98ZBRecognised DVO prevails over earlier comparable DVOs

98ZB Recognised DVO prevails over earlier comparable DVOs

98ZB Recognised DVO prevails over earlier comparable DVOs

(1) A recognised DVO that is enforceable against a defendant in New South Wales (a new DVO) supersedes—

(a) any comparable recognised DVO made earlier than the new DVO, and

(b) any comparable local DVO made earlier than the new DVO (whether or not the local DVO is a recognised DVO).

(2) The earlier comparable DVO is superseded from the time the recognised DVO becomes enforceable against the defendant.

(3) A recognised DVO that is superseded ceases to be a recognised DVO.

(4) A local DVO that is superseded is revoked.

(5) A DVO is not superseded to the extent that it relates to a protected person who is not a protected person under the new DVO.

(6) Accordingly, a DVO continues to be a recognised DVO, and to have effect, to the extent that it relates to a person who is not a protected person under the new DVO.

(7) A DVO made by a police officer does not supersede a comparable DVO made by a court (of any jurisdiction).

(7A) A provisional order made under this Act by an authorised officer does not supersede a comparable DVO made by a court (of any jurisdiction).

(8) A DVO is comparable with another DVO if—

(a) the DVOs are made against the same defendant, and

(b) the DVOs are made for the protection of one or more of the same protected persons.

s 98ZB: Ins 2016 No 9, Sch 1 [9] (am 2017 No 44, Sch 1.7 [11]).