New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]


Provisional order taken to be application for court order

29 Provisional order taken to be application for court order

(1) A provisional order is taken, for the purposes of this Act, to be an application by the applicant officer under Part 10.
(2) The provisional order is to contain a direction for the appearance of the defendant at a hearing of the application by an appropriate court on a date specified in the order by the issuing officer.
(3) The specified date must be--
(a) the next date on which the matter can be listed on a domestic violence list at the appropriate court, and
(b) in any case, a date that is not more than 28 days after the making of the provisional order.
(3A) Failure to comply with the requirement under subsection (3)(b) does not affect the validity of the provisional order if the failure is due to court sitting arrangements that prevent the matter from being heard by the appropriate court.
(4) During the prescribed period, the reference to 28 days in subsection (3)(b) is taken to be a reference to 6 months.
(5) In this section--

"prescribed period" means the period--
(a) starting on the commencement of subsection (4), and
(b) ending on--
(i) the day that is 6 months after the commencement, or
(ii) the later day, not more than 12 months after the commencement, prescribed by the regulations.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback