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s 159

Application of sdiv 1

In force
Chapter 6Repeal and transitional provisions
Part 2Transitional provisions
Division 3Applications that could have been made to the State
Subdivision 1Applications by persons other than dependants or family members

159 Application of sdiv 1

(1)

This subdivision applies if—

(a)

a person could have, if this chapter had not commenced, applied for the payment of an amount for injury suffered because of a previous prescribed offence committed before the commencement, under—

(i)

section 33 or 34 of the repealed Act; or

(ii)

section 663D of the repealed Criminal Code chapter; and

(b)

at the commencement, the person has not made an application under a provision mentioned in paragraph (a)(i) or (ii) for the injury.

Note—

See division 7 if, at the commencement, the period within which a person could have applied for the payment of an amount mentioned in subsection (1)(a) has already expired.

(2)

For subsection (1), it is immaterial—

(a)

whether the person’s injury is suffered before or after the commencement, or over a period starting before the commencement and ending after the commencement; and

(b)

for a person whose entitlement to make the application arose because of an event mentioned in section 150, definition relevant event, paragraph (a), (b), (d) or (g)—whether the relevant event happens before or after the commencement; and

(c)

for a person to whom subsection (1)(a)(i) applies—whether the person’s entitlement to apply for the payment mentioned in subsection (1)(a) is the result of an order made under section 41 of the repealed Act before the commencement.

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Section 159 — Application of sdiv 1 — Victims of Crime Assistance Act 2009 (Queensland) — Barrister AI