Personal Safety Intervention Orders Regulations 2021 (Vic)

Version No. 001

Personal Safety Intervention Orders Regulations 2021

S.R. No. 99/2021

Version as at

29 August 2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Revocation

5Definition

6Prescribed corresponding interstate laws

7Prescribed corresponding New Zealand law

8Court may ask Secretary to Department for report

9Court may request report from Department

10Surrender of firearms and weapons

11Disclosure of information by organisations

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 001

Personal Safety Intervention Orders Regulations 2021

S.R. No. 99/2021

Version as at

29 August 2021

1Objective

The objective of these Regulations is to prescribe matters necessary for the effective implementation of the Personal Safety Intervention Orders Act 2010.

2Authorising provision

These Regulations are made under section 185 of the Personal Safety Intervention Orders Act 2010.

3Commencement

These Regulations come into operation on 29 August 2021.

4Revocation

The Personal Safety Intervention Orders Regulations 2011[1] are revoked.

5Definition

In these Regulations, the Act means the Personal Safety Intervention Orders Act 2010.

6Prescribed corresponding interstate laws

For the purposes of paragraph (b) of the definition of corresponding interstate law in section 4 of the Act, the following laws are prescribed—

(a)the Personal Violence Act 2016 of the Australian Capital Territory;

(b)the Crimes (Domestic and Personal Violence) Act 2007 of New South Wales;

(c)the Personal Violence Restraining Orders Act 2016 of the Northern Territory;

(d)the Criminal Code of Queensland;

(e)the Peace and Good Behaviour Act 1982 of Queensland;

(f)the Criminal Procedure Act 1921 of South Australia;

(g)the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia;

(h)the Justices Act 1959 of Tasmania;

(i)the Restraining Orders Act 1997 of Western Australia.

7Prescribed corresponding New Zealand law

For the purposes of paragraph (b) of the definition of corresponding New Zealand law in section 4 of the Act, the Harassment Act 1997 of New Zealand is prescribed.

8Court may ask Secretary to Department for report

For the purposes of section 72(2) of the Act, the prescribed time is 7 days.

9Court may request report from Department

For the purposes of section 75(3) of the Act, the prescribed time is 7 days.

10Surrender of firearms and weapons

(1)In relation to a direction given under section 115(2)(a) of the Act, the following are prescribed particulars for the purposes of section 115(3)—

(a)if the police officer giving the direction is not in uniform, the police officer's name and rank;

(b)a statement that it is an offence to fail to comply with a lawful direction to surrender a firearm, firearms authority, ammunition or weapon to a police officer.

(2)In relation to a direction given under section 115(2)(b) of the Act, the following are prescribed particulars for the purposes of section 115(3)—

(a)the name of the person given the direction;

(b)the address (if known) of the person given the direction;

(c)the date of birth (if known) of the person given the direction;

(d)the name, rank and station of the police officer issuing the direction;

(e)a statement that the direction is given under section 115(2)(b) of the Act;

(f)the date and time at which the direction is given;

(g)the place at which the firearm, firearms authority, ammunition or weapon is to be surrendered;

(h)a statement that the firearm, firearms authority, ammunition or weapon must be surrendered by the specified time (if any) or otherwise within 48 hours of the direction being given to the person;

(i)a description of the firearm, firearms authority, ammunition or weapon to be surrendered (if known), including but not limited to any known identifiers such as the model and serial number of a firearm;

(j)a statement that it is an offence under section 115(4) of the Act to fail to comply with the direction, punishable by 60 penalty units in the case of a failure to surrender a firearm and 30 penalty units in the case of a failure to surrender a firearms authority, ammunition or a weapon.

11Disclosure of information by organisations

For the purposes of section 181(1) of the Act, the prescribed way is by application in writing that sets out—

(a)the name of the organisation to which the application is made; and

(b)the date of the application; and

(c)the name, rank, registered number, station and contact telephone number of the police officer making the application; and

(d)the name of the respondent to which the application relates; and

(e)the respondent's date of birth (if known); and

(f)the respondent's gender; and

(g)that the request is made under section 181 of the Act; and

(h)that if the organisation has the information requested in the application the organisation is required to give the police officer the information under section 181(2) of the Act.

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Personal Safety Intervention Orders Regulations 2021, S.R. No. 99/2021 were made on 17 August 2021 by the Governor in Council under section 185 of the Personal Safety Intervention Orders Act 2010, No. 53/2010 and came into operation on 29 August 2021: regulation 3.

The Personal Safety Intervention Orders Regulations 2021 will sunset 10 years after the day of making on 17 August 2031 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

There are no amendments made to the Personal Safety Intervention Orders Regulations 2021 by statutory rules, subordinate instruments and Acts.

3   Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

4   Explanatory details

[1] Reg. 4: S.R. No. 89/2011.