Australian Capital Territory Numbered Acts

DOMESTIC VIOLENCE AND PROTECTION ORDERS ACT 2008 (NO. 46 OF 2008) - SECT 84

    (1)     This section applies if—

        (a)     the Magistrates Court intends to make a non-emergency protection order; and

        (b)     the respondent is before the court.

    (2)     On making the protection order (other than a consent order), the Magistrates Court must explain to the respondent, in language likely to be readily understood by the respondent—

        (a)     the purpose, terms and effect of the order; and

Note     Explaining the effect of the order includes explaining, if relevant, that any firearms licence of the respondent will automatically be cancelled or suspended under this Act.

        (b)     the consequences that may follow if the respondent fails to comply with the order; and

        (c)     how the order may be amended or revoked; and

        (d)     that, if a State, another Territory or New Zealand has legislation that corresponds to this Act, the order may be registered, and enforced, in the State, Territory or New Zealand without notice of registration being given to the respondent.

Note       Pt 12 deals with the registration of protection orders from other jurisdictions in the ACT.

    (3)     Before making a consent order, the Magistrates Court must explain to the respondent, in language likely to be readily understood by the respondent, the matters mentioned in subsection (2) (a) to (d).

    (4)     A failure of the Magistrates Court to comply with this section in relation to a protection order does not affect the validity of the order.