Restraining Orders Amendment Act 2011 (WA)

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Western Australia

Restraining Orders Amendment Act 2011

Western Australia

Restraining Orders Amendment Act 2011

CONTENTS

Part 1 — Preliminary

1.

Short title

2

2.

Commencement

2

Part 2 — Restraining Orders Act 1997

amended

3.

Act amended

3

4.

Section 12 amended

3

5.

Section 13 amended

3

6.

Section 16 amended

3

7.

Section 25 amended

4

8.

Section 30D replaced

4

30D.

Police orders against children

4

9.

Section 30F replaced

4

30F.

Duration of police orders

4

10.

Section 30G deleted

5

11.

Section 31A inserted

5

31A.

Term used: respondent

5

12.

Section 32 amended

5

13.

Section 45 amended

7

14.

Section 53G inserted

7

53G.

Arrangements for care and wellbeing of

children bound by restraining orders

7

15.

Sections 61A and 61B inserted

8

61A.

Penalty for repeated breach of restraining

order

8

61B.

Protected person aiding breach of a

restraining order or police order

9

Restraining Orders Amendment Act 2011

Contents

Part 3 — Criminal Investigation

Act 2006 amended

16.

Act amended

11

17.

Section 128 amended

11

Western Australia

Restraining Orders Amendment Act 2011

No. 32 of 2011

An Act to amend the Restraining Orders Act 1997 and to make a consequential amendment to the Criminal Investigation Act 2006.

[Assented to 12 September 2011]

The Parliament of Western Australia enacts as follows:

Restraining Orders Amendment Act 2011

Part 1

Preliminary

s. 1

Part 1 — Preliminary

1.             Short title

This is the Restraining Orders Amendment Act 2011.

2.             Commencement

This Act comes into operation as follows —

(a)

sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b)

the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

Restraining Orders Amendment Act 2011

Restraining Orders Act 1997 amended

Part 2

s. 3

Part 2 — Restraining Orders Act 1997 amended

3.             Act amended

This Part amends the Restraining Orders Act 1997.

4.             Section 12 amended

After section 12(4) insert:

(5)

The information is to be provided in the form of a

certificate signed by a police officer of or above the

rank of inspector.

(6)

The certificate is prima facie evidence of the matters

specified in it, without proof of the signature of the

person purporting to have signed it or proof that the

purported signatory was a police officer of or above the

rank of inspector.

5.             Section 13 amended

After section 13(5) insert:

(6)

A violence restraining order may inform the respondent

that certain behaviour and activities are unlawful.

6.             Section 16 amended

After section 16(2) insert:

(3A)

Any other interim order, or a final order, lapses if it is

not served on the respondent within 2 years, or any

shorter period specified in the order, of the order being

made.

Restraining Orders Amendment Act 2011

Part 2

Restraining Orders Act 1997 amended

s. 7

7.             Section 25 amended

In section 25(3)(a) after “respondent” insert:

or person…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.