Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 45

Variation, revocation or extension of corresponding interstate order

45. Variation, revocation or extension of corresponding interstate order



(1) The court, on application of a person referred to in subsection (2), may-

   (a)  vary a registered corresponding interstate order as it applies in
        Victoria; or

   (b)  extend the period during which a registered corresponding interstate
        order has effect in Victoria; or

   (c)  revoke the registration of a registered corresponding interstate
        order.

(2) Any of the following persons may make an application referred to in
subsection (1)-

   (a)  a person for whose protection a registered corresponding interstate
        order has been made;

   (b)  a person against whom a registered corresponding interstate order has
        been made;

   (c)  a police officer;

   (d)  a person who has been granted leave by the court to make an
        application.

(3) A court must not vary, extend or revoke a registered corresponding
interstate order on the application of a person, other than the person against
whom it was made, unless notice of the application has been served on the
person against whom the order was made.

(4) A court must not vary, extend or revoke a registered corresponding
interstate order on the application of the person against whom it was made
unless notice of the application has been served on the person for whose
protection the order was made.

(5) The registrar must arrange for notice of an application for the variation,
extension or revocation of an interstate summary protection order to be served
personally or in such other manner as the court hearing the application
directs.

(6) If the court varies or extends a registered corresponding interstate order
or revokes the registration of a corresponding interstate order, the registrar
must give notice of the variation, extension or revocation to-

   (a)  the court that made the order; and

   (b)  the Chief Commissioner of Police.

Division 2-New Zealand orders