Queensland Numbered Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2016 - SECT 45

45 Replacement of s 178 (Contravention of police protection notice)

Section 178—
omit, insert—

178 Contravention of police protection notice

(1) This section applies to a respondent in relation to whom a police protection notice is in force.

Note—

See section 113(1) for when a police protection notice takes effect.

(2) The respondent must not contravene the police protection notice.

Penalty—

Maximum penalty—120 penalty units or 3 years imprisonment.

(3) A court hearing proceedings for the prosecution of an offence against subsection (2) must consider whether the police protection notice was issued in substantial compliance with part 4, division 2.

(4) If the police protection notice took effect under section 113(1)(b), the prosecution bears the onus of proving, beyond a reasonable doubt, that the respondent has been told by a police officer about the existence of a police protection notice or about a condition of the notice the respondent is alleged to have contravened.