Victorian Consolidated Legislation

STALKING INTERVENTION ORDERS ACT 2008

No. 68 of 2008
Version as at 8 December 2008

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   4.      Meaning of stalking
   5.      Act not to apply to certain conduct
   6.      Jurisdiction of the Children's Court

   PART 2-INTERVENTION ORDERS

   7.      Final orders
   8.      Restrictions and prohibitions that may be included in an intervention order
   9.      Cancellation or suspension of firearms authority
   10.     Duration of order
   11.     Applications for intervention orders
   12.     Police applicants and police prosecutors
   13.     Court may make interim orders
   14.     Applications for intervention orders made by telephone or fax

   PART 3-PROCEDURES RELATING TO INTERVENTION ORDERS

           Division 1-Procedures relating to applications for intervention orders

   15.     Warrant may issue on certain applications
   16.     Application on oath if warrant to issue
   17.     Service of application for intervention order
   18.     Procedure in absence of the respondent
   19.     Procedure in third party applications
   20.     Rules of evidence not to apply in certain cases
   21.     Restriction on evidence by and presence of children
   22.     Consent orders
   23.     Explanation of orders
   24.     Concurrent criminal proceedings

           Division 2-Variation, revocation or extension of orders

   25.     Variation, revocation or extension of orders
   26.     Who may apply
   27.     Service of application for variation, revocation or extension
   28.     Variation, revocation or extension of order registered interstate

           Division 3-Service of intervention orders

   29.     Service of intervention orders

           Division 4-Appeals

   30.     Appeal by respondent
   31.     Appeal by applicant

           Division 5-Contravention of order

   32.     Contravention of an order
   33.     Arrest for contravention of an order

   PART 4-SEARCH OF PREMISES AND SEIZURE OF FIREARMS

   34.     Entry and search of premises
   35.     Surrender of firearms
   36.     Search without warrant
   37.     Warrants to search premises and vehicles
   38.     Announcement before entry
   39.     Copy of the warrant to be given to occupier
   40.     Seizure of firearms
   41.     Effect of seizure of firearms if final order made
   42.     Effect of seizure of firearm if no final order made

   PART 5-REGISTRATION OF INTERSTATE AND NEW ZEALAND ORDERS

           Division 1-Interstate orders

   43.     Registration of corresponding interstate orders
   44.     Effect of registration
   45.     Variation, revocation or extension of corresponding interstate order

           Division 2-New Zealand orders

   46.     Registration of corresponding New Zealand orders
   47.     Effect of registration

   PART 6-MISCELLANEOUS

   48.     Bail on appearance to summons or on arrest
   49.     Restriction on reports of proceedings involving children
   50.     Costs
   51.     Intervention order prevails over order under Children, Youth and Families Act 2005.
   52.     Supreme Court-limitation of jurisdiction
   53.     Rules of court and practice directions for Magistrates' Court
   54.     Rules of court and practice directions for Children's Court
   55.     Regulations

   PART 7-TRANSITIONAL PROVISIONS

   56.     Definitions
   57.     References to repealed Act
   58.     Intervention orders
   59.     Interim orders
   60.     Complaints and applications
   61.     Proceedings
   62.     Interstate and New Zealand orders

   PART 8-CONSEQUENTIAL AMENDMENTS

           Division 1-Amendment to the Bail Act 1977.

   63.     Entitlement to bail

           Division 2-Amendments to the Children, Youth and Families
           Act 2005.

   64.     Definition of child
   65.     Jurisdiction of the Family Division
   66.     Jurisdiction of the Neighbourhood Justice Division

           Division 3-Amendments to the Corrections Act 1986.

   67.     Home detention
   68.     Contents of home detention assessment report

           Division 4-Amendments to the Crimes Act 1958.

   69.     Stalking

           Division 5-Amendments to the Firearms Act 1996.

   70.     Definition
   71.     Immediate cancellation of a licence
   72.     Suspension of licence-certain prohibited persons
   73.     Power of Chief Commissioner to cancel licence under this Part
   74.     Surrender of firearms and licence document
   75.     Application to be deemed not to be prohibited person
   76.     New section 214 inserted
           Intervention Act 2008.

           Division 6-Amendment to the Health Records Act 2001.

   77.     Definition

           Division 7-Amendments to the Magistrates' Court Act 1989.

   78.     Definition
   79.     Koori Court Division
   80.     Neighbourhood Justice Division

           Division 8-Amendment to the Police Regulation Act 1958.

   81.     Reportable offences

           Division 9-Amendments to the Sentencing Act 1991.

   82.     Home detention
   83.     Contents of home detention assessment report
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details