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PARLIAMENT OF VICTORIA
Crimes (Family Violence) (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause 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
NOTES 5
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532039B.I1-17/3/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Crimes (Family Violence) Act 1987 and for other
purposes.
Crimes (Family Violence) (Amendment)
Act 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
5 (b) to make amendments of a statute law
revision nature.
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Crimes (Family Violence) (Amendment) Act 1998
s. 2
Act No.
2. Commencement
(1) Section 1 and this section come into operation on
the day on which this Act receives the Royal
Assent.
5 (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.
10 (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
No. 19/1987. In this Act, the Crimes (Family Violence) Act
Reprinted to
15 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
20 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
25 (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".
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Crimes (Family Violence) (Amendment) Act 1998
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Act No.
(2) In section 21 of the Principal Act, before sub-
section (1) insert--
'(1AA) In this section--
"complainant" includes an applicant for an
5 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"
10 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--
15 "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
20 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
25 (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
30 Firearms Act 1958" substitute "Chief
Commissioner of Police";
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Crimes (Family Violence) (Amendment) Act 1998
s. 7
Act No.
(b) in sub-section (1A)--
(i) for "Registrar of firearms" substitute
"Chief Commissioner of Police";
(ii) for "his or her records" substitute "the
5 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".
10
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Crimes (Family Violence) (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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532039B.I1-17/3/98
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