QLDIn ForceAct
Domestic and Family Violence Protection Act 2012
sec.124Release of person from custody
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### sec.124 Release of person from custody
When a person taken into custody under section 116 is released from custody, a police officer must—
in relation to the application for the protection order prepared under section 118 (1) —serve a copy of the application on the person in compliance with section 34 ; and
if a domestic violence order is made by a court under part 3 , division 1 or 2 —serve a copy of the order on the person in compliance with section 184 ; and
if a temporary protection order is made by a magistrate under section 131 —serve a copy of the order on the person in compliance with section 133 (1) (a) ; and
if a police protection notice is issued under section 101A —personally serve the notice on the person and explain the notice to the person in compliance with sections 109 and 110 ; and
if release conditions are imposed under section 125 —personally serve a copy of the release conditions on the person.
However, subsection (1) and sections 101A , 118 and 125 do not apply if—
the person is named as a respondent in a domestic violence order made, or police protection notice issued, before the person was taken into custody; and
the person named as the aggrieved in the order or notice is also another person involved in the domestic violence for which the person was taken into custody.
s 124 amd 2016 No. 51 s 33
(sec.124-ssec.1) When a person taken into custody under section 116 is released from custody, a police officer must— in relation to the application for the protection order prepared under section 118 (1) —serve a copy of the application on the person in compliance with section 34 ; and if a domestic violence order is made by a court under part 3 , division 1 or 2 —serve a copy of the order on the person in compliance with section 184 ; and if a temporary protection order is made by a magistrate under section 131 —serve a copy of the order on the person in compliance with section 133 (1) (a) ; and if a police protection notice is issued under section 101A —personally serve the notice on the person and explain the notice to the person in compliance with sections 109 and 110 ; and if release conditions are imposed under section 125 —personally serve a copy of the release conditions on the person.
(sec.124-ssec.2) However, subsection (1) and sections 101A , 118 and 125 do not apply if— the person is named as a respondent in a domestic violence order made, or police protection notice issued, before the person was taken into custody; and the person named as the aggrieved in the order or notice is also another person involved in the domestic violence for which the person was taken into custody.
- (a) in relation to the application for the protection order prepared under section 118 (1) —serve a copy of the application on the person in compliance with section 34 ; and
- (b) if a domestic violence order is made by a court under part 3 , division 1 or 2 —serve a copy of the order on the person in compliance with section 184 ; and
- (c) if a temporary protection order is made by a magistrate under section 131 —serve a copy of the order on the person in compliance with section 133 (1) (a) ; and
- (d) if a police protection notice is issued under section 101A —personally serve the notice on the person and explain the notice to the person in compliance with sections 109 and 110 ; and
- (e) if release conditions are imposed under section 125 —personally serve a copy of the release conditions on the person.
- (a) the person is named as a respondent in a domestic violence order made, or police protection notice issued, before the person was taken into custody; and
- (b) the person named as the aggrieved in the order or notice is also another person involved in the domestic violence for which the person was taken into custody.