Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Bail Act 1992 Division 3.2.1
Section 89
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 59
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Part 3.2 Other legislation1
Division 3.2.1 Bail Act 19922
89 Bail for serious offence committed while charge for3
another pending or outstanding4
Section 9D (4) and (5) (b)5
omit6
authorised person7
substitute8
authorised officer9
90 Conditions on which bail may be granted to adults10
Section 25 (4) (f) (i)11
omit12
section 8 (1), definition of family violence, paragraph (a)13
substitute14
section 8, definition of family violence15
91 New section 26A and 26B16
insert17
26A Bail condition inconsistent with family violence safety18
notice19
(1) This section applies if—20
(a) a family violence safety notice is in force against a person; and21
(b) a bail condition is also in force against the person; and22
(c) the bail condition is inconsistent with a condition in the family23
violence safety notice; and24
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.1 Bail Act 1992
Section 91
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(d) a court or authorised officer imposing the bail condition has not1
stated that section 26B (2) applies to the bail condition.2
(2) The person’s failure to comply with the bail condition, to the extent3
needed to comply with the family violence safety notice, is taken not4
to be a breach of the bail condition.5
26B Bail condition may be taken to displace family violence6
safety notice condition7
(1) This section applies if—8
(a) a family violence safety notice is in force against a person; and9
(b) a court or authorised officer imposes a bail condition on the10
person that would be inconsistent with a condition in the family11
violence safety notice; and12
(c) the court or authorised officer is satisfied that the proposed bail13
condition would better protect the safety or welfare of a14
protected person mentioned in the family violence safety notice.15
(2) If the court or authorised officer imposes the bail condition, and when16
imposing the condition states that the condition is intended to displace17
a condition in a family violence safety notice (to the extent of the18
inconsistency)—19
(a) section 26A (2) does not apply to the person; and20
(b) the person’s failure to comply with the family violence safety21
notice, to the extent needed to comply with the bail condition, is22
taken not to be a contravention of the family violence safety23
notice.24
(3) In this section:25
family violence safety notice—see the Family Violence Act 2016,26
section 13B.27
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Children and Young People Act 2008 Division 3.2.2
Section 92
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Amendment Bill 2025
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Division 3.2.2 Children and Young People Act 20081
92 What is significant harm?2
Section 344 (4)3
omit4
93 Interim matters—Court action before adjournment5
Section 431 (2) (d)6
before7
interim protection order8
insert9
interim family violence order or10
94 Division 14.3.5 heading11
substitute12
Division 14.3.5 Family violence orders and protection13
orders14
95 Section 45815
substitute16
458 Meaning of relevant Act—div 14.3.517
In this division:18
relevant Act means—19
(a) for a family violence order—the Family Violence Act 2016; or20
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.2 Children and Young People Act 2008
Section 96
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(b) for a protection order—the Personal Violence Act 2016.1
Note 1 A family violence order is an interim or final order and includes an order2
about the seizure of a firearms licence, firearm or ammunition and an3
order amending a family violence order (see Family Violence Act 2016,4
dict, def family violence order).5
Note 2 A protection order is an interim or final personal or workplace order and6
includes an order about the seizure of a firearms licence, firearm or7
ammunition and an order amending a protection order (see Personal8
Violence Act 2016, dict, def protection order).9
96 Section 459 heading10
substitute11
459 Childrens Court may make or amend family violence12
orders and protection orders13
97 Section 459 (2), except notes14
before15
protection order16
insert17
family violence order or18
98 Section 459 (2), note 119
substitute20
Note 1 A child younger than 14 years old cannot be a respondent to an21
application for a family violence order or a protection order (see Family22
Violence Act 2016, s 75 and Personal Violence Act 2016, s 69).23
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Children and Young People Act 2008 Division 3.2.2
Section 99
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Amendment Bill 2025
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99 Section 459 (2), note 21
before2
interim protection order3
insert4
interim family violence order or5
100 Section 459 (3)6
omit7
(3) The Childrens Court may make a protection order or amend an8
existing protection order—9
substitute10
(3) The Childrens Court may make a family violence order or protection11
order, or amend an existing family violence order or protection12
order—13
101 Section 459 (3) note14
before15
protection order16
insert17
family violence order or18
102 Section 459 (4), definition of family violence19
omit20
103 Section 460 heading21
substitute22
460 Effect of making family violence order or protection order23
under this Act24
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.2 Children and Young People Act 2008
Section 104
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104 Section 4601
before2
protection order3
insert4
family violence order or5
105 Police assistance6
Section 679 (1) (h) and note7
substitute8
(h) a family violence order or protection order;9
Note A family violence order under the Family Violence Act 2016 or a10
protection order under the Personal Violence Act 2016 may be11
made by the Childrens Court under s 459.12
106 Safe custody warrant—criteria13
Section 686 (1) (a) (v) and note14
substitute15
(v) a family violence order or protection order;16
Note A family violence order under the Family Violence Act 201617
or a protection order under the Personal Violence Act 201618
may be made by the Childrens Court under s 459.19
107 Appeals to Supreme Court—generally20
Section 835 (1) note21
substitute22
Note An appeal in relation to a family violence order under the Family23
Violence Act 2016, or a protection order under the Personal Violence24
Act 2016, that was made by the Childrens Court under s 459, is dealt with25
under the relevant Act (see s 460 (c)).26
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Children and Young People Act 2008 Division 3.2.2
Section 108
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Amendment Bill 2025
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108 Dictionary, new definitions1
insert2
family violence—see the Family Violence Act 2016, section 8.3
family violence order—see the Family Violence Act 2016, dictionary.4
Note A family violence order is an interim or final order and includes an order5
about the seizure of a firearms licence, firearm or ammunition and an6
order amending a family violence order (see Family Violence Act 2016,7
dict, def family violence order).8
109 Dictionary, definition of protection order9
substitute10
protection order—see the Personal Violence Act 2016, dictionary.11
Note A protection order is an interim or final personal or workplace order and12
includes an order about the seizure of a firearms licence, firearm or13
ammunition and an order amending a protection order (see Personal14
Violence Act 2016, dict, def protection order).15
110 Dictionary, definition of relevant Act16
substitute17
relevant Act, for division 14.3.5 (Family violence orders and18
protection orders)—see section 458.19
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.3 Crimes Act 1900
Section 111
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Division 3.2.3 Crimes Act 19001
111 Seizure of firearms—warrants and emergencies2
Section 191 (4) (b)3
omit4
protection order under the Family Violence Act 20165
substitute6
family violence order7
112 Section 192 heading8
substitute9
192 Seizure of firearms—family violence safety notices,10
family violence orders and protection orders11
113 New section 192 (1A)12
before subsection (1), insert13
(1A) For this section, a firearms seizure provision is in operation against14
a person who holds a firearms licence (the licensee) if—15
(a) a family violence safety notice is in force against the licensee;16
or17
Note If a family violence safety notice is in force against a person who18
holds a firearms licence, a police officer may seize the firearms19
licence and any firearm or ammunition in the person’s possession20
(see Family Violence Act 2016, s 13ZD).21
(b) a family violence order is made against the licensee and the court22
or judicial officer orders the seizure of the firearms licence, a23
firearm or ammunition; or24
Note See the Family Violence Act 2016, s 44.25
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Crimes Act 1900 Division 3.2.3
Section 114
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Amendment Bill 2025
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(c) a protection order is made against a licensee and the Magistrates1
Court orders the seizure of the firearms licence, a firearm or2
ammunition.3
Note See the Personal Violence Act 2016, s 38.4
114 Section 192 (1)5
omit6
an order under a protection order provision7
substitute8
a firearms seizure provision in operation against a licensee9
115 Section 192 (1) (a)10
omit11
respondent named in the order12
substitute13
licensee14
116 Section 192 (5) (a)15
omit16
for the purpose of enforcing an order mentioned in that subsection;17
and18
substitute19
; but20
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.3 Crimes Act 1900
Section 117
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117 Section 192 (5) (b)1
omit2
a protection order provision3
substitute4
a firearms seizure provision in operation against a licensee5
118 Section 192 (5) (c)6
substitute7
(c) the licensee produces to the registrar of firearms a certificate of8
the registrar of the Magistrates Court to the effect that the9
firearms seizure provision is no longer in operation against the10
licensee; and11
119 Section 192 (5) (d)12
omit13
court orders in force14
substitute15
firearms seizure provisions in operation against the licensee16
120 Section 192 (8)17
omit18
121 Definitions—div 10.4A19
Section 210A, definition of serious offence, paragraph (c)20
omit21
within the meaning of the Family Violence Act 201622
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Crimes Act 1900 Division 3.2.3
Section 122
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Amendment Bill 2025
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122 Power of arrest without warrant by police officers1
Section 212 (5)2
omit3
123 Dictionary, new definitions4
insert5
family violence offence—see the Family Violence Act 2016,6
dictionary.7
family violence order—see the Family Violence Act 2016, dictionary.8
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.4 Crimes (Restorative Justice) Act 2004
Section 124
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Division 3.2.4 Crimes (Restorative Justice) Act 20041
124 Definitions—offences and offenders2
Section 12 (1), definition of less serious family violence3
offence, paragraph (b)4
substitute5
(b) contravention of—6
(i) a family violence safety notice under the Family Violence7
Act 2016, section 13ZC; or8
(ii) a family violence order under the Family Violence9
Act 2016, section 43.10
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Crimes (Sentencing) Act 2005 Division 3.2.5
Section 125
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Amendment Bill 2025
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Division 3.2.5 Crimes (Sentencing) Act 20051
125 Sentencing—family violence offences2
Section 34B (2) (b)3
substitute4
(b) any of the following are in force against the offender in relation5
to the family violence offence:6
(i) a family violence safety notice;7
(ii) a family violence order;8
(iii) a protection order under the Domestic Violence and9
Protection Orders Act 2008 (repealed).10
126 Section 34B (3), definition of family violence11
substitute12
family violence—see the Family Violence Act 2016, section 8.13
127 Section 34B (3), new definitions14
insert15
family violence order—see the Family Violence Act 2016, dictionary.16
family violence safety notice—see the Family Violence Act 2016,17
section 13B.18
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.6 Criminal Code 2002
Section 128
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Division 3.2.6 Criminal Code 20021
128 Publishing identifying information about childrens2
proceedings3
Section 712A (5), definition of childrens proceeding,4
paragraphs (b) and (c) (i)5
omit6
that Act7
substitute8
the Children and Young People Act 20089
129 Section 712A (5), definition of childrens proceeding,10
paragraph (d) and note11
substitute12
(d) the child or young person is or was the subject of a proceeding13
under the Children and Young People Act 2008, division 14.3.514
(Family violence orders and protection orders); or15
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Dangerous Substances Act 2004 Division 3.2.7
Section 130
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Amendment Bill 2025
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Division 3.2.7 Dangerous Substances Act 20041
130 Working out whether person is a suitable person2
Section 49 (1) (h)3
substitute4
(h) whether the person or a close associate of the person has, within5
the 5-year period before the day the application is made, been6
subject to any of the following orders (other than an order that7
has been revoked or for which an appeal against the making of8
the order has been upheld):9
(i) a family violence order;10
(ii) a corresponding family violence order;11
(iii) a protection order;12
(iv) a corresponding protection order;13
131 Section 49 (2)14
substitute15
(2) In this section:16
corresponding family violence order means an order (however17
described) under a law of the Commonwealth, a State, another18
Territory or New Zealand that has the same effect, or substantially the19
same effect, as a family violence order.20
corresponding protection order means an order (however described)21
under a law of the Commonwealth, a State, another Territory or New22
Zealand that has the same effect, or substantially the same effect, as23
a protection order.24
family violence order means a final order under the Family Violence25
Act 2016.26
protection order means a final order under the Personal Violence27
Act 2016.28