Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 176U

176U Certificate evidence—notification

(1) A certificate signed by the police commissioner or the clerk of the court and stating the following is evidence of what it says—

(a) the making of a local order has been properly notified under this Act;

(b) a variation to a DVO that was done in Queensland has been properly notified under this Act.

(2) A certificate signed by an authorised officer of another State and stating the following matters is evidence of what it says—

(a) the making of a DVO in that State has been properly notified under the law of that State;

(b) a variation to a DVO that was done in that State has been properly notified under the law of that State.

(3) In a document, the words “authorised officer” after a signature are evidence that the person whose signature it purports to be is an authorised officer.

(4) If, in a criminal proceeding, the prosecuting authority intends to rely on a certificate under subsection (1) or (2) , it must, at least 20 business days before the hearing day, give a copy of the certificate to the defendant or the defendant’s lawyer.

(5) If the defendant intends to challenge a matter stated in the certificate, the defendant must, at least 15 business days before the hearing day, give the prosecuting authority notice, in the approved form, of the matter to be challenged.

(6) If the defendant acts under subsection (5) , the certificate stops being evidence of the matter to be challenged.

(7) In this section—

"authorised officer" , of another State, means a person (whether or not designated as an authorised officer) who is authorised under the law of that State to issue a certificate certifying a matter mentioned in subsection (2) (a) or (b) .