Application and interpretation
74EA Application and interpretation
This
Division applies to a person being interviewed as a potential witness who is—
a child of or under the age of 14 years; or
a person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions.
This
Division also applies to a person (not being a person described in subsection (1)) who is being interviewed as the victim of an alleged child sexual offence.
In this Division—
child sexual offence means a sexual offence committed in relation to a person under the age of 18 years;
serious offence against the person means—
murder or attempted murder; or
manslaughter or attempted manslaughter; or
a sexual offence; or
—
an offence of criminal neglect under section 14 of the Criminal
Law Consolidation Act 1935;
or
an offence of stalking and harassment under section 19AA of the
Criminal
Law Consolidation Act 1935;
or
an offence of causing serious harm under section 23 of the
Criminal
Law Consolidation Act 1935;
or
an offence of causing harm under section 24 of the Criminal
Law Consolidation Act 1935;
or
an offence involving an unlawful threat to kill or endanger life; or
an offence involving abduction; or
an offence involving blackmail; or
an attempt to commit, or assault with intent to commit, any of the offences in the preceding subparagraphs; or
an offence of contravening or failing to comply with an intervention order under the Intervention
Orders (Prevention of Abuse) Act 2009;
or
an offence of contravening or failing to comply with a restraining order under the Summary
Procedure Act 1921;
sexual offence means—
rape;
or
compelled sexual manipulation; or
indecent assault; or
any offence involving unlawful sexual intercourse or an act of gross indecency; or
incest;
or
any offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest; or
an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal
Law Consolidation Act 1935;
or
any attempt to commit, or assault with intent to commit, any of the foregoing offences.
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