Criminal Procedure Act 1986
289TApplication of Division
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289T Application of Division
289T Application of Division
(1) This Division applies to the following—
(a) proceedings for a domestic violence offence,
(b) apprehended violence order proceedings but only if—
(i) the defendant in the proceedings is a person charged with a domestic violence offence, and
(ii) the protected person is the alleged victim of the offence,
(c) serious domestic abuse prevention order proceedings but only if—
(i) the person against whom the serious domestic abuse prevention order is sought is also charged with a domestic violence offence, and
(ii) the alleged victim of the domestic violence offence is—
(A) a family member of the person, or
(B) a former or current intimate partner of the person, or
(C) a person in a domestic relationship with an intimate partner of the person.
(2) If the complainant in the proceedings is a person against whom a prescribed sexual offence is alleged to have been committed by the accused person, this Division applies in addition to Part 5.
(3) In this section—
domestic relationship and serious domestic abuse prevention order have the same meanings as in the Crimes (Domestic and Personal Violence) Act 2007.
family member and intimate partner have the same meanings as in the Crimes (Domestic and Personal Violence) Act 2007, Part 10A.
s 289T: Ins 2020 No 36, Sch 2[3]. Am 2024 No 59, Sch 2.3[1] [2].