Queensland Consolidated Acts

TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 129ZY

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

(b) a court has refused to make a civil banning order; or

(c) proceedings are current (
"current proceedings" ) in which a civil banning order or an order varying or revoking a civil banning order is sought;

is charged with an offence mentioned in subsection (1) .

(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 respondent—

(a) revoked, or refused to revoke, the civil banning order;

(b) 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—

(i) the proceedings in which the order, revocation or variation was made or refused; or

(ii) the current proceedings;

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.

(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 section—

"civil banning order" includes an interim civil banning order.