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Domestic and Family Violence Protection Act 2012
sec.80Court must consider matters relating to weapons
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### sec.80 Court must consider matters relating to weapons
This section applies if—
the respondent is present in court; or
a police officer is the applicant for a domestic violence order, or otherwise appears in the proceeding before the court.
Before making a domestic violence order, the court must ask about—
whether the respondent has a weapons licence; and
whether the respondent possesses a weapon; and
whether the respondent has access to a weapon as part of the respondent’s employment; and
whether the respondent has access to a weapon because the respondent is a person mentioned in the Weapons Act , section 2 ; and
if paragraph (c) or (d) apply—
the respondent’s employer, including the employer’s name and address; and
the employment or other arrangements relating to the respondent having access to a weapon.
After asking about the matters mentioned in subsection (2) , the court may include 1 or more of the following in the domestic violence order to the extent the court considers reasonable—
information about any weapons licence of the respondent;
information about any weapon the respondent possesses;
information about any weapon to which the respondent has access because of the respondent’s employment;
information about any weapon to which the respondent has access because the respondent is a person mentioned in the Weapons Act , section 2 ;
a statement that when the domestic violence order is served on the respondent the Weapons Act applies to the respondent under section 83 , despite the Weapons Act , section 2 .
Subsection (3) does not limit section 84 or 85 .
In this section—
employment , of a respondent, includes employment by a partnership in which the respondent is a partner.
(sec.80-ssec.1) This section applies if— the respondent is present in court; or a police officer is the applicant for a domestic violence order, or otherwise appears in the proceeding before the court.
(sec.80-ssec.2) Before making a domestic violence order, the court must ask about— whether the respondent has a weapons licence; and whether the respondent possesses a weapon; and whether the respondent has access to a weapon as part of the respondent’s employment; and whether the respondent has access to a weapon because the respondent is a person mentioned in the Weapons Act , section 2 ; and if paragraph (c) or (d) apply— the respondent’s employer, including the employer’s name and address; and the employment or other arrangements relating to the respondent having access to a weapon.
(sec.80-ssec.3) After asking about the matters mentioned in subsection (2) , the court may include 1 or more of the following in the domestic violence order to the extent the court considers reasonable— information about any weapons licence of the respondent; information about any weapon the respondent possesses; information about any weapon to which the respondent has access because of the respondent’s employment; information about any weapon to which the respondent has access because the respondent is a person mentioned in the Weapons Act , section 2 ; a statement that when the domestic violence order is served on the respondent the Weapons Act applies to the respondent under section 83 , despite the Weapons Act , section 2 .
(sec.80-ssec.4) Subsection (3) does not limit section 84 or 85 .
(sec.80-ssec.5) In this section— employment , of a respondent, includes employment by a partnership in which the respondent is a partner.
- (a) the respondent is present in court; or
- (b) a police officer is the applicant for a domestic violence order, or otherwise appears in the proceeding before the court.
- (a) whether the respondent has a weapons licence; and
- (b) whether the respondent possesses a weapon; and
- (c) whether the respondent has access to a weapon as part of the respondent’s employment; and
- (d) whether the respondent has access to a weapon because the respondent is a person mentioned in the Weapons Act , section 2 ; and
- (e) if paragraph (c) or (d) apply— (i) the respondent’s employer, including the employer’s name and address; and (ii) the employment or other arrangements relating to the respondent having access to a weapon.
- (i) the respondent’s employer, including the employer’s name and address; and
- (ii) the employment or other arrangements relating to the respondent having access to a weapon.
- (i) the respondent’s employer, including the employer’s name and address; and
- (ii) the employment or other arrangements relating to the respondent having access to a weapon.
- (a) information about any weapons licence of the respondent;
- (b) information about any weapon the respondent possesses;
- (c) information about any weapon to which the respondent has access because of the respondent’s employment;
- (d) information about any weapon to which the respondent has access because the respondent is a person mentioned in the Weapons Act , section 2 ;
- (e) a statement that when the domestic violence order is served on the respondent the Weapons Act applies to the respondent under section 83 , despite the Weapons Act , section 2 .