41Power to declare DVO to be recognised

41 Power to declare DVO to be recognised

(1)  A clerk of petty sessions may, by order, declare any DVO made in any jurisdiction to be a recognised DVO in Tasmania.

(2)  A declaration may be made in relation to any DVO made in any jurisdiction that is in force in the issuing jurisdiction and is not a recognised DVO in Tasmania.

(3)  The jurisdiction in which the DVO was made does not have to be a participating jurisdiction.

(4)  A clerk of petty sessions must make a declaration under this section if an application for the declaration is made in accordance with this Division, unless the clerk of petty sessions decides to refuse to make the declaration in the interests of justice.

(5)  Without limiting subsection (4) , the clerk of petty sessions may refuse to make the declaration if the clerk of petty sessions is not satisfied that the defendant has been properly notified of the making of the DVO under the law of the jurisdiction in which the DVO was made.

Note

Under section 39 , the DVO becomes enforceable against the defendant when the declaration is made. Subsection (7) of this section specifies that notice of the declaration is not to be served on the defendant unless the person making the application consents to service.

(6)  However, a clerk of petty sessions cannot declare a general violence order to be a recognised DVO in Tasmania.

(7)  Notice of a declaration is not to be served on the defendant unless the person who makes the application consents to service.

Note

Under section 9 , a foreign order is taken to be made in any jurisdiction in which it is registered as a registered foreign order. Accordingly, this section extends to registered foreign orders.