Subdiv 3Enforcement of non‑local DVOs

Subdivision 3—Enforcement of non‑local DVOs 29L—Non‑local DVO to be treated as local DVO (1) A recognised DVO that is a non‑local DVO has the same effect in this jurisdiction as a local DVO. (2) A prohibition, restriction or condition imposed by a non‑local DVO has the same meaning as it would have in the jurisdiction in which the DVO was made, but may be enforced in this jurisdiction as if it were a prohibition, restriction or condition of a local DVO. 29M—Licences, permits and other authorisations (1) A law of this jurisdiction (a relevant law) that restricts the grant of an authorisation, or that authorises or requires an authorisation to be suspended or revoked, if a person is or has been subject to a local DVO extends to a person who is or has been subject to any non‑local DVO that is a recognised DVO (as if the non‑local DVO were a local DVO). (2) For the purposes of a relevant law— (a) a non‑local DVO that is a final DVO is to be treated in the same way as a local DVO that is a final DVO; and (b) a non‑local DVO that is an interim DVO is to be treated in the same way as a local DVO that is an interim DVO. (3) In this section— authorisation includes a licence or permit; grant includes issue. 29N—Recognition of disqualification to hold firearms licence (1) If a non‑local DVO that is a recognised DVO disqualifies a person from holding a non‑local firearms licence, or type of non‑local firearms licence, the person is also disqualified from holding a local firearms licence of the same type. (2) The Registrar of Firearms must revoke any local firearms licence held by a person, or refuse to issue a local firearms licence to a person, if the person is so disqualified from holding the firearms licence by a recognised DVO. (3) A recognised DVO disqualifies a person from holding a non‑local firearms licence, or type of non‑local firearms licence, if the DVO expressly— (a) disqualifies the person from holding a non‑local firearms licence, or type of non‑local firearms licence; or (b) revokes or requires the person to surrender a non‑local firearms licence, or type of non‑local firearms licence, held by the person. (4) In this section— local firearms licence means a licence, permit or other authorisation under the Firearms Act 1977 or the Firearms Act 2015; non‑local firearms licence means a licence, permit or other authorisation to possess a firearm issued under the law of another jurisdiction or country. 29O—Orders for costs (1) A non‑local DVO, to the extent that it requires the payment of money, cannot be enforced in this jurisdiction. (2) The recognition of a DVO made in another jurisdiction does not confer power on a court or tribunal of this jurisdiction to award costs in respect of any proceedings relating to the DVO that occurred in another jurisdiction. (3) This section does not prevent the Court awarding costs in respect of any proceedings in this jurisdiction relating to the variation or revocation of a recognised DVO. Division 3—Variation and revocation of recognised non‑local DVOs 29P—Power of Court to vary or revoke recognised non‑local DVOs (1) The Court may vary or revoke a recognised DVO that is a non‑local DVO in accordance with this Division as if the DVO were a local DVO. (2) The Court cannot vary or revoke a non‑local DVO if it is a kind of DVO that cannot be varied or revoked by a court in the jurisdiction in which the DVO was made. (3) A variation to or revocation of a recognised DVO that is done under this Division is not limited in its operation to this jurisdiction. (4) This Division does not apply to the variation or revocation of a foreign order that is registered as a registered foreign order in this jurisdiction. (5) To avoid doubt, if the Court varies a recognised DVO that was made in another jurisdiction, the other jurisdiction continues to be treated, for the purposes of this Part, as the jurisdiction in which the DVO was made. 29Q—Application for variation or revocation of recognised non‑local DVO (1) An application for the variation or revocation of a recognised DVO that is a non‑local DVO may be made to the Court as if it were an application for variation or revocation of a local DVO by a person who would be able to make the application if the DVO were a local DVO. (2) An application— (a) is to be made in accordance with any requirements that would apply if the DVO were a local DVO; and (b) may be dealt with (subject to this Division) as if the DVO were a local DVO. 29R—Decision about hearing of application (1) On an application for variation or revocation of a non‑local DVO, the Court may decide to hear the application or decline to hear the application. (2) In making that decision, the Court may consider the following matters (to the extent relevant): (a) the jurisdiction in which the defendant and the protected person or persons under the DVO generally reside or are employed; (b) any difficulty the respondent to the proceedings may have in attending the proceedings; (c) whether there is sufficient information available to the Court in relation to the DVO and the basis on which it was made; (d) whether any proceedings are being taken in respect of an alleged contravention of the DVO and the jurisdiction in which those proceedings are being taken; (e) the practicality of the applicant (if not the defendant under the DVO) applying for and obtaining a local DVO against the defendant with similar prohibitions or restrictions; (f) the impact of the application on children; (g) any other matter the Court considers relevant. (3) Without limiting the Court’s power to decline to hear an application, the Court may decline to hear the application if the Court is satisfied that there has been no material change in the circumstances on which the making of the order was based and that the application is in the nature of an appeal against the order. (4) For the purpose of exercising its functions under this Division, the Court may have regard to any information that the Court considers relevant about the making or variation of a DVO that is provided by an issuing authority of any other jurisdiction. Division 4 enables the Court to obtain information about DVOs from other jurisdictions. (5) The Court must refuse to hear an application for variation or revocation made by the defendant during any period in which, under the law of the issuing jurisdiction for the DVO, the defendant is not entitled to apply for the variation or revocation of the DVO in the issuing jurisdiction. (6) In this section, the respondent to an application for variation or revocation of a DVO means— (a) in the case of an application made by the defendant under the recognised DVO—the protected person or persons under the recognised DVO; and (b) in any other case—the defendant under the recognised DVO. Division 4—Exchange of information 29S—Issuing authorities may obtain DVO information An issuing authority of this jurisdiction may obtain information about a DVO from an issuing authority of another jurisdiction, or from a local or interstate law enforcement agency, and use that information for the purpose of exercising its functions under this Part. 29T—Issuing authorities must provide DVO information (1) An issuing authority of this jurisdiction that makes, varies or revokes a DVO must provide to a court of another participating jurisdiction any information about the DVO that the court reasonably requests for the purpose of exercising its functions under a corresponding law. (2) An issuing authority of this jurisdiction that makes, varies or revokes a DVO must provide to a local or interstate law enforcement agency any information about the DVO that the law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions. 29U—Law enforcement agencies may obtain DVO information A local law enforcement agency may obtain information about a DVO from an issuing authority of this or another jurisdiction, or from an interstate law enforcement agency, and use that information for the purpose of exercising its law enforcement functions. 29V—Information to be provided to law enforcement agencies A local law enforcement agency must provide to an interstate law enforcement agency any information it holds about a DVO that the interstate law enforcement agency reasonably requests for the purpose of exercising its law enforcement functions. Division 5—Miscellaneous 29W—Certificate evidence—notification (1) An authorised officer of this jurisdiction may issue a certificate in writing certifying any of the following matters: (a) that the making of a local DVO has been properly notified under this Act; (b) that a variation to a DVO that was done in this jurisdiction has been properly notified under this Act. (2) The certificate is admissible in evidence in any proceedings 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 any proceedings and is evidence of the matters certified: (a) that the making of a DVO in that jurisdiction has been properly notified under the law of that jurisdiction; (b) that a variation to a DVO that was done in that jurisdiction has been properly notified under the law of that jurisdiction. (4) In any 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 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 variation of a DVO has been properly notified under the law of that jurisdiction; authorised officer of this jurisdiction means— (a) a registrar of the Court; or (b) a police officer of or above the rank of sergeant.