Div 6Transitional provisions

Division 6—Transitional provisions Subdivision 1—Preliminary 29X—Interpretation In this Division— commencement date means the date on which this Part commences. 29Y—Enforcement of DVOs under other provisions (1) Subject to subsection (3), this Part does not affect the enforceability in this jurisdiction, otherwise than under this Part, of any local DVO made before the commencement date. (2) Subject to subsection (3), this Part does not affect the enforceability in this jurisdiction, otherwise than under this Part, of any interstate DVO or foreign order registered in this jurisdiction, before the commencement date, under Part 4. (3) However, a DVO made in this jurisdiction before the commencement date can be superseded under section 29G, on or after the commencement date, by a recognised DVO that is made later. Subdivision 2—DVOs to which scheme applies 29Z—DVOs made in this jurisdiction Division 2 applies to any local DVO or foreign DVO that is made in this jurisdiction on or after the commencement date. 29ZA—DVOs made in other jurisdictions (1) Division 2 applies to any DVOs made in another participating jurisdiction that are recognised DVOs in that jurisdiction under the corresponding law for that jurisdiction. (2) To avoid doubt, section 29D extends to the following DVOs: (a) any interstate DVO that was made in another participating jurisdiction before the commencement date that is a recognised DVO in that jurisdiction; (b) any foreign order that became a registered foreign order in another participating jurisdiction before the commencement date that is a recognised DVO in that jurisdiction. (3) Sections 29E and 29F extend to any variation or revocation of a DVO referred to in subsection (2), that was done in a participating jurisdiction before the commencement date, as if the DVO were a recognised DVO. (4) However, a non‑local DVO, and any variation to a non‑local DVO, does not become enforceable against the defendant in this jurisdiction, under this Part, until the commencement date (even if the making of the DVO, or variation, was properly notified before that date). Subdivision 3—Extension of scheme to older DVOs 29ZB—DVOs declared to be recognised DVOs (1) Each of the following DVOs is also taken to be a recognised DVO: (a) a DVO that is declared by the Court to be a recognised DVO in this jurisdiction under Subdivision 4; (b) a DVO that is declared by a registrar of a court of another participating jurisdiction to be a recognised DVO in that jurisdiction under a corresponding law. (2) A recognised DVO referred to in subsection (1) becomes enforceable against the defendant in this jurisdiction, under this Part, when the declaration is made (despite section 29H). 29ZC—DVOs declared to be recognised in other jurisdictions before commencement date (1) To avoid doubt, section 29ZB extends to a DVO declared by a registrar of a court of another participating jurisdiction to be a recognised DVO before the commencement date. (2) Sections 29E and 29F extend to any variation or revocation of a DVO referred to in subsection (1), that was done in a participating jurisdiction before the commencement date, as if the DVO were a recognised DVO. (3) However, the DVO, and any variation to the DVO, does not become enforceable against the defendant in this jurisdiction, under this Part, until the commencement date. Subdivision 4—Power to declare DVO to be recognised 29ZCA—Interpretation In this Subdivision— Court means— (a) the Magistrates Court of South Australia; or (b) the Youth Court of South Australia. 29ZD—Power to declare DVO to be recognised (1) The Court may, by order, declare any DVO made in any jurisdiction to be a recognised DVO in this jurisdiction. (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 this jurisdiction. (3) The jurisdiction in which the DVO was made does not have to be a participating jurisdiction. (4) The Court must make a declaration under this section if an application for the declaration is made in accordance with this Subdivision, unless the Court decides to refuse to make the declaration in the interests of justice. (5) Without limiting subsection (4), the Court may refuse to make the declaration if 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. Under section 29ZB, the DVO becomes enforceable against the defendant when the declaration is made. Notice of the declaration is not to be served on the defendant unless the person making the application consents to service. (6) However, the Court cannot declare a general violence order to be a recognised DVO in this jurisdiction unless the order was made in this jurisdiction. (7) Notice of a declaration is not to be served on the defendant unless the person who makes the application consents to service. Under section 29B, 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. 29ZE—Application for order (1) An application for a declaration that a DVO is a recognised DVO in this jurisdiction may be made by any person who would be able to make an application for variation of the DVO if the DVO were a recognised DVO. (2) The application must be made in accordance with the rules of the Court. It is only necessary to make an application in 1 participating jurisdiction. Under section 29ZB, once a declaration is made in any participating jurisdiction, the DVO will be treated as a recognised DVO in all participating jurisdictions. 29ZF—Declarations relating to general violence orders (1) An application for a declaration that a general violence order is a recognised DVO may be made as if the order were a DVO. (2) Before making the declaration, the Court must decide whether the order addresses a domestic violence concern (and, accordingly, is a DVO). (3) The Court is not to make the declaration unless the Court decides that the order addresses a domestic violence concern.