Australian Capital Territory Numbered Acts

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DOMESTIC VIOLENCE (AMENDMENT) ACT 1998 (NO. 37 OF 1998) - SECT 16

Interim orders

    Section 14 of the Principal Act is amended—

        (a)     by inserting in paragraph (1) (a) “or a variation of a protection order” after “protection order”;

        (b)     by omitting subsection (2) and substituting the following subsection:

“(2) The Court shall not make an interim protection order unless the application is supported—

        (a)     by oral evidence on oath given by the applicant; or

        (b)     where the Court is satisfied that it would be unreasonable in the circumstances to require the applicant to give oral evidence—by affidavit evidence given by the applicant.”;

        (c)     by omitting from subsection (2B) “or an order varying an interim protection order”;

        (d)     by inserting after paragraph (3) (a) the following paragraph:

    “(aa)     applies to the respondent's conduct both within and outside the Territory; and”; and

        (e)     by adding at the end the following subsection:

“(4) The Court may vary or revoke an interim protection order where it is satisfied that it is necessary or desirable having regard to the matters in paragraph (1) (b) and subsection (2A).”.



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