Text as at 1 July 2026
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366 Application of Division

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Explained inBill clause 366
(1)This Division applies to a criminal proceeding (other than a committal proceeding) that relates (wholly or partly) to a charge for—
S. 366(1)(c) inserted by No. 48/2012 s. 21(b), amended by No. 42/2015 s. 22, repealed by No. 47/2016 s. 37(10)(b).
(a)a sexual offence; or
S. 366(1)(ab) inserted by No. 19/2017 s. 57, substituted by No. 5/2025 s. 42.
(ac)an offence against section 21A(1) of the Crimes Act 1958 (stalking); or
S. 366(1)(ac) inserted by No. 1/2026 s. 74(2)(a).
(b)an indictable offence which involves an assault on, or injury or a threat of injury to, a person; or
S. 366(1)(b) amended by Nos 48/2012 s. 21(a), 47/2016 s. 37(10)(a), 5/2018 s. 13.
* * * * *
(d)any offences against section 23 or 24 of the Summary Offences Act 1966 if those offences are related offences to an offence specified in paragraph (a), (ab), (ac) or (b), despite whether any such related offences are withdrawn or dismissed before an offence against section 23 or 24 of the Summary Offences Act 1966 is heard and determined.
S. 366(1)(d) inserted by No. 48/2012 s. 21(b), amended by Nos 5/2018 s. 29, 1/2026 s. 74(2)(b).
For committal proceedings see Chapter 4.
(2)This Division applies to a witness in a criminal proceeding referred to in subsection (1) if the witness is—
(a)a person under the age of 18 years; or
(b)a person with a cognitive impairment.
(3)In this Division, witness means a witness referred to in subsection (2).