Tasmanian Numbered Acts

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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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