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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 98S Definitions

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 98S

Definitions

98S Definitions

In this Part--


"corresponding law" means a law of another jurisdiction that contains provisions that substantially correspond with this Part or a law of another jurisdiction that is declared by the regulations to be a corresponding law for the purposes of this Part.


"defendant" means the person against whom a DVO is made.


"domestic violence concern" --see section 98W.


"DVO" (or
"domestic violence order" ) means a local DVO, an interstate DVO or a foreign order.


"final DVO" 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,
(c) a temporary protection order under the Domestic and Family Violence Protection Act 2012 of Queensland,
(d) any DVO declared by the regulations to be an interim DVO.

"interstate DVO" --see section 98U.


"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" for a DVO means the jurisdiction in which the DVO is made.


"jurisdiction" means a State or Territory.


"local DVO" --see section 98T.


"local law enforcement agency" means the NSW Police Force.


"make" 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"New Zealand DVO" means an order made under the Domestic Violence Act 1995 of New Zealand or under an Act repealed by that Act.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 an interstate DVO or a foreign order.


"participating jurisdiction" means the following jurisdictions--
(a) New South Wales,
(b) a jurisdiction in which a corresponding law is enacted.

"properly notified" --see section 98ZE.


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


"recognised DVO" --see sections 98Y and 98ZY.


"recognised variation" --see section 98Z.


"registered foreign order" --see section 98V.


"revoke" includes cancel.


"vary" 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 in which the DVO remains in force.