Queensland Numbered Acts

COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017 - SECT 189

189 Amendment of s 12A (Convictions for offences relating to domestic violence)

(1) Section 12A(1) and (2)—
omit, insert—

(1) Subsections (2) to (4) apply if—

(a) a complaint or an indictment for a charge for an offence states the offence is also a domestic violence offence; and

(b) the offender is convicted of the offence.

(2) If a conviction is recorded in relation to the offence, it must also be recorded as a conviction for a domestic violence offence.

(2A) If no conviction is recorded in relation to the offence, the offence must be entered in the offender’s criminal history as a domestic violence offence.

(2B) However, a matter must not be recorded or entered under subsection (2) or (3) in relation to the offence if the court makes an order to the effect it is not satisfied the offence is also a domestic violence offence.

Note—

See the Evidence Act 1977 , section 132C, which provides for the sentencing judge or magistrate in any sentencing procedure in a criminal proceeding to act on allegations of fact.

(2) Section 12A(3), ‘makes an order under subsection (2) or convicts an offender’—
omit, insert—
convicts an offender of an offence for which a matter must be recorded or entered under subsection (2) or (3) or

(3) Section 12A(5), ‘subsection (6)’—
omit, insert—
subsection (8)

(4) Section 12A—
insert—

(9) For this section, proof that an offence is a domestic violence offence lies on the prosecutor.

(10) To remove any doubt, it is declared that this section does not require a matter to be recorded or entered in an offender’s traffic history under the Transport Operations (Road Use Management) Act 1995 .

(5) Section 12A(2A) to (10)—
renumber as section 12A(3) to (12).