Subdiv 1General principles

Subdivision 1—General principles 29D—Recognition of DVOs (1) In this jurisdiction, each of the following DVOs is a recognised DVO: (a) a local DVO; (b) an interstate DVO made in another participating jurisdiction; (c) a foreign order that is a registered foreign order in any participating jurisdiction. (2) A DVO becomes a recognised DVO when it is made. A foreign order will be taken to be made when it is registered as a registered foreign order. (3) Subject to this Part, a DVO is a recognised DVO for the period for which it remains in force in the jurisdiction in which it is made. 29E—Variations to DVOs (1) A variation to a recognised DVO that is done in this or another jurisdiction is a recognised variation in this jurisdiction in the circumstances provided for by this section. (2) A variation to a local DVO is a recognised variation in this jurisdiction if the variation is done— (a) in this jurisdiction by a court or any other person authorised to do so under this Act; or (b) in another participating jurisdiction by a court under a corresponding law. (3) A variation to an interstate DVO or foreign order is a recognised variation in this jurisdiction if the variation is done— (a) in the issuing jurisdiction by a court or any other person authorised to do so under the law of the issuing jurisdiction; or (b) in any participating jurisdiction by a court under this Part or a corresponding law. The issuing jurisdiction for a foreign order is the jurisdiction in which the order is registered. (4) A variation is recognised from the time that it is done. 29F—Revocation of recognised DVO (1) A DVO ceases to be a recognised DVO if the DVO is revoked in this or another jurisdiction and that revocation is recognised in this jurisdiction. (2) A revocation of a local DVO is recognised in this jurisdiction if the revocation is done— (a) in this jurisdiction by the Court under this Act; or (b) in another participating jurisdiction by a court under a corresponding law. (3) A revocation of an interstate DVO or foreign order is recognised in this jurisdiction if the revocation is done— (a) in the issuing jurisdiction by a court or any other person authorised to do so under the law of the issuing jurisdiction; or (b) in any participating jurisdiction by a court under this Part or a corresponding law. (4) The DVO ceases to be a recognised DVO from the time it is revoked. 29G—Recognised DVO prevails over earlier comparable DVOs (1) A recognised DVO that is enforceable against a defendant in this jurisdiction (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). (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 1 or more of the same protected persons. 29H—Making of new orders (1) Nothing in this Part prevents a person from applying for, or an issuing authority from making, a local DVO even though there is a recognised DVO in force that applies to the same defendant. (2) However, a police officer is not to make a local DVO if the police officer is aware that there is already a recognised DVO that is enforceable against the defendant which— (a) applies to the same defendant and protected person; and (b) was made by a court of any jurisdiction.