Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 33AF

33AF Evidentiary provision

(1) For section 33AC (1) (a) , a document purporting to be a copy of a notice given to the offender under section 33AB and endorsed with a certificate purporting to be signed by a relevant officer stating the matters mentioned in subsection (2) is evidence—

(a) that the notice was given to the offender as stated in the certificate; and

(b) if the notice was given to the offender in the way mentioned in section 33AB (2) (b) —that the address appearing on the notice is the address of the offender last known to the proper officer of the court.

(2) The matters are—

(a) the document is a copy of a notice given to the offender under section 33AB ; and

(b) the notice was given to the offender in a stated way mentioned in section 33AB (2) ; and

(c) if the notice was given to the offender in a way mentioned in section 33AB (2) (a) or (c) —the date the notice was given to the offender; and

(d) if the notice was given to the offender in the way mentioned in section 33AB (2) (b) —

(i) the document was posted to the address appearing on the notice, which was the address of the offender last known to the proper officer of the court; and

(ii) in the ordinary course of post, the notice would be delivered on the date stated in the endorsement.

(3) For section 33AC (1) (b) , a certificate purporting to be signed by the proper officer of the court stating that the offender has not complied with a notice given to the offender under section 33AB is evidence the offender has not complied with the notice.

(4) In this section—

"relevant officer" , in relation to a notice given to an offender under section 33AB , means—

(a) if the notice was given to the offender in the way mentioned in section 33AB (2) (a) —the person who served the notice personally on the offender; or

(b) otherwise—the proper officer of the court.