Page 1394 - Week 04 - Thursday, 30 March 2017

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Schedule of amendments

Schedule 1

Family and Personal Violence Legislation Amendment Bill 2017

Amendments moved by Mrs Kikkert

1

Clause 39

Proposed new section 83 (5) and note

Page 25, line 5—

omit proposed new section 83 (5), substitute

(5) If the parties consent to the application to amend the protection order, the Magistrates Court—

(a) may amend the order regardless of whether or not—

(i) the grounds mentioned in subsection (1) (b), (c) and (d) have been made out; or

(ii) the court has considered those grounds; but

(b) must not amend the order if it can be reasonably foreseen that the amended order will place the protected person or a child of the protected person at risk of harm from the respondent to the order.

2

Clause 96

Proposed new section 77 (5) and note

Page 51, line 19—

omit proposed new section 77 (5), substitute

(5) If the parties consent to the application to amend the protection order, the Magistrates Court—

(a) may amend the order regardless of whether or not—

(i) the grounds mentioned in subsection (1) (b), (c) and (d) have been made out; or

(ii) the court has considered those grounds; but

(b) must not amend the order if it can be reasonably foreseen that the amended order will place the protected person or a child of the protected person at risk of harm from the respondent to the order.

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