Stalking Intervention Orders Regulations 2008

i Stalking Intervention Orders Regulations 2008 S.R. No. 152/2008 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Commencement 1 4 Definitions 1 5 Corresponding interstate orders 2 6 Surrender of firearms 2 ═══════════════ -- 1 of 5 -- 1 STATUTORY RULES 2008 S.R. No. 152/2008 Stalking Intervention Orders Act 2008 Stalking Intervention Orders Regulations 2008 The Governor in Council makes the following Regulations: Dated: 2 December 2008 Responsible Minister: ROB HULLS Attorney General RYAN HEATH Clerk of the Executive Council 1 Objectives The objective of these Regulations is to prescribe matters under the Stalking Intervention Orders Act 2008 to ensure the effective implementation of that Act. 2 Authorising provision The Regulations are made under section 55 of the Stalking Intervention Orders Act 2008. 3 Commencement These Regulations come into operation on 8 December 2008. 4 Definitions In these Regulations— the Act means the Stalking Intervention Orders Act 2008. -- 2 of 5 -- S.R. No. 152/2008 Stalking Intervention Orders Regulations 2008 2 5 Corresponding interstate orders For the purposes of paragraph (b) of the definition of corresponding interstate order in section 3 of the Act, the following orders are prescribed to be corresponding interstate orders— (a) a personal protection order under the Domestic Violence and Protection Orders Act 2001 of the Australian Capital Territory; (b) an apprehended personal violence order under the Crimes (Domestic and Personal Violence) Act 2007 of New South Wales; (c) a personal violence restraining order under the Justices Act of the Northern Territory; (d) an order under the Peace and Good Behaviour Act 1982 of Queensland that a person keep the peace and be of good behaviour; (e) a restraining order made under section 359F of the Criminal Code of Queensland; (f) a restraining order under the Summary Procedure Act 1921 of South Australia; (g) a restraint order made under the Justices Act 1959 of Tasmania, so far as it relates to stalking within the meaning of that Act; (h) a restraining order made under the Restraining Orders Act 1997 of Western Australia that relates to an act of personal violence within the meaning of that Act. 6 Surrender of firearms (1) An oral direction under section 35(2)(a) of the Act must include the following particulars— (a) if the police officer issuing the direction is not in uniform, the police officer's name and rank; r. 5 -- 3 of 5 -- S.R. No. 152/2008 Stalking Intervention Orders Regulations 2008 3 (b) a statement that it is an offence to fail to comply with a lawful direction. (2) A written notice under section 35(2)(b) of the Act directing the surrender of a firearm, firearms authority or ammunition to a police officer must include the following particulars— (a) the name of the person who is given the direction; (b) the address (if known) of the person who is given the direction; (c) the date of birth (if known) of the person who is given the direction; (d) the name, rank and station of the police officer issuing the direction; (e) a statement that the direction is issued under section 35(2) of the Stalking Intervention Orders Act 2008; (f) the date and time at which the direction is given; (g) the place at which the firearm, firearms authority or ammunition is to be surrendered; (h) a statement that the firearm, firearms authority or ammunition must be surrendered by the specified time (if any) or otherwise within 48 hours of the direction being given to the person; (i) a description of the firearm, firearms authority or ammunition to be surrendered (if known), including identifiers such as the model and serial number; r. 6 -- 4 of 5 -- S.R. No. 152/2008 Stalking Intervention Orders Regulations 2008 4 (j) a statement that it is an offence under section 35(4) of the Act to fail to comply with the direction, punishable by 60 penalty units for failure to surrender a firearm and 30 penalty units for failure to surrender a firearms authority or ammunition. ═══════════════ r. 6 -- 5 of 5 --