ACTIn ForceAct
Personal Violence Act 2016
60Explaining orders if respondent present
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60 Explaining orders if respondent present
(a) the Magistrates Court intends to make a protection order; and
(b) the respondent is before the court.
(2) On making the protection order (other than a consent order), the court
must explain to the respondent, in language likely to be readily
understood by the respondent—
(a) the purpose, terms and effect of the order; and
Note Explaining the effect of the order includes explaining any
consequence that will automatically flow from the making of the
order. For example, if relevant, that any firearms licence of the
respondent will automatically be cancelled or suspended unless the
Magistrates Court otherwise orders.
(b) the consequences that may follow if the respondent fails to
comply with the order; and
(c) how the order may be amended or revoked; and
(d) that, if a State, another Territory or New Zealand has legislation
that corresponds to this Act, the order may be registered, and
enforced, in the State, Territory or New Zealand without notice
of registration being given to the respondent.
Note Pt 7 deals with the registration of protection orders from other
jurisdictions in the ACT.
(3) Before making a consent order, the Magistrates Court must explain
to the respondent, in language likely to be readily understood by the
respondent, the matters mentioned in subsection (2) (a) to (d).
(4) A failure of the Magistrates Court to comply with this section in
relation to a protection order does not affect the validity of the order.