Australian Capital Territory Numbered Acts Australian Capital Territory Numbered ActsSections 4, 5 and 6 of the Principal Act are repealed and the following sections substituted:
“4. Protection orders
(1) Where the Court is satisfied, on the balance of probabilities, that a person has engaged in conduct that constitutes domestic violence, it may make an order against the person in accordance with this Part (in this Act called a ‘protection order') that restrains the respondent from engaging in conduct that constitutes domestic violence.
“(2) A protection order may also include 1 or more of the conditions specified in section 9.
“(3) A protection order applies to the respondent's conduct both within and outside the Territory.
“(4) The Court may make an order in accordance with this Part varying or revoking a protection order.
“4A. Nature of domestic violence
“(1) For the purposes of this Act, a person's conduct constitutes domestic violence if it—
(a) causes physical injury to a relevant person;
(b) causes damage to the property of a relevant person;
(c) is directed at a relevant person and constitutes an offence against—
(i) section 19D (breach of an order under this Act);
(ii) a provision of the Crimes Act specified in Schedule 1A; or
(iii) section 129 of the Motor Traffic Act 1936 ;
(d) constitutes a threat, made to a relevant person, to do anything in relation to that or another relevant person that would fall under paragraph (a), (b) or (c); or
(e) is harassing or offensive towards a relevant person.
“(2) In subsection (1), a reference to conduct that constitutes an offence includes a reference to conduct, wherever engaged in, that would constitute the offence if it were engaged in within the Territory.
“5. Applications for orders
“(1) The Court may make a protection order on application by—
(a) an aggrieved person;
(b) where the alleged behaviour involves a child—
(i) a person with whom the child normally resides;
(ii) a parent or guardian of the child;
(iii) the Community Advocate; or
(iv) the child;
(c) where the aggrieved person is a person under a disability within the meaning of the MC (CJ) Act—the Community Advocate; or
(d) a police officer.
“(2) An application to vary or revoke a protection order may be made by a person—
(a) who was a party in the proceedings in which the order was made, or in proceedings in which the order was previously varied; or
(b) whom the Court is satisfied would have been entitled, if no earlier order had been made, to make an application now for a protection order against the respondent.
“(3) The Court shall not proceed with an application made by the Community Advocate unless it is satisfied that the Community Advocate is an appropriate person to make the application in the circumstances.
“(4) An application for a protection order, or for a variation or revocation of a protection order, shall, subject to this Part, be made in accordance with Part III of the MC (CJ) Act.
“(5) This section does not affect any right that a person would have, apart from this section, to make an application on behalf of an aggrieved person or a child referred to in paragraph (1) (b).
“6. Date for return of application before the Court
“(1) Unless subsection (2) applies, the Registrar shall fix a date for the return before the Court of an application for—
(a) a protection order; or
(b) the variation or revocation of a protection order;
that is not more than 2 days after the application is filed.
“(2) Where—
(a) the application is not for an ex parte order;
(b) the applicant requests a later date; and
(c) the Registrar is satisfied that the later date is necessary to give reasonable time for service of the application on the respondent;
the Registrar may fix a later date for the return of the application, being a date not more than 21 days after the date on which the application is filed.”.