Victorian Numbered Acts

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NATIONAL DOMESTIC VIOLENCE ORDER SCHEME ACT 2016 (NO. 53 OF 2016) - SECT 4

Definitions

In this Act—

"corresponding law" means a law of another jurisdiction that—

        (a)     contains provisions that substantially correspond to this Act; or

        (b)     a prescribed law;

"domestic violence concern"—see section 8;

"DVO" means—

        (a)     a local DVO; or

        (b)     an interstate DVO; or

        (c)     a foreign order;

"family violence intervention order" means a family violence intervention order within the meaning of section 11 of the Family Violence Protection Act 2008 ;

"family violence safety notice" means a family violence safety notice within the meaning of section 4 of the Family Violence Protection Act 2008 ;

"final order" means a DVO that is not an interim DVO;

"foreign order" means a New Zealand DVO;

"general violence order "means—

        (a)     an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 of South Australia; or

        (b)     a violence restraining order under the Restraining Orders Act 1997 of Western Australia, other than—

              (i)     a violence restraining order made under section 11B of that Act; or

              (ii)     a police order under that Act;

"interim DVO" means a DVO that is of an interim or provisional nature and, to avoid doubt, includes the following—

        (a)     any DVO made by a police officer;

        (b)     a temporary protection order under the  Domestic and Family Violence Protection Act 2012 of Queensland;

        (c)     any DVO prescribed to be an interim DVO;

"interstate DVO"—see section 6;

"interstate law enforcement agency" means—

        (a)     the police force of another jurisdiction; or

        (b)     any other agency of another jurisdiction responsible for the enforcement of DVOs in that jurisdiction;

"issuing authority" means a court or person with power to make, vary or revoke a DVO under the law of a participating jurisdiction;

"issuing jurisdiction", in relation to a DVO, means the jurisdiction in which the DVO is made;

"jurisdiction "means a State or a Territory;

"local DVO"—see section 5;

"local law enforcement agency" means Victoria Police;

"make", in relation to a DVO, includes issue;

"New Zealand DVO "means an order made under the Domestic Violence Act 1995 of New Zealand or under an Act repealed by that Act;

"non-local DVO" means—

        (a)     an interstate DVO; or

        (b)     a foreign order;

"participating jurisdiction" means the following jurisdictions—

        (a)     Victoria;

        (b)     a jurisdiction in which a corresponding law is enacted;

"properly notified"—see section 16;

"protected person "means a person for whose protection or benefit a DVO is made;

"recognised DVO"—see sections 10 and 36;

"recognised variation"—see section 11;

"registered foreign order"—see section 7;

"respondent" means a person against whom a DVO is made;

"revoke", in relation to a DVO, includes cancel;

"vary", in relation to a DVO, includes the following—

        (a)     amend or modify the DVO;

        (b)     add further conditions, prohibitions or restrictions to the DVO or vary or delete conditions, prohibitions or restrictions;

        (c)     extend or reduce the period for which the DVO remains in force.



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