QueenslandPeaceandGoodBehaviourAct1982PeaceandGoodBehaviourRegulation1999Reprinted as in force on 3 September
1999Reprint No. 1 *This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2010 SL No. 232s 13*Minor
differences in style between this reprint and another reprint with
the same number are due to theconversion to new
styles. The content has not changed.
Information about this reprintThis
regulation is reprinted as at 3 September 1999.Minor editorial
changes allowed under the provisions of the Reprints Act 1992 have
beenmade to use aspects of format and printing
style consistent with current drafting practice (s35).This page is specific to this reprint.
A table of reprints is included in the endnotes.Also
see endnotes for information about when provisions
commenced.
s13s4PeaceandGoodBehaviourRegulation1999Peace and Good Behaviour Regulation
1999[reprinted as in force on 3 September
1999]1Short titleThisregulationmaybecitedasthePeaceandGoodBehaviourRegulation1999.2CommencementThis regulation
commenced on 1 September 1999.3DefinitionIn this
regulation—approved formmeans a form
approved under section 13.complainantmeansapersonmakingacomplaintundersection 4 of the Act.defendantmeans
a person complained against under section 4of the
Act.4Filing requirements if summons or
warrant issued(1)This section applies if a
justice,1after considering a complaintsworn
before the justice, issues a summons or a warrant undersection 4(1) of the Act.(2)Thecomplainantmustassoonaspracticable,filethefollowing
documents with the nearest clerk of the court in theMagistratesCourtforthedistrictinwhichthecomplaintismade—(a)the
complaint;1ActsInterpretationAct1954, section 36 provides—justicemeans a justice
of the peace.
s54s7PeaceandGoodBehaviourRegulation1999(b)ifthejusticeissuesasummons—3copiesofthesummons;(c)if the justice issues a warrant—a copy
of the warrant.5Requirements if summons or warrant not
issued(1)This section applies if a justice,
after considering a complaintsworn before the
justice, decides not to issue a summons or awarrant under
section 4(1) of the Act.(2)The justice must
as soon as practicable—(a)make a note on
the complaint that—(i)thejusticeisnotsatisfiedthematterofthecomplaint is substantiated; or(ii)thejusticeisnotsatisfieditisreasonableinthecircumstances for
the complainant to be in fear ofthe defendant;
or(iii)thejusticeisnotsatisfiedofeithermatterinsubparagragh (i) or (ii); and(b)send the complaint to the nearest
clerk of the court in theMagistrates Court for the district in
which the complaintis made.6Filing requirements if mediation
ordered(1)Thissectionappliesifajusticeordersthecomplainanttosubmit the matter to mediation under section
4(3) of the Act.(2)Thecomplainantmustassoonaspracticable,filewiththenearest dispute
resolution centre—(a)the complaint; and(b)an
application for mediation in the approved form.7Service of complaint and summonsWhenadefendantisservedwithasummonsissuedundersection 4(1) of
the Act, the defendant must also be served witha copy of the
relevant complaint.
s
85s 11PeaceandGoodBehaviourRegulation19998Period of warrantA warrant issued
under section 4(1) of the Act ends 1 yearafter it issues
unless the warrant states that it ends at an earliertime.9Approved form for complaintAn
approved form for a complaint made under section 4 of theAct
must include provision for the following—(a)the
name and address of the complainant;(b)the
name and address of the defendant;(c)the
grounds relied on to make the complaint;(d)the
facts on which the complaint is based;(e)the
date the complaint is sworn;(f)thename,locationandsignatureofthejusticebeforewhom
the complaint is sworn.10Approved form for
summonsAn approved form for a summons under section
4(1) of theAct must include provision for the
following—(a)the name and address of the
defendant;(b)the ground relied on to issue the
summons;(c)thelocationoftheMagistratesCourtwherethecomplaint is to be answered;(d)the time and date the complaint is to
be answered;(e)the name, location and signature of
the justice;(f)the date the summons issues.11Approved form for warrantAn
approved form for a warrant under section 4(1) of the Actmust
include provision for the following—(a)the
name and address of the complainant;(b)the
name and address of the defendant;
s
126s 14PeaceandGoodBehaviourRegulation1999(c)the ground relied on to issue the
warrant;(d)thepoliceofficersauthorisedunderthewarrant(whether or not
named);(e)thatthewarrantauthorisesthepoliceofficerstoapprehend the defendant and to cause
the defendant tobebroughtbeforeaMagistratesCourttoanswerthecomplaint;(f)the
date, within the period of 1 year, the warrant ends;(g)the name, location and signature of
the justice;(h)the date the warrant issues.12Approved form for mediationAn
approved form for an application for mediation of a matterunder
section 4(3) of the Act must include provision for thefollowing—(a)the
location of the dispute resolution centre where thematter will be mediated;(b)thename,addressandtelephonenumberofthecomplainant;(c)the
name and address of the defendant;(d)the
name of the justice ordering the matter be submittedto
mediation;(e)the date the justice orders the matter
to be submitted tomediation.13Approval of formsThechiefexecutivemayapproveformsforuseunderthisregulation.14Transitional provision—Peace and Good
BehaviourRegulation 1989(1)ThePeaceandGoodBehaviourRegulation1989, as
in forceimmediatelybeforeitsexpiry,continuestoapplytoa
s
147s 14PeaceandGoodBehaviourRegulation1999summons or warrant issued before the
commencement of thissection.(2)This
section expires on 1 September 2000.
