Australian Capital Territory Current Acts

FAMILY VIOLENCE ACT 2016 - SECT 115

In this part:

"corresponding law "means a law of another jurisdiction prescribed by regulation that contains provisions that substantially correspond with the provisions in this part.

"family violence concern"—see section 116.

"family violence order"—see FVO .

"final FVO" means an FVO that is not an interim FVO.

"foreign order" means—

        (a)     a New Zealand FVO; or

        (b)     a prescribed order.

"FVO" (or family violence order ) means a local FVO, an interstate FVO or a foreign order.

"general violence order" means—

        (a)     an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009

(SA); or

        (b)     a violence restraining order under the Restraining Orders Act 1997

(WA) other than—

              (i)     a family violence restraining order made under that Act

, section 10E; or

              (ii)     a police order under that Act.

"interim FVO" means an FVO that is of an interim or provisional nature and includes the following:

        (a)     an FVO made by a police officer;

Note     An after-hours order is an interim FVO for this part.

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

(Qld);

        (c)     an FVO prescribed by regulation.

"interstate FVO"—

        (a)     means an order of another jurisdiction prescribed by regulation; but

        (b)     does not include a registered foreign order.

"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 FVOs in that jurisdiction.

"issuing authority" means a court or person with power to make, amend or revoke an FVO under the law of a participating jurisdiction.

"issuing jurisdiction", for an FVO, means the jurisdiction in which the FVO is made.

"jurisdiction" means a State or the Territory.

Note     State includes the Northern Territory (see Legislation Act

, dict, pt 1).

"local FVO"—

        (a)     means a protection order or an after-hours order under this Act; but

        (b)     does not include a registered foreign order.

"local law enforcement agency" means the Australian Federal Police.

"make "includes issue.

New Zealand FVO means an order made under the Family Violence Act 2018

(NZ) or under an Act repealed by that Act.

"non-local FVO "means an interstate FVO or a foreign FVO.

"participating jurisdiction "means the following jurisdictions:

        (a)     the ACT;

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

"properly notified"—see section 117.

"recognised amendment"—see section 120.

"recognised FVO"—see section 119 and section 144.

"registered foreign order" means—

        (a)     a foreign order of another jurisdiction prescribed by regulation; or

        (b)     a foreign order registered under section 134B.