Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 1997 Week 3 Hansard (10 April) . . Page.. 842 ..

MR HUMPHRIES (continuing):

Further, this Bill revises the Domestic Violence Act as a consequence of the amendments to the Bail Act 1992. It is also consistent with amendments to the Magistrates Court Act 1930 that are contained within the current domestic violence package. Other than this, the Bill makes several technical amendments to ensure that terms relating to domestic violence are used consistently in related legislation. I commend the Bill to the Assembly.

Debate (on motion by Mr Wood) adjourned.

MR HUMPHRIES (Attorney-General) (10.57): Mr Speaker, I present the Magistrates Court (Amendment) Bill 1997, together with its explanatory memorandum.

Title read by Clerk.

MR HUMPHRIES: I move:

That this Bill be agreed to in principle.

This Bill makes three amendments to the Magistrates Court Act 1930. The first two amendments relate to restraining orders. Restraining orders under the Magistrates Court Act are similar to protection orders under the Domestic Violence Act 1986. Protection orders may be made to protect a spouse, de facto spouse, child of that spouse or de facto spouse, relative of or household member with a person who has engaged in harassing or offensive conduct. Restraining orders are not limited in that way. Any aggrieved person may apply for a restraining order.

Section 206D of the Magistrates Court Act is amended consistent with the amendment to the Domestic Violence Act contained within the present domestic violence package. It enables the court, when it makes a restraining order against a person who holds a firearms licence, to order the seizure of the licence and ammunition as well as any firearm. The Bill revises section 206D of the Magistrates Court Act to provide that, when a court makes an interim restraining order against a person who holds a firearms licence, that licence is suspended for the duration of the order unless the court otherwise orders. In addition to making the interim restraining order, new subsection 206D(4) enables a court to order the seizure and detention of any firearm, ammunition or licence in the possession of the respondent. These further powers are consistent with the policy initiatives adopted in the Firearms Act 1996 and reflect a more protective and precautionary approach which serves to ensure that a person, the respondent, cannot use a firearms licence during the period of a restraining order to obtain another firearm and cannot use ammunition in another firearm.

The third amendment flows from the private member's Bill to amend the Crimes Act to create the offence of stalking that was passed last year. One element of that Bill was to increase the maximum penalty for breach of a protection order under the Domestic Violence Act. It was realised at the time that, to be consistent, a similar

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .