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CHILD PROTECTION (OFFENDER PROHIBITION ORDER) ACT 2008 No. 17 - SECT 51

51 Evidentiary provisions

(1) An averment in a complaint that--

(a) a stated person was served with a copy of a stated offender prohibition order, stated corresponding order or stated registered corresponding order by a stated process server on a stated date; or
(b) a stated process server was authorised to serve a stated corresponding order; or
(c) the respondent for an offender prohibition order or corresponding order was present in court when the order was made; or
(d) the respondent for a registered corresponding order was present in court when the order was registered;
is evidence of the stated matters.

(2) An affidavit by a stated process server stating the date, time and way the process server served a stated offender prohibition order on a stated person is evidence of the stated matters.

(3) If a defendant intends to challenge a matter stated in any of the following paragraphs at a hearing in a proceeding for an offence against this Act, the defendant must give written notice of the challenge to the prosecution at least 3 business days before the day fixed for the hearing--

(a) an averment mentioned in subsection (1);
(b) an affidavit mentioned in subsection (2).

(4) In this section--

court, in relation to the making of a corresponding order, means any court or judicial officer of another jurisdiction that made the order.

process server means--

(a) a police officer; or
(b) in relation to a registered corresponding order, a member of the police force of the jurisdiction where the order was made or another person authorised under the law of that jurisdiction to serve the order.


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