FAMILY VIOLENCE PROTECTION ACT 2008 - NOTES
FAMILY VIOLENCE PROTECTION ACT 2008 - NOTES
No. 52 of 2008
Version incorporating amendments as at
3 May 2023
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Version No. 061
Family Violence Protection Act 2008
No. 52 of 2008
Version incorporating amendments as at
3 May
2023
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 26 June 2008
Legislative Council: 21 August 2008
The long title for the Bill for this Act was "A Bill for an Act to make provision for a system of family violence intervention orders and other matters relating to the prevention of family violence, to repeal the Crimes (Family Violence) Act 1987 and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 26 June 2008
Legislative Council: 21 August 2008
Absolute majorities:
Legislative Assembly: 21 August 2008
Legislative Council: 12 September 2008
The Family Violence Protection Act 2008 was assented to on 23 September 2008 and came into operation as follows:
Sections 1, 3 and 224 on 24 September 2008: section 3(1); sections 2, 4–223, 233–272 on 8 December 2008: Special Gazette (No. 339) 4 December 2008 page 1; Part 15 (sections 225–232) never proclaimed, repealed by No. 83/2012 section 30.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other
material printed after the Endnotes does not form part of an Act.
See
section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Family Violence Protection Act 2008 by Acts and subordinate instruments.
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Family Violence Protection Act 2008, No. 52/2008
Assent Date: |
23.9.08 |
Commencement Date: |
S. 272 on 8.12.09: s. 272; s. 207C inserted on 25.4.20 by No. 11/2020 s. 36: s. 2 (as amended by No. 27/2020 s. 32) |
Note: |
S. 207C repealed Pt 12A (ss 207A–207C) on 26.4.21 |
Current State: |
This information relates only to the provision/s amending the Family Violence Protection Act 2008 |