Protection Orders (Reciprocal Arrangements) (Amendment) Act 1998 (ACT)

AUSTRALIAN CAPITAL TERRITORY

Protection Orders (Reciprocal
Arrangements) (Amendment) Act 1998

No. 40 of 1998

An Act to amend the Protection Orders (Reciprocal Arrangements) Act 1992

[Notified in ACT Gazette No. 41: 14 October 1998]

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Short title

   This Act may be cited as the Protection Orders (Reciprocal Arrangements) (Amendment) Act 1998.

2. Commencement

   This Act commences on the day on which it is notified in the Gazette.

3. Principal Act

   In this Act, “Principal Act” means the Protection Orders (Reciprocal Arrangements) Act 1992.1

4. Interpretation

   Section 3 of the Principal Act is amended—

(a)by omitting the definitions of “interstate court” and “interstate order”; and

(b)by inserting the following definitions:

“ ‘recognised court’ means—

(a)when used with the indefinite article—a court in a State, another Territory or New Zealand that may make a recognised order; and

(b)in relation to a recognised order—the court that made the order;

‘recognised order’ means an order, made under a law of a State, another Territory or New Zealand,  that has substantially the same effect as a protection order;”. 

1. Consequential amendments

   The Principal Act is further amended as set out in the Schedule.

SCHEDULE  Section 6

Further amendments  to Principal Act

1. The following provisions are amended by omitting “interstate court” and substituting “recognised court”:

Paragraphs 5 (2) (b) and 7 (b), section 8 and paragraphs 10 (a), (c) and (d).

1. The following provisions are amended by omitting “interstate order”  (wherever occurring) and substituting “recognised order”:

Section 3 (definition of “registered order”), subsection 4 (1), paragraph 4 (2) (b), subsections 4 (3), 5 (1) and (2) and 6 (3) (definition of “original party”), section 8, paragraph 8 (b) and subsection 9 (1).

NOTE

Principal Act

1. Act No. 36, 1992.

Section headings

On the day on which the Protection Orders (Reciprocal Arrangements) Act 1992 is amended by this Act, headings to sections of the Principal Act are altered as set out in the following table:

Section	Alteration
4	Omit “interstate order”, substitute “recognised order”.
8	Omit “interstate order”, substitute “recognised order”.
9	Omit “interstate order”, substitute “recognised order”.

[Presentation speech made in Assembly on 28 May 1998]

©  Australian Capital Territory 1998