A BILL FOR
An Act to amend the Crimes Act 1900, with respect to the making of apprehended domestic violence orders by a court.
BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament ,assembled, and by the authority of the same, as follows:-
Short title.
1. This Act may be cited as the “Crimes (De Facto Relationships) Amendment Act, 1983”.
Commencement.
2. (1) Sections 1 and 2 shall commence on -the date of assent to this Act.
(2) Except as provided by subsection (1), this Act shall commence on the day appointed and notified under section 2(2) of the De Facto Relationships Act, 1983.
Amendment of Act No.40, 1900.
3. The Crimes Act 1900, is amended in the manner set forth in Schedule 1.
SCHEDULE 1. (Sec. 3.)
AMENDMENTS TO THE CRIMES ACT, 1900.
(1) Section 4(1), definition of “Domestic violence offence” -
From paragraph (a), omit “committed upon a person at a time when the person who commits the offence and the person upon whom the offence is committed are married to each other or, although not married to each other, are living together as husband and wife on a bona fide domestic basis; or”, insert instead:-
committed upon -
(i) a person who is or has been married to the person who commits the offence; or
(ii) a person who is living with or has lived with the person who commits the offence as his wife or her husband, as the case may be, on a bona fide domestic basis although not married to him or her, as the case may be; or
(2) (a) Section 547 AA(1) -
Omit “probabilities that the commission by a person of a domestic violence offence upon another person (in this section referred to as the aggrieved spouse of the defendant) is apprehended by the aggrieved spouse of the defendant and that the apprehension is reasonable,” insert instead:-
probabilities -
(i) the commission by a person of a domestic violence offence upon an other person (in this section referred to as the aggrieved spouse of the defendant) is apprehended by the aggrieved spouse of the defendant; or
(ii) the commission by a person of conduct consisting of harassment or molestation falling short of actual or threatened violence, being conduct sufficient, in the opinion of the court, to warrant the making of an order under this section, is apprehended by the aggrieved spouse of the defendants and
(b) that the apprehension is reasonable,
(b) Section 547AA(8) -
After “subsection (7)”, insert “(other than an offence of knowingly failing to comply with a restriction or prohibition specified in an order made under this section relating to the apprehension by a person of conduct referred to in subsection (1) (a) (ii))”.
(c) Section 547AA(14) -
After “section”, insert “(other than a complaint relating to the apprehension by a person of conduct referred to in subsection (1) (a) (ii))”.
