FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 175A Relationship with certain orders under the Sentencing Act 1991
FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 175A
Relationship with certain orders under the Sentencing Act 1991S. 175A(1) amended by No. 48/2018 s. 59(a).
(1) If a court makes a family violence intervention order in respect of a respondent that is inconsistent with a residence restriction or exclusion condition, a place or area exclusion condition or a curfew condition attached to a community correction order to which the respondent is subject at the time the family violence intervention order is made, the family violence intervention order prevails to the extent of any inconsistency.
S. 175A(1A) inserted by No. 53/2016 s. 74, amended by No. 48/2018 s. 59(a).
(1A) If a court of any jurisdiction makes a recognised DVO, or varies or extends a recognised DVO, in a way that is inconsistent with a residence restriction or an exclusion condition, a place or area exclusion condition or a curfew condition attached to a community correction order to which the respondent is subject at the time the recognised DVO is made, varied or extended, the recognised DVO prevails to the extent of any inconsistency.
S. 175A(2) amended by No. 48/2018 s. 59(b).
(2) In this section "community correction order", curfew condition , place or area exclusion condition and residence restriction or exclusion condition have the same meaning as in the Sentencing Act 1991 .
S. 175AC inserted by No. 26/2017 s. 18.