Northern Territory Numbered Acts

JUSTICE LEGISLATION AMENDMENT (DOMESTIC AND FAMILY VIOLENCE) ACT 2023 (NO 33 OF 2023) - SECT 37

After section 146

insert

Part 7.7     Transitional matters for Justice Legislation Amendment (Domestic and Family Violence) Act 2023

147     Definitions

In this Part:

amending Act means the Justice Legislation Amendment (Domestic and Family Violence) Act 2023 .

"commencement" means the commencement of Part 2 of the amending Act.

148     Saving of DVOs

    (1)     Despite the repeal of Parts 2.4 to 2.10 by the amending Act:

    (a)     a court DVO, as defined in section 4 as in force immediately before the commencement, continues in force for the period specified in the DVO; and

    (b)     a police DVO, as defined in section 4 as in force immediately before the commencement, continues in force for the period specified in the DVO.

    (2)     A police DVO made under section 41, as in force immediately before the commencement, is taken to be a police DVO made under section 28.

    (3)     A court DVO made under section 82, as in force immediately before the commencement, is taken to be a court DVO made under section 48.

    (4)     For subsections (1) and (3), a reference to a court DVO includes a DVO as varied under Part 2.7 or 2.8, as in force immediately before the commencement.

    (5)     For subsections (1) and (2), a reference to a police DVO includes a police DVO as varied under Part 2.8, Division 2, or confirmed under Part 2.9, as in force immediately before the commencement.

149     Application of sections 123, 124, 124A and 124L

    (1)     Sections 123, 124, 124A and 124L, as amended by the amending Act, apply only in relation to offences committed after the commencement.

    (2)     Sections 123, 124, 124A and 124L, as in force before the commencement, continue to apply in relation to offences committed before the commencement.

    (3)     For this section:

    (a)     an offence is taken to be committed after the commencement only if all of the conduct constituting the offence occurred after the commencement; and

    (b)     any other offence is taken to be committed before the commencement.

150     Proceeding already started

Despite the repeal of Parts 2.4 to 2.10 by the amending Act, Parts 2.4 to 2.10, as in force immediately before the commencement, continue to apply in relation to a proceeding started before the commencement.