Family violence safety notices amendments Chapter 3
Family Violence Act 2016 Part 3.1
Family violence safety notices amendments Division 3.1.1
Section 46
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 43
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Division 2A.7 Effects of family violence safety1
notices2
13ZC Offence—contravene family violence safety notice3
(1) A person commits an offence if the person—4
(a) is a respondent for a family violence safety notice; and5
(b) has been served with the family violence safety notice; and6
(c) engages in conduct that contravenes a condition in the family7
violence safety notice.8
Maximum penalty: 200 penalty units, imprisonment for 2 years or9
both.10
Note In deciding the sentence to be imposed on a person under this section, the11
Magistrates Court must consider the matters under the Crimes12
(Sentencing) Act 2005, s 33 (Sentencing—relevant considerations).13
(2) Subsection (1) does not apply if—14
(a) the conduct contravening the notice was necessary on15
reasonable grounds to avoid breaching a condition of the16
person’s bail; and17
(b) the bail condition was, under the Bail Act 1992, section 26B18
expressed to prevail over a condition in the family violence19
safety notice.20
Note The defendant has an evidential burden in relation to the matters21
mentioned in s (2) (see Criminal Code, s 58).22
(3) A person does not commit an offence under the Criminal Code,23
section 45 (Complicity and common purpose) if the person—24
(a) is a protected person under the family violence safety notice; and25
(b) aids, abets, counsels, procures, or is knowingly concerned in or26
a party to, the commission of conduct that contravenes the27
family violence safety notice.28
Chapter 3 Family violence safety notices amendments
Part 3.1 Family Violence Act 2016
Division 3.1.1 Family violence safety notices amendments
Section 47
page 44 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
13ZD Firearms licence suspended if family violence safety1
notice issued2
If a family violence safety notice is in force against a respondent who3
is the holder of a firearms licence—4
(a) the respondent’s firearms licence is suspended until the family5
violence safety notice ends; and6
(b) a police officer may seize—7
(i) the firearms licence; and8
(ii) any firearm or ammunition in the respondent’s possession.9
13ZE Family violence safety notice continues in force when10
protected person becomes adult11
(1) This section applies if—12
(a) a family violence safety notice is in force; and13
(b) a protected person is a child when the family violence safety14
notice is issued.15
(2) The family violence safety notice continues in force in accordance16
with the terms of the notice and this Act when the protected person17
becomes an adult.18
47 After-hours orders19
Part 720
omit21
Family violence safety notices amendments Chapter 3
Family Violence Act 2016 Part 3.1
Family violence safety notices amendments Division 3.1.1
Section 48
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 45
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
48 New part 251
insert2
Part 25 Transitional—Family, Personal3
and Sexual Violence Legislation4
Amendment Act 20255
231 Meaning of commencement day—pt 256
In this part:7
commencement day means the day the Family, Personal and Sexual8
Violence Legislation Amendment Act 2025, section 46 (New part 2A)9
commences.10
232 After-hours orders11
(1) This section applies if—12
(a) immediately before the commencement day, an after-hours13
order is in force against a person; and14
(b) the order would end on or after the commencement day.15
(2) The order continues in force until it is revoked or expires.16
(3) This Act, as in force immediately before the commencement day,17
continues to apply in relation to the order until the order is revoked18
or expires.19
(4) In this section:20
after‑hours order—see this Act, dictionary, as in force immediately21
before the commencement day.22
Chapter 3 Family violence safety notices amendments
Part 3.1 Family Violence Act 2016
Division 3.1.1 Family violence safety notices amendments
Section 48
page 46 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
233 Protection orders1
(1) This section applies if—2
(a) immediately before the commencement day, a protection order3
is in force against a person; and4
(b) the order would end on or after the commencement day.5
(2) The order is, on the commencement day, taken to be a family violence6
order made under this Act.7
(3) In this section:8
protection order—see this Act, dictionary, as in force immediately9
before the commencement day.10
234 Expiry—pt 2511
This part expires 1 year after the day it commences.12
Note A transitional provision is repealed on its expiry but continues to have13
effect after its repeal (see Legislation Act, s 88).14
Family violence safety notices amendments Chapter 3
Family Violence Act 2016 Part 3.1
Consequential amendments Division 3.1.2
Section 49
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 47
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Division 3.1.2 Consequential amendments1
49 How objects are to be achieved2
New section 7 (aa)3
before paragraph (a), insert4
(aa) giving the police power to issue family violence safety notices5
to protect people from family violence; and6
50 Section 7 (b)7
substitute8
(b) creating offences to enforce family violence safety notices and9
family violence orders; and10
51 Matters to be considered—family violence orders11
Section 14 (1) (g) and (h)12
substitute13
(g) any of the following, in force at any time against the respondent:14
(i) a family violence safety notice;15
(ii) a family violence order;16
(iii) a protection order under the Personal Violence Act 2016;17
(iv) a family violence related order;18
(h) any contravention of any of the following, in force at any time19
against the respondent:20
(i) a family violence safety notice;21
(ii) a family violence order;22
(iii) a protection order under the Personal Violence Act 2016;23
(iv) a family violence related order;24
Chapter 3 Family violence safety notices amendments
Part 3.1 Family Violence Act 2016
Division 3.1.2 Consequential amendments
Section 52
page 48 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
52 Section 14 (3)1
omit2
in relation to3
substitute4
in deciding whether to make5
53 Section 14 (4)6
substitute7
(4) In this section:8
family violence related order includes the following:9
(a) an after-hours order under this Act as in force at any time;10
(b) a protection order under this Act as in force at any time;11
(c) a protection order under the Domestic Violence Agencies12
Act 1986 as in force at any time;13
(d) a protection order under the Domestic Violence and Protection14
Orders Act 2001 as in force at any time;15
(e) a protection order under the Domestic Violence and Protection16
Orders Act 2008 as in force at any time;17
(f) a restraining order under the Magistrates Court Act 1930 before18
27 March 2002;19
(g) an order under a law of a State, another Territory or New20
Zealand that has or had the same effect, or substantially the same21
effect, as—22
(i) a family violence order under this Act; or23
(ii) a protection order under the Personal Violence Act 2016.24
Family violence safety notices amendments Chapter 3
Family Violence Act 2016 Part 3.1
Consequential amendments Division 3.1.2
Section 54
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 49
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
54 Family Law Act order1
Section 15 (1), note 12
omit3
55 Who may apply for protection orders?4
Section 16 (1), note 15
omit6
56 What if application is made for the wrong order?7
Section 18 (1) (a)8
omit9
protection order under this Act10
substitute11
family violence order12
57 Section 18 (1) (b) (ii)13
omit14
an order15
substitute16
a protection order17
58 What if application for the wrong order is decided?18
Section 19 (1), example19
omit20
Chapter 3 Family violence safety notices amendments
Part 3.1 Family Violence Act 2016
Division 3.1.2 Consequential amendments
Section 59
page 50 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
59 Sections 27 and 381
omit2
having regard to3
substitute4
taking into account5
60 Offence—contravention of family violence order6
Section 43 (1) (b) note7
substitute8
Note Service requirements for a family violence order are in s 70C.9
61 Section 44 heading10
substitute11
44 Firearms licence automatically suspended or cancelled12
62 Section 44 (1) and note13
substitute14
(1) If an interim order is made against a respondent who is the holder of15
a firearms licence, the respondent’s firearms licence is suspended16
until the interim order ends.17
Note For the application of this section to consent orders, see s 33 (4).18
63 Giving evidence by affidavit for interim order19
Section 62A (2) (b), except note20
substitute21
(b) sworn or affirmed before a senior police officer.22
Family violence safety notices amendments Chapter 3
Family Violence Act 2016 Part 3.1
Consequential amendments Division 3.1.2
Section 64
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 51
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
64 Service of protection orders1
Section 70C (1), note 12
omit3
65 Affidavit of service of documents by police4
Section 70G5
omit6
another police officer of, or above, the rank of sergeant7
substitute8
a senior police officer9
66 Representation—party with impaired decision-making10
ability11
Section 76 (3), except note12
substitute13
(3) Nothing in this section prevents a court or judicial officer from14
making an interim order against a respondent with impaired15
decision-making ability if the court is satisfied of the matters16
mentioned in section 21 (Interim orders—grounds for making).17
67 Definitions—pt 918
Section 115, definition of family violence order19
omit20
68 Section 115, definition of FVO21
omit22
(or family violence order)23
Chapter 3 Family violence safety notices amendments
Part 3.1 Family Violence Act 2016
Division 3.1.2 Consequential amendments
Section 69
page 52 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
69 Section 115, definition of interim FVO, paragraph (a) and1
note2
substitute3
(a) a family violence safety notice;4
70 Section 115, definition of local FVO, paragraph (a)5
substitute6
(a) means—7
(i) a family violence safety notice under this Act; or8
(ii) a family violence order under this Act; but9
71 Certificate evidence—notification10
Section 139 (5), definition of authorised officer, paragraph11
(b) (ii)12
substitute13
(ii) a senior police officer for the ACT.14
72 Division 9.6 heading15
substitute16
Division 9.6 Application of pt 9—existing FVOs17
73 Dictionary, definition of after-hours order18
omit19
Family violence safety notices amendments Chapter 3
Family Violence Act 2016 Part 3.1
Consequential amendments Division 3.1.2
Section 74
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 53
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
74 Dictionary, definition of amend1
substitute2
amend—3
(a) for a family violence order—includes amend the order by—4
(i) adding further conditions, prohibitions or restrictions to5
the order or amending or removing conditions,6
prohibitions or restrictions; or7
(ii) extending or reducing the period for which the order8
remains in force; and9
(b) for a family violence safety notice, for part 2A (Family violence10
safety notices)—see section 13W.11
75 Dictionary, new definition of applicant police officer12
insert13
applicant police officer, for part 2A (Family violence safety14
notices)—see section 13D (1).15
76 Dictionary, definition of business hours16
omit17
77 Dictionary, definition of commencement day18
omit19
protection orders20
substitute21
FVOs22
Chapter 3 Family violence safety notices amendments
Part 3.1 Family Violence Act 2016
Division 3.1.2 Consequential amendments
Section 78
page 54 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
78 Dictionary, definition of family violence order1
substitute2
family violence order—3
(a) means—4
(i) an interim order; or5
(ii) a final order; and6
(b) includes—7
(i) an order about the seizure of a firearms licence, firearm or8
ammunition; and9
(ii) an order amending a family violence order, including an10
order for a provisional amendment under section 82B or a11
temporary amendment under section 84.12
79 Dictionary, new definition of family violence safety notice13
insert14
family violence safety notice—see section 13B.15
80 Dictionary, definition of final order16
substitute17
final order—18
(a) means a family violence order that is not an interim order; and19
(b) includes an order amending a final order.20
81 Dictionary, new definition of issuing police officer21
insert22
issuing police officer, for part 2A (Family violence safety notices)—23
see section 13H (1).24
Family violence safety notices amendments Chapter 3
Family Violence Act 2016 Part 3.1
Consequential amendments Division 3.1.2
Section 82
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 55
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
82 Dictionary, definition of proceeding1
substitute2
proceeding—3
(a) for a family violence order, means—4
(i) a proceeding for a family violence order; or5
Note As a family violence order includes an order amending a6
family violence order (see def family violence order), a7
proceeding for a family violence order includes a8
proceeding to amend the order.9
(ii) a proceeding to review a family violence order under10
part 6 (Review of orders); or11
(iii) for part 8 (Court-initiated actions)—the family violence12
proceeding to the extent that the proceeding relates to the13
exercise of jurisdiction under this Act; and14
(b) for a family violence safety notice—means a proceeding for15
amendment or revocation of a family violence safety notice.16
83 Dictionary, definition of protected person17
substitute18
protected person means a person protected under—19
(a) a family violence order; or20
(b) a family violence safety notice.21
84 Dictionary, definition of protection order22
omit23
Chapter 3 Family violence safety notices amendments
Part 3.1 Family Violence Act 2016
Division 3.1.2 Consequential amendments
Section 85
page 56 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
85 Dictionary, definition of respondent1
substitute2
respondent means—3
(a) for part 2A (Family violence safety notices)—see section 13B;4
or5
(b) for part 8 (Court-initiated actions)—the defendant in the family6
violence proceeding; or7
(c) in any other case—8
(i) a person in relation to whom an application for a family9
violence order has been made; or10
(ii) a person against whom a family violence order has been11
made.12
86 Dictionary, new definition of senior police officer13
insert14
senior police officer means a police officer of, or above, the rank of15
sergeant.16
87 Further amendments, mentions of protection order17
omit18
protection order19
substitute20
family violence order21
in22
• sections 16 to 1723
• section 19 (1) (a) and (d)24
• section 3325
Family violence safety notices amendments Chapter 3
Family Violence Act 2016 Part 3.1
Consequential amendments Division 3.1.2
Section 87
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 57
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
• section 391
• division 4.1 heading2
• sections 46 to 493
• sections 51 to 60C4
• sections 61 to 62A5
• sections 66 to 686
• sections 70A to 70D7
• sections 71 and 71A8
• sections 82 to 839
• section 8610
• sections 91 to 91B11
• section 10712
• sections 113 and 11413
• dictionary, definitions of14
application15
consent order16
general interim order17
return date18
returned19
special interim order20
Chapter 3 Family violence safety notices amendments
Part 3.1 Family Violence Act 2016
Division 3.1.2 Consequential amendments
Section 88
page 58 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
88 Further amendments, mentions of protection orders1
omit2
protection orders3
substitute4
family violence orders5
in6
• division 3.2 heading7
• section 16 heading8
• division 4.4 heading9
• section 70C heading10
• part 5 heading11
• section 82 heading12
• section 82A heading13
• section 83 heading14