Queensland Consolidated Acts
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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 129ZY
Interaction with criminal proceedings
129ZY Interaction with criminal proceedings
(1) An application under this part may be made and a court may, as authorised
by this Act, dispose of the application, even if a person concerned in the
application has been charged with an offence arising out of the act of
violence on which the application is based.
(2) Subsection (4) applies if the
person against whom—
(a) a civil banning order has been made; or
court has refused to make a civil banning order; or
(c) proceedings are
is charged with an offence mentioned
in subsection (1) .
"current proceedings" ) in which a civil banning order or an order varying or
revoking a civil banning order is sought;
(3) Also, subsection (4) applies if the person is charged
with an offence mentioned in subsection (1) and the court has done either of
the following relating to a civil banning order naming the person as the
(a) revoked, or refused to revoke, the civil banning order;
varied, or refused to vary, the civil banning order, including the conditions
imposed on the order.
(4) A reference to—
(a) making, or refusing to make,
the order, or a revocation or variation; or
(b) the existence of
current proceedings; or
(c) the fact that evidence of a particular nature or
content was given in— is
inadmissible in the trial of the person for an offence arising out of the act
of violence on which the application for the order, revocation, or variation,
or relevant to the current proceedings, is based.
(i) the proceedings in which the order, revocation or
variation was made or refused; or
(ii) the current proceedings;
(5) To remove any doubt, it
is declared that, subject to this section, an application, proceeding or order
under this part in relation to the conduct of the person does not affect any
proceeding against the person for an offence arising out of the same conduct.
(6) The person may be punished for the offence mentioned in subsection (5)
despite any order made against the person under this part.
(7) In this
"civil banning order" includes an interim civil banning order.
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