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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 98ZZB Power to declare DVO to be recognised

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

Power to declare DVO to be recognised

98ZZB Power to declare DVO to be recognised

(1) A registrar may, by order, declare any DVO made in any jurisdiction to be a recognised DVO in New South Wales.
(2) A declaration may be made in relation to any DVO made in any jurisdiction that is in force in the issuing jurisdiction and is not a recognised DVO in New South Wales.
(3) The jurisdiction in which the DVO was made does not have to be a participating jurisdiction.
(4) A registrar must make a declaration under this section if an application for the declaration is made in accordance with this Subdivision, unless the registrar decides to refuse to make the declaration in the interests of justice.
(5) Without limiting subsection (4), the registrar may refuse to make the declaration if the registrar is not satisfied that the defendant has been properly notified of the making of the DVO under the law of the jurisdiction in which the DVO was made.
Note : Under section 98ZY, the DVO becomes enforceable against the defendant when the declaration is made. Subsection (7) of this section specifies that notice of the declaration is not to be served on the defendant unless the person making the application consents to service.
(6) However, a registrar cannot declare a general violence order to be a recognised DVO in New South Wales.
(7) Notice of a declaration is not to be served on the defendant unless the person who makes the application consents to service.
Note : Under section 98X, a foreign order is taken to be made in any jurisdiction in which it is registered as a registered foreign order. Accordingly, this section extends to registered foreign orders.