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s 103H

Recognised DVO prevails over earlier comparable DVOs

In force
Chapter 3ANational recognition of domestic violence orders
Part 3A.2National recognition of DVOs
Division 1General principles

103H Recognised DVO prevails over earlier comparable DVOs

(1) A recognised DVO that is enforceable against a defendant in the Territory (a new DVO) supersedes:

(a)

any comparable recognised DVO made earlier than the new DVO; and

(b) any comparable local DVO made earlier than the new DVO (whether or not the local DVO is a recognised DVO).

(2) The earlier comparable DVO is superseded from the time the recognised DVO becomes enforceable against the defendant.

(3) A recognised DVO that is superseded ceases to be a recognised DVO.

(4)

A local DVO that is superseded is revoked.

(5) A DVO is not superseded to the extent that it relates to a protected person who is not a protected person under the new DVO.

(6) Accordingly, a DVO continues to be a recognised DVO, and to have effect, to the extent that it relates to a person who is not a protected person under the new DVO.

(7) A DVO made by a police officer does not supersede a comparable DVO made by a court (of any jurisdiction).

(8)

A DVO is comparable with another DVO if:

(a)

the DVOs are made against the same respondent; and

(b) the DVOs are made for the protection of one or more of the same protected persons.

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