person has contravened subsection (6) or (7); and (b) proceedings by way of complaint and summons against the person would be ineffective; the officer may arrest the person. ‘(9) If— (a) a police officer makes a requirement under this subsection on a suspicion mentioned in subsection (1); and (b) a court is not satisfied that the person— (i) was involved in; or (ii) was about to be involved in; or (iii) was a witness to; the act of domestic violence or associated domestic violence; the person is not guilty of an offence against this section.

46 Domestic Violence (Family Protection) Amendment No. 46, 1992 ‘(10) In this section— “address” means current place of residence. ˙ ‘Presence at domestic violence incident ‘31.(1) A police officer who has reasonable grounds for suspecting that an act of domestic violence or associated domestic violence has been committed and— (a) a person is in danger of personal injury by the respondent spouse; or (b) a person’s property is in danger of being damaged by the respondent spouse; may take the spouse into custody using such force as is reasonable and necessary. ‘(2) The spouse taken into custody may be detained in custody until— (a) an application for a protection order in which that person is named as the respondent spouse is heard and determined under section 31B(1); or (b) a temporary protection order is made under section 7(6); or (c) an application for a protection order is completed, and arrangements are made with the watch-house keeper, under section 31B(3); or (d) the end of 4 hours; whichever happens first. ˙ ‘Duty of police officer who has taken a person into custody under section 31 ‘31A.(1) A police officer who has taken a person into custody under section 31(1) must immediately take the person to a watch-house and enter the particulars of the person in the register in the prescribed form kept at the watch-house. ‘(2) While a person is held in custody under this section, it is unlawful

47 Domestic Violence (Family Protection) Amendment No. 46, 1992 for a police officer to deal with the person in respect of any offence committed at a time before the person was taken into custody. ‘(3) A regulation may provide that a police officer may search the person taken to the watch-house and take possession of anything found on the person, using such force as is reasonable and necessary. ˙ ‘Police officer must apply for protection order etc. ‘31B.(1) Subject to this section, if a police officer takes a person into custody under section 31(1), the officer must promptly bring the person before the court for the hearing and determination of the application if the person is still in custody. ‘(2) If— (a) it is not practicable to bring the person taken into custody promptly before a court on an application for a protection order; and (b) the police officer believes that it is necessary to obtain a temporary protection order under section 17 against the person before the person is released; the police officer may apply for a protection order under section 17. ‘(3) If— (a) it is not practicable to bring the person taken into custody before a court upon an application for a protection order; and (b) the police officer is not satisfied that it is necessary to obtain a temporary protection order under section 17 against the person; the police officer must— (c) complete an application for a protection order; and (d) arrange with the watch-house keeper for the person to be released from custody on such reasonable conditions as the watch-house keeper considers appropriate, including prescribed conditions and a condition that sets out the details of the time and place of the hearing of the application. ‘(4) When the person is released from custody, the watch-house keeper

48 Domestic Violence (Family Protection) Amendment No. 46, 1992 must give the person a copy of the application for the protection order and the conditions on which the person is released. ‘(5) Conditions on which a person is released from custody under this section continue in force until— (a) a court determines whether or not to make a protection order against the person; or (b) a court determines whether or not to make a temporary protection order against the person; or (c) a Magistrate determines whether or not to make a temporary protection order against the person on an application under section 17; whichever happens first. ˙ ‘Duty of police officers to apply for protection order in certain circumstances ‘31C.(1) This section applies if— (a) a person is released from custody on conditions under section 31B; and (b) it is unlikely that the matter of making a protection order or a temporary protection order against the person on or in connection with the application made in relation to the person under section 31B will be determined quickly and, in any case, within 7 days after the day on which the person is released. ‘(2) The police officer who took the person into custody must make an application for a protection order against the person— (a) if the officer is satisfied that it is necessary to make an application under section 17—under that section; or

49 Domestic Violence (Family Protection) Amendment No. 46, 1992 (b) in any other case—for a temporary protection order under section 7. ’. ˙ Amendment of s.32 (Entry on and search of premises) 22. Section 32(3) and (4)— omit, insert— ‘(3) If, having entered premises (whether under subsection (1) or otherwise), a police officer has reasonable grounds for believing that an act of domestic violence or associated domestic violence is happening on the premises, or has happened on the premises before the officer’s arrival, the officer, without further authority and using such force as is reasonable and necessary, may— (a) search the premises to establish whether— (i) any spouse on the premises is in danger of domestic violence; or (ii) another person on the premises is in danger of an act of associated domestic violence; and (b) search— (i) the premises for weapons; and (ii) any person on the premises whom the officer has reasonable grounds for suspecting is in possession of a weapon; and (c) seize any weapon found on the premises or on a person that the officer has reasonable grounds for suspecting— (i) has been used for the act of domestic violence or associated domestic violence; or (ii) might be used for committing the act of domestic violence or associated domestic violence. ‘(4) For the purposes of subsection (3), an apparently reliable claim made to a police office that a weapon has been used for committing an act of domestic violence or associated domestic violence may be accepted and acted on by the police officer. ’.

50 Domestic Violence (Family Protection) Amendment No. 46, 1992 ˙ Insertion of new s.32A 23. After section 32— insert— ˙ ‘Police actions after protection order is made ‘32A.(1) This section applies if, because of a domestic violence order, a respondent spouse is to give weapons that the respondent spouse possesses to a police officer. ‘(2) If the respondent spouse was not in court when the court made its order, the police officer to whom the clerk of the court has given the order must ensure that the order is given to the respondent spouse promptly. ‘(3) The police officer must— (a) if the order is given to the respondent spouse at the respondent spouse’s place of residence—take all steps necessary to ensure that the respondent spouse’s weapons licence and weapons are immediately seized; or (b) in any other case—immediately make arrangements to ensure that the respondent spouse’s weapons licence and weapons are surrendered to the police officer promptly and, in any case, no later than 1 day after the spouse is given the court order. ‘(4) In order to seize a weapon under subsection (3)(a), the police officer may enter and search the respondent spouse’s place of residence if the officer has reasonable grounds for suspecting the weapon to be at the place. Examples of how the police officer may have reasonable grounds for suspecting that a weapon is at a place of residence— 1. The court has specified in the order that it believes that the respondent spouse possesses a weapon. 2. The police officer checks the register of weapons licence holders and the respondent spouse’s name appears in it. 3. The officer has received apparently reliable information that the respondent spouse possesses a weapon. ‘(5) For the purposes of subsection (4), the officer may use such force as is reasonable and necessary.

51 Domestic Violence (Family Protection) Amendment No. 46, 1992 ‘(6) A police officer must exercise the powers under this section in a way that— (a) is consistent with the court order and the need to ensure the protection of the aggrieved spouse or any aggrieved person; but (b) tries to minimise disruption to the respondent spouse. ’. ˙ Amendment of s.33 (Entry of registers; availability for inspection) 24. Section 33(1)— omit, insert— ‘33.(1) If a police officer fails to enter into the appropriate register the particulars required by section 31A(1) or 32(7)— (a) in the case of a failure to comply with section 31A(1)—the failure is evidence that— (i) the taking of the spouse into custody as mentioned in section 31(1) was unlawful; and (ii) the custody of that spouse by the police officer and at the watch-house was also unlawful; or (b) in the case of a failure to comply with section 32(7)—the failure is evidence that the actions of the police officer purporting to act under the authority conferred by section 32, and of all persons acting in aid of the police officer, were unlawful. ’. ˙ Replacement of s.34 (Disposal of seized items) 25. Section 34— omit, insert— ˙ ‘Disposal of seized items ‘34.(1) This section applies to a weapon seized under— (a) this Act; or (b) the Weapons Act 1990 because the owner of, or the person who possessed, the weapon had committed, or threatened to commit,

52 Domestic Violence (Family Protection) Amendment No. 46, 1992 an act of domestic violence or associated domestic violence. ‘(2) Subject to subsection (2), section 6.1 of the WeaponsAct1990 applies to the weapon as if it were a weapon held in the custody of a police officer under that Act. ‘(3) For the purposes of the application, the “appointed day” is— (a) if the weapon was given to a police officer or seized because of the making of a protection order—the day the order ends; or (b) if the weapon was given to a police officer or seized because of the making of a temporary protection order and no protection order is made following on from the temporary protection order—the day the temporary protection order ends; or (c) if the weapon was given to a police officer or seized because of the making of a temporary protection order and a protection order is made following on from the temporary protection order—the day the protection order ends; or (d) if the weapon was given to a police officer or seized because of a special condition under section 5A in a domestic violence order and the condition is revoked even though the order continues in force—the day the condition is revoked. ‘(4) Before the appointed day, an authorised officer may exercise the power under section 6.1(1)(b)(i)(B) of that Act. ’. ˙ Amendment of s.35 (Arrest of certain offenders) 26.(1) Section 35(1)— omit ‘ , but subject to subsection (2), ’. (2) Section 35(2)— omit. ˙ Insertion of new s.36A 27. After section 36 (in Part 5)— insert—

53 Domestic Violence (Family Protection) Amendment No. 46, 1992 ˙ ‘Part not to limit Part 4 of Weapons Act 1990 ‘36A. The powers of a police officer under this Part do not limit the powers of the officer under Part 4 of the Weapons Act 1990. ’. ˙ Amendment of s.37 (Breach of order or conditions) 28. Section 37(1)— omit, insert— ‘37.(1) A person who knowingly contravenes— (a) a domestic violence order, including a condition imposed by it; or (b) a registered interstate order, including a condition imposed by it; commits an offence against this Act. Maximum penalty—40 penalty units, imprisonment for 1 year or both. ‘(1A) It is not necessary for the prosecution in proceedings for an offence against subsection (1)(b) to establish that the person knew, and it is not a defence that a person did not know, that an interstate order— (a) could be registered in another State or a Territory; or (b) was registered in Queensland. ‘(1B) In a prosecution for an offence against subsection (1)(b) for a breach of a condition that has been adapted, modified or varied under this Act, the prosecution must establish that the person knew that the condition had been adapted, modified or varied under this Act. ’. ˙ Insertion of new s.37A 29. After section 37— insert— ˙ ‘Courts to be closed ‘37A.(1) A court hearing an application under this Act is not to be open to the public. ‘(2) However, the court may open the proceeding to the public or specific

54 Domestic Violence (Family Protection) Amendment No. 46, 1992 persons. ‘(3) An aggrieved spouse is entitled to have a person with him or her throughout the proceedings to provide support and other assistance. ’. ˙ Amendment of s.38 (Restriction on publication of proceedings) 30.(1) Section 38(1)(b)(i)— omit, insert— ‘ (i) the aggrieved spouse, an aggrieved person, the respondent spouse, or the applicant or appellant (in either case other than a police officer); or ’. (2) Section 38(1)— omit ‘ expressly permits such publication ’, insert ‘ expressly permits the publication or the publication is permitted under a regulation ’. ˙ Amendment of s.40 (Evidentiary provision) 31. After section 40(2)— insert— ‘(3) The court or Magistrate need not have the personal evidence of the aggrieved spouse before making a domestic violence order. ’. ˙ Amendment of s.41 (Service etc. of documents) 32. After section 41(3)— insert— ‘(3A) If a person has given an address to a police officer under section 30A, the address is taken to be the person’s place of residence for the purposes of subsection (2). ’.

55 Domestic Violence (Family Protection) Amendment No. 46, 1992 ˙ Replacement of s.43 (Regulations) 33. Section 43— omit, insert— ˙ ‘Minister may approve forms ‘43.(1) The Minister may, by Gazette notice, approve forms for the purposes of this Act. ‘(2) If the Minister approves a form for a purpose, the form must be used for that purpose. ‘(3) A notice under subsection (1) is not subordinate legislation. ˙ ‘Clerks to ensure forms are readily available ‘44. The clerk of each court is to ensure that approved forms are available on request. ˙ ‘Regulations ‘45.(1) The Governor in Council may make regulations for the purposes of this Act. ‘(2) The regulations may prescribe, for example— (a) the orders made under the law of another State or a Territory that are similar to a domestic violence order; and (b) items that are weapons for the purposes of this Act; and (c) the form of the register to be kept by each clerk of a Magistrates Court for the registration of interstate orders; and (d) conditions to be accepted by a person before the person is released from custody under this Act; and (e) types of cases that may be published.

56 Domestic Violence (Family Protection) Amendment No. 46, 1992 ‘PART 7—TRANSITIONAL ˙ ‘Interpretation ‘46. In this Part— “commencement” means the commencement of this Part; “new Act” means this Act after the commencement; “old Act” means this Act before the commencement. ˙ ‘Instruments, documents, decisions and orders to continue with certain changes ‘47.(1) This section applies to— (a) an instrument or document prepared under the old Act or filed with, or issued by, a Magistrates Court, Magistrate or justice; or (b) an order of a Magistrates Court, or a decision of a Magistrate, made before the commencement. ‘(2) After the commencement, the instrument, document, decision or order continues to have the same effect under the new Act as it did under the old Act. ‘(3) However, a reference in the instrument, document, decision or order to— (a) an aggrieved person is taken to be a reference to an aggrieved spouse within the meaning of the new Act; and (b) a respondent is taken to be a reference to a respondent spouse within the meaning of the new Act; and (c) an interim protection order is taken to be a reference to a temporary protection order within the meaning of the new Act; and (d) prohibitions and restrictions is taken to be a reference to conditions imposed by the domestic violence order within the meaning of the new Act; and

57 Domestic Violence (Family Protection) Amendment No. 46, 1992 (e) firearm or other weapon is taken to be a reference to a weapon within the meaning of the new Act. ˙ ‘Certain orders under old Act to be acted on by police ‘48.(1) This section applies to a respondent against whom a protection order, or interim protection order, has been made under the old Act if— (a) the order is in force immediately before the commencement; and (b) the order directs the seizure, retention, forfeiture or disposal of any firearm or other weapon in the possession or under the direct or indirect control of the respondent. ‘(2) If a police officer has reasonable grounds for suspecting that the respondent spouse possesses a weapon after the commencement in breach of the order, the police officer may give a copy of the order under the old Act to the respondent and— (a) the respondent spouse must immediately give all weapons that the spouse possesses to the police officer; and (b) if the police officer has reasonable grounds for suspecting that the respondent spouse has not given all weapons that the spouse possesses to the officer—the officer may exercise the powers in section 32A(4) of the new Act. ˙ ‘Higher courts may deal with pending matters ‘49.(1) This section applies to a person if, before the commencement, the person came before— (a) a District Court (other than under Part 4 of the old Act); or (b) the Supreme Court; for an offence that involved domestic violence under the old Act and the proceeding was pending at the time of the commencement. ‘(2) The court may, after the commencement, exercise its powers under section 6 of the new Act even though it could not have exercised the powers when the person first came before it.

58 Domestic Violence (Family Protection) Amendment No. 46, 1992 ˙ ‘Standard conditions not part of orders under old Act ‘50.(1) To allay any doubt, but subject to subsection (2), sections 4B and 4C of the new Act do not apply to a protection order or interim protection order made under the old Act. ‘(2) If a protection order or interim protection order under the old Act is varied after the commencement, the court must exercise its powers under sections 4B, 4C or 5C in relation to the domestic violence order. ˙ ‘Disposal of weapons seized under old Act ‘51.(1) This section applies to a weapon seized under section 34 of the old Act that has not been returned to the owner, or forfeited to the Crown, before the commencement. ‘(2) After the commencement, the weapon is to be dealt with under section 34 of the new Act as if it had been seized under the new Act. ‘(3) For the purposes of dealing with the weapon under section 34(3) of the new Act, a reference in that subsection to— (a) a protection order is to include a protection order under the old Act; and (b) a temporary protection order is to include an interim protection order under the old Act; and (c) a condition is to include prohibitions and restrictions under the old Act. ˙ ‘Renumbering of Act ‘52.(1) In this section— “provision” means a Part, Division, section or subsection. ‘(2) The Parts of the new Act are renumbered so that they bear consecutive arabic numerals starting with ‘1’. ‘(3) The Divisions of each Part of the new Act are renumbered so that they bear consecutive arabic numerals starting with ‘1’. ‘(4) The sections of the new Act are renumbered in a single series so that

59 Domestic Violence (Family Protection) Amendment No. 46, 1992 they bear consecutive arabic numerals starting with ‘1’. ‘(5) The sentences of each section of the new Act (whether or not they are subsections) are renumbered so that they bear consecutive arabic numerals enclosed in brackets starting with ‘(1)’. ‘(6) Each reference in the new Act to a provision of the new Act that has been renumbered under this section is amended by omitting the reference and substituting a reference to the provision as renumbered. ’.

60 Domestic Violence (Family Protection) Amendment No. 46, 1992 SCHEDULE · CONSEQUENTIAL AMENDMENTS BECAUSE OF CHANGES IN REFERENCES ´ 1. ‘Aggrieved person’ to ‘aggrieved spouse’ Sections 15(2)(a), 19(2), 21(2) and (3), 27(1)(b), 30(1) and (2) and 38(1)(b)(i)— omit ‘ aggrieved person ’ (wherever occurring) , insert ‘ aggrieved spouse ’. ´ 2. ‘Interim protection order’ to ‘temporary protection order’ Sections 18, 19 and 40— omit ‘ interim protection order ’ (wherever occurring) , insert ‘ temporary protection order ’. ´ 3. ‘Magistrates Court’ to ‘court’ Sections 15(3), 18(a)(ii) and (iii), 19(1)(c), 25(1) and 37(2)— omit ‘ Magistrates Court ’, insert ‘ court ’. ´ 4. ‘Member of the police force’ to ‘police officer’ Sections 15(4)(c), 19(1), 30(1), 32(1), (2), (5), (6) and (7), 35(1) and (5), 36, 38(1)(b)(ii) and (3), 39(2) and 42(2)— omit ‘ member of the police force ’, insert ‘ police officer ’. · 5. ‘Member’s’ to ‘officer’s’ Section 32(2) and (7)— omit ‘ member’s ’, insert ‘ officer’s ’.

61 Domestic Violence (Family Protection) Amendment SCHEDULE (continued) ´ 6. ‘Prescribed form’ to ‘approved form’ Sections 18, 19(1) and 32(7)— omit ‘ prescribed form ’, insert ‘ approved form ’. No. 46, 1992 ´ 7. ‘Respondent’ to ‘respondent spouse’ Sections 15(2)(a), 15(4)(c), 18(b)(ii), 19(2), 21(2), and (3), 22(1), 25(1) and 27(1)(b)— omit ‘ respondent ’ (wherever occurring) , insert ‘ respondent spouse ’. ´ 8. ‘Respondent’s’ to ‘spouse’s’ Section 15(4)(c)— omit ‘ respondent’s ’, insert ‘ spouse’s ’. ´ 9. Omission of ‘firearm or other’ Section 32(6) and (7)(b)(iii)— omit ‘ firearm or other ’ (wherever occurring) . ´ 10. Omission of ‘firearms or other’ Section 33(2)— omit ‘ firearms or other ’. ´ 11. Omission of ‘Stipendiary’ Sections 18, 19(1), 25(1), 38(1) and (4) and 40(2)— omit ‘ Stipendiary ’. The State of Queensland 1992