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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 33A
Variation or revocation of provisional order on application of defendant
(1) A provisional order made by a senior police officer may be varied or
revoked on the application of the defendant by any court that deals, or is to
deal, with an application for an apprehended violence order, or variation of
an apprehended violence order, against that defendant.
(2) Despite subsection
(1), an application for variation or revocation of a provisional order must be
made by a police officer if the protected person or one of the
protected persons under the order is a child at the time of the application.
(3) Sections 73(1), (2), (4) and (6), 74(1) and (2), 76(2), (4) and (5) and
77(2)-(8) apply to the variation or revocation of a provisional order under
this section in the same way as they apply to the variation or revocation of a
final apprehended violence order or interim court order.
(4) In addition to
the requirements of section 73(4), a provisional order is not to be varied or
revoked on the application of the defendant under this section unless notice
of the application has been served on the Police Area Commander or Police
District Commander.
(5) The applicant officer or another police officer is
entitled to appear in proceedings for a variation or revocation of the
provisional order under this section.
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