Untitled document

Crimes (Family Violence) (Amendment) Act 1998

Act No. 20/1998

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Principal Act	2
4.	Costs	2
5.	Appeals	2
6.	New section 27 inserted	3

27. Transitional 3

7. Statute law revision 3

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NOTES 5

i

Victoria

No. 20 of 1998

Crimes (Family Violence) (Amendment)

Act 1998†

[Assented to 5 May 1998]

The Parliament of Victoria enacts as follows:

1. Purpose

The purpose of this Act is to amend the Crimes

(Family Violence) Act 1987—

(a) with respect to appeals and costs; and

(b) to make amendments of a statute law revision nature.

Crimes (Family Violence) (Amendment) Act 1998

Act No. 20/1998 s. 2

2. Commencement

(1) Section 1 and this section come into operation on

the day on which this Act receives the Royal

Assent.

(2) Section 7 is deemed to have come into operation

on 29 April 1997.

(3) Subject to sub-section (4), the remaining

provisions of this Act come into operation on a

day or days to be proclaimed.

(4) If a provision referred to in sub-section (3) does

not come into operation before 1 January 1999, it

comes into operation on that day.

3. Principal Act

In this Act, the Crimes (Family Violence) Act	No. 19/1987. Reprinted to
1987 is called the Principal Act.	No. 95/1994 and
subsequently amended by
Nos 66/1996 and 44/1997.

4. Costs

At the end of section 14A of the Principal Act
insert—

"(2) Despite sub-section (1), if the court is

satisfied in a particular case that the making
of any application under this Act was
vexatious, frivolous or in bad faith, the court

may award costs against the applicant.".

5. Appeals

(1) In section 20(1) of the Principal Act, after "order" (where secondly occurring) insert "or the making of, or refusal to make, an order under section 16

or any term of an order under section 16".

Crimes (Family Violence) (Amendment) Act 1998

s. 6 Act No. 20/1998

(2) In section 21 of the Principal Act, before sub-

section (1) insert—

'(1AA) In this section—

"complainant" includes an applicant for an

order under section 16;

"defendant" includes the respondent to an

application under section 16;

"order" includes an order under section 16.'.

(3) In section 21(6) of the Principal Act, for "If"

substitute "Except in the case of an appeal

against an order under section 16, if".

6. New section 27 inserted

In Part 4 of the Principal Act, after section 26
insert—
"27. Transitional

The amendments of this Act made by a provision of section 5 of the Crimes (Family Violence) (Amendment) Act 1998 apply to an order or an order under section 16 made, or a refusal to make any such order, after the commencement of that provision, irrespective of when the proceeding commenced.".

7. Statute law revision

(1) In section 8(1E) of the Principal Act, omit "in"

(where secondly occurring).

(2) In section 17 of the Principal Act—

(a) in sub-section (1)(e), for "Registrar of firearms appointed under section 50 of the Firearms Act 1958" substitute "Chief Commissioner of Police";

Crimes (Family Violence) (Amendment) Act 1998

Act No. 20/1998 s. 7

(b) in sub-section (1A)—

(i)  for "Registrar of firearms" substitute "Chief Commissioner of Police";

(ii) for "his or her records" substitute "the firearms register kept under section 113 of the Firearms Act 1996".

(3) In section 18A of the Principal Act, for

"Firearms Act 1958" (wherever occurring)

substitute "Firearms Act 1996".

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Crimes (Family Violence) (Amendment) Act 1998

Notes Act No. 20/1998

NOTES

†

Minister's second reading speech—

Legislative Assembly: 19 March 1998

Legislative Council: 21 April 1998

The long title for the Bill for this Act was "to amend the Crimes (Family
Violence) Act 1987 and for other purposes."