New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 98

98 Variation etc of registered external protection orders

(1) In this section,
"prescribed person" means--

(a) a person for whose protection a registered external protection order has been made, or

(b) a person against whom a registered external protection order has been made, or

(c) a police officer, or

(d) a person to whom the appropriate court in which the external protection order has been registered has granted leave to make an application under this section.

(2) A prescribed person may apply to the appropriate court for one or more of the following--

(a) the variation of a registered external protection order as it applies in New South Wales,

(b) the extension or reduction of the period during which a registered external protection order has effect in its operation in New South Wales,

(c) the revocation of the registration of a registered external protection order.

(3) The appropriate court may determine the application by doing one or more of the following--

(a) by varying the order as it applies in New South Wales,

(b) by extending or reducing the period during which the order has effect in its operation in New South Wales,

(c) by revoking the registration.

(4) A registered external protection order is not to be varied or revoked on the application of a person referred to in subsection (1)(a), (c) or (d) unless notice of the application has been served on the person against whom the order has been made.

(5) A registered external protection order is not to be varied or revoked on the application of the person against whom the order has been made unless notice of the application has been served on the person for whose protection the order has been made.

(6) Notice of an application is to be served personally or in such other manner as the appropriate court hearing the application directs.

(7) A registered external protection order varied under subsection (3)(a) or (b) is registered for the period during which the order, as varied, has effect in its operation in New South Wales.