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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
LEGISLATIVE COUNCIL
Restraining Orders Amendment Bill 1998
A Bill for
An Act to amend the Restraining Orders Act 1997.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Restraining Orders Amendment
5 Act 1998.
page 1
26 -- 1
Restraining Orders Amendment Bill 1998
s. 2
2. Commencement
This Act comes into operation on the day on which it receives
the Royal Assent.
3. The Act amended
5 The amendments in this Act are to the Restraining Orders
Act 1997*.
[* Act No. 19 of 1997.
For subsequent amendments see 1997 Index to Legislation of
Western Australia, Table 1, p. 199 and Acts Nos. 14 of 1997
10 and 10 of 1998.]
4. Section 3 amended
Section 3 is amended by inserting the following definitions in
their appropriate alphabetical positions --
"
15 "corresponding law", in relation to a foreign country,
means a law of the country that empowers a court
of the country to make orders (however described)
having an effect that is the same as or similar to
the effect of restraining orders made under this
20 Act;
"foreign restraining order" means an order (however
described) made by a court of a foreign country
under a corresponding law of the country;
"registered", in relation to a foreign restraining order,
25 means registered under section 79C;
".
page 2
Restraining Orders Amendment Bill 1998
s. 5
5. Section 77 amended
After section 77(1) the following subsection is inserted --
"
(1a) Without limiting subsection (1), for the purposes of
5 applying Part 5 to an interstate order --
(a) a reference to varying a final order is to be read
as a reference to making an order varying the
operation in this State of the interstate order;
and
10 (b) a reference to cancelling a final order is to be
read as a reference to making an order
cancelling the registration of the interstate
order.
".
15 6. Section 79 replaced
Section 79 is repealed and the following section is inserted
instead --
"
79. Variation or cancellation in this State
20 If an order is made under Part 5 varying the operation
in this State, or cancelling the registration, of an
interstate order, the clerk of the court that made the
order of variation or cancellation must --
(a) notify the applicant for registration of the
25 original order, unless the clerk knows that the
applicant is already aware of the variation or
cancellation;
page 3
Restraining Orders Amendment Bill 1998
s. 7
(b) notify the Commissioner of Police and give the
Commissioner a copy of the order of variation
or cancellation; and
(c) alter the registration accordingly.
5 ".
7. New Part inserted
After Part 7 the following Part is inserted --
"
Part 7A -- Foreign restraining orders
10 79A. Recognition of foreign restraining orders
A foreign restraining order that is in force under a
corresponding law of New Zealand or a prescribed
country may be registered and enforced under this Part.
79B. Applying for registration of foreign restraining
15 orders
(1) An application for registration of a foreign restraining
order may be made --
(a) by a person protected by the order;
(b) if the protected person is a child, by a parent or
20 guardian of the child on behalf of the child;
(c) if the protected person is under the
guardianship of a guardian (however described)
appointed under a law of the foreign country,
by the guardian on behalf of the protected
25 person; or
(d) by a police officer on behalf of the protected
person.
page 4
Restraining Orders Amendment Bill 1998
s. 7
(2) The application is to be made to a court of petty
sessions in the form prescribed for the purposes of
section 75(2).
(3) An application need not be served on the person who is
5 bound by the order.
79C. Registration of foreign restraining orders
(1) When a person applies for registration of a foreign
restraining order, the clerk of the court is to register the
order.
10 (2) The clerk must give notice of the registration --
(a) to the applicant; and
(b) where practicable, to the court that made the
order.
(3) The clerk must also give notice of the registration of
15 the order, and a copy of the order, to the Commissioner
of Police.
(4) The clerk is not to give notice of the registration to the
person who is bound by the order unless the applicant
has made a written request for notice to be given to the
20 person.
79D. Effect of registration
(1) A registered foreign restraining order operates in this
State, and this Act applies to it, as if it were a violence
restraining order that is a final order and that was
25 served in accordance with this Act on the day on which
it was registered.
page 5
Restraining Orders Amendment Bill 1998
s. 7
(2) Without limiting subsection (1), for the purposes of
applying Part 5 to a registered foreign restraining
order --
(a) a reference to varying a final order is to be read
5 as a reference to making an order varying the
operation in this State of the registered foreign
restraining order; and
(b) a reference to cancelling a final order is to be
read as a reference to making an order
10 cancelling the registration of the foreign
restraining order.
(3) The order operates as a final order even though an
appeal against it may be pending, or it may still be
subject to appeal, in the courts of the foreign country.
15 (4) In proceedings for a breach of the order, proof is not
required --
(a) that the order was made by the foreign court; or
(b) that the order was served on the person who is
bound by it.
20 (5) It is a defence to a charge of breaching the order for the
person who is bound by the order to satisfy the court
that --
(a) the order had been varied under the
corresponding law of the foreign country so
25 that the behaviour that is alleged to constitute
the breach did not amount to a breach of the
order as in force in the foreign country at the
material time; or
page 6
Restraining Orders Amendment Bill 1998
s. 7
(b) the order had been cancelled under the
corresponding law of the foreign country and
was not in force in that country at the material
time.
5 79E. Variation or cancellation in a foreign country
(1) If the clerk of the court that registered a foreign
restraining order has reasonable grounds for believing
that an order varying the restraining order is in force
under the corresponding law of the foreign country, the
10 clerk is to register the variation.
(2) The variation takes effect on the day on which it is
registered.
(3) If a registered foreign restraining order is cancelled by
a court of the foreign country, the registration of the
15 order is cancelled on the day on which the court of
registration becomes aware of the cancellation.
(4) If a variation of a registered foreign restraining order is
registered, or the order is cancelled, the clerk of the
court of registration must --
20 (a) notify the applicant for registration of the
original order, unless the clerk knows that the
applicant is already aware of the variation or
cancellation; and
(b) notify the Commissioner of Police and give the
25 Commissioner a copy of the order of variation
or cancellation if one is available.
page 7
Restraining Orders Amendment Bill 1998
s. 7
79F. Variation or cancellation in this State
If an order is made under Part 5 varying the operation
in this State, or cancelling the registration, of a
registered foreign restraining order, the clerk of the
5 court that made the order of variation or cancellation
must --
(a) notify the applicant for registration of the
original order, unless the clerk knows that the
applicant is already aware of the variation or
10 cancellation;
(b) notify the Commissioner of Police and give the
Commissioner a copy of the order of variation
or cancellation; and
(c) alter the registration accordingly.
15 ".
page 8
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