New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 40

40 Interim apprehended violence order must be made on charge for certain offences

(1) When a person is charged with an offence that appears to the court to be a serious offence, the court must make an interim court order against the defendant for the protection of the person against whom the offence appears to have been committed whether or not an application for an order has been made.

(2) If an interim court order is made by the court, the court is to summon the defendant to appear at a further hearing of the matter on the determination of the charge against the person (instead of as soon as practicable after the order is made, as required by section 22(5)(a)).

(3) However, the court need not make an interim court order if it is satisfied that it is not required (for example, because an apprehended violence order has already been made against the person).

(4) The transcript of proceedings and any evidence admitted in the District Court or the Supreme Court in respect of a serious offence is admissible in the Local Court or Children's Court for the purposes of determining any one or more of the following--

(a) an application for the variation or revocation of an interim court order made under this section in respect of the serious offence,

(b) an application for a final apprehended violence order to be made in respect of any such interim court order,

(c) an application for the variation or revocation of any such final apprehended violence order.

(4A) In this section
"court" includes the District Court and the Supreme Court.

(5) In this section, a
"serious offence" means--

(a) attempted murder, or

(b) a domestic violence offence (other than murder, manslaughter or an offence under section 25A of the Crimes Act 1900 ), or

(c) an offence under, or mentioned in, the Crimes Act 1900 , section 33 or 35, or

(c1a) a prescribed sexual offence within the meaning of the Criminal Procedure Act 1986 , or

(c1) an offence under section 93AC (child forced marriage) of the Crimes Act 1900 or the Commonwealth Criminal Code, section 270.7B (Forced marriage offences), or

(d) an offence of attempting to commit an offence referred to in paragraph (b), (c), (c1a) or (c1), or

(e) an offence under section 13, or

(f) an offence under the law of the Commonwealth, another State or a Territory or of another country that is similar to an offence referred to in paragraph (a), (b), (c), (cla), (c1), (d) or (e).