Peace and Good Behaviour Regulation 2020 (Qld)

Peace and Good Behaviour Regulation 2020

1 Short title This regulation may be cited as the Peace and Good Behaviour Regulation 2020.

2 Commencement This regulation commences on 1 September 2020.

3 Definitions In this regulation— approved form means a form approved under section 99 of the Act. complainant means a person making a complaint under section 5 of the Act. defendant means a person complained against under section 5 of the Act.

4 Filing requirements if summons or warrant issued (1) This section applies if a justice issues a summons or warrant under section 5(2A) of the Act on a complaint made to the justice under section 5 of the Act. (2) The complainant must, as soon as practicable, file with a clerk of the court in the court for the district in which the complaint is made— (a) the complaint; and (b) if the justice issues a summons—3 copies of the summons; and (c) if the justice issues a warrant—a copy of the warrant.

5 Requirements if summons or warrant not issued (1) This section applies if a justice decides not to issue a summons or warrant under section 5(2A) of the Act on a complaint made to the justice under section 5 of the Act. (2) The justice must, as soon as practicable— (a) make a note on the complaint that— (i) the justice is not satisfied the matter of the complaint is substantiated; or (ii) the justice is not satisfied it is reasonable in the circumstances for the complainant to be in fear of the defendant; or (iii) the justice is not satisfied of either matter in subparagraph (i) or (ii); and (b) send the complaint to a clerk of the court in the court for the district in which the complaint is made.