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Personal Violence Act 2016
61Explaining orders if protected person present
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61 Explaining orders if protected person present
(a) a court intends to make a protection order; and
(b) the protected person is before the court.
(2) On making the protection order (other than a consent order), the court
must explain to the protected person, in language likely to be readily
understood by the person—
(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 the protected person aids or abets the respondent to
commit an offence against section 35 (Offence—contravention
of protection order), the protected person may also commit an
offence; and
(e) 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 1 Pt 7 deals with the registration of protection orders from other
jurisdictions in the ACT.
Note 2 The Criminal Code, pt 2.4 deals with offences of aiding and abetting.
(3) Before making a consent order, the Magistrates Court must explain
to the protected person, in language likely to be readily understood
by the person, the matters mentioned in subsection (2) (a) to (e).
Service of documents Division 4.4A
(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.