Victorian Current Acts Victorian Current ActsS. 189 (1) substituted by No. 52/2008 s. 248(1).
(1) A person who is a prohibited person referred to in paragraph (c)(i) of the definition of prohibited person in section 3(1) may apply to the Court for a declaration that the person—
(a) is deemed not to be a prohibited person by virtue of being or having been subject to a final order of a kind referred to in that subparagraph; or
(b) is so deemed for limited purposes only.
S. 189(1AA) inserted by No. 68/2008 s. 75(1).
(1AA) A person who is a prohibited person referred to in paragraph (c)(ib) of the definition of prohibited person in section 3(1) may apply to the Court for a declaration that the person—
(a) is deemed not to be a prohibited person by virtue of being or having been subject to an order of a kind referred to in that paragraph; or
(b) is so deemed for limited purposes only.
S. 189(1A) inserted by No. 22/1998 s. 39(1).
(1A) A person to whom paragraph (d) of the definition of prohibited person applies may apply to the Court for a declaration that the person—
(a) is deemed not to be a prohibited person; or
(b) is so deemed for limited purposes only.
S. 189(1B) inserted by No. 27/2018 s. 359(4).
(1B) A person who is a prohibited person referred to in paragraph (cc)(ii) of the definition of prohibited person in section 3(1) may apply to the Court for a declaration that the person—
(a) is deemed not to be a prohibited person by virtue of being or having been subject to a supervision order or an interim supervision order of a kind referred to in that subparagraph; or
(b) is so deemed for limited purposes only.
(2) The purposes for which the person is deemed not to be a prohibited person must be specified in the order.
S. 189(2A) inserted by No. 26/1997 s. 32.
(2A) A person who is making an application under this section must give 28 days written notice of that application to—
(a) the registrar of the Court; and
(b) the Chief Commissioner; and
S. 189(2A)(c) amended by Nos 22/1998 s. 39(2), 52/2008 s. 248(2), 68/2008 s. 75(2).
(c) in the case of an application under subsection (1) or (1AA), the person protected by the final order.
S. 189(2B) inserted by No. 26/1997 s. 32.
(2B) The—
(a) Chief Commissioner; and
S. 189(2B)(b) amended by Nos 22/1998 s. 39(3), 52/2008 s. 248(2), 68/2008 s. 75(3).
(b) in the case of an application under subsection (1) or (1AA), person protected by the final order—
may appear before the Court to be heard on the application.
S. 189(3) substituted by No. 22/1998 s. 39(4).
(3) In this section, "Court" means—
S. 189(3)(a) amended by No. 68/2008 s. 75(4).
(a) in the case of a person who was made the subject of an order referred to in subsection (1) or (1AA)—
(i) in Victoria, the court which made the order; or
S. 189(3)(a)(ii) amended by No. 53/2016 s. 101.
(ii) in another State or a Territory or in New Zealand, the Supreme Court; and
(b) in the case of a person to whom subsection (1A) applies—
(i) if a Victorian court found the person guilty, that court; or
S. 189(3)(b)(ii) amended by No. 27/2018 s. 359(5)(a).
(ii) if a court in another State or a Territory found the person guilty, the Supreme Court;
S. 189(3)(c) inserted by No. 27/2018 s. 359(5)(b).
(c) in the case of a person to whom subsection(1B) applies, the court that made the supervision order or the interim supervision order.
S. 189(4) inserted by No. 52/2008 s. 248(3).
(4) In the case of an application under subsection (1), the Court cannot hear the application until any appeal under the Family Violence Protection Act 2008 in relation to the final order has been determined.
S. 189(5) inserted by No. 68/2008 s. 75(5) (as amended by No. 20/2011 s. 8), amended by No. 53/2010 s. 221(Sch. item 5.3).
(5) In the case of an application under subsection (1AA), the Court cannot hear the application until any appeal under the Personal Safety Intervention Orders Act 2010 in relation to the final order has been determined.
S. 189(6) inserted by No. 27/2018 s. 359(6).
(6) In the case of an application under subsection (1B), the Court cannot hear the application until any appeal under the Serious Offenders Act 2018 in relation to the supervision order or the interim supervision order (as the case requires) has been determined.
S. 189A inserted by No. 26/1997 s. 33, amended by Nos 28/2003 s. 69, 78/2005 s. 60, 50/2007 s. 51, 44/2015 s. 8, 2/2018 s. 34.