Sexual, Family and Personal Violence Legislation Amendment Act 2024 (ACT)
Sexual, Family and Personal Violence Legislation Amendment Act 2024
A2024-40
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2Bail Act 1992
4 Schedule 1, part 1.1 3
Part 3Crimes Act 1900
5 Summary disposal of certain cases at prosecutor’s electionSection 374 (2) 5
Part 4Family Violence Act 2016
6 New subdivision 3.3.1A 6
7 Section 20 7
8 General interim orders—extension for non-service of final orderSection 29 (2) 7
9 Offence—contravention of family violence order New section 43 (4) 7
10 New section 44A 8
11 Sections 46 and 47 8
12 Preliminary conferences—generallySection 49 (2) 11
13 Explaining orders if protected person presentSection 67 (2) (d) 11
14 Section 67 (2), note 11
15 Section 82A 11
16 Section 91A 14
17 Court-initiated interim ordersSection 112 (1), note 17
18 New section 112 (4A) 17
19 Dictionary, definition of protection order, paragraph (b) (ii) 18
20 Dictionary, definition of related, paragraph (b) 18
21 Dictionary, definition of return date 18
Part 5Personal Violence Act 2016
22 General interim orders—extension for non-service of final orderSection 24AB (2) 19
23 New section 38A 19
24 Sections 40 and 41 20
25 Preliminary conferences—generallySection 43 (2) 22
26 Section 76A 23
27 Section 83A 24
28 Dictionary, definition of related, paragraph (b) 28
29 Dictionary, definition of return date 28
Schedule 1 Technical amendments 29
Part 1.1 Bail Act 1992 29
Part 1.2 Crimes Act 1900 30
Part 1.3 Crimes (Forensic Procedures) Act 2000 30
Sexual, Family and Personal Violence Legislation Amendment Act 2024
A2024-40
An Act to amend legislation about sexual violence, family violence and personal violence, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Sexual, Family and Personal Violence Legislation Amendment Act 2024.
Commencement
This Act commences on the 7th day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the following legislation:
· Bail Act 1992
· Crimes Act 1900
· Family Violence Act 2016
· Personal Violence Act 2016.
NoteThis Act also amends the Crimes (Forensic Procedures) Act 2000 (see sch 1).
Part 2Bail Act 1992
Schedule 1, part 1.1
substitute
Part 1.1Offences against Crimes Act 1900
| column 1 item | column 2 provision | column 3 description of offence |
| 1 | 15 | manslaughter |
| 2 | 19 | intentionally inflicting grievous bodily harm |
| 3 | 29 | culpable driving of motor vehicle |
| 4 | 29A | driving motor vehicle at police |
| 5 | 51 | sexual assault in the first degree |
| 6 | 52 | sexual assault in the second degree |
| 7 | 53 | sexual assault in the third degree |
| 8 | 54 | sexual intercourse without consent |
| 9 | 55 (1) | sexual intercourse with young person under 10 years old |
| 10 | 55 (3) | sexual intercourse with young person under 16 years old |
| 11 | 55A (1) | sexual intercourse with young person under special care |
| 12 | 56 (1) | persistent sexual abuse of child or young person under special care |
| 13 | 62 | incest and similar offences |
| 14 | 64 | using child for production of child exploitation material etc |
| 15 | 66 | grooming and depraving young people |
Part 3Crimes Act 1900
Summary disposal of certain cases at prosecutor’s election
Section 374 (2)substitute
(2)For subsection (1) (a), if the offence is charged as an aggravated offence because it involves family violence, the penalty of imprisonment for the offence is—
(a)if the simple offence is punishable by imprisonment for not longer than 2 years—the penalty for the aggravated offence; or
(b)if the simple offence is punishable by imprisonment for longer than 2 years but not longer than 5 years—the penalty for the simple offence.
Part 4Family Violence Act 2016
New subdivision 3.3.1A
before division 3.3.1, insert
Subdivision 3.3.1A Seeking interim orders
19AWho may seek interim orders?
An applicant for a final order may seek an interim order—
(a)when making the application for the final order; or
(b)if the applicant does not seek an interim order under paragraph (a)—at any time before the application for the final order is decided if there has been a change in circumstances since the application was made; or
(c)if the applicant seeks an interim order under paragraph (a) or (b) and the court refuses to make the interim order—at any time before the application for the final order is decided if there has been a change in circumstances since the applicant last sought an interim order.
Examples—changes in circumstances
1 the applicant obtains information or legal advice about seeking an interim order after making the application for the final order or being refused an interim order
2 the applicant has experienced, or is likely to experience, further family violence or an escalation in family violence
Section 20
substitute
Interim orders—may be made any time before application for final order is decided
If an application for a final order is made, the Magistrates Court may make an interim order at any time before the application for the final order is decided.
NoteThe court may also make court-initiated interim orders (see s 112).
General interim orders—extension for non-service of final order
Section 29 (2)substitute
(2)The general interim order is extended—
(a)until the final order is served on the respondent; or
(b)if, despite reasonable attempts, the final order is unable to be served on the respondent—for the period the final order would have been in force under section 35 (Final orders—length), had it been served.
Offence—contravention of family violence order
New section 43 (4)insert
(4)A person does not commit an offence under the Criminal Code, section 45 (Complicity and common purpose) if the person—
(a)is a protected person under the family violence order; and
(b)aids, abets, counsels, procures, or is knowingly concerned in or a party to, the commission of conduct that contravenes the order (including a condition of the order).
New section 44A
in division 3.7, insert
44AFamily violence order continues in force when protected person becomes adult
(1)This section applies if—
(a)the court makes a family violence order; and
(b)a protected person is a child when the order is made.
(2)To remove any doubt, the order continues in force in accordance with the terms of the order and this Act when the protected person becomes an adult.
Sections 46 and 47
substitute
Interim order not sought
(1)If the Magistrates Court receives an application for a protection order and an interim order is not sought, the court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that—
(a)holding a preliminary conference would create an unacceptable risk to a person’s safety; or
(b)a preliminary conference would be unlikely to achieve its objects.
NoteFor the objects of a preliminary conference, see s 49.
(2)If the Magistrates Court decides to hold a preliminary conference, the registrar must do the following:
(a)set a return date for the preliminary conference that is as soon as practicable after the day the application is received;
(b)as soon as practicable serve on the respondent—
(i)a copy of the application; and
(ii)a timing notice for the conference;
(c)as soon as practicable give the applicant a timing notice.
NoteThe application for the protection order and timing notice must be served personally on the respondent (see s 70A).
(3)If the Magistrates Court decides not to hold a preliminary conference, the registrar must do the following:
(a)set a return date for the application;
(b)as soon as practicable serve on the respondent—
(i)a copy of the application; and
(ii)notice of the return date;
(c)as soon as practicable give the applicant notice of the return date.
Interim order sought
(1)If the Magistrates Court receives an application for a protection order and an interim order is sought, the court must set a return date for the hearing of the interim order which is not later than 2 days after the day the application is received.
(2)After the hearing for the interim order, the Magistrate’s Court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that—
(a)holding a preliminary conference would create an unacceptable risk to a person’s safety; or
(b)a preliminary conference would be unlikely to achieve its objects.
NoteFor the objects of a preliminary conference, see s 49.
(3)If the Magistrates Court decides to hold a preliminary conference, the registrar must do the following:
(a)set a return date for a preliminary conference which is as soon as practicable after the hearing; and
(b)as soon as practicable serve on the respondent—
(i)a copy of the application for the protection order; and
(ii)if an interim order was made—
(A)a copy of the application for the interim order; and
(B)a copy of the interim order; and
(iii)a timing notice for the conference; and
(c)as soon as practicable give the applicant a timing notice.
Note The application for the protection order and timing notice must be served personally on the respondent (see s 70A).
(4)If the Magistrates Court decides not to hold a preliminary conference, the registrar must do the following:
(a)set a return date for the application;
(b)as soon as practicable serve on the respondent—
(i)a copy of the application for the protection order; and
(ii)if an interim order was made—
(A)a copy of the application for the interim order; and
(B)a copy of the interim order; and
(iii)notice of the return date;
(c)as soon as practicable give the applicant notice of the return date.
(5)Subsection (3) continues to apply even if the order is taken to be a special interim order under section 26 (General interim orders—taken to be special interim orders if related charges laid) before a preliminary conference is held.
Preliminary conferences—generally
Section 49 (2)omit
Explaining orders if protected person present
Section 67 (2) (d)omit
Section 67 (2), note
omit
Section 82A
substitute
82AAmendment of protection orders—preliminary conferences
(1)If the Magistrates Court receives an application under section 82, the court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that—
(a)holding a preliminary conference would create an unacceptable risk to a person’s safety; or
(b)a preliminary conference would be unlikely to achieve its objects.
(2)The objects of a preliminary conference are to—
(a)find out whether the proceeding for the amendment may be settled by consent before it is heard by the Magistrates Court; and
(b)ensure the application is ready to be heard as soon as practicable.
NoteWords spoken or anything done at the preliminary conference that is related to a question to be decided by the court in a proceeding for the protection order is generally inadmissible as evidence in the proceeding (see s 62).
(3)If the Magistrates Court decides to hold a preliminary conference the registrar must do the following:
(a)set a return date for the preliminary conference that is as soon as practicable after the day the application is received;
(b)as soon as practicable serve on the other party—
(i)a copy of the application; and
(ii)a timing notice for the conference;
(c)as soon as practicable give the applicant a timing notice.
(4)If the Magistrates Court decides not to hold a preliminary conference, the registrar must do the following:
(a)set a return date for the application;
(b)as soon as practicable serve on the other party—
(i)a copy of the application; and
(ii)notice of the return date;
(c)as soon as practicable give the applicant notice of the return date.
(5)The registrar may adjourn a preliminary conference if—
(a)the registrar has set a return date for the preliminary conference; and
(b)the respondent has not been served in accordance with this section; and
(c)the registrar is satisfied that the respondent may be served if further time for service were allowed.
NoteThe court may direct that service be effected in another way if personal service is not reasonably practicable (see s 70A (2)).
82BProvisional amendment of protection order in special or exceptional circumstances
(1)This section applies if the Magistrates Court receives an application for an amendment under section 82 and the applicant—
(a)is the protected person, or the applicant, for the protection order; and
(b)seeks an urgent amendment (a provisional amendment) before the application for the amendment is decided.
(2)The Magistrates Court may make the provisional amendment at any time before the application for the amendment is decided, and whether or not the respondent is present, if satisfied—
(a)that there are special or exceptional circumstances that justify making the amendment; and
(b)of the matters mentioned in section 83 (1).
(3)If the Magistrates Court makes a provisional amendment, the registrar must as soon as practicable serve on the respondent a copy of the provisional amendment.
NoteSection 82A deals with the holding of a preliminary conference in relation to an application made under s 82.
(4)A provisional amendment ends on the earlier of the following:
(a)the date the application for the amendment is decided;
(b)12 months after the provisional amendment is made.
(5)More than 1 provisional amendment may be in force in relation to the same application.
Section 91A
substitute
91AReview of orders—preliminary conference
(1)If the Magistrates Court receives an application under section 87, section 89 or section 91, the court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that—
(a)holding a preliminary conference would create an unacceptable risk to a person’s safety; or
(b)a preliminary conference would be unlikely to achieve its objects.
(2)The objects of a preliminary conference are to—
(a)find out whether the proceeding for the review may be settled by consent before it is heard by the Magistrates Court; and
(b)ensure the application is ready to be heard as soon as practicable.
NoteWords spoken or anything done at the preliminary conference that is related to a question to be decided by the court in a proceeding for the protection order is generally inadmissible as evidence in the proceeding (see s 62).
(3)If the Magistrates Court decides to hold a preliminary conference, the registrar must do the following:
(a)set a return date for the preliminary conference that is as soon as practicable after the day the application is received;
(b)as soon as practicable serve on the other party—
(i)a copy of the application; and
(ii)a timing notice for the conference;
(c)as soon as practicable give the applicant a timing notice.
(4)If the Magistrates Court decides not to hold a preliminary conference, the registrar must do the following:
(a)set a return date for the application;
(b)as soon as practicable serve on the other party—
(i)a copy of the application; and
(ii)notice of the return date;
(c)as soon as practicable give the applicant notice of the return date.
(5)The registrar may adjourn a preliminary conference if—
(a)the registrar has set a return date for the preliminary conference; and
(b)the respondent has not been served in accordance with this section; and
(c)the registrar is satisfied that the respondent may be served if further time for service were allowed.
NoteThe court may direct that service be effected in another way if personal service is not reasonably practicable (see s 70A (2)).
91BMagistrate review of registrar decisions
(1)This section applies if—
(a)a territory law provides for the exercise of the Magistrates Court’s jurisdiction by the registrar in relation to a relevant decision; and
NoteThe Court Procedures Rules 2006 may provide for the jurisdiction of the Magistrates Court otherwise exercisable by a magistrate to be exercised by the registrar, in the cases and subject to the conditions prescribed under the rules (see Magistrates Court Act 1930, s 4 (4)).
(b)the registrar makes a relevant decision.
(2)The registrar must tell the applicant for the protection order about the effect of this section when they make the relevant decision.
(3)The applicant may, before the close of registry on the day the relevant decision is made, request a review of the relevant decision.
NoteFor registry’s office hours, see the Court Procedures Rules 2006, r 6300.
(4)The request may be made orally or in writing.
(5)If the applicant requests a review under subsection (3), the registrar must—
(a)set a return date for a hearing of the request for review that is as soon as reasonably practicable, but not later than 2 days after the day the request is received; and
(b)tell the applicant the return date, time and place of the hearing.
(6)The registrar need not tell the respondent about the return date, time and place of the hearing.
(7)The review is a rehearing of the matter anew.
(8)For this section, a decision of the registrar is a relevant decision if it is a decision to—
(a)refuse to make an interim order; or
(b)if section 54 (Respondent not present at return of application) applies—adjourn the proceeding; or
(c)if the applicant for the protection order asks for a condition to be included in an interim order—refuse to include the condition in the interim order.
(9)Despite subsection (8) (c), a decision of the registrar is not a relevant decision if the registrar includes a condition of a similar kind in the interim order.
Example—condition of a similar kind
The applicant for a protection order asks for the interim order to include a condition that the respondent is prohibited from being within 20m of the applicant. The registrar refuses to include the requested condition, but includes a condition that the respondent is prohibited from being within 50m of the applicant. The condition included in the interim order is a condition of a similar kind to the condition sought by the applicant.
Court-initiated interim orders
Section 112 (1), noteomit
New section 112 (4A)
insert
(4A)The registrar must, as soon as practicable after an interim order is made under this section—
(a)give the protected person a copy of the interim order; and
(b)take all reasonable steps to confirm the protected person knows about the interim order.
Dictionary, definition of protection order, paragraph (b) (ii)
substitute
(ii)an order amending a protection order, including an order for a provisional amendment under section 82B or a temporary amendment under section 84.
Dictionary, definition of related, paragraph (b)
omit
, other than an offence against section 43 (Offence—contravention of family violence order)
Dictionary, definition of return date
after
protection order
insert
or review of a protection order
Part 5Personal Violence Act 2016
General interim orders—extension for non-service of final order
Section 24AB (2)substitute
(2)The general interim order is extended—
(a)until the final order is served on the respondent; or
(b)if, despite reasonable attempts, the final order is unable to be served on the respondent—for the period the final order would have been in force under section 27 (Final orders—length), had it been served.
New section 38A
in division 3.7, insert
38AProtection order continues in force when protected person becomes adult
(1)This section applies if—
(a)the court makes protection order; and
(b)a protected person is a child when the order is made.
(2)To remove any doubt, the order continues in force in accordance with the terms of the order and this Act when the protected person becomes an adult.
Sections 40 and 41
substitute
Interim order not sought
(1)If the Magistrates Court receives an application for a protection order and an interim order is not sought, the court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that—
(a)holding a preliminary conference would create an unacceptable risk to a person’s safety; or
(b)a preliminary conference would be unlikely to achieve its objects.
NoteFor the objects of a preliminary conference, see s 43.
(2)If the Magistrates Court decides to hold a preliminary conference, the registrar must do the following:
(a)set a return date for the preliminary conference that is as soon as practicable after the day the application is received;
(b)as soon as practicable serve on the respondent—
(i)a copy of the application; and
(ii)a timing notice for the conference;
(c)as soon as practicable give the applicant a timing notice.
NoteThe application for the protection order and timing notice must be served personally on the respondent (see s 64A).
(3)If the Magistrates Court decides not to hold a preliminary conference, the registrar must do the following:
(a)set a return date;
(b)as soon as practicable serve on the respondent—
(i)a copy of the application; and
(ii)notice of the return date;
(c)as soon as practicable give the applicant notice of the return date.
Interim order sought
(1)If the Magistrates Court receives an application for a protection order and an interim order is sought, the court must set a return date for the hearing of the interim order which is not later than 2 days after the day the application is received.
(2)After the hearing for the interim order, the Magistrate’s Court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that—
(a)holding a preliminary conference would create an unacceptable risk to a person’s safety; or
(b)a preliminary conference would be unlikely to achieve its objects.
NoteFor the objects of a preliminary conference, see s 43.
(3)If the Magistrates Court decides to hold a preliminary conference, the registrar must do the following:
(a)set a return date for a preliminary conference which is as soon as practicable after the hearing; and
(b)as soon as practicable serve on the respondent—
(i)a copy of the application for the protection order; and
(ii)if an interim order was made—
(A)a copy of the application for the interim order; and
(B)a copy of the interim order; and
(iii)a timing notice for the conference; and
(c)as soon as practicable give the applicant a timing notice.
Note The application for the protection order and timing notice must be served personally on the respondent (see s 64A).
(4)If the Magistrates Court decides not to hold a preliminary conference, the registrar must do the following:
(a)set a return date for the application;
(b)as soon as practicable serve on the respondent—
(i)a copy of the application for the protection order; and
(ii)if an interim order was made—
(A)a copy of the application for the interim order; and
(B)a copy of the interim order; and
(iii)notice of the return date;
(c)as soon as practicable give the applicant notice of the return date.
(5)Subsection (3) continues to apply even if the order is taken to be a special interim order under section 23 (General interim orders—taken to be special interim orders if related charges laid) before a preliminary conference is held.
Preliminary conferences—generally
Section 43 (2)omit
Section 76A
substitute
76AAmendment of protection orders—preliminary conferences
(1)If the Magistrates Court receives an application under section 76, the court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that—
(a)holding a preliminary conference would create an unacceptable risk to a person’s safety; or
(b)a preliminary conference would be unlikely to achieve its objects.
(2)The objects of a preliminary conference are to—
(a)find out whether the proceeding for the amendment may be settled by consent before it is heard by the Magistrates Court; and
(b)ensure the application is ready to be heard as soon as practicable.
NoteWords spoken or anything done at the preliminary conference that is related to a question to be decided by the court in a proceeding for the protection order is generally inadmissible as evidence in the proceeding (see s 57).
(3)If the Magistrates Court decides to hold a preliminary conference, the registrar must do the following:
(a)set a return date for the preliminary conference that is as soon as practicable after the day the application is received;
(b)as soon as practicable serve on the other party—
(i)a copy of the application; and
(ii)a timing notice for the conference;
(c)as soon as practicable give the applicant a timing notice.
(4)If the Magistrates Court decides not to hold a preliminary conference, the registrar must do the following:
(a)set a return date for the application;
(b)as soon as practicable serve on the other party—
(i)a copy of the application; and
(ii)notice of the return date;
(c)as soon as practicable give the applicant notice of the return date.
(5)The registrar may adjourn a preliminary conference if—
(a)the registrar has set a return date for the preliminary conference; and
(b)the respondent has not been served in accordance with this section; and
(c)the registrar is satisfied that the respondent may be served if further time for service were allowed.
NoteThe court may direct that service be effected in another way if personal service is not reasonably practicable (see s 64A (2)).
Section 83A
substitute
83AReview of orders—preliminary conferences
(1)If the Magistrates Court receives an application under section 81, the court must hold a preliminary conference unless the court is satisfied, on application or on its own initiative, that—
(a)holding a preliminary conference would create an unacceptable risk to a person’s safety; or
(b)a preliminary conference would be unlikely to achieve its objects.
(2)The objects of a preliminary conference are to—
(a)find out whether the proceeding for the review may be settled by consent before it is heard by the Magistrates Court; and
(b)ensure the application is ready to be heard as soon as practicable.
NoteWords spoken or anything done at the preliminary conference that is related to a question to be decided by the court in a proceeding for the protection order is generally inadmissible as evidence in the proceeding (see s 57).
(3)If the Magistrates Court holds a preliminary conference, the registrar must do the following:
(a)set a return date for the preliminary conference that is as soon as practicable after the day the application is received;
(b)as soon as practicable serve on the other party—
(i)a copy of the application; and
(ii)a timing notice for the conference;
(c)as soon as practicable give the applicant a timing notice.
(4)If the Magistrates Court does not hold a preliminary conference, the registrar must do the following:
(a)set a return date for the application;
(b)as soon as practicable serve on the other party—
(i)a copy of the application; and
(ii)notice of the return date;
(c)as soon as practicable give the applicant notice of the return date.
(5)The registrar may adjourn a preliminary conference if—
(a)the registrar has set a return date for the preliminary conference; and
(b)the respondent has not been served in accordance with this section; and
(c)the registrar is satisfied that the respondent may be served if further time for service were allowed.
NoteThe court may direct that service be effected in another way if personal service is not reasonably practicable (see s 64A (2)).
83BMagistrate review of registrar decisions
(1)This section applies if—
(a)a territory law provides for the exercise of the Magistrates Court’s jurisdiction by the registrar in relation to a relevant decision; and
NoteThe Court Procedures Rules 2006 may provide for the jurisdiction of the Magistrates Court otherwise exercisable by a magistrate to be exercised by the registrar, in the cases and subject to the conditions prescribed under the rules (see Magistrates Court Act 1930, s 4 (4)).
(b)the registrar makes a relevant decision.
(2)The registrar must tell the applicant for the protection order about the effect of this section when they make the relevant decision.
(3)The applicant may, before the close of registry on the day the relevant decision is made, request a review of the relevant decision.
NoteFor registry’s office hours, see the Court Procedures Rules 2006, r 6300.
(4)The request may be made orally or in writing.
(5)If the applicant requests a review under subsection (3), the registrar must—
(a)set a return date for a hearing of the request for review that is as soon as reasonably practicable, but not later than 2 days after the day the request is received; and
(b)tell the applicant the return date, time and place of the hearing.
(6)The registrar need not tell the respondent about the return date, time and place of the hearing.
(7)The review is a rehearing of the matter anew.
(8)For this section, a decision of the registrar is a relevant decision if it is a decision to—
(a)refuse to make an interim order; or
(b)if section 49 (Respondent not present at return of application) applies—adjourn the proceeding; or
(c)if the applicant for the protection order asks for a condition to be included in an interim order—refuse to include the condition in the interim order.
(9)Despite subsection (8) (c), a decision of the registrar is not a relevant decision if the registrar includes a condition of a similar kind in the interim order.
Example—condition of a similar kind
The applicant for a protection order asks for the interim order to include a condition that the respondent is prohibited from being within 20m of the applicant. The registrar refuses to include the requested condition, but includes a condition that the respondent is prohibited from being within 50m of the applicant. The condition included in the interim order is a condition of a similar kind to the condition sought by the applicant.
Dictionary, definition of related, paragraph (b)
omit
, other than an offence against section 35 (Offence—contravention of protection order)
Dictionary, definition of return date
after
protection order
insert
or review of a protection order
Schedule 1Technical amendments
(see s 3)
Part 1.1Bail Act 1992
[1.1]Schedule 1 heading
substitute
Schedule 1Offences to which presumption for bail does not apply
Explanatory note
This amendment corrects a minor typographical error.
[1.2]Schedule 1, part 1.5, table, item 2
omit
Explanatory note
This amendment omits a redundant cross‑reference. The Customs Act 1901 (Cwlth), section 233AC was omitted by the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 (Cwlth) as a consequence of the Commonwealth moving non-regulatory drug offences to division 307 of the Criminal Code Act 1995 (Cwlth). The Bail Act 1992, sch 1, pt 1.6 provides that the presumption for bail does not apply to the relevant offences against division 307 of the Criminal Code Act 1995 (Cwlth).
Part 1.2Crimes Act 1900
[1.3]Section 238 (12)
omit
Explanatory note
This amendment omits a redundant cross‑reference. The Children and Young People Act 1999 was repealed and replaced by the Children and Young People Act 2008. The Children and Young People Act 2008 does not have an equivalent provision to the Children and Young People Act 1999, section 84.
Part 1.3Crimes (Forensic Procedures) Act 2000
[1.4]Section 112 (2)
omit
or the Children and Young People Act 1999, section 84 (Identifying material)
Explanatory note
This amendment omits a redundant cross‑reference. The Children and Young People Act 1999, was repealed and replaced by the Children and Young People Act 2008. The Children and Young People Act 2008 does not have an equivalent provision to the Children and Young People Act 1999, section 84.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 2 November 2023.
Notification
Notified under the Legislation Act on 12 September 2024.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Sexual, Family and Personal Violence Legislation Amendment Bill 2024, which originated in the Legislative Assembly as the Sexual, Family and Personal Violence Legislation Amendment Bill 2023 and was passed by the Assembly on 28 August 2024.
Clerk of the Legislative Assembly
© Australian Capital Territory 2024
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