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PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 138

Effect of determination under section 136(2)(b)—general

    (1)     On and from making a determination under section 136(2)(b), the application for the family violence intervention order is taken, to the extent possible, to be an application for a personal safety intervention order and, subject to this Part—

        (a)     this Act applies as if—

              (i)     a reference in the application to an affected family member were a reference to an affected person; and

              (ii)     a reference in the application to family violence were a reference to prohibited behaviour or stalking; and

        (b)     the court may make any orders that it may make in respect of an application for a personal safety intervention order under this Act; and

        (c)     anything that has been done under the Family Violence Protection Act 2008 in relation to the application or the proceeding for the application is, to the extent possible, taken to have been done under this Act.

    (2)     This section applies whether or not the application for a family violence intervention order was made by issue of a family violence safety notice.

    (3)     Without limiting subsection (1)(c)—

        (a)     a summons issued under section 49 of the Family Violence Protection Act 2008 is taken to be a summons issued under section 20 of this Act; and

        (b)     a warrant to arrest issued under section 50 or 67A of the Family Violence Protection Act 2008 is taken to be a warrant issued under section 21 or 50 of this Act; and

        (c)     if the respondent has been granted bail, the bail conditions continue to apply; and

        (d)     a direction given under section 158(2) of the  Family Violence Protection Act 2008 is taken to be a direction given under section 115(2) of this Act.

    (4)     Despite subsection (1)(c), any order made under section 62, 70 or 150 of the Family Violence Protection Act 2008 ceases to apply on the making of a determination under section 136(2)(b).



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