Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.8 Evidence (Miscellaneous Provisions) Act 1991
Section 132
page 74 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Division 3.2.8 Evidence (Miscellaneous Provisions)1
Act 19912
132 Meaning of sexual offence proceeding—ch 43
Section 41, definition of sexual offence proceeding,4
paragraphs (b) and (c)5
substitute6
(b) a proceeding for an offence against—7
(i) the Family Violence Act 2016—8
(A) section 13ZC (Offence—contravene family violence9
safety notice) if the family violence safety notice was10
made because of a sexual offence, or an alleged11
sexual offence, against a person protected under the12
notice; or13
(B) section 43 (Offence—contravention of family14
violence order) if the family violence order was made15
because of a sexual offence, or an alleged sexual16
offence, against a person protected under the order;17
or18
(ii) the Personal Violence Act 2016, section 35 (Offence—19
contravention of protection order) if the protection order20
was made because of a sexual offence, or an alleged sexual21
offence, against the person protected under the order.22
133 Recorded statement—offence to publish23
Section 81J (2) (c)24
omit25
protection order under the Family Violence Act 201626
substitute27
family violence order28
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Evidence (Miscellaneous Provisions) Act 1991 Division 3.2.8
Section 134
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 75
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
134 Section 81J (2) (c) (i) and (ii)1
omit2
protection order3
substitute4
family violence order5
135 Division 4.5.3 and section 81K headings6
substitute7
Division 4.5.3 Recorded statement of police8
interview admissible as evidence—9
application for family violence order10
81K Recorded statement—may be admitted as evidence in11
application for family violence order12
136 Section 81K (2)13
omit14
protection order under the Family Violence Act 201615
substitute16
family violence order17
137 Section 81K (2) (a) and (b)18
omit19
protection order20
substitute21
family violence order22
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.8 Evidence (Miscellaneous Provisions) Act 1991
Section 138
page 76 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
138 Dictionary, new definition of family violence order1
insert2
family violence order—see the Family Violence Act 2016, dictionary.3
Section retrieval-0007 - Family, Personal and Sexual Violence Legislation Amendment Bill 2025 - Document excerpt 7 | Zoe
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Firearms Act 1996 Division 3.2.9
Section 139
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 77
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Division 3.2.9 Firearms Act 19961
139 Assessing suitability of individuals—discretionary2
criteria3
Section 18 (1) (b) (ii)4
omit5
subject to a final protection order6
substitute7
subject to a final family violence order or a final protection order8
140 Section 18 (1) (b) (iii)9
omit10
subject to an interim protection order11
substitute12
subject to an interim family violence order or an interim protection13
order14
141 Assessing suitability of individuals—mandatory criteria15
Section 19 (1) (b) (i)16
omit17
subject to a final protection order other than an order that18
substitute19
subject to a final family violence order or a final protection order,20
other than an order that21
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.9 Firearms Act 1996
Section 142
page 78 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
142 Adult firearms licences—mandatory suspension for1
family violence offence2
Section 80 (1), notes3
substitute4
Note 1 A person’s licence is automatically suspended under the Family Violence5
Act 2016—6
(a) s 13ZD if a family violence safety notice is issued against the7
person; or8
(b) s 44 (1) if an interim order is made against the person.9
Note 2 A person’s licence is automatically suspended under the Personal10
Violence Act 2016, s 36 if an interim order is made against the person11
unless the court otherwise orders.12
Note 3 If the registrar suspends a licence under this section, the registrar must13
give written notice of the decision to the licensee (see s 260).14
143 Section 81A heading15
substitute16
81A Adult firearms licences—reconsideration of suitability of17
licensee under protection order18
144 Section 81A (1) (a)19
substitute20
(a) a licensee is subject to an interim protection order or a final21
protection order (a current protection order); and22
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Firearms Act 1996 Division 3.2.9
Section 145
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 79
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
145 Minors firearms licences—mandatory suspension if1
family violence offence2
Section 97 (1), notes3
substitute4
Note 1 A person’s licence is automatically suspended under the Family Violence5
Act 2016—6
(a) s 13ZD if a family violence safety notice is issued against the7
person; or8
(b) s 44 (1) if an interim order is made against the person.9
Note 2 A person’s licence is automatically suspended under the Personal10
Violence Act 2016, s 36 if an interim order is made against the person11
unless the court otherwise orders.12
Note 3 If the registrar suspends a licence under this section, the registrar must13
give written notice of the decision to the licensee (see s 260).14
146 Section 98A heading15
substitute16
98A Minors firearms licences—reconsideration of suitability17
of licensee under protection order18
147 Section 98A (1) (a)19
substitute20
(a) a licensee is subject to an interim protection order or a final21
protection order (a current protection order); and22
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.9 Firearms Act 1996
Section 148
page 80 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
148 Dictionary, new definition of final family violence order1
insert2
final family violence order—3
(a) means a final order under the Family Violence Act 2016; and4
(b) includes the following orders, other than an order of an interim5
nature:6
(i) a protection order under the Domestic Violence and7
Protection orders Act 2008 as in force at any time;8
(ii) a recognised FVO;9
(iii) any other order under a law of a State, another Territory or10
New Zealand that has or had the same effect, or11
substantially the same effect, as an order mentioned in12
paragraph (a).13
149 Dictionary, definition of final protection order14
substitute15
final protection order—16
(a) means a final order under the Personal Violence Act 2016; and17
(b) includes any other order under a law of a State, another Territory18
or New Zealand that has or had the same effect, or substantially19
the same effect, as an order mentioned in paragraph (a).20
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Firearms Act 1996 Division 3.2.9
Section 150
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 81
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
150 Dictionary, new definition of interim family violence order1
insert2
interim family violence order—3
(a) means—4
(i) an interim order under the Family Violence Act 2016; or5
(ii) a recognised FVO of an interim nature; and6
(b) includes an order of an interim nature that has or had the same7
effect, or substantially the same effect, as an order mentioned in8
paragraph (a) under the following:9
(i) the Domestic Violence and Protection orders Act 2008 as10
in force at any time;11
(ii) a law of a State, another Territory or New Zealand.12
151 Dictionary, definition of interim protection order13
substitute14
interim protection order—15
(a) means an interim order under the Personal Violence Act 2016;16
and17
(b) includes an order of an interim nature that has or had the same18
effect, or substantially the same effect, as an order mentioned in19
paragraph (a) under a law of a State, another Territory or New20
Zealand.21
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.10 Personal Violence Act 2016
Section 152
page 82 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Division 3.2.10 Personal Violence Act 20161
152 Objects of Act2
Section 6, note3
omit4
protection orders5
substitute6
family violence orders7
153 Meaning of personal violence8
Section 8 (3), note9
omit10
protection orders11
substitute12
family violence orders13
154 Matters to be considered—protection orders14
Section 11 (1) (d) and (e)15
substitute16
(d) any of the following, in force at any time against the respondent:17
(i) a protection order;18
(ii) a family violence safety notice;19
(iii) a family violence order;20
(iv) a protection related order;21
(e) any contravention of any of the following, in force at any time22
against the respondent:23
(i) a protection order;24
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Personal Violence Act 2016 Division 3.2.10
Section 155
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 83
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(ii) a family violence safety notice;1
(iii) a family violence order;2
(iv) a protection related order;3
155 Section 11 (3)4
omit5
in relation to6
substitute7
in deciding whether to make8
156 Section 11 (4)9
substitute10
(4) In this section:11
protection related order includes the following:12
(a) an after-hours order under the Family Violence Act 2016 as in13
force at any time;14
(b) a protection order under the Family Violence Act 2016 as in15
force at any time;16
(c) a protection order under the Domestic Violence Agencies17
Act 1986 as in force at any time;18
(d) a protection order under the Domestic Violence and Protection19
Orders Act 2008 as in force at any time;20
(e) a protection order under the Domestic Violence and Protection21
Orders Act 2001 as in force at any time;22
(f) a restraining order under the Magistrates Court Act 1930 before23
27 March 2002;24
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.10 Personal Violence Act 2016
Section 157
page 84 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(g) an order under a law of a State, another Territory or New1
Zealand that has or had the same effect, or substantially the same2
effect, as—3
(i) a protection order; or4
(ii) a family violence order.5
157 What if application is made for the wrong order?6
Section 15 (1) (a)7
omit8
under this Act9
158 Section 15 (1) (b) (ii)10
omit11
an order under the Family Violence Act 201612
substitute13
a family violence order14
159 Section 15 (2)15
omit16
protection order under the Family Violence Act 2016 even though that17
protection order18
substitute19
family violence order under the Family Violence Act 2016 even20
though the family violence order21
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Personal Violence Act 2016 Division 3.2.10
Section 160
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 85
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
160 Section 15 (2) (b)1
omit2
protection order under the Family Violence Act 20163
substitute4
family violence order5
161 What if application for the wrong order is decided?6
Section 16 (1) (e)7
omit8
protection order9
substitute10
family violence order11
162 Section 16 (2)12
omit13
an order14
substitute15
a family violence order16
163 Section 24, 30 and 3217
omit18
having regard to19
substitute20
taking into account21
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.10 Personal Violence Act 2016
Section 164
page 86 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
164 Dictionary, definition of amend, paragraph (a)1
omit2
deleting3
substitute4
removing5
165 Dictionary, new definitions6
insert7
family violence order—see the Family Violence Act 2016, dictionary.8
family violence safety notice—see the Family Violence Act 2016,9
section 13B.10
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Prohibited Weapons Regulation 1997 Division 3.2.11
Section 166
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 87
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Division 3.2.11 Prohibited Weapons Regulation 19971
166 General grounds for refusal to issue permits2
Section 5 (3) (a)3
omit4
the relevant period in the ACT,5
substitute6
the 10 years before the day the application was made, in the ACT7
167 Section 5 (3) (b) and (c)8
substitute9
(b) the person is, or has been within the 10 years before the day the10
application was made, subject to any of the following orders11
(other than an order that has been revoked):12
(i) a family violence order;13
(ii) a corresponding family violence order;14
(iii) a protection order;15
(iv) a corresponding protection order; or16
(c) the person is subject to any of the following:17
(i) an interim family violence order;18
(ii) a corresponding interim family violence order;19
(iii) an interim protection order;20
(iv) a corresponding interim protection order;21
168 Section 5 (4)22
omit23
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.11 Prohibited Weapons Regulation 1997
Section 169
page 88 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
169 Section 5 (6), definition of corresponding order1
substitute2
corresponding family violence order means an order (however3
described) under a law of a State, another Territory or New Zealand4
that has the same effect, or substantially the same effect, as a family5
violence order.6
corresponding interim family violence order means an order7
(however described) under a law of a State, another Territory or New8
Zealand that has the same effect, or substantially the same effect, as9
an interim family violence order.10
corresponding interim protection order means an order (however11
described) under a law of a State, another Territory or New Zealand12
that has the same effect, or substantially the same effect, as an interim13
protection order.14
corresponding protection order means an order (however described)15
under a law of a State, another Territory or New Zealand that has the16
same effect, or substantially the same effect, as a protection order.17
family violence order means a final order under the Family Violence18
Act 2016.19
170 Section 5 (6), definition of interim protection order20
substitute21
interim family violence order means an interim order under the22
Family Violence Act 2016.23
interim protection order means an interim order under the Personal24
Violence Act 2016.25
Family violence safety notices amendments Chapter 3
Other legislation Part 3.2
Prohibited Weapons Regulation 1997 Division 3.2.11
Section 171
Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
page 89
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
171 Section 5 (6), definition of protection order1
substitute2
protection order means a final order under the Personal Violence3
Act 2016.4
172 Section 5 (6), definition of relevant period5
omit6
Chapter 3 Family violence safety notices amendments
Part 3.2 Other legislation
Division 3.2.12 Residential Tenancies Act 1997
Section 173
page 90 Family, Personal and Sexual Violence Legislation
Amendment Bill 2025
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Division 3.2.12 Residential Tenancies Act 19971
173 Threats, harassment, intimidation or abuse by lessor etc2
Section 45A (6) (e)3
substitute4
(e) any of the following is made at any time against the lessor:5
(i) a family violence safety notice;6
(ii) a family violence order;7
(iii) a personal protection order;8
174 Definitions—div 4.3A9
Section 46C, definition of family violence order10
omit11
175 Termination for family violence12
Section 46D (3) (b) (i)13
substitute14
(i) a family violence safety notice, or family violence order,15
protecting the tenant or child;16
176 New section 46D (6)17
insert18
(6) In this section:19
family violence order includes an order (however described) under a20
law of a State, another Territory or New Zealand that has the same21
effect, or substantially the same effect, as a family violence order.22
Note Family violence order—see the Family Violence Act 2016, dictionary.23