Queensland Consolidated Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 77

77 Evidentiary provisions

(1) In a proceeding under this Act, a statement by the prosecution that the register—

(a) at a particular date contained particular information, including information that a stated person was a reportable offender; or

(b) indicated that, during a particular period, a specified person failed to notify information as required by this Act;

is evidence of the stated matters.

(2) For this Act, a certificate that would be evidence under a corresponding Act that at a specified time, or during a specified period, a person was required to report to a corresponding registrar under that Act is evidence of the facts stated in the certificate.

(3) In a proceeding under this Act, a statement by the prosecution about the following matters is evidence of the matters—

(a) a stated person was served with a copy of a stated offender prohibition order, stated corresponding order or stated registered corresponding order by a stated process server on a stated date;

(b) a stated process server was authorised to serve a stated corresponding order;

(c) the respondent for an offender prohibition order, or corresponding order, was present in court when the order was made;

(d) the respondent for a registered corresponding order was present in court when the order was registered;

(e) a stated person was given a stated reporting obligations notice by a stated police officer on a stated date.

(4) In a proceeding under this Act—

(a) an affidavit by a stated process server stating the date, time and way the process server served a stated offender prohibition order on a stated person is evidence of the stated matters; and

(b) an affidavit by a stated police officer stating the date, time and way the police officer served a stated reporting obligations notice on a stated person is evidence of the stated matters.

(5) If a defendant intends to challenge a matter stated in either of the following paragraphs at a hearing in a proceeding for an offence against this part, the defendant must give written notice of the challenge to the prosecution at least 3 business days before the day fixed for the hearing—

(a) a statement mentioned in subsection (3) ;

(b) an affidavit mentioned in subsection (4) .

(6) In this section—

"court" , in relation to the making of a corresponding order, means any court of another jurisdiction that made the corresponding order.

"process server" means—

(a) a police officer; or

(b) in relation to a registered corresponding order—

(i) a member of the police force of the jurisdiction where the corresponding order was made; or

(ii) another person authorised under the law of that jurisdiction to serve the corresponding order.