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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Crimes (Family Violence) (Amendment) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--AMENDMENT OF CRIMES (FAMILY VIOLENCE)
ACT 1987 3
3. New section 14 substituted 3
14. Consent orders 3
4. New section 25AB inserted 3
25AB. Validation of certain orders 3
5. Supreme Court--limitation of jurisdiction 4
ENDNOTES 5
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PARLIAMENT OF VICTORIA
(Crimes (Stalking and Family Violence) Bill--Part B)
(Bill as divided, and considered in Committee)
A BILL
to amend the Crimes (Family Violence) Act 1987 with respect to
consent orders and for other purposes.
Crimes (Family Violence) (Amendment)
Act 2003
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Crimes
(Family Violence) Act 1987--
5 (a) to ensure that intervention orders can be
made by consent; and
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Crimes (Family Violence) (Amendment) Act 2003
Act No.
Part 1--Preliminary
s. 2
(b) to validate certain orders made by consent
before the commencement of this Act.
2. Commencement
This Act comes into operation on the day after the
5 day on which it receives the Royal Assent.
__________________
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Crimes (Family Violence) (Amendment) Act 2003
Act No.
Part 2--Amendment of Crimes (Family Violence) Act 1987
s. 3
PART 2--AMENDMENT OF CRIMES (FAMILY VIOLENCE)
ACT 1987
3. New section 14 substituted
See: For section 14 of the Crimes (Family Violence)
Act No.
5 Act 1987 substitute--
19/1987.
Reprint No. 4
"14. Consent orders
as at
16 September
(1) The court may make an intervention order--
1999 and
amending
Act Nos (a) without being satisfied as to any matter
36/2000 and
referred to in section 4(1) of this Act or
27/2001.
10 LawToday: section 21A(5) of the Crimes Act
www.dms.
1958; and
dpc.vic.
gov.au
(b) whether or not the defendant admits to
any or all of the particulars of the
complaint--
15 if the parties to the proceeding consent to the
making of the order.
(2) Before making an intervention order with the
consent of the parties to the proceeding, the
court may conduct a hearing in relation to
20 the particulars of the complaint if it is of the
opinion that the interests of justice require it
to do so.".
4. New section 25AB inserted
After section 25A of the Crimes (Family
25 Violence) Act 1987 insert--
"25AB. Validation of certain orders
(1) An order made under this Act before the
commencement of the Crimes (Family
Violence) (Amendment) Act 2003 with the
30 consent of all the parties to the proceeding is
not, and must be taken never to have been,
invalid only because it was made without the
court being satisfied as to any matter referred
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Crimes (Family Violence) (Amendment) Act 2003
Act No.
Part 2--Amendment of Crimes (Family Violence) Act 1987
s. 5
to in section 4(1) of this Act or section
21A(5) of the Crimes Act 1958.
(2) Nothing in this section affects the rights of
the parties--
5 (a) in the proceeding known as Stephens v
Melis and The Magistrates Court at
Moe (No. 8432 of 2001) in the Supreme
Court; or
(b) in any proceeding for breach of an
10 intervention order that was dismissed
before the commencement of the
Crimes (Family Violence)
(Amendment) Act 2003 on the ground
that the order was invalid because it
15 was made without the court being
satisfied as to any matter referred to in
section 4(1) of this Act or section
21A(5) of the Crimes Act 1958.".
5. Supreme Court--limitation of jurisdiction
20 In section 25B of the Crimes (Family Violence)
Act 1987, at the end of the section insert--
"(2) It is the intention of section 25AB(1) to alter
or vary section 85 of the Constitution Act
1975.".
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Crimes (Family Violence) (Amendment) Act 2003
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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