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DOMESTIC AND FAMILY VIOLENCE PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 20

Amendment of s 102 (Approval of supervising police officer required)

20 Amendment of s 102 (Approval of supervising police officer required)

(1) Section 102—
insert—
(1A) However, if the police officer proposes to issue a police protection notice under section 101A , the supervising police officer—
(a) may give or refuse approval for—
(i) a person to be named in the notice; or
(ii) a condition to be imposed under section 106A ; but
(b) may not otherwise refuse to give the approval to issue the notice.
(2) Section 102(2)(b)—
omit, insert—
(b) who is not involved in investigating—
(i) for a notice being issued under section 101—the domestic violence mentioned in section 101(1)(a); or
(ii) for a notice being issued under section 101A —the domestic violence for which the respondent was taken into custody.
(3) Section 102(2)—
insert—
Note—
Section 106A(2)(d) also requires the supervising police officer to be of at least a particular rank if the police protection notice includes a condition under section 106A .
(4) Section 102(6), ‘subsection (4)’—
omit, insert—
subsection (5)
(5) Section 102(1A) to (6)—
renumber as section 102(2) to (7).



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