QLDIn ForceAct
Drugs Misuse Act 1986
sec.131BEvidence for ss 130 , 131 and 131A —notice of challenge
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### sec.131B Evidence for ss 130 , 131 and 131A —notice of challenge
This section applies if an originating step for a proceeding for an offence to which section 130 , 131 or 131A applies is taken.
Within 28 days after the originating step is taken, the defendant in the proceeding may be served with a prosecution information notice.
The prosecution information notice may be served on the defendant, and the service may be proved, in the same way as a summons under the Justices Act 1886 , section 56 .
If the defendant wants to challenge a claim of which notice has been given in the prosecution information notice, the defendant must, within 28 days after the prosecution information notice is served on the defendant, give a challenge notice to the commissioner of the police service.
A magistrates court may extend the 28 day period mentioned in subsection (4) if the court considers it appropriate.
In this section—
originating step , for a proceeding, means—
the arrest of the defendant in the proceeding; or
the making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or
the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 .
s 131B ins 2006 No. 8 s 65
amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2019 No. 26 s 290 sch 2
(sec.131B-ssec.1) This section applies if an originating step for a proceeding for an offence to which section 130 , 131 or 131A applies is taken.
(sec.131B-ssec.2) Within 28 days after the originating step is taken, the defendant in the proceeding may be served with a prosecution information notice.
(sec.131B-ssec.3) The prosecution information notice may be served on the defendant, and the service may be proved, in the same way as a summons under the Justices Act 1886 , section 56 .
(sec.131B-ssec.4) If the defendant wants to challenge a claim of which notice has been given in the prosecution information notice, the defendant must, within 28 days after the prosecution information notice is served on the defendant, give a challenge notice to the commissioner of the police service.
(sec.131B-ssec.5) A magistrates court may extend the 28 day period mentioned in subsection (4) if the court considers it appropriate.
(sec.131B-ssec.6) In this section— originating step , for a proceeding, means— the arrest of the defendant in the proceeding; or the making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 .
- (a) the arrest of the defendant in the proceeding; or
- (b) the making of a complaint under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; or
- (c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 .