New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 33

33 Variation or revocation of provisional order on application of police officer

(1) A provisional order made by an authorised officer may be varied or revoked by--

(a) the authorised officer who made it or any other authorised officer, or

(b) any court dealing with an application for an apprehended violence order, or variation of an apprehended violence order, against the same defendant.

(2) A provisional order may be varied--

(a) by amending or deleting any prohibitions or restrictions specified in the order, or

(b) by specifying additional prohibitions or restrictions in the order.

(3) An application for a variation or the revocation of a provisional order under this section may be made only by a police officer.

(4) If there is more than one protected person under a provisional order, the order may be varied or revoked in its application to all of the protected persons or in relation to any one or more of the protected persons.

(5) Notice of the variation or revocation is to be served on the defendant, each protected person affected by the variation or revocation and the Commissioner of Police.

(7) This section does not apply to the variation or revocation of a provisional order in accordance with section 33A.