Queensland Consolidated Acts

CHILD PROTECTION ACT 1999 - SECT 169

169 Consultation with chief executive before prosecution

(1) This section applies to—

(a) an offence against section 162 or 164 relating to the unlawful removal or keeping of a child in another State; or

(b) an offence against section 163 or 165 .

(2) A person must consult with the chief executive before starting proceedings against a person for the offence.

(3) However, subsection (2) does not apply to a police officer starting proceedings against a person for the offence by arresting the person if the police officer believes, in the circumstances, it is reasonably necessary to arrest the person without first consulting with the chief executive.

(4) If a police officer starts proceedings under subsection (3) by arresting a person without first consulting with the chief executive, the officer must notify the chief executive as soon as practicable after the arrest.

(5) Failure to comply with subsection (2) or (4) in relation to proceedings does not affect the validity of the proceedings.