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s 103ZK

Power to declare DVO to be recognised

In force
Chapter 3ANational recognition of domestic violence orders
Part 3A.6Provisions consequential on enactment of Domestic and Family Violence (Recognition of Domestic Violence Orders) (National Uniform Law) Amendment Act 2017
Division 4Power to declare DVO to be recognised

103ZK Power to declare DVO to be recognised

(1)

A registrar may, by order, declare any DVO made in any jurisdiction to be a recognised DVO in the Territory.

(2)

A declaration may be made in relation to any DVO made in any jurisdiction that is in force in the issuing jurisdiction and is not a recognised DVO in the Territory.

(3)

The jurisdiction in which the DVO was made does not have to be a participating jurisdiction.

(4)

A registrar must make a declaration under this section if an application for the declaration is made in accordance with this Part, unless the registrar decides to refuse to make the declaration in the interests of justice.

(5)

Without limiting subsection (4), the registrar may refuse to make the declaration if the registrar is not satisfied that the respondent has been properly notified of the making of the DVO under the law of the jurisdiction in which the DVO was made.

Note for subsection (5)

Under section 103ZH, the

DVO becomes enforceable against the respondent when the declaration is made. Subsection (7) specifies that notice of the declaration is not to be served on the respondent unless the person making the application consents to service.

(6)

However, a registrar cannot declare a general violence order to be a recognised DVO in the Territory.

(7)

Notice of a declaration is not to be served on the respondent unless the person who makes the application consents to service.

Note for section 103ZK

Under section 103D, a foreign order is taken to be made in any jurisdiction in which it is registered as a registered foreign order. Accordingly, this section extends to registered foreign orders.

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