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NATIONAL DOMESTIC VIOLENCE ORDER SCHEME ACT 2016 (NO. 53 OF 2016) - SECT 43

Duration of holding powers

    (1)     In section 18(2) of the Family Violence Protection Act 2008

        (a)     after " section 13(1)(a)" insert
"or section 13A(1)(a)";

        (b)     in paragraph (a), after "family violence intervention order is made" insert "or a recognised DVO is varied";

        (c)     in paragraph (c), after "family violence intervention order" insert "or a variation
of a recognised DVO".

    (2)     After section 18(2A) of the Family Violence Protection Act 2008 insert

    "(2B)     Despite subsection (1), in the case
of a direction given for the reason in section 13A(1)(b), the direction ends and, if a directed person is detained under this Division, authorisation for the detention ends

        (a)     if a police officer obtains a copy of the recognised DVO and that DVO has not been served—at the time the copy of the DVO is served on the directed person; or

        (b)     if a police officer obtains a copy of the recognised DVO and that DVO has been served—at the time the copy of the recognised DVO is obtained; or

        (c)     in any case, if a police officer becomes aware that the directed person is not a respondent to a recognised DVO.".

    (3)     In section 18(3) of the Family Violence Protection Act 2008

        (a)     after "notice" insert "or recognised DVO";

        (b)     after "directed person," insert "or a copy of the recognised DVO being obtained,".

    (4)     In the note at the foot of section 18(3) of the Family Violence Protection Act 2008 , for " Section 13 also requires" substitute
"Sections 13 and 13A also require".

    (5)     In the note at the foot of section 18(5) of the Family Violence Protection Act 2008 , for " Section 13 also requires" substitute
"Sections 13 and 13A also require".



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