Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 175

175 Meaning of properly notified

(1) The making of a local order is
"properly notified" under this Act if—

(a) for a local order that is a domestic violence order—the respondent is served with a copy of the order under section 133 (1) (a) or 184 or otherwise becomes enforceable against the respondent under section 177 (1) ; or

Note—

A domestic violence order becomes enforceable against a respondent under section 177 (1) when it is made (if the respondent is present in court), when it is served on the respondent or when a police office tells the respondent about the existence of the order and its conditions.

(b) for a local order that is a police protection notice—the respondent is served with the notice under section 109 or the notice otherwise takes effect under section 113 (1) ; or

Note—

A police protection notice takes effect under section 113 (1) when it is served on the respondent or when a police officer tells the respondent about the existence of the notice and its conditions.

(c) for a local order that is release conditions—the conditions are served on the respondent under section 124 (1) (e) .

Note—

See section 188 for additional requirements that apply if a document is required to be served on a child.

(2) The making of an interstate order is
"properly notified" under the law of the State in which it is made in the circumstances provided for by the corresponding law of that State.

(3) A variation to a recognised interstate order that is done in Queensland is
"properly notified" under this Act if—

(a) the respondent is served with a copy of the variation under section 184 ; or

Notes—

1 Under section 91 (5) , a court that varies a local order must make a copy of the order that states the details and conditions of the order after the variation. This is referred to in the Act as the
"varied order" .

2 Section 184 sets out the requirements for service of a varied order on the respondent.

(b) the variation otherwise takes effect under section 99 .

(4) A variation to a recognised interstate order or local order that is done in another State is
"properly notified" under the law of that State in the circumstances provided for by the corresponding law of that State.

(5) Despite subsections (1) and (2) , a registered foreign order is
"properly notified" —

(a) under this Act when it is registered under division 4 ; or

(b) under the law of another State when it is registered in that State.