Family Violence Amendment Act 2005

Family Violence Amendment Act 2005

An Act to amend the Family Violence Act 2004

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Family Violence Amendment Act 2005 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Family Violence Act 2004 is referred to as the Principal Act.

4.    Section 31 amended (Procedure in relation to hearing and determining applications)

Section 31 of the Principal Act is amended by inserting after subsection (2) the following subsection:

(2A)  At the hearing of an application made by a person other than a police officer –

(a) under Part 3 ; or

(b) under Part 4 , in respect of an FVO which was made on the application of a police officer –

the Commissioner of Police –

(c) is taken to be a party; and

(d) may make submissions for or against the application; and

(e) may examine and cross-examine witnesses.

[Second reading presentation speech made in:

House of Assembly on 24 NOVEMBER 2005

Legislative Council on 30 NOVEMBER 2005]