Part 3ANational recognition of domestic violence orders

Part 3A—National recognition of domestic violence orders Division 1—Preliminary 29A—Interpretation In this Part, unless the contrary intention appears— corresponding law means a law, or part of a law, of a State or a Territory of the Commonwealth declared by the regulations to be a corresponding law for the purposes of this Part; domestic violence order or DVO means a local DVO, an interstate DVO or a foreign intervention order; foreign intervention order does not include an order (whether registered or not under Part 4) that is declared by the regulations not to be a foreign intervention order for the purposes of this Part; general violence order means— (a) an intervention order under this Act; or (b) a violence restraining order under the corresponding law of Western Australia, other than an order under that corresponding law declared by the regulations not to be a general violence order for the purposes of this paragraph; interim DVO means a DVO that is of an interim or a provisional nature and includes— (a) an interim intervention order under this Act; and (b) a DVO made by a police officer under a corresponding law; and (c) an emergency order made under the corresponding law of the Australian Capital Territory; and (d) a temporary protection order made under the corresponding law of Queensland; and (e) a DVO declared by the regulations to be an interim DVO; interstate DVO means an order, or order of a type, made under a corresponding law that is declared by the regulations to be an interstate DVO for the purposes of this Part; interstate law enforcement agency means— (a) a police force of a participating jurisdiction; or (b) an agency of a participating jurisdiction responsible for enforcing DVOs in that jurisdiction; issuing authority includes a court or person with power to make, vary or revoke a DVO under the law of a participating jurisdiction; issuing jurisdiction, in respect of a DVO, means the jurisdiction in which the DVO is made; local law enforcement agency means South Australia Police; local DVO—a reference to a local DVO is a reference to an intervention order (within the meaning of section 3(1)) that addresses a domestic violence concern; make includes issue; non‑local DVO means an interstate DVO or a foreign intervention order; participating jurisdiction means this jurisdiction or a jurisdiction in which a corresponding law is in force; properly notified—see section 29J; protected person means a person for whose protection or benefit a DVO is made; recognised DVO—see section 29D; registered foreign order—see section 29B; revoke includes cancel. 29B—Registered foreign orders (1) A registered foreign order means a foreign order that is— (a) a foreign intervention order registered under Part 4; or (b) an order declared by the regulations to be a registered foreign order for the purposes of this Part. (2) A registered foreign order is neither a local DVO nor an interstate DVO. (3) For the purpose of this Part, a registered foreign order— (a) will be taken to be made in the jurisdiction in which it is registered as a registered foreign order; and (b) will be taken to be made when it becomes a registered foreign order in that jurisdiction; and (c) will be taken to have been varied or revoked if its registration as a registered foreign order is varied or revoked. (4) A power conferred by this Part to vary or revoke a registered foreign order is a power to vary or revoke registration of the order as a registered foreign order. 29C—Domestic violence concern (1) A violence restraining order under the corresponding law of Western Australia will be taken to address a domestic violence concern for the purposes of this Part if the order is made because the defendant has committed, or because it is feared the defendant will commit, an act of family and domestic violence (within the meaning of that corresponding law). (2) A general violence order will be taken to be an order that addresses a domestic violence concern for the purposes of this Part if— (a) it is declared to be an order that addresses a domestic violence concern by the issuing authority that makes the order; or (b) a registrar of a court of the jurisdiction in which the order was made makes an order declaring the DVO to be a recognised DVO in that jurisdiction. (3) The Governor may make regulations for the purposes of this section including so as to modify what may be taken to address a domestic violence concern in a participating jurisdiction. Division 2—National recognition of DVOs