Explanatory Statement Domestic and Family Violence Amendment Bill 2010 (Serial 128)
Tabled paper 1002
Tabled papers for 11th Assembly 2008 - 2012; Tabled papers; ParliamentNT
Tabled By Delia Lawrie
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4 Clause 5. Amendment of section 22 (Premises access order) Clause 5 amends section 22 by repealing subsections (1)(a) and (b) and replacing them with new subsections which provide that a premises access order may be made in relation to premises where the defendant and protected person live together or previously lived together. The amendment is intended to ensure that a premises access order can be made in relation to a protected person who has left premises prior to obtaining the DVO. Clause 6. Amendment of section 23 (Order for replacement tenancy agreement)O Clause 6 amends section 23 by repealing subsection (1) and replaces it with a new subsection clarifying that the section applies if a premises access order is made for a premises where the defendant and protected person live together or previously lived together and the defendant and protected person are tenants of the premises. The amendment is intended to ensure that the section applies to premises access orders made in relation to a protected person who has left the premises prior to obtaining the DVO. Clause 6 also repeals subsection (2)(b) and replaces it with a new subsection which provides that an order may be made for a replacement tenancy agreement for the benefit of the protected person, or with the agreement of the protected person, for the benefit of the defendant. This amendment is intended to enable a replacement tenancy agreement for the benefit of the defendant in circumstances where the protected person does not want to remain as a tenant of the premises.
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