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s 41

Meaning of sexual offence proceeding—ch 4

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Chapter 4Sexual, violent and family violence offence proceedings
Part 4.1Kinds of proceedings

41 Meaning of sexual offence proceeding—ch 4

In this chapter:

sexual offence proceeding means—

(a)

a proceeding for an offence (a sexual offence) against any of the following provisions of the Crimes Act 1900:

(i)

part 3 (Sexual offences);

(ii)

part 4 (Female genital mutilation);

(iii)

part 5 (Sexual servitude); or

(b)

a proceeding for an offence against the Family Violence Act 2016, section 43 (Offence—contravention of family violence order) if the family violence order was made because of a sexual offence, or an alleged sexual offence, against the person protected under the order; or

(c)

a proceeding for an offence against the Personal Violence Act 2016, section 35 (Offence—contravention of protection order) if the protection order was made because of a sexual offence, or an alleged sexual offence, against the person protected under the order; or

(d)

a proceeding for an offence against any of the following provisions of the Work Health and Safety Act 2011 if the offence involves a suspected or alleged sexual assault or any other act of a sexually offensive, intimidating or humiliating nature:

(i)

section 31 (Negligence or reckless conduct—category 1);

(ii)

section 32 (Failure to comply with health and safety duty—category 2);

(iii)

section 33 (Failure to comply with health and safety duty—category 3); or

(e)

a proceeding for an offence against the Work Health and Safety Act 2011, section 38 (1) if the notifiable incident involves a sexual assault incident, within the meaning of that Act, section 37A.

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