New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 3

3 Definitions

(1) In this Act--

"applicant officer" --see section 25.

"apprehended domestic violence order" means an order under Part 4.

"apprehended personal violence order" means an order under Part 5.

"apprehended violence order" means--

(a) a final apprehended violence order, or

(b) an interim apprehended violence order.

"apprehended violence order proceedings" means proceedings under this Act in relation to an apprehended violence order or an application for an apprehended violence order.

"authorised officer" has the same meaning as in the Law Enforcement (Powers and Responsibilities) Act 2002 and includes the Registrar of the Children's Court.

"child" means a person under the age of 16 years.

"Children's Magistrate" includes the President of the Children's Court.

"Commonwealth Criminal Code" means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.

"court" means--

(a) the Local Court, or

(b) the Children's Court,

exercising jurisdiction under section 91.

"defendant" means the person against whom an apprehended violence order is made or is sought to be made.

"domestic abuse" --see section 6A.

"domestic relationship" --see section 5.

"domestic violence offence" --see section 11.

"final apprehended violence order" means an apprehended domestic violence order or an apprehended personal violence order.

"interim apprehended domestic violence order" means an interim apprehended domestic violence order made by a court or Registrar under Part 6 or an authorised officer or senior police officer under Part 7.

"interim apprehended personal violence order" means an interim apprehended personal violence order made by a court or Registrar under Part 6 or an authorised officer under Part 7.

"interim apprehended violence order" means an interim court order or a provisional order.

"interim court order" means an interim apprehended domestic violence order or an interim apprehended personal violence order made by a court or registrar of a court under Part 6.

"intimidation" --see section 7.

"issuing officer" --see section 25.

"non-local domestic violence order" means a non-local DVO within the meaning of Part 13B.

"parent" has the same meaning as in the Children and Young Persons (Care and Protection) Act 1998 .

"personal violence offence" --see section 4.

"property recovery order" means a property recovery order made under section 37.

"protected person" means the person for whose protection an apprehended violence order is sought or made.

"provisional order" means an interim apprehended domestic violence order or an interim apprehended personal violence order made under Part 7.

"Registrar" means a Registrar of the Local Court or the Registrar of the Children's Court.

"relative" --see section 6.

"senior police officer" means a police officer of or above the rank of sergeant.

"stalking" --see section 8.

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) If an apprehended violence order is varied, a reference in this Act to the order is a reference to the order as so varied.

(3) A reference in this Act to a person being present in court includes a reference to a person being present in court by way of audio visual link, being facilities (including closed-circuit television) that enable audio and visual communication between persons at different places.

(4) A reference in this Act to a finding of guilt includes a reference to the making of an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 .

(5) Notes included in this Act do not form part of this Act.