QLDIn ForceAct
Evidence Act 1977
sec.158Domestic violence proceedings
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### sec.158 Domestic violence proceedings
Part 6A applies in relation to a domestic violence proceeding only if an originating step for the proceeding is taken on or after the commencement.
Subsection (1) applies even if—
the act or omission constituting the domestic violence offence the subject of the domestic violence proceeding happened before the commencement; or
a recorded statement that may be admitted in the proceeding was made before the commencement.
In this section—
originating step , for a domestic violence 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 158 ins 2022 No. 12 s 38
(sec.158-ssec.1) Part 6A applies in relation to a domestic violence proceeding only if an originating step for the proceeding is taken on or after the commencement.
(sec.158-ssec.2) Subsection (1) applies even if— the act or omission constituting the domestic violence offence the subject of the domestic violence proceeding happened before the commencement; or a recorded statement that may be admitted in the proceeding was made before the commencement.
(sec.158-ssec.3) In this section— originating step , for a domestic violence 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 act or omission constituting the domestic violence offence the subject of the domestic violence proceeding happened before the commencement; or
- (b) a recorded statement that may be admitted in the proceeding was made before the commencement.
- (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.