QLDIn ForceAct
Penalties and Sentences Act 1992
sec.43EOrder to be given to interested persons
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### sec.43E Order to be given to interested persons
A proper officer of the court that makes, amends or revokes a non-contact order for an offender must immediately—
reduce the order to writing in the approved form; and
give a copy of the order to—
if the prosecutor who appeared before the court when the non-contact order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the order on the director’s behalf; and
the offender; and
if the order was amended or revoked on the application of the victim named in the order—the victim; and
if the order was amended or revoked on the application of any associate named in the order—the associate; and
the chief executive (corrective services); and
give a copy of the order to the commissioner of the police service, or someone authorised to accept the order on the commissioner’s behalf, by fax, email or a similar facility.
Failure to comply with subsection (1) does not invalidate the order.
If the proper officer is not required under subsection (1) to give a copy of the order to the victim or associate, the prosecutor, or someone on the prosecutor’s behalf, must take all reasonable steps to give a copy of the order to the victim or associate.
s 43E ins 2001 No. 94 s 5
(sec.43E-ssec.1) A proper officer of the court that makes, amends or revokes a non-contact order for an offender must immediately— reduce the order to writing in the approved form; and give a copy of the order to— if the prosecutor who appeared before the court when the non-contact order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the order on the director’s behalf; and the offender; and if the order was amended or revoked on the application of the victim named in the order—the victim; and if the order was amended or revoked on the application of any associate named in the order—the associate; and the chief executive (corrective services); and give a copy of the order to the commissioner of the police service, or someone authorised to accept the order on the commissioner’s behalf, by fax, email or a similar facility.
(sec.43E-ssec.2) Failure to comply with subsection (1) does not invalidate the order.
(sec.43E-ssec.3) If the proper officer is not required under subsection (1) to give a copy of the order to the victim or associate, the prosecutor, or someone on the prosecutor’s behalf, must take all reasonable steps to give a copy of the order to the victim or associate.
- (a) reduce the order to writing in the approved form; and
- (b) give a copy of the order to— (i) if the prosecutor who appeared before the court when the non-contact order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the order on the director’s behalf; and (ii) the offender; and (iii) if the order was amended or revoked on the application of the victim named in the order—the victim; and (iv) if the order was amended or revoked on the application of any associate named in the order—the associate; and (v) the chief executive (corrective services); and
- (i) if the prosecutor who appeared before the court when the non-contact order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the order on the director’s behalf; and
- (ii) the offender; and
- (iii) if the order was amended or revoked on the application of the victim named in the order—the victim; and
- (iv) if the order was amended or revoked on the application of any associate named in the order—the associate; and
- (v) the chief executive (corrective services); and
- (c) give a copy of the order to the commissioner of the police service, or someone authorised to accept the order on the commissioner’s behalf, by fax, email or a similar facility.
- (i) if the prosecutor who appeared before the court when the non-contact order was made was a Crown prosecutor—the director of public prosecutions or someone authorised to accept the order on the director’s behalf; and
- (ii) the offender; and
- (iii) if the order was amended or revoked on the application of the victim named in the order—the victim; and
- (iv) if the order was amended or revoked on the application of any associate named in the order—the associate; and
- (v) the chief executive (corrective services); and