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Queensland
DOMESTIC VIOLENCE
(FAMILY PROTECTION)
AMENDMENT BILL 1999
Queensland
DOMESTIC VIOLENCE (FAMILY
PROTECTION) AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 4 (Meaning of "court") . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
6 Amendment of s 5 (Meaning of "possession") . . . . . . . . . . . . . . . . . . . . . . . 9
7 Amendment of s 12 (Who is a "spouse"?) . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Insertion of new s 17A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
17A What happens if circumstances change after domestic
violence order is made? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Insertion of new s 23A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
23A Action by court if respondent spouse has access to
weapons through employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
10 Amendment of s 24 (Arrangements for surrender of revoked or
suspended licences etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Amendment of s 25 (Court may impose other conditions) . . . . . . . . . . . . . . 13
12 Insertion of new s 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
25A Orders under s 25 that include ouster condition . . . . . . . . . . . . . . . . 15
13 Amendment of s 30 (Power of court if spouse pleads or is found
guilty of related offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
14 Omission of ss 31 and 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
15 Replacement of s 36 (Revocation of orders) . . . . . . . . . . . . . . . . . . . . . . . . . 17
36 Revocation of orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
16 Amendment of s 38 (Conferral of jurisdiction) . . . . . . . . . . . . . . . . . . . . . . . 18
2
Domestic Violence (Family Protection)
Amendment
17 Replacement of pt 3, div 2 hdg (Registration of domestic
violence orders from other States and Territories) . . . . . . . . . . . . . . . . . . . . 18
Division 2--Powers of court and magistrates to make temporary
protection orders
39A Act of domestic violence necessary before particular
temporary protection orders made . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
39B Form of temporary protection orders . . . . . . . . . . . . . . . . . . . . . . . . . 19
39C Temporary protection order because of adjournment . . . . . . . . . . . . 19
39D Court may make temporary protection order without proof
of service in certain circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . 20
39E Temporary protection order when cross application made . . . . . . . . 20
39F Court may make temporary protection order when
considering variation of domestic violence order . . . . . . . . . . . . . . . 21
39G Temporary protection order for application under s 54 . . . . . . . . . . . 22
Division 3--Registration of interstate orders
18 Insertion of new pt 3, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Division 4--Relevant orders under Family Law Act 1975 (Cwlth)
and Family Court Act 1975 (WA)
46A Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
46B Disclosure of existence of relevant family protection order . . . . . . . 23
46C Court to consider relevant family contact order etc. . . . . . . . . . . . . . 23
19 Replacement of s 50 (Domestic violence orders to be explained) . . . . . . . 24
50 Court to ensure certain spouses understand domestic
violence orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
20 Amendment of s 51 (Application for revocation or variation) . . . . . . . . . . . 25
21 Amendment of s 54 (Applications by telephone, facsimile etc.) . . . . . . . . 25
22 Amendment of s 57 (Return date of temporary protection order) . . . . . . . . 26
23 Insertion of new pt 4, div 3 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
24 Amendment of s 58 (Service of court orders) . . . . . . . . . . . . . . . . . . . . . . . . 26
25 Amendment of s 60 (Police officer or authorised person may
represent aggrieved spouse) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26 Insertion of new s 62A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
62A Procedural provisions for tenancy application . . . . . . . . . . . . . . . . . . 27
27 Insertion of new s 64A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3
Domestic Violence (Family Protection)
Amendment
64A Commissioner has right to appear and be heard on appeal . . . . . . . 28
28 Amendment of s 69 (Presence at domestic violence incident) . . . . . . . . . . 28
29 Amendment of s 70 (Duty of police officer who has taken a
person into custody under s 69) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
30 Amendment of s 73 (Entry on and search of premises) . . . . . . . . . . . . . . . . 29
31 Amendment of s 75 (Entry of registers--availability for inspection) . . . . . 30
32 Amendment of s 80 (Breach of order or conditions) . . . . . . . . . . . . . . . . . . . 31
33 Amendment of s 82 (Restriction on publication of proceedings) . . . . . . . . 31
34 Replacement of ss 87 and 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
87 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
35 Insertion of new division heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
36 Insertion of new div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Division 2--Transitional provisions for Domestic Violence (Family
Protection) Amendment Act 1999'
96 Temporary protection orders to continue to have effect . . . . . . . . . . 32
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 34
MINOR OR CONSEQUENTIAL AMENDMENTS
1999
A BILL
FOR
An Act to amend the Domestic Violence (Family Protection) Act 1989
s1 6 s4
Domestic Violence (Family Protection)
Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Domestic Violence (Family Protection) 3
Amendment Act 1999. 4
5
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 6
amended 7
Act
Clause 3. This Act amends the Domestic Violence (Family Protection) Act 1989. 8
of s 3 (Interpretation) 9
Amendment
Clause 4.(1) Section 3, heading-- 10
omit, insert-- 11
`Definitions'. 12
(2) Section 3-- 13
insert-- 14
` "commissioner" means the commissioner of the police service. 15
"effective individual within the employing entity", in relation to a 16
respondent spouse, means any 1 of the following who is in a position 17
to ensure that the respondent spouse does not possess weapons as part 18
of the respondent spouse's employment-- 19
(a) the employer if the employer is an individual; 20
(b) another partner in a partnership in which the respondent spouse is 21
a partner; 22
(c) an individual within the entity that employs the respondent 23
spouse. 24
s4 7 s4
Domestic Violence (Family Protection)
Amendment
"employment", of a respondent spouse, includes-- 1
(a) self-employment; and 2
(b) employment by a partnership in which the respondent spouse is 3
one of the partners. 4
"licensed armourer" means a licensed armourer under the Weapons 5
Act 1990. 6
"licensed dealer" means a licensed dealer under the Weapons Act 1990. 7
"otherwise surrender", for a weapon, has the meaning given in section 8
24(7). 9
"ouster condition" means a condition of an order imposed under 10
section 25 that prohibits a respondent spouse from remaining at, 11
entering or attempting to enter, or approaching within a stated distance 12
of, stated premises. 13
"small claims tribunal" means a small claims tribunal under the Small 14
Claims Tribunal Act 1973. 15
"tenancy application" means-- 16
(a) an application made under the Residential Tenancies Act 1994, 17
section 150, 188 or 190, to a small claims tribunal; or1 18
(b) an application under section 62A(1). 19
"variation", of a domestic violence order, includes an extension of the 20
period for which the order has effect. 21
"whereabouts", of a person, means a place or locality where the person 22
lives, works, frequents or visits.'. 23
(3) Section 3, definition "approved form", `Minister'-- 24
omit, insert-- 25
`chief executive'. 26
(4) Section 3, definition "child", after `means'-- 27
1 Residential Tenancies Act 1994, sections 150 (Injury to spouse), 188 (Application
by tenant's spouse for termination for damage or injury) and 190 (Application for
interim order about damage or injury)
s5 8 s5
Domestic Violence (Family Protection)
Amendment
insert-- 1
`an individual under 18 years who is'. 2
(5) Section 3, definition "child", paragraph (b), `minor'-- 3
omit, insert-- 4
`child'. 5
(6) Section 3, definition "interstate order", `or a Territory'-- 6
omit, insert-- 7
`, a Territory or New Zealand'. 8
(7) Section 3, definition "interstate order", `or Territory'-- 9
omit, insert-- 10
`, Territory or New Zealand'. 11
of s 4 (Meaning of "court") 12
Amendment
Clause 5.(1) Section 4, heading-- 13
omit, insert-- 14
`References to court and when justices may exercise power'. 15
(2) Section 4(2), `, subsection (3)'-- 16
omit, insert-- 17
`subsections (3) and (6)'. 18
(3) Section 4-- 19
insert-- 20
`(5) Subsection (6) applies if an offender appears in relation to an offence 21
involving domestic violence at a place at which a Magistrates Court is being 22
held before 2 or more justices appointed under section 552C(3) of the 23
Criminal Code for the place and pleads guilty to the offence.2 24
`(6) The Magistrates Court, constituted by the justices exercising 25
2 Under section 552C(3) of the Criminal Code, `the Attorney-General may by
gazette notice appoint a justice for a place specified in the gazette notice'.
s6 9 s8
Domestic Violence (Family Protection)
Amendment
jurisdiction under section 552C(3) of the Criminal Code, may deal with an 1
application for a domestic violence order, or make a domestic violence order 2
on its own initiative, relating to the offence and for which the offender is the 3
respondent spouse.'. 4
of s 5 (Meaning of "possession") 5
Amendment
Clause 6. Section 5-- 6
insert-- 7
`(2) A respondent spouse does not possess a weapon if the respondent 8
spouse has otherwise surrendered the weapon to a licensed dealer or 9
licensed armourer under section 24.3'. 10
of s 12 (Who is a "spouse"?) 11
Amendment
Clause 7. Section 12(1), `a man and a woman'-- 12
omit, insert-- 13
`a male and a female'. 14
of new s 17A 15
Insertion
Clause 8. After section 17-- 16
insert-- 17
happens if circumstances change after domestic violence order 18
`What
is made? 19
`17A. If circumstances change after a domestic violence order is made, a 20
person may, under section 51, apply for a variation or revocation of the 21
order.4 22
23
Example of change of circumstances--
24
A temporary protection order is made because of an application by a police officer
25
under section 54. The aggrieved spouse's place of residence is stated in the order as
3 Section 24 (Arrangements for surrender of revoked or suspended licences etc.)
4 Section 51 (Application for revocation or variation)
s9 10 s9
Domestic Violence (Family Protection)
Amendment
1
premises that the respondent spouse is prohibited, by the order, from approaching
2
within a stated distance of. If the aggrieved spouse changes his or her place of
3
residence, a variation of the temporary protection order may be sought under section
4
51.'.
of new s 23A 5
Insertion
Clause 9. After section 23-- 6
insert-- 7
by court if respondent spouse has access to weapons through 8
`Action
employment 9
`23A.(1) In making a domestic violence order, the court must consider 10
whether the respondent spouse has access to a weapon as part of the 11
respondent spouse's employment. 12
`(2) If the court is satisfied the respondent spouse has access to a weapon 13
as part of the respondent spouse's employment, the court must-- 14
(a) consider the circumstances of the employment; and 15
(b) consider the respondent spouse's access to the weapon; and 16
(c) consider the employment arrangements and whether there is an 17
effective individual within the employing entity on whom to serve 18
the domestic violence order to ensure the respondent spouse does 19
not possess a weapon as part of the respondent spouse's 20
employment; and 21
(d) if there is an effective individual within the employing entity on 22
whom to serve the order--state in the domestic violence order 23
that it is to be served on the individual. 24
`(3) If the court states the order is to be served on an effective individual 25
within an employing entity, the clerk must arrange for service of the order 26
on the individual. 27
`(4) The effective individual may disclose information about the order to 28
another person within the employing entity to the extent necessary to ensure 29
the respondent spouse does not possess a weapon as part of the respondent 30
spouse's employment. 31
`(5) However, the effective individual must not disclose information 32
s 10 11 s 10
Domestic Violence (Family Protection)
Amendment
about the order to anyone else, other than as permitted under subsection (4) 1
or expressly permitted by a Magistrate under section 82.5 2
Maximum penalty for subsection (5)--40 penalty units or 1 year's 3
imprisonment.'. 4
of s 24 (Arrangements for surrender of revoked or 5
Amendment
suspended licences etc.) 6
Clause 10.(1) Section 24(1) and (2)-- 7
omit, insert-- 8
`24.(1) If the respondent spouse is present in court when the court makes 9
a domestic violence order and the respondent spouse has a weapons licence 10
or a weapon, the following applies to the respondent spouse-- 11
(a) the respondent spouse must-- 12
(i) for a respondent spouse who brought the licence to 13
court--immediately give the licence to a police officer; or 14
(ii) otherwise--immediately arrange with a police officer to give 15
the licence to a police officer no later than 1 day after the day 16
the court makes its order; 17
(b) the respondent spouse must immediately arrange with a police 18
officer to give to a police officer any weapon the respondent 19
spouse possesses, or to otherwise surrender the weapon, as soon 20
as practicable, but no later than 1 day after the day the court makes 21
its order. 22
`(2) Subject to subsection (3), if the respondent spouse is not present in 23
court when the court makes a domestic violence order, the respondent 24
spouse must as arranged with a police officer-- 25
(a) give any weapons licence of the respondent spouse to a police 26
officer as soon as practicable after the respondent spouse is given 27
a copy of the order, but no later than 1 day after the day the 28
spouse is given the copy; and 29
5 Section 82 (Restriction on publication of proceedings)
s 10 12 s 10
Domestic Violence (Family Protection)
Amendment
(b) give any weapon the respondent spouse possesses to a police 1
officer, or otherwise surrender the weapon, as soon as practicable 2
after the respondent spouse is given a copy of the order, but no 3
later than 1 day after the day the spouse is given the copy.'. 4
(2) Section 24(4)-- 5
omit, insert-- 6
`(3A) Also, a respondent spouse must immediately give the weapons 7
licence or any weapon in the spouse's possession to any police officer (the 8
"surrender officer") if-- 9
(a) a police officer made arrangements under subsections (1) or (2) 10
with the spouse about the weapons licence or any weapon in the 11
spouse's possession; and 12
(b) the surrender officer believes the spouse has not complied with 13
the arrangements; and 14
(c) the surrender officer asks the spouse to give the officer the 15
weapons licence or any weapon in the spouse's possession. 16
`(4) If the court considers that it is necessary or desirable to do so, the 17
court may do any 1 or more of the following-- 18
(a) alter the period under subsection (1) or (2) in which the 19
respondent spouse must give weapons to a police officer; 20
(b) specify that weapons are to be given to a police officer at a 21
specified police station or establishment; 22
(c) specify that weapons are to be given to a police officer and not 23
otherwise surrendered.'. 24
(3) Section 24-- 25
insert-- 26
`(6) If a weapon is given to a police officer under this section and the 27
respondent spouse wants to otherwise surrender it, the respondent spouse 28
may make arrangements with a police officer for the police officer, in 29
company with the respondent spouse, to take the weapon to a licensed 30
dealer or licensed armourer. 31
`(7) In this section-- 32
s 11 13 s 11
Domestic Violence (Family Protection)
Amendment
"approved receipt" means a receipt in a form that is an approved form 1
under the Weapons Act 1990, section 71(2)(b).6 2
"otherwise surrender", for a weapon, means the respondent spouse deals 3
with the weapon in the following way-- 4
(a) the respondent spouse consigns the weapon to a licensed dealer or 5
licensed armourer-- 6
(i) for sale; or 7
(ii) for storage for a period that does not end before the period of 8
the domestic violence order; 9
(b) the respondent spouse obtains a copy of the approved receipt for 10
the weapon's consignment from the licensed dealer or licensed 11
armourer and, if the weapon is consigned for storage, the receipt 12
states the respondent spouse acknowledges the cost of the storage 13
is the responsibility of the respondent spouse; 14
(c) the respondent spouse gives the copy of the receipt to a police 15
officer-- 16
(i) immediately; or 17
(ii) within the time allowed under this section for giving the 18
weapon to a police officer or, if under subsection (4) the 19
court alters the time, within the time stated in the court's 20
order altering the time.'. 21
of s 25 (Court may impose other conditions) 22
Amendment
Clause 11.(1) Section 25(3)-- 23
omit, insert-- 24
6 The Weapons Act 1990, section 71(2) provides as follows--
`(2) A licensed dealer or licensed armourer must, for each transaction for the
receipt, acquisition, sale or transfer of a weapon--
(a) enter immediately in the weapons register the particulars prescribed under
a regulation; and
(b) if the transaction involves a complete or substantially complete weapon
or a major component part of a firearm--within 14 days of the
transaction, notify an authorised officer in the approved form.'.
s 11 14 s 11
Domestic Violence (Family Protection)
Amendment
`(3) The conditions the court may impose on a respondent spouse 1
include, for example-- 2
(a) prohibiting stated behaviour of the respondent spouse that would 3
constitute an act of domestic violence against the aggrieved 4
spouse or an act of associated domestic violence against an 5
aggrieved person; and 6
(b) prohibiting the respondent spouse from doing all or any of the 7
following in relation to stated premises even though the 8
respondent spouse has a legal or equitable interest in the 9
premises-- 10
(i) remaining at the premises; 11
(ii) entering or attempting to enter the premises; 12
(iii) approaching within a stated distance of the premises; and 13
(c) prohibiting the respondent spouse from approaching, or 14
attempting to approach, the aggrieved spouse or an aggrieved 15
person, including stating in the order a distance within which an 16
approach is prohibited; and 17
(d) prohibiting the respondent spouse from contacting, attempting to 18
contact or asking someone else to contact the aggrieved spouse or 19
an aggrieved person, including, for example, if the aggrieved 20
spouse or aggrieved person has taken shelter at a refuge; and 21
(e) prohibiting the respondent spouse from locating, attempting to 22
locate or asking someone else to locate the aggrieved spouse or an 23
aggrieved person if the aggrieved spouse's or aggrieved person's 24
whereabouts are not known to the respondent spouse; and 25
(f) prohibiting stated conduct of the respondent spouse towards a 26
child of the aggrieved spouse, including prohibiting the 27
respondent spouse's presence at or in a place associated with the 28
child.'. 29
(2) Section 25(7)-- 30
omit, insert-- 31
`(7) A condition in an order that prohibits a respondent spouse from 32
asking someone else to contact or to locate an aggrieved spouse or an 33
s 12 15 s 12
Domestic Violence (Family Protection)
Amendment
aggrieved person does not prohibit the respondent spouse asking-- 1
(a) someone else who is a lawyer to contact the aggrieved spouse or 2
aggrieved person; or 3
(b) someone else, including a lawyer, to locate the aggrieved spouse 4
or aggrieved person for a purpose authorised by an Act.'. 5
of new s 25A 6
Insertion
Clause 12. After section 25-- 7
insert-- 8
under s 25 that include ouster condition 9
`Orders
`25A.(1) This section applies if a court makes an order under section 25 10
that includes an ouster condition. 11
`(2) The premises that may be stated in an ouster condition of the order 12
include-- 13
(a) premises where the aggrieved spouse and respondent spouse live 14
together or previously lived together; and 15
(b) premises where the aggrieved spouse or an aggrieved person 16
resides, works or frequents. 17
`(3) In imposing the ouster condition, the court must consider including 18
in the order another condition allowing the respondent spouse-- 19
(a) if the respondent spouse is no longer at the premises--to return to 20
the premises to recover stated property; or 21
(b) if the respondent spouse is at the premises--to remain at the 22
premises to remove stated property. 23
`(4) For another condition under subsection (3), the court must state in 24
the order-- 25
(a) if the respondent spouse is present in court when the order is 26
made-- 27
(i) the time at which, without breaching the order, the 28
respondent spouse may return to the premises and then must 29
leave the premises; or 30
s 13 16 s 13
Domestic Violence (Family Protection)
Amendment
(ii) for how long the respondent spouse may, without breaching 1
the order, continue to remain at the premises; or 2
(b) if the respondent spouse is not present in court when the order is 3
made-- 4
(i) the time at which, without breaching the order, the 5
respondent spouse may return to the premises and must 6
leave the premises based on the time of service of the order 7
on the spouse; or 8
(ii) for how long the respondent spouse may, without breaching 9
the order, remain at the premises based on the time of 10
service of the order on the spouse. 11
12
Example for paragraph (b)(i)--
13
The respondent spouse may, without breaching this order, return to the premises at
14
noon on the day after the day this order is served on the respondent spouse by a
15
police officer. If the respondent spouse chooses to return to the premises under the
16
order, the respondent spouse must leave the premises no later than 2 p.m. on the
17
same day.
`(5) Before the court makes an order that includes an ouster condition, or 18
another condition under subsection (3), the court must consider each of the 19
following-- 20
(a) the extent to which a matter mentioned in an order must be 21
subject to the supervision of a police officer; 22
(b) if a police officer is to supervise a matter, the need to include in 23
the order a condition that the respondent spouse must not 24
approach within a stated distance of the stated premises.'. 25
of s 30 (Power of court if spouse pleads or is found guilty 26
Amendment
of related offences) 27
Clause 13. Section 30(2)-- 28
omit, insert-- 29
`(2) If a domestic violence order is already in force, the court-- 30
(a) must consider the order and whether, in the circumstances, the 31
order needs to be varied, including, for example, by varying the 32
s 14 17 s 15
Domestic Violence (Family Protection)
Amendment
date the order ends; and 1
(b) may vary the order if the court considers the order needs to be 2
varied.'. 3
of ss 31 and 32 4
Omission
Clause 14. Sections 31 and 32-- 5
omit. 6
of s 36 (Revocation of orders) 7
Replacement
Clause 15. Section 36-- 8
omit, insert-- 9
of orders 10
`Revocation
`36.(1) A court may revoke a domestic violence order if an application 11
for revocation is made to the court under section 51.7 12
`(2) In considering the application, the court must have regard to-- 13
(a) any expressed wishes of the aggrieved spouse; and 14
(b) any current relationship between the aggrieved spouse and 15
respondent spouse; and 16
(c) whether any pressure has been applied, or threat has been made, 17
to the aggrieved spouse by the respondent spouse or someone 18
else for the respondent spouse; and 19
(d) any other relevant matter. 20
`(3) The court may only revoke the order if the court considers the safety 21
of the aggrieved spouse or an aggrieved person would not be compromised 22
by the revocation. 23
`(4) If the court refuses to revoke the order, the court may vary the order 24
in a way it considers does not compromise the safety of the aggrieved 25
spouse and an aggrieved person. 26
7 Section 51 (Application for revocation or variation)
s 16 18 s 17
Domestic Violence (Family Protection)
Amendment
`(5) A revocation or variation under this section takes effect on the day it 1
is made.'. 2
of s 38 (Conferral of jurisdiction) 3
Amendment
Clause 16. Section 38-- 4
insert-- 5
`(3) Subsection (4) applies if-- 6
(a) an application for a protection order, or variation of a protection 7
order, is made to a Magistrates Court; and 8
(b) an application is made under section 62A8 by the aggrieved 9
spouse or respondent spouse in relation to a tenancy application. 10
`(4) If the Magistrates Court considers it appropriate, it may exercise the 11
powers and make orders that a small claims tribunal may exercise or make 12
under-- 13
(a) the Small Claims Tribunal Act 1973 for a tenancy application; or 14
(b) the Residential Tenancies Act 1994 for a tenancy application. 15
`(5) An order of the Magistrates Court about the tenancy application is 16
taken to have been made under the Small Claims Tribunal Act 1973 for the 17
Residential Tenancies Act 1994.'. 18
of pt 3, div 2 hdg (Registration of domestic violence 19
Replacement
orders from other States and Territories) 20
Clause 17. Part 3, division 2, heading-- 21
omit, insert-- 22
8 Section 62A (Procedural provisions for tenancy applications)
s 17 19 s 17
Domestic Violence (Family Protection)
Amendment
2--Powers of court and magistrates to make temporary 1
`Division
protection orders 2
of domestic violence necessary before particular temporary 3
`Act
protection orders made 4
`39A.(1) A court may make a temporary protection order against a 5
respondent spouse under this division, other than section 39D,9 only if it 6
appears to the court, on application for a protection order, that an act of 7
domestic violence has been committed against the aggrieved spouse by the 8
respondent spouse. 9
`(2) A temporary protection order under this division need only be 10
supported by evidence the court considers sufficient and appropriate having 11
regard to the temporary nature of the order. 12
of temporary protection orders 13
`Form
`39B.(1) A court may make a temporary protection order against the 14
respondent spouse in the same terms as a protection order. 15
`(2) However, the temporary protection order must state the time and 16
place at which the order is returnable before the court. 17
`(3) A temporary protection order is a summons to the respondent 18
spouse directing the respondent spouse to appear at the time and place at 19
which the order is returnable. 20
protection order because of adjournment 21
`Temporary
`39C. A court may make a temporary protection order if the court 22
adjourns-- 23
(a) the hearing of an application for the protection order, whether the 24
9 Section 39D (Court may make temporary protection order without proof of
service in certain circumstances)
s 17 20 s 17
Domestic Violence (Family Protection)
Amendment
court is hearing the application under section 48 or 49; or10 1
(b) the matter of making a protection order on its own initiative as 2
mentioned in section 53(1)(b).11 3
may make temporary protection order without proof of service 4
`Court
in certain circumstances 5
`39D. A court may make a temporary protection order, or vary a 6
domestic violence order, if-- 7
(a) an application is made for a protection order or for a variation of a 8
domestic violence order; and 9
(b) the court does not begin to hear, or has decided not to begin to 10
hear, the application because the applicant has not satisfied the 11
court that the respondent spouse has been given a document 12
mentioned in section 49(1)(a), (b) or (c), whether or not the 13
respondent spouse is present in court; and 14
(c) it appears to the court-- 15
(i) the aggrieved spouse or an aggrieved person is in danger of 16
personal injury; or 17
(ii) property of the aggrieved spouse or an aggrieved person is in 18
danger of substantial damage. 19
protection order when cross application made 20
`Temporary
`39E.(1) This section applies if-- 21
(a) an application (the "original application") for a domestic 22
violence order has been made and is before the court; and 23
(b) the person named in the original application as the respondent 24
spouse applies for a domestic violence order (the "cross 25
application") and the aggrieved spouse named in the original 26
10 Sections 48 (Appearance of respondent spouse) and 49 (Non-appearance of
respondent spouse)
11 Section 53 (Procedure if respondent spouse found guilty etc. of related offence)
s 17 21 s 17
Domestic Violence (Family Protection)
Amendment
application is named in the cross application as the respondent 1
spouse; and 2
(c) the cross application is made orally, or is made in writing but not 3
served on the aggrieved spouse named in the original application 4
at least 1 business day before the day of the hearing of the original 5
application. 6
`(2) If the cross application is made as mentioned in subsection (1)(c), 7
the court must adjourn the hearing of the cross application and set a date by 8
which the written cross application is to be served on the aggrieved spouse 9
named in the original application, unless that aggrieved spouse consents to 10
the court hearing the cross application before hearing the original application 11
or together with the original application. 12
`(3) The court may make a temporary protection order in relation to the 13
cross application if-- 14
(a) the aggrieved spouse named in the original application does not 15
consent as mentioned in subsection (2); and 16
(b) at least 1 of the following persons is in danger of personal injury, 17
or the property of at least 1 of the following persons is in danger 18
of substantial damage-- 19
(i) the person for whose benefit the domestic violence order, 20
based on the cross application, is sought; 21
(ii) another person who is sought to be protected by the 22
domestic violence order based on the cross application. 23
may make temporary protection order when considering 24
`Court
variation of domestic violence order 25
`39F.(1) A court may make a temporary protection order if-- 26
(a) it is hearing variation proceedings about a protection order or 27
temporary protection order and adjourns the hearing; and 28
(b) it appears to the court the temporary protection order is necessary 29
to protect the aggrieved spouse or an aggrieved person pending its 30
decision in the variation proceedings. 31
`(2) In subsection (1)-- 32
s 18 22 s 18
Domestic Violence (Family Protection)
Amendment
"variation proceedings" means proceedings-- 1
(a) for an application for variation of a protection order or temporary 2
protection order; or 3
(b) for varying a protection order arising because the court is acting 4
on its own initiative under section 30 or when dealing with a 5
contravention of the order. 6
protection order for application under s 54 7
`Temporary
`39G.(1) A magistrate to whom application is made under section 5412 8
may make a temporary protection order against the respondent spouse if it 9
appears to the magistrate that because of distance, time or other 10
circumstance of the case, it is not practicable to apply to a court for a 11
protection order and for it to be heard and decided quickly. 12
`(2) The temporary protection order under subsection (1) may be in the 13
same terms as if the magistrate were then and there constituting a 14
Magistrates Court. 15
3--Registration of interstate orders'. 16
`Division
of new pt 3, div 4 17
Insertion
Clause 18. Part 3, after section 46-- 18
insert-- 19
4--Relevant orders under Family Law Act 1975 (Cwlth) and 20
`Division
Family Court Act 1997 (WA) 21
for div 4 22
`Definitions
`46A. In this division-- 23
"family contact order" means-- 24
(a) a Division 11 contact order within the meaning of the Family Law 25
12 Section 54 (Applications by telephone, facsimile etc.)
s 18 23 s 18
Domestic Violence (Family Protection)
Amendment
Act 1975 (Cwlth), part VII; or 1
(b) a Division 10 contact order within the meaning of the Family 2
Court Act 1997 (WA), section 174.13 3
"relevant family contact order" means a family contact order that relates 4
to access-- 5
(a) between the aggrieved spouse and an aggrieved person; or 6
(b) between the respondent spouse and either a child of the 7
respondent spouse or a child of the aggrieved spouse. 8
of existence of relevant family protection order 9
`Disclosure
`46B.(1) A person who applies to a court for a domestic violence order, 10
or for the revocation or variation of a domestic violence order, and is aware 11
of either of the following must inform the court about the order or 12
application-- 13
(a) a relevant family contact order; 14
(b) a pending application for a relevant family contact order. 15
`(2) However, the application is not invalid merely because the person 16
does not inform the court about the order or application. 17
to consider relevant family contact order etc. 18
`Court
`46C.(1) Before deciding about making, revoking or varying a domestic 19
violence order, the court must-- 20
(a) consider whether contact between the aggrieved spouse, or 21
between the respondent spouse, and any child of either of those 22
persons is relevant to making, revoking or varying the order; and 23
(b) have regard to any relevant family contact order, or pending 24
13 The Family Law Act 1975 (Cwlth), part VII is about children. A division 11
contact order is made under division 11 and the purpose of that division is to deal
with contact orders made under the division and orders made under certain State
and Territory laws about family violence. The Western Australian legislation is
similar to the Commonwealth Act.
s 19 24 s 19
Domestic Violence (Family Protection)
Amendment
application for a relevant family contact order, of which the court 1
has been informed. 2
`(2) However, a domestic violence order, or a revocation or variation of 3
an order, is not invalid merely because the court does not comply with 4
subsection (1).'. 5
of s 50 (Domestic violence orders to be explained) 6
Replacement
Clause 19. Section 50-- 7
omit, insert-- 8
to ensure certain spouses understand domestic violence orders 9
`Court
`50.(1) If a person is before a court that is about to make a domestic 10
violence order for which the person is the respondent spouse, the court must 11
ensure the respondent spouse understands the following-- 12
(a) the purpose, terms and effect of the proposed order, including, for 13
example, that the order may be enforceable in other States, 14
Territories and New Zealand without further notice to the 15
respondent spouse; 16
(b) what may follow if the respondent spouse does not comply with 17
the terms of the proposed order; 18
(c) that the respondent spouse may apply for revocation or variation 19
of the order. 20
`(2) If a person is before a court that is about to make a domestic violence 21
order for which the person is the aggrieved spouse, the court must ensure 22
the aggrieved spouse understands the following-- 23
(a) the purpose, terms and effect of the proposed order, including, for 24
example, that the order may be enforceable in other States, 25
Territories and New Zealand; 26
(b) that the aggrieved spouse may apply for revocation or variation of 27
the order. 28
`(3) The process that a court adopts to ensure a respondent spouse 29
understands the matters mentioned in subsection (1), or an aggrieved 30
spouse understands the matters mentioned in subsection (2), may include 31
s 20 25 s 21
Domestic Violence (Family Protection)
Amendment
using services of, or help from, other people to the extent the court 1
considers appropriate. 2
3
Examples of services or help the court may consider appropriate--
4
1. The court may arrange for the clerk or a public service employee at the court, to
5
explain the order to the spouse.
6
2. A local interpreter or the telephone interpreter service may be used to explain the
7
order to the spouse.
8
3. Explanatory notes prepared for respondent spouses, including non-English speakers,
9
may be given to the spouse.
10
4. The court may arrange with an Aboriginal local government, Torres Strait Islander
11
local government, community justice group or group of elders for someone to explain
12
the order to the spouse.
`(4) Failure to comply with this section does not affect the validity of the 13
domestic violence order.'. 14
of s 51 (Application for revocation or variation) 15
Amendment
Clause 20. Section 51-- 16
insert-- 17
`(4A) The clerk must cause service to be effected by a police officer on 18
the respondent spouse, as required under subsection (4)(a), if the 19
application-- 20
(a) is made by an aggrieved spouse or authorised person; and 21
(b) seeks a variation of the domestic violence order to extend the 22
protection given to the spouse or person, to extend the period or 23
scope of the order or to add a condition to the order.'. 24
of s 54 (Applications by telephone, facsimile etc.) 25
Amendment
Clause 21. Section 54(2) and (8)-- 26
omit. 27
s 22 26 s 25
Domestic Violence (Family Protection)
Amendment
of s 57 (Return date of temporary protection order) 1
Amendment
Clause 22. Section 57(1), after `protection order'-- 2
insert-- 3
`made because of an application under section 54'. 4
of new pt 4, div 3 hdg 5
Insertion
Clause 23. After section 57-- 6
insert-- 7
`Division 3--Other procedural provisions'. 8
of s 58 (Service of court orders) 9
Amendment
Clause 24. Section 58(2)(c)-- 10
omit, insert-- 11
`(c) cause a copy of the order to be given to the commissioner; and 12
(d) cause a copy of the order to be given to the employer of the 13
respondent spouse if an order is made under section 23A(2).14'. 14
of s 60 (Police officer or authorised person may represent 15
Amendment
aggrieved spouse) 16
Clause 25.(1) Section 60(1), `in any proceedings on an application'-- 17
omit, insert-- 18
`in a proceeding for any application'. 19
(2) Section 60(2), from `a' to `an'-- 20
omit, insert-- 21
`an authorised person has made an application under this Act to a court 22
and the court decides the'. 23
14 Section 23A (Action by court if respondent spouse has access to weapons
through employment)
s 26 27 s 26
Domestic Violence (Family Protection)
Amendment
of new s 62A 1
Insertion
Clause 26. Part 4, after section 62-- 2
insert-- 3
provisions for tenancy application 4
`Procedural
`62A.(1) If there is an application for a protection order (a "protection 5
application"), or an application relating to an existing protection order (also 6
a "protection application"), a person may make an application under the 7
Residential Tenancies Act 1994, section 150, 188 or 190, to the Magistrates 8
Court dealing with the protection application instead of a small claims 9
tribunal.15 10
`(2) Subsection (3) applies if an aggrieved spouse or respondent spouse 11
makes a tenancy application to a small claims tribunal and a protection 12
application has been made or is made under this Act to a Magistrates Court. 13
`(3) The court may, on application of either the aggrieved spouse or 14
respondent spouse and if the court considers it appropriate, order the 15
tenancy application be removed to the court despite the Small Claims 16
Tribunals Act 1973, section 17.16 17
`(4) If a tenancy application is dealt with by a Magistrates Court under 18
this section, the procedures applicable to the tenancy application are the 19
procedures under the Small Claims Tribunals Act 1973. 20
`(5) Subsection (4) is subject to the court giving directions, before, or at 21
any time during, the hearing of the tenancy application, about the way in 22
which the court may exercise the powers of a small claims tribunal for a 23
tenancy application or the service of documents for the tenancy application. 24
`(6) An applicant for any of the following must give written notice to the 25
lessor named in the tenancy application about the application and any 26
adjournment of it-- 27
(a) an application under the Residential Tenancies Act 1994, 28
section 150, 188 or 190 that, under subsection (1), is made to a 29
15 Residential Tenancies Act 1994, sections 150 (Injury to spouse), 188 (Application
by tenant's spouse for termination for damage or injury) and 190 (Application for
interim order about damage or injury)
16 Small Claims Tribunal Act 1993, section 17 (Exclusion of other jurisdictions)
s 27 28 s 28
Domestic Violence (Family Protection)
Amendment
Magistrates Court dealing with a protection application, instead of 1
a small claims tribunal; 2
(b) an application under subsection (3) to a Magistrates Court to order 3
a tenancy application to a small claims tribunal to be removed to 4
the court.'. 5
of new s 64A 6
Insertion
Clause 27. After section 64-- 7
insert-- 8
has right to appear and be heard on appeal 9
`Commissioner
`64A. The commissioner has a right to appear and be heard before the 10
District Court on an appeal to the court under this part.'. 11
of s 69 (Presence at domestic violence incident) 12
Amendment
Clause 28. Section 69(2)-- 13
omit, insert-- 14
`(2) The respondent spouse taken into custody may be held in custody 15
until the earliest of the following happens-- 16
(a) an application for a protection order in which the spouse is named 17
as the respondent spouse is heard and decided under 18
section 71(1); 19
(b) a temporary protection order is made under section 39G;17 20
(c) an application for a protection order is completed, and 21
arrangements are made with the watch-house manager, under 22
section 71(3). 23
`(3) If the watch-house manager reasonably believes it is necessary for 24
arrangements to be made to safeguard the aggrieved spouse but the 25
respondent spouse may no longer be held under subsection (2)-- 26
(a) the respondent spouse may continue to be held in custody until 27
17 Section 39G (Temporary protection order for application under s 54)
s 29 29 s 30
Domestic Violence (Family Protection)
Amendment
the arrangements are completed; and 1
(b) the watch-house manager must record the following in the 2
register kept under section 70-- 3
(i) the reasons for the belief; and 4
(ii) the time at which the respondent spouse could no longer be 5
held under subsection (2); and 6
(iii) the time at which arrangements to safeguard the aggrieved 7
spouse were completed; and 8
(iv) the time at which the respondent spouse was released from 9
custody. 10
`(4) A respondent spouse may not be held under subsection (2) or (3) for 11
more than 4 hours from when the respondent spouse is first taken into 12
custody under subsection (1).'. 13
of s 70 (Duty of police officer who has taken a person 14
Amendment
into custody under s 69) 15
Clause 29. Section 70(1)-- 16
omit, insert-- 17
`70.(1) If a person is taken into custody under section 69(1), the police 18
officer who took the person into custody must immediately take the person 19
to a watch-house. 20
`(1A) As soon as possible after the person is taken to the watch-house, 21
the watch-house manager must enter the person's particulars, as required 22
under a regulation, in the register kept by the watch-house manager for the 23
purpose. 24
`(1B) The police officer who took the person to the watch-house is 25
responsible for confirming the particulars the watch-house manager has 26
entered in the register.'. 27
of s 73 (Entry on and search of premises) 28
Amendment
Clause 30.(1) Section 73-- 29
s 31 30 s 31
Domestic Violence (Family Protection)
Amendment
insert-- 1
`(8) If a police officer (the "first officer") can not comply with 2
subsection (7), another police officer may act for the first officer and include 3
the particulars in the register. 4
`(9) However, if the other police officer includes the particulars in the 5
register because the first officer can not do so-- 6
(a) for operational reasons--the other officer must also enter in the 7
register the reasons for the first officer's inability and the first 8
officer must confirm the entries as soon as is practicable; or 9
(b) for medical reasons--the other officer must also enter in the 10
register the reasons for the first officer's inability and, if possible, 11
the first officer must confirm the entries as soon as practicable.'. 12
of s 75 (Entry of registers--availability for inspection) 13
Amendment
Clause 31.(1) Section 75(1), `a police officer' to `or 73(7))'-- 14
omit, insert-- 15
`there is a failure to enter the particulars required by section 70(1A), or 16
section 73(7) or (9)'. 17
(2) Section 75(1)(a), `to comply with section 70(1)'-- 18
omit, insert-- 19
`to enter particulars under section 70(1A)'. 20
(3) Section 75(1)(b), `to comply with section 73(7)'-- 21
omit, insert-- 22
`to enter particulars under section 73(7) or (9)'. 23
(4) Section 75(2), `70(1)'-- 24
omit, insert-- 25
`70(1A)'. 26
s 32 31 s 33
Domestic Violence (Family Protection)
Amendment
of s 80 (Breach of order or conditions) 1
Amendment
Clause 32.(1) Section 80(1) to (3)-- 2
omit, insert-- 3
`80.(1) A respondent spouse must not contravene a protection order, 4
temporary protection order or any other order made under this Act, 5
including a condition imposed by the order, if-- 6
(a) the respondent spouse was present in court when the order was 7
made; or 8
(b) the respondent spouse was served with a copy of the order; or 9
(c) a police officer told the respondent spouse about the existence of 10
the order. 11
Maximum penalty--40 penalty units or 1 year's imprisonment. 12
`(2) However, a court may not find a respondent spouse contravened an 13
order merely because a police officer told the respondent spouse about the 14
existence of the order, unless the court is satisfied the police officer told the 15
respondent spouse about the condition that it is alleged the respondent 16
spouse contravened. 17
`(3) It is not a defence in proceedings for an offence involving an 18
interstate order that a person did not know the interstate order-- 19
(a) could be registered in Queensland; or 20
(b) was registered in Queensland.'. 21
(2) Section 80(4), `person'-- 22
omit, insert-- 23
`respondent spouse'. 24
of s 82 (Restriction on publication of proceedings) 25
Amendment
Clause 33. Section 82(1), penalty-- 26
omit, insert-- 27
`Maximum penalty--40 penalty units or 1 year's imprisonment.'. 28
s 34 32 s 36
Domestic Violence (Family Protection)
Amendment
of ss 87 and 88 1
Replacement
Clause 34. Sections 87 and 88-- 2
omit, insert-- 3
forms 4
`Approved
`87.(1) The chief executive may approve forms for this Act. 5
`(2) The clerk of each court is to ensure approved forms are available 6
when asked for by a person.'. 7
of new division heading 8
Insertion
Clause 35. Part 8, before section 90-- 9
insert-- 10
`Division 1--Transitional provisions for Domestic Violence (Family 11
Protection) Amendment Act 1992'. 12
of new div 2 13
Insertion
Clause 36. After section 95-- 14
insert-- 15
`Division 2--Transitional provisions for Domestic Violence (Family 16
Protection) Amendment Act 1999'. 17
protection orders to continue to have effect 18
`Temporary
`96.(1) This section applies to a temporary protection order made under 19
section 31 or 32 before the commencement of this section that is in force 20
immediately before the commencement. 21
`(2) Subject to subsection (3), the temporary protection order is taken to 22
be made under part 3, division 2.18 23
18 Part 3, division 2 (Powers of court and magistrates to make temporary protection
orders)
s 36 33 s 36
Domestic Violence (Family Protection)
Amendment
`(3) Any express conditions of the temporary protection order continue to 1
have effect.'. 2
34
Domestic Violence (Family Protection)
Amendment
SCHEDULE 1
¡
INOR OR CONSEQUENTIAL AMENDMENTS 2
M
section 3 3
1. Section 8(b), from `corporate' 4
omit, insert-- 5
`under the Weapons Act 1990, section 10(3).'. 6
2. Section 10(1), `assist'-- 7
omit insert-- 8
`help'. 9
3. Section 13(3), `section 31'-- 10
omit, insert-- 11
`part 3, division 219'. 12
4. Section 16(4), from `State'-- 13
omit, insert-- 14
`State, a Territory or New Zealand to protect himself or herself, the order 15
may be registrable in Queensland under part 3, division 3.20'. 16
19 Part 3, division 2 (Powers of court and magistrates to make temporary protection
orders)
20 Part 3, division 3 (Registration of interstate orders)
35
Domestic Violence (Family Protection)
Amendment
SCHEDULE (continued)
5. Section 23(5), from `corporate'-- 1
omit, insert-- 2
`under the Weapons Act 1990, section 10(3).'. 3
6. Section 23(6), `section 1.5 of'-- 4
omit, insert-- 5
`section 2 of'. 6
7. Section 23(6)(a), `1.5(1)(a) to (c) or (i)'-- 7
omit, insert-- 8
`2(1)(a) to (c) or (k)'. 9
8. Section 23(6)(b), `1.5(1)(f), (h) or (j)'-- 10
omit, insert-- 11
`2(1)(h) or (l)'. 12
9. Section 37, heading, `Commissioner of Police'-- 13
omit, insert-- 14
`Commissioner'. 15
10. Section 37, `Commissioner of Police has'-- 16
omit, insert-- 17
`commissioner has'. 18
36
Domestic Violence (Family Protection)
Amendment
SCHEDULE (continued)
11. Section 43(1), `Commissioner of Police'-- 1
omit, insert-- 2
`commissioner'. 3
12. Section 44(2)-- 4
omit. 5
13. Section 46, heading, `interstate spouse etc.'-- 6
omit, insert-- 7
`person against whom interstate order was made'. 8
14. Section 46(5)-- 9
omit. 10
15. Section 51(4)(b), `Commissioner of Police'-- 11
omit, insert-- 12
`commissioner'. 13
16. Section 52, `Commissioner of Police'-- 14
omit, insert-- 15
`commissioner'. 16
37
Domestic Violence (Family Protection)
Amendment
SCHEDULE (continued)
17. Section 53(1)(b), from `exercise'-- 1
omit, insert-- 2
`make a temporary protection order under section 39C(b).21'. 3
18. Section 55(a)(v), `Commissioner of Police'-- 4
omit, insert-- 5
`commissioner'. 6
19. Section 64(1)(c), `Commissioner of Police'-- 7
omit, insert-- 8
`commissioner'. 9
20. Section 71(1), `promptly'-- 10
omit, insert-- 11
`prepare an application for a protection order in which the person is 12
named as the respondent spouse and immediately'. 13
21. Section 71(2)(a), from `promptly' to `order'-- 14
omit, insert-- 15
`before a court under subsection (1)'. 16
22. Section 71(3)(d) and (4), `keeper'-- 17
omit, insert-- 18
`manager'. 19
21 Section 39C (Temporary protection order because of adjournment)
38
Domestic Violence (Family Protection)
Amendment
SCHEDULE (continued)
23. Section 74(2) and (3)(b), `promptly'-- 1
omit, insert-- 2
`as soon as practicable'. 3
24. Section 76(1), `seized under'-- 4
omit. 5
25. Section 76(1)(a)-- 6
omit, insert-- 7
`(a) given to, or seized by, a police officer under this Act; or'. 8
26. Section 76(1)(b), before `the Weapons Act 1990'-- 9
insert-- 10
`seized under'. 11
27. Section 76(2), `Section 6.1 of the Weapons Act 1990'-- 12
omit, insert-- 13
`The Weapons Act 1990, section 154,'. 14
28. Section 76(3) and (4)-- 15
omit. 16
39
Domestic Violence (Family Protection)
Amendment
SCHEDULE (continued)
29. Section 90, `Part'-- 1
omit, insert-- 2
`division'. 3
© State of Queensland 1999
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