35Prohibitions and restrictions
imposed by apprehended violence orders
(1)
When making an apprehended violence order, a
court may impose such prohibitions or restrictions on the behaviour of the
defendant as appear necessary or desirable to the court and, in particular, to
ensure the safety and protection of the person in need of protection and any
children from domestic or personal violence.
(2)
Without limiting the generality of subsection
(1), an apprehended violence order made by a court may impose any or all of
the following prohibitions or restrictions:
(a)
prohibiting or restricting approaches by the
defendant to the protected person,
(b)
prohibiting or restricting access by the
defendant to any or all of the following:
(i)
to any premises occupied by the protected person
from time to time or to any specified premises occupied by the protected
person,
(ii)
to any place where the protected person works
from time to time or to any specified place of work of the protected
person,
(iii)
to any specified premises or place frequented by
the protected person,
whether or not the defendant has a legal or equitable
interest in the premises or place,
(c)
prohibiting or restricting the defendant from
approaching the protected person, or any such premises or place, within 12
hours of consuming intoxicating liquor or illicit drugs,
(d)
prohibiting or restricting the possession of all
or any specified firearms or prohibited weapons (within the meaning of the
Weapons Prohibition Act 1998) by the
defendant,
(e)
prohibiting the defendant from destroying or
deliberately damaging or interfering with the protected person’s
property,
(f)
prohibiting or restricting specified behaviour by
the defendant that might affect the protected
person.
(3)
A provisional order made by an authorised officer
may impose any or all of the prohibitions or restrictions specified in
subsection (2) (a)–(e) if the authorised officer is satisfied that there
are reasonable grounds for the order doing so and the defendant is not a
child.
(4)
(5)
A reference in this section to a court includes a
reference to a Registrar.
Note—
Section 23 of the Firearms Act
1996 provides for the automatic suspension of a licence
under that Act on the making of an interim apprehended violence order against
the licence holder and section 24 of that Act provides for the automatic
revocation of a licence on the making of a final apprehended violence order
against the licence holder. Section 17 of the Weapons
Prohibition Act 1998 provides for the automatic suspension
of a permit under that Act on the making of an interim apprehended violence
order against the permit holder and section 18 of that Act provides for the
automatic revocation of a permit on the making of a final apprehended violence
order against the permit holder. On the suspension or revocation of such
licences or permits, the relevant firearms or weapons must be surrendered to
the police and may be seized by the police.
s 35: Am 2008 No 119,
Sch 1 [3]–[5].
37Ancillary property recovery
orders may be made
(1)
A court or an authorised officer may, when making
an apprehended domestic violence order or an interim apprehended domestic
violence order, make an ancillary property recovery order if:
(a)
the protected person has left personal property
at premises which the defendant occupies, or
(b)
the defendant has left personal property at
premises which the protected person occupies.
(1A)
A property recovery order may be made under
subsection (1):
(a)
on the motion of the court or authorised officer
making the relevant apprehended domestic violence order or interim apprehended
domestic violence order, or
(b)
on the application of a police officer, the
protected person or the defendant.
(2)
A property recovery order may do any or all of
the following:
(a)
direct the person who occupies the premises
concerned to allow access to the premises to the person who has left the
personal property at the premises (and any police officer or person who is
authorised by the order to accompany the person) to enable the removal of the
property,
(b)
provide that the access to the premises concerned
is to be at a time or times arranged between the occupier of the premises and
a police officer (whether or not the order requires the person recovering the
property to be accompanied by a police officer),
(c)
require the person who has left the personal
property at the premises to be accompanied by a police officer when removing
the property from the premises,
(d)
provide that the person who has left the personal
property at the premises may be accompanied by any other specified
person,
(e)
specify the type or types of property to which
the order relates.
(3)
A property recovery order does not authorise
entry to any premises by means of force.
(4)
A property recovery order does not confer any
right on a person to take property that the person does not own or have a
legal right to possess even if the type of property is specified in the
order.
(5)
A property recovery order in respect of personal
property left by the defendant on premises may not be made in the absence of
the defendant.
(6)
A person must not, without reasonable excuse,
contravene a property recovery order or obstruct a person who is attempting to
comply with a property recovery order.
Maximum penalty: 50 penalty
units.
(7)
The onus of proof of reasonable excuse in
proceedings for an offence against subsection (6) lies on the person accused
of the offence.
s 37: Am 2008 No 119,
Sch 1 [6].