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Evidence (Miscellaneous Provisions) Act 1991
41Meaning of sexual offence proceeding—ch 4
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41 Meaning of sexual offence proceeding—ch 4
sexual offence proceeding means—
(a) a proceeding for an offence (a sexual offence) against any of the
following provisions of the Crimes Act 1900:
(i) part 3 (Sexual offences);
(ii) part 4 (Female genital mutilation);
(iii) part 5 (Sexual servitude); or
(b) a proceeding for an offence against the Family Violence
Act 2016, section 43 (Offence—contravention of family
violence order) if the family violence order was made because
of a sexual offence, or an alleged sexual offence, against the
person protected under the order; or
(c) a proceeding for an offence against the Personal Violence
Act 2016, section 35 (Offence—contravention of protection
order) if the protection order was made because of a sexual
offence, or an alleged sexual offence, against the person
protected under the order; or
(d) a proceeding for an offence against any of the following
provisions of the Work Health and Safety Act 2011 if the offence
involves a suspected or alleged sexual assault or any other act of
a sexually offensive, intimidating or humiliating nature:
(i) section 31 (Negligence or reckless conduct—category 1);
(ii) section 32 (Failure to comply with health and safety
duty—category 2);
(iii) section 33 (Failure to comply with health and safety
duty—category 3); or
(e) a proceeding for an offence against the Work Health and Safety
Act 2011, section 38 (1) if the notifiable incident involves a
sexual assault incident, within the meaning of that Act,
section 37A.