Firearms Act 1989 Regulation relating to apprehended violence orders and interim apprehended violence orders (1993-609) [GG No 138 of 17.12.1993] (NSW)

1993—No. 609

FIREARMS ACT 1989—REGULATION

(Relating to apprehended violence orders and interim

apprehended violence orders)

NEW SOUTH WALES

[Published in Gazette No. 138 of 17 December 1993]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Firearms Act 1989, has been pleased to make the Regulation set forth hereunder.

Terry Griffiths, MP,

Minister for Police.

Commencement

1. This Regulation commences on 19 December 1993.

Amendment

2. The Firearms Regulation 1990 is amended by omitting clause 3A and by inserting instead the following clause:

Apprehended violence orders and interim apprehended violence orders of other jurisdictions

3A. (1) For the purposes of the definition of “apprehended violence order” in section 3 (1) of the Act, the following orders are prescribed:

(a)	a protection order under the Domestic Violence (Family Protection) Act 1989 of the State of Queensland;
(b)	an order under section 99 of the Summary Procedure Act, 1921 of the State of South Australia;
(c)	a restraint order made under section 106B of the Justices Act 1959 of the State of Tasmania;

(d)	an intervention order under the Crimes (Family Violence) Act 1987 of the State of Victoria;
(e)	an order under section 172 of the Justices Act 1902 of the State of Western Australia;
(f)	a protection order under the Domestic Violence Act 1986 of the Australian Capital Territory;
(g)	a restraining order under the Domestic Violence Act 1992 of the Northern Territory.

(2) For the purposes of the definition of “interim apprehended violence order” in section 3 (1) of the Act, the following orders are prescribed:

(a)	a temporary protection order under the Domestic Violence (Family Protection) Act 1989 of the State of Queensland;
(b)	an interim restraint order made under section 106D of the Justices Act 1959 of the State of Tasmania;
(c)	an interim intervention order under the Crimes (Family Violence) Act 1987 of the State of Victoria;
(d)	an interim protection order under the Domestic Violence Act 1986

of the Australian Capital Territory.

EXPLANATORY NOTE

The Crimes (Domestic Violence) Amendment Act 1993 repeals and replaces the definitions of “apprehended violence order” and “interim apprehended violence order’’ in the Firearms Act 1989. The object of this Regulation is (as a consequence

of those amendments) to repeal and remake, with updated references, the provision of the Firearms Regulation 1990 which prescribes certain interstate orders as

apprehended violence orders and interim apprehended violence orders, to ensure

that those orders can be taken into account for the purposes of the Firearms Act

1989.

This Regulation is made under the Firearms Act 1989, in particular the
definitions of “apprehended violence order” and “interim apprehended violence
order” in section 3 (1) and section 56 (1) (the general regulation making power).