Explanatory Statement Domestic and Family Violence Amendment Bill 2010 (Serial 128)
Tabled paper 1002
Tabled Papers for 11th Assembly 2008 - 2012; Tabled Papers; ParliamentNT
2010-10-20
Tabled By Delia Lawrie
Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.
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Tabled papers
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https://www.legislation.gov.au/Details/C2019C00042
https://hdl.handle.net/10070/281116
https://hdl.handle.net/10070/415216
9 While police DVOs must be confirmed by the CSJ in some circumstances, such as Police DVOs made in remote areas, there is a period of time before the order can be confirmed. In such situations it may be necessary, because of urgent circumstances, for the terms of the DVO to be varied. Clause 18 Amendment of section 65 (When application may be made) Clause 18 amends section 65 so that subsection 65(1) applies to a court DVO. This amendment is necessary in recognition of the insertion of the new subsection 65 (1 A).0 Clause 1.8 inserts a new subsection 65(1 A) to provide that a police officer may apply to a magistrate for an order varying a police DVO if, because of urgent circumstances, the terms of the Police DVO should be varied before the court hearing to confirm the DVO. Clause 19 Amendment of section 67 (Deciding application) Clause 19 amends section 67 by repealing subsection (2)(b) and replacing with a new subsection which provides that a Magistrate may vary a Court DVO or Police DVO and inserts a new subsection (2)(c) that a Magistrate may revoke a Police DVO. o This amendment is necessary in recognition of the ability of a police officer to make an application to vary a Police DVO. The amendment also provides that a Magistrate may revoke a Police DVO. Clause 20 Amendment of section 68 (Refusal to vary order) Clause 20 repeals does in the heading of section 68 and replaces it with the words must do. Amendment of section 69 (Variation order made)Clause 21 Clause 21 repeals does in the heading of section 69 and replaces it with the words must do.