Queensland Consolidated Acts

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EVIDENCE ACT 1977 - SECT 21AD

21AD Meaning of child

(1) For the purposes of a proceeding for this division, a child is--

(a) if the proceeding is a criminal proceeding--
(i) an individual who is under 16 years when the first of the following happens--
(A) the defendant in the proceeding is arrested;
(B) a complaint is made under the Justices Act 1886, section 42 in relation to the defendant in the proceeding;
(C) a notice to appear is served on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382; or
(ii) an individual who is 16 or 17 years when the first of the matters mentioned in subparagraph (i) happens and who is a special witness; or
(b) if the proceeding is a civil proceeding arising from the commission of a relevant offence--
(i) an individual who is under 16 years when the proceeding starts; or
(ii) an individual who is 16 or 17 years when the proceeding starts and who is a special witness.

(2) An individual remains a child for the purposes of giving evidence for a proceeding if the child gives evidence for the proceeding at any time before the child turns 18 years.



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