Page 70
Authorised by the Parliamentary Counsel
[s 52]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 3 Amendment of Evidence Act 1977
of the Domestic and Family Violence Protection
Act 2012, section 145.
52 Insertion of new pt 9, div 18
Part 9—
insert—
Division 18 Transitional provisions for
Domestic and Family
Violence Protection and
Other Legislation
Amendment Act 2025
178 Definitions for division
In this division—
amendment Act means the Domestic and Family
Violence Protection and Other Legislation
Amendment Act 2025.
former, in relation to a provision of this Act,
means the provision as in force from time to time
before the commencement of the transitional
provision in which the term is used.
new, in relation to a provision of this Act, means
the provision as in force from the commencement
of the transitional provision in which the term is
used.
transitional provision means a provision of this
division.
179 Recorded statements not completed before
commencement
(1) This section applies if—
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Authorised by the Parliamentary Counsel
[s 52]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 3 Amendment of Evidence Act 1977
(a) before the commencement, a complainant
started to make a recorded statement and the
complainant had consented to the making of
the recorded statement under former section
103F; but
(b) immediately before the commencement, the
making of the recorded statement had not
been completed.
(2) Former section 103E continues to apply to the
making of the recorded statement.
180 Recorded statements made under former s
103E
(1) This section applies to a recorded statement—
(a) made before the commencement under
former section 103E; or
(b) made after the commencement under former
section 103E, as applied by section 179.
(2) New part 6A applies to the recorded statement as
if a reference in new section 103H to section 103E
included a reference to former section 103E(3).
181 Application of former pt 6A, divs 1 and 2 to
particular existing domestic violence
proceedings
(1) This section applies if, immediately before the
commencement—
(a) former part 6A, divisions 1 and 2 applied in
relation to a domestic violence proceeding;
and
Note—
See also section 158.
(b) the domestic violence proceeding had not
been finalised.
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Page 72
Authorised by the Parliamentary Counsel
[s 52]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 3 Amendment of Evidence Act 1977
(2) Former part 6A, divisions 1 and 2 continues to
apply in relation to the domestic violence
proceeding as if the amendment Act had not been
enacted.
182 Application of new pt 6A, divs 1 and 2
(1) New part 6A, divisions 1 and 2 applies in relation
to a domestic violence proceeding only if an
originating step for the proceeding is taken on or
after the commencement.
(2) Subsection (1) applies even if—
(a) the act or omission constituting the domestic
violence offence that is the subject of the
domestic violence proceeding happened
before the commencement; or
(b) a recorded statement in relation to the
domestic violence offence mentioned in
paragraph (a) was made before the
commencement.
(3) In this section—
originating step, for a domestic violence
proceeding, means—
(a) the arrest of the defendant in the proceeding;
or
(b) the making of a complaint under the Justices
Act 1886, section 42 in relation to the
defendant in the proceeding; or
(c) the serving of a notice to appear on the
defendant in the proceeding under the Police
Powers and Responsibilities Act 2000,
section 382.
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Page 73
Authorised by the Parliamentary Counsel
[s 53]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 4 Amendment of Explosives Act 1999
Part 4 Amendment of Explosives Act
1999
53 Act amended
This part amends the Explosives Act 1999.
54 Amendment of s 12B (Criteria for deciding applications)
(1) Section 12B(2)(a)(ii), after ‘order’—
insert—
, police protection direction
(2) Section 12B(3)(a), after ‘order,’—
insert—
police protection direction,
55 Amendment of s 12G (Reports about criminal history and
other matters)
Section 12G(2)(b), after ‘order’—
insert—
, police protection direction
56 Amendment of s 12H (Commissioner must give notice of
particular matters)
(1) Section 12H(1)(b)(ii), after ‘order’—
insert—
, police protection direction
(2) Section 12H(3)(c), after ‘order,’—
insert—
police protection direction,
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Clause 3
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Clause 5
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Page 74
Authorised by the Parliamentary Counsel
[s 57]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 4 Amendment of Explosives Act 1999
57 Amendment of s 25B (Immediate cancellation if
protection order made)
(1) Section 25B, heading, after ‘if’—
insert—
police protection direction issued or
(2) Section 25B(1), after ‘in a’—
insert—
police protection direction or
(3) Section 25B(2)—
omit, insert—
(2) The authority or security clearance is cancelled—
(a) if the holder is named as the respondent in a
protection order and is present in court when
the order is made—when the order is made;
or
(b) otherwise—when the holder is served with
the direction or order.
58 Amendment of s 126AA (Effect of appeals against
domestic violence orders)
(1) Section 126AA, heading—
omit, insert—
126AA Effect of setting aside or revoking domestic
violence order or police protection direction
(2) Section 126AA—
insert—
(1A) This section also applies if—
(a) a person is named as the respondent in a
police protection direction; and
(b) the direction is—
Clause 1
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Clause 18
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Page 75
Authorised by the Parliamentary Counsel
[s 59]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 5 Amendment of Penalties and Sentences Act 1992
(i) revoked under the Domestic and
Family Violence Protection Act 2012,
section 100Y; or
(ii) set aside under section 100ZD of that
Act.
(3) Section 126AA(2), after ‘order’—
insert—
or police protection direction
(4) Section 126AA(3), after ‘set aside’—
insert—
or the police protection direction is revoked or set
aside
(5) Section 126AA(3), after ‘in the domestic violence order’—
insert—
or police protection direction
59 Amendment of sch 2 (Dictionary)
Schedule 2—
insert—
police protection direction means a police
protection direction under the Domestic and
Family Violence Protection Act 2012.
Part 5 Amendment of Penalties and
Sentences Act 1992
60 Act amended
This part amends the Penalties and Sentences Act 1992.
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Page 76
Authorised by the Parliamentary Counsel
[s 61]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 6 Amendment of Police Powers and Responsibilities Act 2000
61 Amendment of s 11 (Matters to be considered in
determining offender’s character)
(1) Section 11(3), definition domestic violence order, paragraph
(a)—
insert—
(ia) a police protection direction;
(2) Section 11(3), definition domestic violence order, paragraph
(a), subparagraphs (ia) to (v)—
renumber as subparagraphs (ii) to (vi).
Part 6 Amendment of Police Powers
and Responsibilities Act 2000
62 Act amended
This part amends the Police Powers and Responsibilities Act
2000.
63 Amendment of s 365 (Arrest without warrant)
Section 365(1)(j), after ‘177,’—
insert—
177A,
64 Amendment of s 604 (Dealing with persons affected by
potentially harmful things)
Section 604(2), example 3, after ‘order,’—
insert—
police protection direction,
Clause 1
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Clause 12
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Clause 15
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Clause 19
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Page 77
Authorised by the Parliamentary Counsel
[s 65]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 6 Amendment of Police Powers and Responsibilities Act 2000
65 Amendment of s 610 (Police actions after domestic
violence order, police protection notice or release
conditions are made)
(1) Section 610, heading, after ‘order,’—
insert—
police protection direction,
(2) Section 610(1), after ‘order,’—
insert—
police protection direction,
(3) Section 610(2), after ‘the order,’—
insert—
direction,
(4) Section 610(2)(a), after ‘order’—
insert—
, direction
(5) Section 610(2), note, after ‘order,’—
insert—
police protection direction,
(6) Section 610(3), example 1, after ‘order’—
insert—
, police protection direction
(7) Section 610(4)(a), after ‘order,’—
insert—
direction,
66 Amendment of s 715 (What is the appointed day for
disposal of weapons under s 714)
(1) Section 715(b), after ‘was made, a’—
insert—
Clause 1
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Clause 25
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Page 78
Authorised by the Parliamentary Counsel
[s 67]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 7 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
police protection direction or
(2) Section 715(b), after ‘is made, the’—
insert—
direction or
67 Amendment of sch 5A (Prescribed documents for service
by electronic communication)
Schedule 5A—
insert—
68 Amendment of sch 6 (Dictionary)
Schedule 6—
insert—
police protection direction see the Domestic and
Family Violence Protection Act 2012, schedule.
Part 7 Amendment of Residential
Tenancies and Rooming
Accommodation Act 2008
69 Act amended
This part amends the Residential Tenancies and Rooming
Accommodation Act 2008.
70 Amendment of s 245 (Injury to domestic associate)
Section 245(4)—
insert—
4A a police protection direction and a notice stating the
grounds for issuing the direction
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Page 79
Authorised by the Parliamentary Counsel
[s 71]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 8 Amendment of Weapons Act 1990
(d) whether a police protection direction against
the person’s domestic associate is in force or
has previously been in force;
(e) if a police protection direction is or was in
force—whether a condition was imposed
prohibiting the person’s domestic associate
from entering, or remaining, on the
premises.
71 Amendment of s 344 (Damage or injury)
Section 344(2)—
insert—
(d) whether a police protection direction against
the applicant’s domestic associate is in force
or has previously been in force;
(e) if a police protection direction is or was in
force—whether a condition was imposed
prohibiting the applicant’s domestic
associate from entering, or remaining, on
the premises.
72 Amendment of sch 2 (Dictionary)
Schedule 2—
insert—
police protection direction see the Domestic and
Family Violence Protection Act 2012, schedule.
Part 8 Amendment of Weapons Act
1990
73 Act amended
This part amends the Weapons Act 1990.
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Page 80
Authorised by the Parliamentary Counsel
[s 74]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 8 Amendment of Weapons Act 1990
74 Amendment of s 10B (Fit and proper person—licensees)
(1) Section 10B(1)(b), after ‘made,’—
insert—
a police protection direction or
(2) Section 10B(5)(b), after ‘person’—
insert—
or a police protection direction has been issued
against the person
75 Amendment of s 10C (Fit and proper person—licensed
dealer’s associate)
Section 10C(3)(b), after ‘person’—
insert—
or a police protection direction has been issued
against the person
76 Amendment of s 24 (Change in licensee’s circumstances)
Section 24(2)(a)(iv), after ‘is made’—
insert—
, or a police protection direction is issued,
77 Amendment of s 28A (Revocation or suspension of
licence and related matters after protection order is
made)
(1) Section 28A, heading, after ‘made’—
insert—
or police protection direction issued
(2) Section 28A(1) and (2), after ‘a protection order’—
insert—
or police protection direction
Clause 1
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Clause 19
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Page 81
Authorised by the Parliamentary Counsel
[s 78]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 8 Amendment of Weapons Act 1990
(3) Section 28A(2)(b), after ‘order’—
insert—
or the direction takes effect
(4) Section 28A(3)(b)—
omit, insert—
(b) if the respondent is present when a police
officer issues and explains the police
protection direction—when the police
officer issues the direction; or
(c) otherwise—when the respondent is given
the protection order or is personally served
with the direction.
(5) Section 28A(4)(b), after ‘order’—
insert—
or police protection direction
78 Amendment of s 29A (Action by court if respondent has
access to weapons through employment)
(1) Section 29A(1)(a), after ‘order,’—
insert—
police protection direction,
(2) Section 29A(2)(c) and (d), (3) and (4), after ‘the order,’—
insert—
direction,
79 Amendment of s 29B (Arrangements for surrender of
suspended or revoked licences and weapons)
(1) Section 29B(1), after ‘order,’—
insert—
police protection direction,
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Page 82
Authorised by the Parliamentary Counsel
[s 80]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 8 Amendment of Weapons Act 1990
(2) Section 29B(2)(a)(ii), after ‘explains the’—
insert—
direction or
(3) Section 29B(2)(b), after ‘the order’—
insert—
, direction
(4) Section 29B(3)(b)(i) and (c)(i), ‘or notice is issued’—
omit, insert—
, the direction takes effect or the notice is issued
(5) Section 29B(3)(b)(ii) and (c)(ii), after ‘the order,’—
insert—
direction,
(6) Section 29B(4), after ‘the order’—
insert—
, direction
(7) Section 29B(7), after ‘order,’—
insert—
police protection direction,
(8) Section 29B(8), definition otherwise surrender, paragraph
(a)(ii), after ‘order’—
insert—
or police protection direction
80 Amendment of s 34AA (Effect of an appeal against a
domestic violence order)
(1) Section 34AA, heading—
omit, insert—
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Page 83
Authorised by the Parliamentary Counsel
[s 81]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 8 Amendment of Weapons Act 1990
34AA Effect of discharging domestic violence
order or revoking or setting aside police
protection direction
(2) Section 34AA(2)—
omit, insert—
(2) This section also applies if—
(a) a person is named as the respondent in a
police protection direction; and
(b) the direction is—
(i) revoked under the Domestic and
Family Violence Protection Act 2012,
section 100Y; or
(ii) set aside under section 100ZD of that
Act.
(3) For this Act, the domestic violence order or police
protection direction is taken not to have been
made or issued.
81 Amendment of s 53 (An unlicensed person may use a
weapon at an approved range)
Section 53(8), definition excluded person, paragraph (e), after
‘protection order’—
insert—
, or a police protection direction
82 Amendment of sch 2 (Dictionary)
Schedule 2—
insert—
police protection direction means a police
protection direction under the Domestic and
Family Violence Protection Act 2012.
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Clause 18
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Clause 24
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Page 84
Authorised by the Parliamentary Counsel
[s 83]
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Part 9 Other amendments
Part 9 Other amendments
83 Legislation amended
Schedule 1 amends the legislation it mentions.
1
Clause 2
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Schedule 1
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Page 85
Authorised by the Parliamentary Counsel
Schedule 1 Other amendments
section 83
Child Protection Act 1999
1 Schedule 3, definition domestic violence history, after
‘made’—
insert—
, or police protection directions issued,
Corrective Services Act 2006
1 Section 322(1)(a), after ‘domestic violence order’—
insert—
, direction
2 Section 322—
insert—
(3) In this section—
domestic violence see the Domestic and Family
Violence Protection Act 2012, section 8.
domestic violence order, direction or notice
means an order, direction or notice included in a
person’s domestic violence history under the
Domestic and Family Violence Protection Act
2012.
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Schedule 1
Domestic and Family Violence Protection and Other Legislation Amendment Bill 2025
Page 86
Authorised by the Parliamentary Counsel
3 Schedule 4, definitions domestic violence and domestic
violence order or notice—
omit.
Criminal Code
1 Section 590AH(4), definition domestic violence history,
paragraph (a)(ii), after ‘a’—
insert—
police protection direction or
Disability Services Act 2006
1 Section 138D(1), after ‘made, or’—
insert—
a police protection direction or
2 Section 138D(4), after ‘order’—
insert—
, police protection direction
3 Schedule 8, definition domestic violence information,
after ‘made, or’—
insert—
police protection directions or
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