Sentencing Amendment Act (No 2) 2009

1: Title
This Act is the Sentencing Amendment Act (No 2) 2009.
2: Commencement
This Act comes into force on 1 July 2010.
3: Principal Act amended
This Act Sentencing Act 2002 2010-07-01 Sentencing Act 2002
4: New heading and sections 123A to 123G inserted
The following heading and sections are inserted after section 123 Protection orders
123A: Interpretation of terms used in this section and sections 123B to 123G
In this section and sections 123B to 123G child domestic relationship domestic violence offence domestic violence proceedings victim of the offence violence
123B: Protection order
1: This section applies if—
a: an offender is convicted of a domestic violence offence; and
b: there is not currently in force a protection order against the offender made under the Domestic Violence Act 1995 for the protection of the victim of the offence.
2: The court may make a protection order against the offender if—
a: it is satisfied that the making of the order is necessary for the protection of the victim of the offence; and
b: the victim of the offence does not object to the making of the order.
3: A protection order may be made under this section in addition to imposing a sentence or making any other order.
4: An order may be made under subsection (2)
5: If an order is made under subsection (2) subsection (4)
123C: Provisions applying to protection order made under section 123B
1: Subject to the modifications set out in subsection (2) section 123B
a: sections 16(1), 19 (except subsection (3)), 20 (except subsection (5)), 21 (except subsections (2)(a), (4), and (5)), 24(3), 25(1) (except paragraph (a)), 26(1), 28 (except subsection (6)), 32(1) and (4), and 33 of the Domestic Violence Act 1995; and
b: section 27 of the Domestic Violence Act 1995, except that the court may not impose a condition relating to the matters set out in subsection (2) of that section.
2: The modifications referred to in subsection (1)
a: every reference to protection order or final order must be read as a reference to an order made under section 123B
b: every reference to the respondent must be read as a reference to the offender:
c: every reference to the applicant or protected person must be read as a reference to the victim of the offence.
123D: Explanation of protection order
1: On making a protection order, the Judge or Registrar must explain to the offender—
a: the effect of—
i: the order; and
ii: any direction to attend a programme made under section 32 of the Domestic Violence Act 1995 (as applied by section 123C(1)(a)
b: the consequences that may follow if the offender fails to—
i: comply with the terms of the order; or
ii: attend any session of a programme that he or she has been directed to attend; and
c: the means by which the order can be varied or discharged.
2: Failure to give the explanation required by subsection (1)
123E: Protection order to be issued and served on offender
1: Where the court makes a protection order under section 123B
a: immediately issue the order; and
b: wherever practicable, serve a copy of the order on the offender before he or she leaves the court.
2: For the purpose of subsection (1)
123F: Protection order to be sent to Family Court
1: Immediately after the issue of a protection order in accordance with section 123E
2: On receipt of a copy of an order under subsection (1)
123G: Protection order treated as if made by Family Court
As soon as an order has been entered in the records of the Family Court under section 123F(2)
a: the order is to be treated as if it were a final protection order made by that court under the Domestic Violence Act 1995; and
b: sections, 22(2)(b) and (6), 23, 29 to 31, 34, 35, 38 to 44, 45(2), 46(1), 47(1), 48 to 50, 82, and 88 to 95 of the Domestic Violence Act 1995 apply to the order accordingly.