(1) When making an apprehended violence order, a court may impose such prohibitions or restrictions on the behaviour of the defendant as appear necessary or desirable to the court and, in particular, to ensure the safety and protection of the person in need of protection and any children from domestic or personal violence.(2) Without limiting the generality of subsection (1), an apprehended violence order made by a court may impose any or all of the following prohibitions or restrictions:(a) prohibiting or restricting approaches by the defendant to the protected person,(b) prohibiting or restricting access by the defendant to any or all of the following:(i) to any premises occupied by the protected person from time to time or to any specified premises occupied by the protected person,(ii) to any place where the protected person works from time to time or to any specified place of work of the protected person,(iii) to any specified premises or place frequented by the protected person,whether or not the defendant has a legal or equitable interest in the premises or place,(c) prohibiting or restricting the defendant from approaching the protected person, or any such premises or place, within 12 hours of consuming intoxicating liquor or illicit drugs,(d) prohibiting or restricting the possession of all or any specified firearms or prohibited weapons (within the meaning of the Weapons Prohibition Act 1998) by the defendant,(e) prohibiting the defendant from destroying or deliberately damaging or interfering with the protected person’s property,(f) prohibiting or restricting specified behaviour by the defendant that might affect the protected person.(3) A provisional order made by an authorised officer may impose any or all of the prohibitions or restrictions specified in subsection (2) (a)–(e) if the authorised officer is satisfied that there are reasonable grounds for the order doing so and the defendant is not a child.(4) (Repealed)(5) A reference in this section to a court includes a reference to a Registrar.Note. Section 23 of the Firearms Act 1996 provides for the automatic suspension of a licence under that Act on the making of an interim apprehended violence order against the licence holder and section 24 of that Act provides for the automatic revocation of a licence on the making of a final apprehended violence order against the licence holder. Section 17 of the Weapons Prohibition Act 1998 provides for the automatic suspension of a permit under that Act on the making of an interim apprehended violence order against the permit holder and section 18 of that Act provides for the automatic revocation of a permit on the making of a final apprehended violence order against the permit holder. On the suspension or revocation of such licences or permits, the relevant firearms or weapons must be surrendered to the police and may be seized by the police.Note. Section 79 of the Residential Tenancies Act 2010 terminates the tenancy of a tenant or co-tenant under a residential tenancy agreement if a final apprehended violence order is made that prohibits the tenant or co-tenant from having access to the residential premises under the agreement.
Every apprehended violence order is taken to specify that the defendant is prohibited from doing any of the following:(a) assaulting, molesting, harassing, threatening or otherwise interfering with the protected person or a person with whom the protected person has a domestic relationship,(b) engaging in any other conduct that intimidates the protected person or a person with whom the protected person has a domestic relationship,(c) stalking the protected person or a person with whom the protected person has a domestic relationship.
(1) A court or an authorised officer may, when making an apprehended domestic violence order or an interim apprehended domestic violence order, make an ancillary property recovery order if:(a) the protected person has left personal property at premises which the defendant occupies, or(b) the defendant has left personal property at premises which the protected person occupies.(1A) A property recovery order may be made under subsection (1):(a) on the motion of the court or authorised officer making the relevant apprehended domestic violence order or interim apprehended domestic violence order, or(b) on the application of a police officer, the protected person or the defendant.(2) A property recovery order may do any or all of the following:(a) direct the person who occupies the premises concerned to allow access to the premises to the person who has left the personal property at the premises (and any police officer or person who is authorised by the order to accompany the person) to enable the removal of the property,(b) provide that the access to the premises concerned is to be at a time or times arranged between the occupier of the premises and a police officer (whether or not the order requires the person recovering the property to be accompanied by a police officer),(c) require the person who has left the personal property at the premises to be accompanied by a police officer when removing the property from the premises,(d) provide that the person who has left the personal property at the premises may be accompanied by any other specified person,(e) specify the type or types of property to which the order relates.(3) A property recovery order does not authorise entry to any premises by means of force.(4) A property recovery order does not confer any right on a person to take property that the person does not own or have a legal right to possess even if the type of property is specified in the order.(5) A property recovery order in respect of personal property left by the defendant on premises may not be made in the absence of the defendant.(6) A person must not, without reasonable excuse, contravene a property recovery order or obstruct a person who is attempting to comply with a property recovery order.
Maximum penalty: 50 penalty units.(7) The onus of proof of reasonable excuse in proceedings for an offence against subsection (6) lies on the person accused of the offence.