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DOMESTIC VIOLENCE ORDERS (NATIONAL RECOGNITION) ACT 2016 (NO. 29 OF 2016) - SCHEDULE 1
- Consequential Amendments
SCHEDULE 1 - Consequential Amendments Section 34
Bail Act 1994
1. Section 5(3A) is amended by inserting after paragraph
(ba) the following paragraph: (bb) a condition of a recognised DVO, within the
meaning of the Domestic Violence Orders (National Recognition) Act 2016 ;
Family Violence Act 2004 1. Section 4 is amended by omitting
"another State or Territory of the Commonwealth or" from the definition of
external family violence order .
2. Section 11 is amended by inserting after subsection (5)
the following subsection:
(6) A police officer may detain a person for a period reasonably
required to enable the police officer to determine the status of a non-local
DVO , as defined in the
Domestic Violence Orders (National Recognition) Act 2016 .
3. Section 14(1) is amended by omitting "A police officer"
and substituting "Subject to section 14(2) of the
Domestic Violence Orders (National Recognition) Act 2016 , a police officer" .
4. Section 32(1) is amended by inserting "or under the
Domestic Violence Orders (National Recognition) Act 2016 " after "Act" .
Firearms Act 1996 1. Section 51 is amended as follows: (a)
by inserting in subsection (1) "or a recognised DVO, within the meaning of the
Domestic Violence Orders (National Recognition) Act 2016 " after "violence
order" ;
(b) by inserting in subsection (7)(b) "or recognised DVO, within the
meaning of the Domestic Violence Orders (National Recognition) Act 2016 "
after "police family violence order" .
2. Section 53 is amended as follows: (a) by inserting in
subsection (1) ", recognised DVO, within the meaning of the
Domestic Violence Orders (National Recognition) Act 2016 ," after "interim
family violence order" ;
(b) by inserting in subsection (2)(a) ", recognised
DVO, within the meaning of the
Domestic Violence Orders (National Recognition) Act 2016 ," after "restraint
order" .
Justices Act 1959 1. Section 34(2) is amended as follows:
(a) by omitting from paragraph (b) "violence." and substituting "violence;
and" ;
(b) by inserting the following paragraph after paragraph (b) : (c) must
take into account whether a recognised DVO, within the meaning of the
Domestic Violence Orders (National Recognition) Act 2016 , is in force under
that Act in respect of that person.
2. Section 144(4) is amended by inserting after paragraph
(cg) the following paragraph: (ch) the practice and procedure relating to
matters arising under the
Domestic Violence Orders (National Recognition) Act 2016 ;
Police Offences Act 1935 1. Section 15D(6) is amended by
inserting after paragraph (f) the following paragraph: (fa) whether a
recognised DVO, within the meaning of the
Domestic Violence Orders (National Recognition) Act 2016 , is in force under
that Act in respect of the person;
2. Section 15E(6) is amended by inserting after paragraph
(e) the following paragraph: (ea) whether a recognised DVO, within the meaning
of the Domestic Violence Orders (National Recognition) Act 2016 , is in force
under that Act in respect of the person;
Residential Tenancy Act 1997 1. Section 57(2B) is amended as
follows: (a) by omitting from paragraph (a)(ii) "Act; and" and substituting
"Act; or" ;
(b) by inserting the following subparagraph after subparagraph
(ii) in paragraph (a) : (iii) a recognised DVO, within the meaning of the
Domestic Violence Orders (National Recognition) Act 2016 , is in force under
that Act; and
(c) by omitting from paragraph (b) "or PFVO" and substituting ",
PFVO or recognised DVO" .
Sentencing Act 1997 1. Section 27G(2) is amended by
inserting after paragraph (b) the following paragraph: (ba) the offender must
comply with any recognised DVO, within the meaning of the
Domestic Violence Orders (National Recognition) Act 2016 in force under that
Act;
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