QLDIn ForceAct
Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
sec.77CApplication of Evidence Act 1977 , s 53
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### sec.77C Application of Evidence Act 1977 , s 53
In a proceeding under part 3A , the relevant provision applies for the purpose of proving—
an offender prohibition order or another order made under part 3A ; or
a corresponding order; or
the registration of a corresponding order under part 3A .
For applying the relevant provision as mentioned in subsection (1) (a) —
a reference to a court in subsection (1) (a) to (f) of the relevant provision includes a reference to a magistrate; and
a reference to a court in subsection (1) (g) of the relevant provision, in relation to an order made by a magistrate, includes a reference to the court where the magistrate usually constitutes the court.
For applying the relevant provision as mentioned in subsection (1) (b) or (c) —
a reference to a court in subsection (1) (a) of the relevant provision includes—
a judicial officer of a court of another jurisdiction who has made a corresponding order; and
a registrar of a Magistrates Court who has registered a corresponding order; and
a reference to a court in subsection (1) (g) of the relevant provision includes a reference to the court where the corresponding order was registered.
In this section—
relevant provision means the Evidence Act 1977 , section 53 .
See also the Evidence Act 1995 (Cwlth) , sections 5 , 157 and 158 for proof of corresponding orders.
s 77C ins 2017 No. 14 s 36
(sec.77C-ssec.1) In a proceeding under part 3A , the relevant provision applies for the purpose of proving— an offender prohibition order or another order made under part 3A ; or a corresponding order; or the registration of a corresponding order under part 3A .
(sec.77C-ssec.2) For applying the relevant provision as mentioned in subsection (1) (a) — a reference to a court in subsection (1) (a) to (f) of the relevant provision includes a reference to a magistrate; and a reference to a court in subsection (1) (g) of the relevant provision, in relation to an order made by a magistrate, includes a reference to the court where the magistrate usually constitutes the court.
(sec.77C-ssec.3) For applying the relevant provision as mentioned in subsection (1) (b) or (c) — a reference to a court in subsection (1) (a) of the relevant provision includes— a judicial officer of a court of another jurisdiction who has made a corresponding order; and a registrar of a Magistrates Court who has registered a corresponding order; and a reference to a court in subsection (1) (g) of the relevant provision includes a reference to the court where the corresponding order was registered.
(sec.77C-ssec.4) In this section— relevant provision means the Evidence Act 1977 , section 53 . See also the Evidence Act 1995 (Cwlth) , sections 5 , 157 and 158 for proof of corresponding orders.
- (a) an offender prohibition order or another order made under part 3A ; or
- (b) a corresponding order; or
- (c) the registration of a corresponding order under part 3A .
- (a) a reference to a court in subsection (1) (a) to (f) of the relevant provision includes a reference to a magistrate; and
- (b) a reference to a court in subsection (1) (g) of the relevant provision, in relation to an order made by a magistrate, includes a reference to the court where the magistrate usually constitutes the court.
- (a) a reference to a court in subsection (1) (a) of the relevant provision includes— (i) a judicial officer of a court of another jurisdiction who has made a corresponding order; and (ii) a registrar of a Magistrates Court who has registered a corresponding order; and
- (i) a judicial officer of a court of another jurisdiction who has made a corresponding order; and
- (ii) a registrar of a Magistrates Court who has registered a corresponding order; and
- (b) a reference to a court in subsection (1) (g) of the relevant provision includes a reference to the court where the corresponding order was registered.
- (i) a judicial officer of a court of another jurisdiction who has made a corresponding order; and
- (ii) a registrar of a Magistrates Court who has registered a corresponding order; and