Queensland Numbered Acts

CHILD PROTECTION (OFFENDER REPORTING) AND OTHER LEGISLATION AMENDMENT ACT 2017 - SECT 35

35 Amendment of s 77 (Evidentiary provisions)

(1) Section 77(1), ‘in a complaint’—
omit, insert—
by the prosecution

(2) Section 77—
insert—

(3) In a proceeding under this Act, a statement by the prosecution about the following matters is evidence of the matters—

(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;

(b) a stated process server was authorised to serve a stated corresponding order;

(c) the respondent for an offender prohibition order, or corresponding order, was present in court when the order was made;

(d) the respondent for a registered corresponding order was present in court when the order was registered.

(4) In a proceeding under this Act, 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.

(5) If a defendant intends to challenge a matter stated in either of the following paragraphs at a hearing in a proceeding for an offence against this part, 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) a statement mentioned in subsection (3);

(b) an affidavit mentioned in subsection (4).

(6) In this section—

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

"process server" means—

(a) a police officer; or

(b) in relation to a registered corresponding order—

(i) a member of the police force of the jurisdiction where the corresponding order was made; or

(ii) another person authorised under the law of that jurisdiction to serve the corresponding order.