Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsAfter section 19 of the Principal Act the following sections are inserted in Part II:
“19A. Practice directions
Without limiting section 470 of the MC (CJ) Act, directions under that section with respect to procedures to be followed in proceedings under this Act may be directed at expediting the proceedings, in particular—
(a) by means of conferences or other informal procedures; and
(b) by taking measures to define and limit issues in the proceedings.
“19B. Limitation on powers of Registrar
The Registrar shall exercise the powers under section 481 of the MC (CJ) Act in relation to an application under this Act only with the authorisation of the Chief Magistrate.
“19C. Application not invalid only because made under wrong Act
“(1) This section applies where—
(a) a person applied in good faith for a protection order under this Part;
(b) the person was not entitled to apply for a protection order in respect of the alleged conduct of the respondent, but was entitled to apply for a restraining order under Part X of the Magistrates Court Act 1930 ; and
(c) proceedings have commenced on the basis of the application.
“(2) If the proceedings have not concluded at the time when it becomes apparent that this section applies, the Court shall direct either—
(a) that the proceedings be continued under this Part; or
(b) that the proceedings be continued under Part X of the Magistrates Court Act 1930 .
“(3) If the proceedings have concluded before it becomes apparent that this section applies, any order purportedly made under this Part is as valid as if the application and order had been made under Part X of the Magistrates Court Act 1930.
“(4) Where the Court makes a direction under paragraph (2) (a), the proceedings shall be continued as if the applicant were a person entitled to apply for an order against the respondent under this Part.
“(5) Where the Court makes a direction under paragraph (2) (b), the proceedings shall be continued as if the application had been made and proceedings commenced under Part X of the Magistrates Court Act 1930 .
“19D. Offence
“(1) A person who is subject to a protection order or an interim protection order and—
(a) was present at the time the order was made; or
(b) has been personally served with a copy of the order;
shall not contravene the order in any respect.
Penalty: 50 penalty units or imprisonment for a period not exceeding—
(a) in the case of a first offence—2 years;
(b) in any other case—5 years;
or both a fine and imprisonment.
“(2) This section applies in relation to the person's conduct whether within or outside the Territory.
“19E. Recovery of certain expenses
“(1) Where the Court is satisfied that—
(a) an application is frivolous, vexatious or has not been made in good faith; and
(b) a person other than the applicant has reasonably incurred expenses in relation to the proceeding in respect of the application;
the Court may order the applicant to pay to the other person an amount, not exceeding the expenses incurred, that it considers reasonable in the circumstances.
“(2) The amount specified in the order is a debt due to the person by the applicant.
“(3) This section shall not be taken to limit the power of the Court under the MC (CJ) Act to make an order for the payment of costs in proceedings under this Act.”.