Queensland Consolidated Acts Queensland Consolidated Acts(1) Any application under this Act may be made, and a court or magistrate may, as authorised by this Act, dispose of the application notwithstanding that a person concerned in the application has been charged with an offence arising out of conduct on which the application is based.
(2) Subsection (3) applies if the person against whom--
(a) a domestic violence order has been made; or
(b) a court has refused to make a domestic violence order; or
(d) proceedings are current in which a protection order is sought against the person;
is charged with an offence mentioned in subsection (1).
(2A) Also, subsection (3) applies if the person is charged with an offence mentioned in subsection (1) and the court has done either of the following relating to a domestic violence order naming the person as the respondent--
(a) revoked, or refused to revoke, the domestic violence order;
(b) varied, or refused to vary, the domestic violence order, including the conditions imposed by the order.
(3) A reference to--
(a) the making, or refusal to make, the order, or a revocation or variation; or
(b) the existence of current proceedings mentioned in subsection (2)(d); or
(c) the fact that evidence of a particular nature or content was given in--
(i) the proceedings in which the order, revocation or variation was made or refused; or
(ii) the current proceedings;
is inadmissible in the trial of the person for an offence arising out of conduct on which the application for the order, revocation, or variation, or relevant to the current proceedings, is based.
(4) To allay any doubt, it is declared that, subject to this section, an application, proceeding or order under this Act in relation to the conduct of the person does not affect any proceeding for an offence against the person arising out of the same conduct.
(5) The person may be punished for the offence mentioned in subsection (4) despite any order made against him or her under this Act.