Australian Capital Territory Numbered Acts

FAMILY VIOLENCE LEGISLATION AMENDMENT ACT 2022 (NO. 13 OF 2022) - SECT 69

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    (4)     An offence against this section is an aggravated offence if the offence involves family violence.

    (5)     If the prosecution intends to prove that the offence is an aggravated offence, the factor of aggravation must be stated in the charge.

    (6)     To remove any doubt—

        (a)     it is not necessary for the prosecution to prove that the defendant had a fault element in relation to any factor of aggravation; and

        (b)     the Criminal Code

, chapter 2 (other than the applied provisions) does not apply to an offence against this section, whether or not it is an aggravated offence.

    (7)     In this section:

"factor of aggravation" means the matter mentioned in subsection (4).

Note     The following sections also provide that particular offences involving family violence are aggravated offences:

        (a)     s 48C (Aggravated offences—pt 2 offences involving family violence);

        (b)     s 72AA (Aggravated offences—pt 3 offences involving family violence);

        (c)     s 72EA (Aggravated offences—pt 3A offences involving family violence).