Contravention of enforceable recognised FVOs
125 Contravention of enforceable recognised FVOs
A non-local FVO that is a recognised FVO and which is enforceable against a respondent in the ACT may be enforced in the ACT as if—
it were a local FVO; and
the respondent had been properly notified of the making of the FVO under territory law.
A recognised amendment to a non-local FVO that is a recognised FVO and which is enforceable in the ACT may be enforced in the ACT as if it were an amendment of a local FVO.
A recognised amendment to a recognised FVO made in another jurisdiction that is enforceable against the respondent in the ACT may be enforced as if the respondent had been properly notified of the variation under territory law.
This section does not affect the operation of the Criminal Code, part 2.7 (Geographical application).
The Criminal Code, pt 2.7 extends the application of a territory law that creates an offence beyond the territorial limits of the ACT (and Australia) if the required geographical nexus exists for the offence.
If a respondent contravenes a recognised FVO and has been punished for the contravention in another jurisdiction, the respondent is not liable to be punished for the contravention under this Act (see Legislation Act, s 191 (2)).
Subdivision 9.2.3 Enforcement of non-local FVOs
This Act’s bill:Explanatory statementSecond reading speech
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