Family Violence Act 2016
139Certificate evidence—notification
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139 Certificate evidence—notification (1) An authorised officer for the ACT may issue a certificate in writing certifying any of the following matters: (a) that the making of a local FVO has been properly notified under territory law; (b) that an amendment of an FVO that was done in the ACT has been properly notified under the territory law. Note Under the Electronic Transactions Act 2001, s 8 (1) a certificate may be given electronically in certain circumstances. (2) The certificate is admissible in evidence in a proceeding and is evidence of the matters certified. (3) A certificate in writing purporting to be signed by an authorised officer of another jurisdiction and certifying any of the following matters is admissible in evidence in a proceeding and is evidence of the matters certified: (a) that the making of an FVO in that jurisdiction has been properly notified under the law of that jurisdiction;
(b) that an amendment of an FVO that was done in that jurisdiction has been properly notified under the law of that jurisdiction. (4) In a document, the words ‘authorised officer’ after a signature are evidence that the person whose signature it purports to be is in fact an authorised officer. (5) In this section: authorised officer— (a) of another jurisdiction, means a person (whether or not designated as an authorised officer) who is authorised under the law of another jurisdiction to issue a certificate certifying that the making or amendment of an FVO has been properly notified under the law of that jurisdiction; and (b) for the ACT, means— (i) a registrar of an ACT court; or (ii) a police officer for the ACT of or above the rank of sergeant. Division 9.6 Application of pt 9—existing protection orders Subdivision 9.6.1 Preliminary 140 Meaning of commencement day—div 9.6 commencement day means the day this part commences. 141 Enforcement of FVOs under other provisions (1) This part does not affect the enforceability in the ACT, otherwise than under this part, of— (a) any local FVO made before the commencement day; or
(b) any interstate FVO or foreign order registered in the ACT, before the commencement day, under the Domestic Violence and Protection Orders Act 2008 (repealed), part 12 (Reciprocal arrangements). (2) However, an FVO made in the ACT before the commencement day can be superseded under section 122 (Recognised FVO prevails over earlier comparable FVOs), on or after the commencement day, by a recognised FVO that is made later. Subdivision 9.6.2 FVOs to which scheme applies 142 FVOs made in the ACT Division 9.2 applies to any local FVO or foreign FVO that is made in the ACT on or after the day the Crimes (Domestic and Personal Violence) Amendment (National Domestic Violence Orders Recognition) Act 2016 (NSW) commences.