Western Australian Consolidated Acts Western Australian Consolidated Acts1 This is a compilation of the Restraining Orders
Act 1997 and includes the amendments made by the other written laws
referred to in the following table 1M,. The table also contains
information about any reprint.
|
Short title |
Number and year |
Assent |
Commencement |
|---|---|---|---|
|
Restraining Orders Act 1997 |
19 of 1997 |
28 Aug 1997 |
s. 1 and 2: 28 Aug 1997; |
|
Family Court (Orders of Registrars) Act 1997
s. 12 |
21 of 1997 |
7 Sep 1997 |
15 Sep 1997 (see s. 2(2) and Gazette
12 Sep 1997 p. 5149) |
|
Acts Amendment and Repeal (Family Court)
Act 1997 s. 36 |
41 of 1997 |
9 Dec 1997 |
26 Sep 1998 (see s. 2 and Gazette
25 Sep 1998 p. 5295) |
|
Statutes (Repeals and Minor Amendments) Act (No. 2)
1998 s. 62 |
10 of 1998 |
30 Apr 1998 |
30 Apr 1998
(see s. 2(1)) |
|
Restraining Orders Amendment
Act 1999 |
11 of 1999 |
13 May 1999 |
13 May 1999 (see s. 2) |
|
Restraining Orders Amendment
Act 2000 |
22 of 2000 |
30 Jun 2000 |
30 Jun 2000 (see s. 2) |
|
Reprint of the Restraining Orders Act 1997 as
at 6 Oct 2000 (includes amendments listed above) |
|||
|
Sentencing Legislation Amendment and Repeal
Act 2003 s. 90 |
50 of 2003 |
9 Jul 2003 |
15 May 2004 (see s. 2 and Gazette
14 May 2004 p. 1445) |
|
34 of 2004 |
20 Oct 2004 |
1 Mar 2006 (see s. 2 and Gazette
14 Feb 2006 p. 695) |
|
|
Acts Amendment (Family and Domestic Violence)
Act 2004 Pt. 2 (s. 3-57) |
38 of 2004 |
9 Nov 2004 |
s. 3-56: 1 Dec 2004 (see s. 2 and
Gazette 26 Nov 2004
p. 5309); |
|
Acts Amendment (Court of Appeal) Act 2004
s. 37 |
45 of 2004 |
9 Nov 2004 |
1 Feb 2005 (see s. 2 and Gazette
14 Jan 2005 p. 163) |
|
Courts Legislation Amendment and Repeal Act 2004
Pt. 17 4 |
59 of 2004 (as amended by No. 2 of 2008 s. 77(3)
and (4)) |
23 Nov 2004 |
Pt. 17 (other than the amendments in s. 123 to
s. 67(2) and in s. 124 to s. 4(a) 3):
1 May 2005 (see s. 2 and Gazette 31 Dec 2004
p. 7128) |
|
Reprint 2: The Restraining Orders Act 1997
as at 5 May 2006 (includes amendments listed
above) |
|||
|
Family Legislation Amendment Act 2006 Pt. 6
Div. 3 |
35 of 2006 |
4 Jul 2006 |
15 Jul 2006 (see s. 2 and Gazette
14 Jul 2006 p. 2559) |
|
Prisons and Sentencing Legislation Amendment
Act 2006 Pt. 10 |
65 of 2006 |
8 Dec 2006 |
4 Apr 2007 (see s. 2 and Gazette
3 Apr 2007 p. 1491) |
|
Acts Amendment (Justice) Act 2008 Pt. 19
|
5 of 2008 |
31 Mar 2008 |
31 Oct 2008 (see s. 2(d) and Gazette
11 Jul 2008 p. 3253) |
|
Legal Profession Act 2008
s. 699 |
21 of 2008 |
27 May 2008 |
1 Mar 2009 (see s. 2(b) and Gazette
27 Feb 2009 p. 511) |
|
Criminal Law Amendment (Homicide) Act 2008
s. 37 |
29 of 2008 |
27 Jun 2008 |
1 Aug 2008 (see s. 2(d) and Gazette
22 Jul 2008 p. 3353) |
|
Reprint 3: The Restraining Orders Act 1997
as at 9 Jan 2009 (includes amendments listed above except those in
the Legal Profession Act 2008) |
|||
|
Restraining Orders Amendment Act 2011
Pt. 2 |
32 of 2011 |
12 Sep 2011 |
5 May 2012 (see s. 2(b) and Gazette
4 May 2012 p. 1847) |
1M Under the Cross-border Justice Act 2008 section 14, in
order to give effect to that Act, this Act must be applied with the
modifications prescribed by the Cross-border Justice Regulations 2009
Part 3 Division 18 as if this Act had been altered in that way. If a
modification is to replace or insert a numbered provision, the new provision is
identified by the superscript 1M appearing after the provision number. If a
modification is to replace or insert a definition, the new definition is
identified by the superscript 1M appearing after the defined
term.
2 Repealed by Children and Community Services Act 2004 s.
250(1)(a).
3 Part 9 contained transitional provisions relating to
orders to keep the peace in force under the Justices Act 1902 when
this Act came into operation.
4 The Courts Legislation Amendment and Repeal
Act 2004 s. 123 (the amendment to s. 67(2)) and s. 124
(the amendment to s. 4(a)) were repealed by the Criminal Law and
Evidence Amendment Act 2008 s. 77(3) and (4).
Defined
Terms
[This is a list of terms defined and
the provisions where they are defined. The list is not part of the
law.]
Defined Term Provision(s)
act of
abuse 3
act of family and domestic violence 3, 6(1)
act of personal
violence 3, 6(2)
aid 61B(1)
application 3
assaulting 6(4)
authorised
magistrate 3
authorised person 3
bound person 61B(1)
CEO (child
welfare) 3
child 3
child welfare law 50B(4)
child welfare
officer 3
Commissioner of Police 3
corresponding
law 3
conviction 61A(1)
court 3
earlier
order 32(5)
exposed 3
family and domestic relationship 3, 4(1)
family
order 3, 5(1)
final order 3
final order hearing 3
firearm 3
firearms
licence 3
firearms order 71(1)
fix a hearing 3
foreign restraining
order 3
imagined personal relationship 3
inform the
court 66(1)
interested party 70A(1)
interim order 3
interstate
order 74
intimidate 6(4)
kidnapping or depriving the person of his or her
liberty 6(4)
legal practitioner 62(2)
mention hearing 3
misconduct
restraining order 3
order 61B(1)
other personal
relationship 4(2)
person protected 3
person seeking to be
protected 3
person who is bound 3
police order 3
prepare and
serve 3
prescribed information 70A(1)
proceedings under this
Act 3
property 3
protected
person 61B(1)
pursue 6(4)
registered 3
registered
order 74
registrar 3, 74
related 4(2)
relevant offence 61A(2)
remote
communication 62D(8)
representation 44A(3), 53E(4)
respondent 3, 31A,
43A(1)
responsible person 71(1)
restrained person 71(1)
restraining
order 3
satisfied 3
senior officer 62D(8)
specified 3
telephone
application 3
telephone order 3
the co-licensee 71(2)(a)(iii)
under
this Act 70(4)
video link 53B(4)
violence restraining order 3
violent
personal offence 63A(5), 63B(3)
wellbeing 3