An Act to amend the Bail Act 1980, the Criminal Code, the Domestic and Family Violence Protection Act 2012, the Domestic and Family Violence Protection Regulation 2023, the Evidence Act 1977, the Explosives Act 1999, the Family Responsibilities Commission Act 2008, the Penalties and Sentences Act 1992, the Police Powers and Responsibilities Act 2000, the Victims’ Commissioner and Sexual Violence Review Board Act 2024, the Weapons Act 1990 and the legislation mentioned in schedule 1 for particular purposesThe Parliament of Queensland enacts—Part 1Preliminary1Short titleThis Act may be cited as the Domestic and Family Violence Protection and Other Legislation Amendment Act 2026.2CommencementThis Act commences on a day to be fixed by proclamation.Part 2Amendment of Domestic and Family Violence Protection Act 20123Act amendedThis part amends the Domestic and Family Violence Protection Act 2012.Note—See also the amendments in schedule 1.4Amendment of s 22 (Child as aggrieved or respondent)(1)Section 22(1), (2) and (5), ‘notice’—omit, insert—direction(2)Section 22(4)—omit.(3)Section 22(5)—renumber as section 22(4).5Amendment of s 41F (Hearing of application—existing protection order)(1)Section 41F(1), ‘Subsections (2) and (3)’—omit, insert—Subsections (2) to (4)(2)Section 41F—insert—(3A)In hearing the application, the court must consider—(a)the principle mentioned in section 4(2)(e); and(b)whether it is necessary to make arrangements for the safety, protection or wellbeing of the person most in need of protection in the relevant relationship that exists between the persons who are the parties to the application.Note—See, for example, sections 150 and 151 for the power of the court to make orders in relation to a person giving evidence or being cross-examined as a protected witness.
(3)Section 41F(4), ‘Subsections (5) and (6)’—omit, insert—Subsections (6) to (8)(4)Section 41F—insert—(6A)In hearing the application, the court must consider—(a)the principle mentioned in section 4(2)(e); and(b)whether it is necessary to make arrangements for the safety, protection or wellbeing of the person most in need of protection in the relevant relationship that exists between the persons who are the parties to the application.Note—See, for example, sections 150 and 151 for the power of the court to make orders in relation to a person giving evidence or being cross-examined as a protected witness.
(5)Section 41F(3A) to (7)—renumber as section 41F(4) to (9).6Amendment of s 42 (When court on its own initiative can make or vary order against offender)(1)Section 42, heading, ‘offender’—omit, insert—charged person(2)Section 42(1)—omit, insert—(1)This section applies if a court is hearing a proceeding for a domestic violence offence.(3)Section 42(2), ‘offender if’—omit, insert—person charged with the offence (the charged person) if(4)Section 42(2), ‘made against the offender’—omit, insert—made against the charged person(5)Section 42(3), ‘offender’s’—omit, insert—charged person’s(6)Section 42(4) and (5)(a), ‘offender’—omit, insert—charged person(7)Section 42(6)(a), from ‘before’ to ‘leaves the court’—omit, insert—during the hearing of the proceeding(8)Section 42(7)(a), (8) and (10), ‘offender’—omit, insert—charged person(9)Section 42(7)(a)(i) and (8)(a), ‘offender’s’—omit, insert—charged person’s(10)Section 42(7)(a)(ii), ‘respondent’—omit, insert—charged person7Amendment of s 66B (Court may impose monitoring device condition)Section 66B(1)(a)—insert—(iv)a monitoring device is available for the period the court intends to impose a monitoring device condition on the respondent.
8Insertion of new s 66BAAfter section 66B—insert—66BA Court must consider if monitoring device condition could be imposed(1)This section applies if—(a)the court is a court mentioned in section 66B(1)(b); and(b)the court is considering, under section 57, whether to impose a condition on a respondent.
(2)The court must consider if it could impose a monitoring device condition under section 66B on the respondent.(3)If the court could impose the monitoring device condition but decides not to impose the monitoring device condition, the court must give reasons for not imposing the monitoring device condition.9Amendment of s 66C (Considerations for imposing monitoring device condition)Section 66C(1)(c) and (d)—omit.10Amendment of s 66D (Request for information)Section 66D(1)(b), from ‘deciding’—omit, insert—deciding—(i)whether it is necessary or desirable to impose the monitoring device condition on the respondent; or(ii)whether a monitoring device is available for the respondent to be fitted with the monitoring device for the period the court intends to impose a monitoring device condition on the respondent.
11Amendment of s 66H (Expiry of subdivision)Section 66H, from ‘the day that’ to ‘commences’—omit, insert—31 January 202812Amendment of s 100 (Police officer must investigate domestic violence)(1)Section 100(3)(d)—omit.(2)Section 100(3)(e), note, from ‘respondent’—omit, insert—person into custody, the police officer must issue a police protection direction against the person.(3)Section 100(7), ‘or (4)’—omit.13Amendment of s 100A (Purpose of police protection directions)Section 100A, from ‘violence,’—omit, insert—violence to achieve the main objects of this Act.14Amendment of s 100B (Police officer may issue direction)(1)Section 100B(1)(c) and (d)—omit.(2)Section 100B(1)—insert—Note—See section 118 for when police officer must issue a police protection direction.(3)Section 100B(2)(c)—omit.(4)Section 100B(2)(d)—renumber as section 100B(2)(c).(5)Section 100B—insert—(2A)After deciding to issue a police protection direction, the police officer must consider whether they are required under section 100EA, or whether it would be appropriate, to also make an application for a protection order by filing the police protection direction with the court under section 100QA.(6)Section 100B(4), ‘sections 100K and 100L’—omit, insert—section 100K(7)Section 100B(2A) to (4)—renumber as section 100B(3) to (5).15Omission of s 100C (Circumstances when police officer must not issue direction)Section 100C—omit.16Amendment of s 100D (Restriction on issuing direction involving child of respondent)(1)Section 100D, heading, ‘Restriction on issuing’—omit, insert—Issuing(2)Section 100D(2) and (3)—omit, insert—(2)Before issuing a police protection direction mentioned in subsection (1), a police officer must ask the respondent and the aggrieved whether any of the following orders relating to the child is in force—(a)a family law order; or(b)an order under the Child Protection Act 1999.
Note—See section 100EA.(3)Failure to comply with subsection (2) does not invalidate or otherwise affect the direction.(3)Section 100D(4), ‘order or agreement mentioned in subsection (2)(a)’—omit, insert—order mentioned in subsection (2)17Replacement of s 100E (Other matters for consideration before issuing direction)Section 100E—omit, insert—100DA Issuing direction when domestic violence order is in force(1)This section applies if—(a)a police protection direction is issued against a respondent; and(b)a domestic violence order is in force against the respondent naming the same aggrieved.
(2)The respondent must comply with both the police protection direction and the domestic violence order.(3)However, if it is not possible to comply with both the police protection direction and the domestic violence order because they are inconsistent, the domestic violence order prevails to the extent of the inconsistency.100EA When application for protection order or variation of protection order must be madeA police officer who issues a police protection direction against a respondent must apply for a protection order, or to vary a protection order, if when the direction is issued—(a)a protection order, temporary protection order or recognised interstate order relating to the respondent and aggrieved is in force and the police officer considers additional conditions are necessary or desirable to protect the aggrieved; or(b)a proceeding relating to an application for a protection order or to vary a protection order relating to the respondent and the aggrieved is already before a court; or(c)the police officer knows, or reasonably believes, the police protection direction would interact with or be inconsistent with—(i)a family law order; or(ii)an order or a care agreement under the Child Protection Act 1999; or
(d)a condition would prevent or limit contact between the respondent and a child of the respondent, regardless of whether an order or agreement mentioned in paragraph (c)(i) or (ii) is in force for the child; or(e)the police officer considers that to protect the aggrieved from further domestic violence by the respondent it is necessary or desirable for conditions to be imposed on the respondent that only a court may impose; orExamples of conditions that only a court may impose—•making an intervention order•imposing conditions on a protection order that may not be imposed on a police protection direction, such as a monitoring device condition under section 66B or a condition about possessing a thing used as a weapon under section 81
(f)another police protection direction (a second direction) is in force, or is issued, that—(i)names the person who is the respondent in the police protection direction as the aggrieved in the second direction; and(ii)names the person who is the aggrieved in the police protection direction as the respondent in the second direction.
18Amendment of s 100G (Standard conditions must be included)Section 100G(c)(iii), after ‘would be’—insert—associated19Amendment of s 100H (Other conditions may be included)(1)Section 100H(1) and (2)—omit, insert—(1)A police protection direction may include any or all of the following conditions—(a)a cool-down condition;(b)a no-contact condition;(c)an ouster condition;(d)if the direction includes an ouster condition—a return condition;(e)a recovery condition.
(2)Section 100H(3), ‘subsection (2)’—omit, insert—subsection (1)(3)Section 100H(3)(a)—insert—(iii)protect a named person who is a child from being exposed to domestic violence committed by the respondent; and
(4)Section 100H(3)(d)(ii), ‘or no-contact condition’—omit, insert—, no-contact condition, return condition or recovery condition(5)Section 100H—insert—(3A)A police protection direction that includes a condition mentioned in subsection (1) may also include any exception to the condition the police officer issuing the direction considers necessary or desirable.(6)Section 100H(3) to (4)—renumber as section 100H(2) to (4).20Insertion of new ss 100HA–100HEAfter section 100H—insert—100HA Cool-down condition(1)A cool-down condition is a condition that prohibits the respondent from doing any or all of the following—(a)entering, attempting to enter, or remaining at, stated premises, or approaching within a stated distance of stated premises;(b)approaching, or attempting to approach, within a stated distance of the aggrieved or a named person;(c)contacting, attempting to contact, or asking someone else to contact, the aggrieved or a named person.
(2)A cool-down condition ends on the date and time stated in the direction.(3)The date and time stated in the direction must be—(a)no more than 24 hours after the direction is issued; and(b)reasonable, having regard to the circumstances of the respondent, the aggrieved and any other person.Example of an unreasonable date and time—If a cool-down condition prohibits a respondent from approaching stated premises, it would be unreasonable for the condition to end at 3a.m., when the respondent’s return to the premises may disrupt other household members.
100HB No-contact condition(1)A no-contact condition is a condition that prohibits the respondent from doing any or all of the following—(a)approaching, or attempting to approach, within a stated distance of the aggrieved or a named person;(b)contacting, attempting to contact, or asking someone else to contact, the aggrieved or a named person;(c)locating, attempting to locate, or asking someone else to locate, the aggrieved or a named person if the aggrieved’s or named person’s whereabouts are not known to the respondent.
(2)However, a no-contact condition does not prohibit the respondent from asking—(a)a lawyer to contact the aggrieved or a named person; or(b)another person, including a lawyer, to contact or locate the aggrieved or a named person for a purpose authorised under an Act.
(3)Also, a no-contact condition does not prohibit a victim advocate from contacting or locating the aggrieved or a named person in the circumstances mentioned in section 61(1)(a) to (c).(4)In this section—lawyer means a lawyer who is representing the respondent in relation to a proceeding.victim advocate means a person engaged by an approved provider to provide advocacy for, and support of, an aggrieved or named person.100HC Ouster conditionAn ouster condition is a condition that prohibits the respondent from doing any or all of the following in relation to stated premises—(a)entering, attempting to enter, or remaining at the premises;(b)approaching within a stated distance of the premises.
100HD Return condition(1)A return condition is a condition—(a)included in a police protection direction that also includes an ouster condition; and(b)that allows the respondent—(i)if the respondent is no longer at the premises stated in the ouster condition—to return to the premises to recover stated personal property; or(ii)if the respondent is at the premises stated in the ouster condition—to remain at the premises to remove stated personal property.
(2)However, a return condition may not allow the respondent to recover or remove personal property required to meet the daily needs of any person who continues to live in the premises stated in the ouster condition.Examples of personal property required to meet daily needs—household furniture, kitchen appliances(3)Before imposing a return condition, the police officer must consider—(a)the extent to which a matter relating to the condition must be supervised by a police officer; and(b)if a police officer must supervise the matter, the need to impose a condition that the respondent must not approach within a stated distance of stated premises.
(4)A return condition may state either of the following, based on the time of service of the police protection direction on the respondent—(a)the time at which, without contravening the police protection direction, the respondent may return to the premises and must leave the premises;(b)for how long the respondent may, without contravening the police protection direction, remain at the premises.
100HE Recovery condition(1)A recovery condition is a condition that requires the respondent—(a)to return stated personal property to the aggrieved; or(b)to allow the aggrieved access to stated personal property; or(c)to allow the aggrieved to recover stated personal property; or(d)to allow the aggrieved to enter stated premises to facilitate action mentioned in paragraph (b) or (c); or(e)to do any act necessary or desirable to facilitate action mentioned in paragraph (a), (b), (c) or (d).
(2)Before imposing a recovery condition, the police officer must consider—(a)the extent to which a matter relating to the condition must be supervised by a police officer; and(b)if a police officer must supervise the matter, the need to impose a condition that the respondent must not approach within a stated distance of stated premises.
(3)A recovery condition may state either of the following, based on the time of service of the police protection direction on the respondent—(a)the time at which the respondent must leave stated premises;(b)the time at which the respondent may return to stated premises.
21Amendment of s 100I (Condition for protection of unborn child)Section 100I(1), from ‘if—’—omit, insert—if a police officer issuing a police protection direction reasonably believes an aggrieved is pregnant.22Insertion of new s 100JAAfter section 100J—insert—100JA Cross-direction in exceptional circumstances(1)This section applies if a police officer issues a police protection direction that names a person (the first person) as the respondent and another person (the second person) as the aggrieved.(2)The police officer may issue another police protection direction that names the first person as the aggrieved and the second person as the respondent only if the following exceptional circumstances apply—(a)the police officer reasonably believes that each of the persons is in need of protection from the other person; and(b)it is not possible for the officer to determine whether one person’s need for protection is greater than the other person’s need for protection.
Note—See also section 100EA(f), which requires an application for a protection order or a variation of a protection order to be made if another police protection direction is issued under this section.23Amendment of s 100K (Approval of supervising police officer required)(1)Section 100K(2)(a)(i), ‘or no-contact condition’—omit, insert—, a no-contact condition or a recovery condition(2)Section 100K(2)(a)—insert—(ia)if the police protection direction is a cross-direction issued under section 100JA—senior sergeant (or, if no person of at least that rank is stationed at the police station of the issuing officer—sergeant);
(3)Section 100K(2)(a)(ia) and (ii)—renumber as section 100K(2)(a)(ii) and (iii).(4)Section 100K(4)—omit.(5)Section 100K(5)(a), from ‘decision—’—omit, insert—decision to give or refuse the approval; and(6)Section 100K(5) to (7)—renumber as section 100K(4) to (6).24Omission of s 100L (Cross-direction not permitted)Section 100L—omit.25Amendment of s 100N (Form of direction)(1)Section 100N(1)—insert—(ha)state any exception to a condition imposed under section 100H; and
(2)Section 100N(1)(i), ‘12 months’—omit, insert—3 years(3)Section 100N(1)(ha) to (j)—renumber as section 100N(1)(i) to (k).(4)Section 100N—insert—(3)If a police officer is required to make an application for a protection order, or considers that an application for a protection order should be made, a police protection direction issued by a police officer must also—(a)advise the respondent, the aggrieved and any named person that, under section 100QB, the police protection direction is taken to be an application for a protection order, or to vary a protection order, made by a police officer; and(b)state the date and time for the hearing of the application for the protection order, or to vary the protection order, at the local Magistrates Court for the respondent; and(c)state that, if the respondent fails to appear before the court, the local Magistrates Court for the respondent may—(i)make a domestic violence order against the respondent in the respondent’s absence; or(ii)adjourn the matter and may, in the meantime, make a temporary protection order under part 3, division 2; or(iii)order the issue of a warrant for the respondent to be taken into custody by a police officer and brought before the court; and
(d)if the date mentioned in paragraph (b) is more than 28 days after the day the police protection direction is issued, advise the respondent that—(i)the matter of the application for the protection order, or to vary the protection order, will be mentioned in another Magistrates Court within 28 days after the day the police protection direction is issued; and(ii)the other Magistrates Court will notify the respondent of the date, time and place of the mention; and(iii)the respondent may participate in the mention by attending the other Magistrates Court in person or by audio visual link or audio link; and(iv)the other Magistrates Court may, under part 3, division 2, make a temporary protection order at the mention whether or not the respondent participates in the mention.
(4)For subsection (3)(b), the date must be—(a)within 14 business days after the police protection direction is issued; or(b)if the local Magistrates Court for the respondent does not sit during the time mentioned in paragraph (a)—the court’s next sitting date.
26Amendment of s 100Q (Explanation)(1)Section 100Q(3)(a)—insert—(iv)if the respondent is also subject to a domestic violence order naming the same aggrieved, the domestic violence order prevails over the direction to the extent of any inconsistency; and
(2)Section 100Q(3)—insert—(aa)if the direction is required to be filed with the court under section 100QA—the effect of the direction being filed, including—(i)that the direction is taken to be an application for a protection order, or for the variation of a protection order, made by a police officer; and(ii)that the hearing of the application for the protection order or variation will be heard at the local Magistrates Court for the respondent at the date and time stated in the direction; and(iii)the right of the respondent or aggrieved to obtain legal advice before attending court; and
(3)Section 100Q(3)(aa) to (i)—renumber as section 100Q(3)(b) to (j).27Insertion of new ss 100QA–100QCAfter section 100Q—insert—100QA Filing of police protection direction(1)This section applies if a police officer—(a)issues a police protection direction; and(b)is required to make an application for a protection order, or to vary a protection order, or considers that an application for a protection order, or to vary a protection order, should be made.
(2)The following documents must be filed in the local Magistrates Court for the respondent—(a)a copy of the police protection direction;(b)a statement made and signed by the police officer stating—(i)the grounds on which the police protection direction was issued; and(ii)the nature of the protection order, or variation of the protection order, sought by the application for a protection order or variation of a protection order.Note—Under section 100QB, a police protection direction filed under this section is taken to an application for a protection order, or a variation of a protection order, made by a police officer.
(3)The documents must be filed in the local Magistrates Court for the respondent before the earlier of the following—(a)the date and time stated in the police protection direction for the hearing of the application for the protection order or to vary the protection order;(b)the day that is 14 days after the day the direction was issued.
Note—Section 153 provides that a police officer may file a document in a proceeding under this Act by electronic or computer-based means.(4)The statement must be served on the respondent—(a)if the police protection direction has been personally served on the respondent and an address for service for the respondent is known—in any way; or(b)otherwise—personally by a police officer.
(5)Subsection (3) does not limit—(a)the way in which the court may be informed, or inform itself, about the matters mentioned in subsection (2)(b); or(b)the documents or evidence a party may file or give in the proceeding.
(6)If the local Magistrates Court for the respondent will not be sitting within 28 days after the day the police protection direction is issued, the clerk of the local Magistrates Court for the respondent must make arrangements with the clerk of another Magistrates Court that will be sitting within 28 days after the day the direction is issued for—(a)the matter of the application for the protection order, or to vary the protection order, to be listed for mention in the other Magistrates Court at the earliest opportunity; and(b)the respondent, and the police officer or service legal officer responsible for the matter, to be notified of the date, time and place of the mention.
(7)The reference in subsection (2)(b)(ii) to the application for a protection order, or variation of the protection order, is a reference to the application for a protection order, or variation of the protection order, the police protection direction is taken to be under section 100QB.(8)To remove any doubt, it is declared that subsection (1) applies whether or not the police protection direction has been served on the respondent.100QB Police protection direction taken to be application for protection order or variation of protection orderA police protection direction filed under section 100QA is taken to be—(a)if paragraph (b) does not apply—an application for a protection order made by a police officer; or(b)if there is an existing domestic violence order in place between the respondent and aggrieved—an application for a variation of a protection order made by a police officer.
100QC Effect of decision by court about police protection direction(1)Part 3 applies to the court hearing and deciding an application for a protection order, or to vary a protection order, taken to have been made under section 100QB in relation to a police protection direction.(2)However, in addition to the orders the court may make under part 3 in relation to the application, the court may also make—(a)an order setting aside the police protection direction; or(b)an order that the police protection direction ends on a stated day; or(c)a decision to dismiss the application.
(3)If the court makes an order setting aside the police protection direction—(a)the direction is taken never to have been issued; and(b)the direction does not form part of the respondent’s domestic violence history; and(c)despite paragraphs (a) and (b), a proceeding may be started or continued against the respondent for an offence, committed before the direction was set aside, against section 177A or section 177AB.
Note—For the effect of the setting aside of the police protection direction on the forfeiture of a weapon to the State, see the Police Powers and Responsibilities Act 2000, section 714(4).(4)If the court makes an order that the police protection direction ends on a stated day—(a)the direction ends on the stated day; and(b)the part of the respondent’s domestic violence history relating to the direction must include the following information—(i)the court’s order;(ii)the day the direction ends under paragraph (a).
(5)If the court decides to dismiss the application, the police protection direction continues unaffected by the application under section 100QA.(6)If the court makes either of the following orders under section 177 in relation to the respondent and aggrieved, the police protection direction ends—(a)a domestic violence order;(b)a recognised interstate order.
28Amendment of s 100R (Duration)(1)Section 100R(3)(a), ‘12 months’—omit, insert—3 years(2)Section 100R(3)(aa), from ‘100ZD(3A)(a)’—omit, insert—section 100QC(4) or 100ZD(3A)(a) or the court otherwise makes an order that the direction ends on a stated day; or(3)Section 100R(3)(b), ‘(regardless of who is the respondent and who is the aggrieved in relation to that order)’—omit.(4)Section 100R(3)(c) and (d)—omit.(5)Section 100R(3)(aa) to (e)—renumber as section 100R(3)(b) to (d).(6)Section 100R(3)—insert—(f)a subsequent police protection direction issued in relation to the same respondent and same aggrieved takes effect and identifies the same person in both police protection directions as the person most in need of protection in the relevant relationship.
(7)Section 100R(3), note, ‘100Y(5)’—omit, insert—100QC(3), 100S(3)(8)Section 100R—insert—(3A)Despite subsection (3)(a), if a police protection direction (the further direction) is issued when another police protection direction (the first direction) is in force naming the same persons as respondent and aggrieved, the further direction continues in force until—(a)the end of 3 years from the day the first direction takes effect; or(b)an event mentioned in subsection (3)(b) to (f) occurs.
(9)Section 100R(3A) and (4)—renumber as section 100R(4) and (5).29Replacement of s 100S (Amendment of police protection direction)Section 100S—omit, insert—100SAmendment or revocation of police protection direction(1)The police commissioner may amend a police protection direction—(a)to remove a named person included in error; or(b)to remove a condition imposed in error; or(c)to reflect a change in any of the following details that has been notified to the police commissioner—(i)the name, contact details or address for service of the respondent;(ii)the name of the aggrieved or a named person; or
(d)on the request of a named person—to remove the named person or remove a condition imposed in error relating to the named person; or(e)to correct a minor error.
(2)The police commissioner may revoke a police protection direction if satisfied the direction was issued in error.(3)If the police commissioner revokes a police protection direction under subsection (2)—(a)the revoked direction is taken never to have been issued; and(b)the revoked direction does not form part of the respondent’s domestic violence history; and(c)a proceeding against the respondent for an offence, committed before the direction was revoked, against section 177A that was started but not finished before the direction was revoked is discontinued; and(d)in a proceeding against the respondent for an offence, committed before the direction was revoked, against section 177AB that was started but not finished before the direction was revoked, the revoked direction must be disregarded.
Note—For the effect of the revocation of the police protection direction on the forfeiture of a weapon to the State, see the Police Powers and Responsibilities Act 2000, section 714(4).(4)The police commissioner must inform the respondent, the aggrieved and any named person about the amendment or revocation of a police protection direction.(5)The police commissioner may delegate the commissioner’s powers under this section only to a police officer—(a)of at least the rank of senior sergeant; or(b)who is the officer in charge of the police station or police establishment from which the direction was issued.
(6)Nothing in this section limits the Acts Interpretation Act 1954, section 24AA.30Omission of pt 4, div 1A, sdiv 4 (Police review of direction)Part 4, division 1A, subdivision 4—omit.31Amendment of section 100ZA (Filing and service of documents)(1)Section 100ZA—insert—(4A)However, a police officer is not required to comply with subsection (4)(b)(ii) if the police officer reasonably believes—(a)the named person is a child; and(b)a copy of the application and a copy of each of the documents filed under subsection (1) has already been given to a parent of the child because the parent is the aggrieved or a named person.
(2)Section 100ZA(6), ‘(4) or (5)’—omit, insert—(4) or (6)(3)Section 100ZA(4A) to (6)—renumber as section 100ZA(5) to (7).32Amendment of section 100ZD (Decision of court about police protection direction)(1)Section 100ZD(3)(c), after ‘177A’—insert—or 177AB(2)Section 100ZD(3)—insert—Note—For the effect of the setting aside of the police protection direction on the forfeiture of a weapon to the State, see the Police Powers and Responsibilities Act 2000, section 714(4).33Omission of pt 4, div 2 (Power to issue police protection notice)Part 4, division 2—omit.34Amendment of s 118 (Police officer must apply for protection order)(1)Section 118, heading, after ‘must’—insert—issue police protection direction and may(2)Section 118(1), from ‘116,’—omit, insert—116—(a)issue a police protection direction against the person; and(b)consider whether the officer is required under section 100EA, or whether it would be appropriate, to make an application for a protection order, or to vary a protection order, by filing the police protection direction with the court under section 100QA; and(c)if making an application for a protection order or to vary a protection order—consider whether it is necessary or desirable to apply for a temporary protection order against the person under section 129.
(3)Section 118—insert—(1A)However, subsection (1) does not apply if—(a)the person in custody is the respondent to an existing police protection direction or an existing domestic violence order and the police officer reasonably believes no variation of the conditions of the direction or order, or any other measure, is necessary or desirable for the protection of the aggrieved; or(b)the police officer reasonably believes the person in custody is the person most in need of protection in a relevant relationship.
Note—See also part 4, division 1 and 1A.(1B)Subsections (4) and (5) apply if an application for a protection order or to vary a protection order is made under subsection (1)(b).(4)Section 118(2), ‘for the protection order’—omit.(5)Section 118(3) and (4)—omit, insert—(3)Despite section 100N(4), if it is not reasonably practicable for the person to be brought before the court for the hearing of the application, the date and time stated in the police protection direction for the hearing of the application for the protection order, or to vary the protection order, must be—(a)if the local Magistrates Court for the respondent sits at least once a week—within 5 business days after the person is taken into custody under section 116; or(b)otherwise—the next sitting date of the local Magistrates Court for the respondent.
(6)Section 118(1A) to (3)—renumber as section 118(2) to (5).35Amendment of s 119 (Detention period limited)(1)Section 119(1)—omit, insert—(1)The person may be held in custody until the later of the following—(a)if a police officer decides it is not necessary under section 100EA and is not appropriate to make an application for a protection order, or to vary a protection order, by filing the police protection direction with the court under section 100QA—when the officer makes the decision;(b)if a police officer obtains a temporary protection order while the person is still in lawful custody—when the temporary protection order is made and a police officer is able to comply with section 124(1)(c);(c)if an application for a protection order or to vary a protection order is made under section 100QA and it is reasonably practicable to bring the person before a court for the hearing of the application while the person is still in lawful custody—(i)if the court decides to make a domestic violence order—when the domestic violence order is made and a police officer is able to comply with section 124(1)(b); or(ii)if the court adjourns the application and does not make a domestic violence order—when the proceeding is adjourned; or(iii)if the court dismisses the application—when the application is dismissed;
(d)if an application for a protection order, or to vary a protection order, is made under section 100QA and it is not reasonably practicable to bring the person before a court for the hearing of the application while the person is still in lawful custody—when the application is made and a police officer is able to comply with section 124(1)(a);(e)if a circumstance mentioned in section 118(2) applies—when the police officer forms the belief mentioned in section 118(2)(a) or (b).
(2)Section 119(2), ‘(1)(a)(i) or (c), or an application is prepared under subsection (1)(b)’—omit, insert—(1)(b) or (c)(i), or an application is made as mentioned in subsection (1)(d)36Amendment of s 124 (Release of person from custody)(1)Section 124(1)(a)—omit, insert—(a)in relation to the police protection direction issued under section 118(1)(a)—serve a copy of the direction on the person in compliance with section 100O; and
(2)Section 124(1)(d) and (e)—omit.(3)Section 124(2), ‘and sections 101A, 118 and 125 do’—omit, insert—does(4)Section 124(2)(a) and (b), ‘notice’—omit, insert—direction37Omission of s 125 (When police officer must release person on conditions)Section 125—omit.38Amendment of s 129 (When police officer may apply for temporary protection order)(1)Section 129(1)(a), after ‘prepared’—insert—or made(2)Section 129(2)—omit.39Amendment of s 131 (When magistrate may make temporary protection order)(1)Section 131(1)(b), ‘129(1)’—omit, insert—129(2)Section 131(1)(c)—omit.40Amendment of s 150 (Protected witnesses)(1)Section 150—insert—(1A)This section also applies in relation to a proceeding under this Act if—(a) there is a protection order in force; and(b)the aggrieved in the proceeding is named as the respondent in the protection order; and(c)the respondent in the proceeding is named as the aggrieved in the protection order (the first aggrieved); and(d)the first aggrieved, or a relative or associate of the first aggrieved named in the protection order, (each also a protected witness) is to give, or is giving, evidence in the proceeding.
(2)Section 150(2)(c) and (d), after ‘respondent’—insert—or, if subsection (2) applies in relation to the proceeding, the aggrieved(3)Section 150(3), ‘subsection (2)(a), (b), (c) or (d)’—omit, insert—subsection (3)(a), (b), (c) or (d)(4)Section 150(1A) to (4)—renumber as section 150(2) to (5).41Amendment of s 151 (Restriction on cross-examination in person)(1)Section 151(1), ‘This section applies’—omit, insert—Subsections (2) to (4) apply(2)Section 151(4), ‘this section’—omit, insert—subsection (2) or (3)(3)Section 151—insert—(5)Subsection (6) applies in relation to a proceeding for an application for a protection order in the circumstances mentioned in section 41F(1)(a) to (d), or an application to vary a protection order in the circumstances mentioned in section 41F(5)(a) to (d), if—(a)a protected witness gives evidence in the proceeding; and(b)the aggrieved in the proceeding wishes to cross-examine the protected witness; and(c)the aggrieved is not represented by a lawyer.
(6)Subsections (2) to (4) apply in relation to the proceeding as if a reference in the subsection to the respondent were a reference to the aggrieved.42Amendment of s 160 (Prohibition on obtaining copies of documents for proceeding)(1)Section 160, heading, after ‘proceeding’—insert——general(2)Section 160(2)(a), before ‘a party’—insert—subject to section 160AA,(3)Section 160(2)(b), before ‘a person’—insert—subject to section 160AA,(4)Section 160(2)(f), before ‘an accredited’—insert—subject to section 161A(2),43Insertion of new s 160AAAfter section 160—insert—160AA Restriction on disclosure of sensitive material for proceeding(1)This section applies in relation to the following (each sensitive material) in a proceeding for an application to make or vary a domestic violence order— (a)sensitive evidence within the meaning of the Criminal Code, section 590AF;(b)a recording within the meaning of the Evidence Act 1977, section 21AY;(c)a recorded statement;(d)a transcript of a recorded statement;(e)a section 93A criminal statement or a section 93A transcript within the meaning of the Evidence Act 1977, schedule 3.
(2)Each of the following persons is not entitled to view, examine or obtain a copy of sensitive material other than as provided for under this section—(a)a party to the proceeding; (b)a person named in an order made in the proceeding.
(3)The court may direct how a person may view and examine, or obtain a copy of, sensitive material for the purposes of the proceeding subject to the conditions the court considers appropriate.(4)If a party is represented by a lawyer, the court may make an order for the lawyer to view and examine, or obtain a copy of, sensitive material.(5)If a party is not represented by a lawyer, the court may direct that the party may view and examine sensitive material for the purposes of the proceeding at a stated place—(a)under the supervision of an appropriate person; and(b)subject to any other conditions the court considers appropriate to ensure—(i)the sensitive material will be viewed and examined for a legitimate purpose connected with the proceeding; and(ii)there is no unauthorised reproduction or circulation of the sensitive material; and(iii)the integrity of the sensitive material is protected.
(6)Also, if a party is not represented by a lawyer, the court may make an order for the party to be given a transcript of a recorded statement.(7)Subsections (4) to (6) do not limit subsection (3).(8)In this section—appropriate person, for a proceeding, means—(a)a police officer; or(b)the clerk of the court; or(c)a lawyer representing a party who filed the sensitive material in the proceeding.
recorded statement means a recorded statement within the meaning of the Evidence Act 1977, section 103A.44Amendment of s 161A (Accredited media entity may apply for copy of transcript of proceeding for application)(1)Section 161A—insert—(1A)However, an accredited media entity is not entitled to a copy of a transcript mentioned in subsection (1) to the extent the transcript contains information that is sensitive material under section 160AA(1).(2)Section 161(1A) to (4)—renumber as section 161(2) to (5).45Amendment of s 175 (Meaning of properly notified)Section 175(1)(c) and (d)—omit.46Insertion of new s 177AABefore section 177A—insert—177AA Repeated contravention of domestic violence order(1)A respondent against whom a domestic violence order is enforceable under section 177 commits an offence if the respondent—(a)contravenes the domestic violence order; and(b)within a period of 28 days immediately before the contravention, the respondent contravened the same domestic violence order, or another domestic violence order for the benefit of the same aggrieved, on at least 2 other occasions.
Maximum penalty—240 penalty units or 5 years imprisonment.(2)A proceeding may be started under subsection (1) against the respondent regardless of whether a proceeding has been started for an offence against section 177 for any of the contraventions of a domestic violence order mentioned in subsection (1).(3)However, if the respondent is convicted or acquitted of an offence against section 177 for a particular contravention of a domestic violence order, that contravention must be disregarded for the purposes of subsection (1).(4)For subsection (1)—(a)each domestic violence order mentioned in subsection (1) must have been enforceable under section 177 against the respondent when the respondent contravened the order; and(b)in a proceeding for an offence against subsection (1), section 177(4) and (5) applies in relation to the respondent.
(5)In a proceeding for an offence against subsection (1), the respondent may alternatively be convicted of an offence against section 177 if the court is satisfied an offence against that section is established by the evidence.(6)It is not a defence in a proceeding for an offence against subsection (1) involving a recognised interstate order that a person did not know—(a)it is an offence to contravene the recognised interstate order in Queensland; or(b)the recognised interstate order could be varied in Queensland; or(c)if the recognised interstate order is a registered New Zealand order—that the New Zealand order could be registered or varied in Queensland.
(7)To remove any doubt, it is declared that if a domestic violence order mentioned in subsection (1) protects any named persons, a contravention mentioned in that subsection includes a contravention of an order in relation to any of the named persons.47Amendment of s 177A (Contravention of a police protection direction)(1)Section 177A, heading, ‘a’—omit.(2)Section 177A(2), penalty—omit, insert—Maximum penalty—(a)if, within 5 years before the commission of an offence against this subsection, the respondent has been previously convicted of a domestic violence offence—240 penalty units or 5 years imprisonment; or(b)otherwise—120 penalty units or 3 years imprisonment.
(3)Section 177A(3)—omit, insert—(3)A court hearing proceedings for the prosecution of an offence against subsection (2) must consider—(a)whether the police protection direction was issued in substantial compliance with part 4, division 1A; and(b)whether to make a protection order or to vary a protection order under section 42.
48Insertion of new s 177ABAfter section 177A—insert—177AB Repeated contravention of police protection direction(1)A respondent in relation to whom a police protection direction is in force commits an offence if the respondent—(a)contravenes the direction; and(b)within a period of 28 days immediately before the contravention, the respondent contravened the same direction, or another police protection direction for the benefit of the same aggrieved, on at least 2 other occasions.
Maximum penalty—240 penalty units or 5 years imprisonment.(2)A proceeding may be started under subsection (1) against the respondent regardless of whether a proceeding has been started for an offence against section 177A for any of the contraventions of a police protection direction mentioned in subsection (1).(3)However, if the respondent is convicted or acquitted of an offence against section 177A for a particular contravention of a police protection direction, that contravention must be disregarded for the purposes of subsection (1).(4)For subsection (1)—(a)the court must consider whether each police protection direction mentioned in subsection (1) was issued in substantial compliance with part 4, division 1A; and(b)section 177A(4) applies in relation to each police protection direction mentioned in subsection (1).
(5)In a proceeding for an offence against subsection (1), the respondent may alternatively be convicted of an offence against section 177A if the court is satisfied an offence against that section is established by the evidence.(6)To remove any doubt, it is declared that if a police protection direction mentioned in subsection (1) protects any named persons, a contravention mentioned in that subsection includes a contravention in relation to any of the named persons.49Omission of ss 178 and 179Sections 178 and 179—omit.50Amendment of s 180 (Aggrieved or named person not guilty of offence)(1)Section 180, from ‘, police protection direction’ to ‘conditions’—omit, insert—or police protection direction(2)Section 180(a), ‘177A, 178 or 179’—omit, insert—177AA, 177A or 177AB51Amendment of s 189 (Evidentiary provision)(1)Section 189(3)(a) and (c), ‘or stated police protection notice’—omit.(2)Section 189(3)(d) and (e)—omit.52Amendment of s 192A (Review of police protection directions provisions)Section 192A(1)—omit, insert—(1)The Minister must ensure the operation of the police protection direction provisions is reviewed as soon as practicable after the day that is 1 year after the commencement.53Insertion of new pt 10, div 8Part 10—insert—Division 8Transitional provisions for Domestic and Family Violence Protection and Other Legislation Amendment Act 2026245Definitions for divisionIn this division—amendment Act means the Domestic and Family Violence Protection and Other Legislation Amendment Act 2026.former, in relation to a provision of this Act, means the provision as in force immediately before the commencement.new, in relation to a provision of this Act, means the provision as in force from the commencement.246Application of new s 41F to particular proceedingsNew section 41F applies to a proceeding for an application for a protection order, or to vary a protection order, in the circumstances mentioned in new section 41F(1)(a) to (d) or (5)(a) to (d) whether the application was made before or after the commencement.247Duration of police protection directions(1)This section applies to a police protection direction that took effect before the commencement.(2)Former section 100R(3)(a) continues to apply to the police protection direction as if new section 100R(3)(a) had not commenced.248Police review of police protection direction on police initiative(1)This section applies to a police review of a police protection direction started under former section 100T but not decided before the commencement.(2)On the commencement the review is discontinued.249Police review of police protection direction on application(1)This section applies to a police review of a police protection direction started under former section 100U but not decided before the commencement.(2)Former part 4, division 1A, subdivision 4 continues to apply to the review as if the amendment Act had not commenced.250Protected witnessesNew sections 150 and 151 apply in relation to a proceeding whether the application for the proceeding was made before or after the commencement.251Sensitive materialNew sections 160, 160AA and 161A apply in relation to a proceeding whether the application for the proceeding was made before or after the commencement.252Application of ss 177AA and 177AB(1)Sections 177AA and 177AB apply in relation to a domestic violence order or police protection direction that was in force immediately before the commencement. (2)However—(a)section 177AA applies in relation to a contravention by a respondent of a domestic violence order only if each contravention by the respondent mentioned in section 177AA(1) occurred after the commencement; and(b)section 177AB applies in relation to a contravention by a respondent of a police protection direction only if each contravention by the respondent mentioned in section 177AB(1) occurred after the commencement.
253Police protection notice continues(1)This section applies in relation to— (a)a police protection notice in force against a respondent immediately before the commencement; and(b)an offence committed against former section 178 before the commencement in relation to the notice.
(2)A police protection notice mentioned in subsection (1)(a) continues in force and remains enforceable, and the former provisions of this Act continue to apply in relation to the notice and to the respondent against whom the notice is in force as if the amendment Act had not commenced.(3)To remove any doubt, and without limiting the Acts Interpretation Act 1954, section 20, it is declared that a proceeding for an offence mentioned in subsection (1)(b) may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act had not commenced.(4)Subsection (3) applies despite the Criminal Code, section 11.254Release conditions continue(1)This section applies in relation to—(a)release conditions imposed on a person under former section 125 that are in force immediately before the commencement; and(b)an offence against former section 179 committed by a person before the commencement.
(2)The release conditions continue in force and remain enforceable, and the former provisions of this Act continue to apply in relation to the release conditions and to a person in relation to whom release conditions are in force as if the amendment Act had not commenced.(3)To remove any doubt, and without limiting the Acts Interpretation Act 1954, section 20, it is declared that a proceeding for an offence mentioned in subsection (1)(b) may be continued or started, and the person may be convicted of and punished for the offence, as if the amendment Act had not commenced.(4)Subsection (3) applies despite the Criminal Code, section 11.54Amendment of schedule (Dictionary)(1)Schedule, definitions cool-down condition, named person, no-contact condition and police protection notice—omit.(2)Schedule—insert—cool-down condition see section 100HA(1).no-contact condition see section 100HB(1).recovery condition see section 100HE(1).(3)Schedule, definition local Magistrates Court, paragraph (a)—omit, insert—(a)for a respondent named in a police protection direction—the Magistrates Court where the police protection direction was filed under section 100QA; or
(4)Schedule, definition ouster condition, paragraph (b)—omit, insert—(b)in relation to a police protection direction, see section 100HC.
(5)Schedule, definition police protection notice—omit, insert—police protection notice means a notice issued under section 101 or 101A as in force from time to time before the commencement of the Domestic and Family Violence Protection and Other Legislation Amendment Act 2026, section 33.(6)Schedule, definition protected witness, ‘section 150(1)’—omit, insert—section 150(1) and (2)(7)Schedule, definition release conditions—omit, insert—release conditions means conditions imposed under section 125 as in force from time to time before the commencement of the Domestic and Family Violence Protection and Other Legislation Amendment Act 2026, section 37.(8)Schedule, definition return condition, paragraph (b)—omit, insert—(b)in relation to a police protection direction, see section 100HD(1).
(9)Schedule, definition standard conditions, paragraph (b)—omit, insert—(b)in relation to a police protection direction, see section 100G.
Part 3Amendment of Domestic and Family Violence Protection Regulation 202355Regulation amendedThis part amends the Domestic and Family Violence Protection Regulation 2023.56Amendment of pt 2, div 1, hdg (Prescribed matters)Part 2, division 1, heading, ‘matters’—omit, insert—matter57Amendment of s 1B (Courts that can impose monitoring device condition—Act, s 66B)Section 1B, from ‘each of the following’—omit, insert—a Magistrates Court in each Magistrates Court district is a court that can impose a monitoring device condition on a respondent.58Omission of s 1C (Requirement relating to residential addresses of respondent and aggrieved—Act, s 66B)Section 1C—omit.59Amendment of s 1G (Purposes for sharing monitoring information)Section 1G(1)—insert—(f)for monitoring information to be shared by a prescribed entity at the request of the police commissioner—assisting a police officer to perform a function related to a purpose mentioned in paragraphs (a) to (e) or another function for a law enforcement purpose under the Act or another law.
60Insertion of new s 1KAAfter section 1K—insert—1KA Sharing monitoring information at request of police commissioner(1)The police commissioner may, in writing, ask a prescribed entity to give the commissioner monitoring information, other than information relating to a safety device, if the commissioner reasonably suspects the information would assist a police officer with—(a)assessing whether there is a serious threat to the aggrieved or named person’s life, health or safety because of domestic violence; or(b)lessening or preventing a serious threat to the aggrieved or named person’s life, health or safety because of domestic violence; or(c)performing a function for any other law enforcement purpose under the Act or another law.
(2)The prescribed entity must give the police commissioner the information requested by the commissioner unless the entity does not possess, or have access to, the information.61Amendment of s 1O (Limits on monitoring information that may be shared)Section 1O, ‘and 1K’—omit, insert—, 1K and 1KA62Amendment of s 1P (Police use of monitoring information)Section 1P(1), ‘or 1K’—omit, insert—, 1K or 1KAPart 4Other amendmentsDivision 1Amendment of Bail Act 198063Act amendedThis division amends the Bail Act 1980.64Amendment of s 16 (Refusal of bail generally)Section 16(2)(f) and (6), definition relevant offence, paragraph (d), after ‘section 177(2)’—insert—, 177AA(1), 177A(2) or 177AB(1)65Insertion of new s 54Part 5—insert—54Transitional provision for Domestic and Family Violence Protection and Other Legislation Amendment Act 2026(1)Section 16, as amended by the Domestic and Family Violence Protection and Other Legislation Amendment Act 2026, applies in relation to the release of a person on bail on or after the commencement.(2)For subsection (1), it is irrelevant whether the alleged offence in relation to which the decision is made happened, or the proceeding for the offence was started, before or after the commencement.Division 2Amendment of Criminal Code66Code amendedThis division amends the Criminal Code.67Amendment of s 1 (Definitions)(1)Section 1, definition domestic violence offence, ‘act done, or omission made, which’—omit, insert—act or omission, or series of acts or omissions, done or made, that(2)Section 1, definition domestic violence offence, paragraph (b), after ‘section 177(2)’—insert—, 177AA(1), 177A(2) or 177AB(1)(3)Section 1, definition domestic violence offence, note—omit, insert—Note—Under the Domestic and Family Violence Protection Act 2012, sections 177(2) and 177A(2), a respondent against whom a domestic violence order or police protection direction has been made or issued under that Act must not contravene the order or direction. Also, under sections 177AA(1) and 177AB(1) of that Act, the respondent must not repeatedly contravene the domestic violence order or police protection direction.Division 3Amendment of Evidence Act 197768Act amendedThis division amends the Evidence Act 1977.69Amendment of s 21M (Meaning of protected witness)(1)Section 21M(1)(e), ‘domestic violence order-related’—omit, insert—domestic violence-related(2)Section 21M(1)(e)(i), after ‘order’—insert—or police protection direction(3)Section 21M(3), definition domestic violence order-related offence—omit.(4)Section 21M(3)—insert—domestic violence-related offence, in relation to a domestic violence order or police protection direction, means—(a)an offence against the Domestic and Family Violence Protection Act 2012, section 177(2), 177AA(1), 177A(2) or 177AB(1); or(b)an offence for an act or omission, or series of acts or omissions, that also constitutes an offence mentioned in paragraph (a).
police protection direction see the Domestic and Family Violence Protection Act 2012, schedule.70Amendment of s 103B (Meaning of domestic violence offence)(1)Section 103B(b), after ‘act or omission’—insert—, or series of acts or omissions, (2)Section 103B(b)(ii), after ‘section 177(2)’—insert—, 177AA(1), 177A(2) or 177AB(1)(3)Section 103B, note—omit, insert—Note—Under the Domestic and Family Violence Protection Act 2012, sections 177(2) and 177A(2), a respondent against whom a domestic violence order or police protection direction has been made or issued under that Act must not contravene the order or direction. Also, under sections 177AA(1) and 177AB(1) of that Act, the respondent must not repeatedly contravene the domestic violence order or police protection direction.Division 4Amendment of Explosives Act 199971Act amendedThis division amends the Explosives Act 1999.Note—See also the amendments in schedule 1.72Amendment of s 12B (Criteria for deciding applications)Section 12B(3)—omit, insert—(3)The applicant is not a suitable person to hold the security clearance if the applicant is named as the respondent in a domestic violence order, police protection direction or interstate police domestic violence order that is in force.73Amendment of s 25A (Immediate suspension in particular circumstances)Section 25A(1)—omit, insert—(1)This section applies to the holder of an authority or security clearance if the holder is named as the respondent in a temporary protection order or interstate police domestic violence order.74Amendment of sch 2 (Dictionary)(1)Schedule 2—insert—interstate police domestic violence order means an interstate domestic violence order given by a police officer.(2)Schedule 2, definition police protection notice, paragraphs (a) and (b)—omit, insert—(a)a police protection notice as defined under the Domestic and Family Violence Protection Act 2012, schedule; or(b)an interstate police domestic violence order.
(3)Schedule 2, definition release conditions, ‘section 125(2)’—omit, insert—schedule.Division 5Amendment of Family Responsibilities Commission Act 200875Act amendedThis division amends the Family Responsibilities Commission Act 2008.76Amendment of s 43A (Notice about police protection direction)(1)Section 43A(1)(b), ‘either or both’—omit, insert—any(2)Section 43A(1)(b)—insert—(iii)if the respondent is a child—the police commissioner becomes aware that the child or a parent of the child lives, or at any time after the start day has lived, in a welfare reform community area.
77Amendment of schedule (Dictionary)Schedule, definition relevant person, paragraph (e)—omit, insert—(e)for a PPD notice—(i)if the respondent for the police protection direction the subject of the PPD is a child—any parent of the child, or the child; or(ii)otherwise—the respondent for the police protection direction the subject of the PPD notice.
Division 6Amendment of Penalties and Sentences Act 199278Act amendedThis division amends the Penalties and Sentences Act 1992.79Amendment of s 9 (Sentencing guidelines)Section 9(10D)(b)(i)—insert—(F)a police protection direction;
80Insertion of new pt 14, div 29Part 14—insert—Division 29Transitional provision for Domestic and Family Violence Protection and Other Legislation Amendment Act 2026268Application of s 9 to sentencing offenders after commencementSection 9, as amended by the Domestic and Family Violence Protection and Other Legislation Amendment Act 2026, applies to the sentencing of an offender after the commencement whether the offence or conviction happened before or after the commencement.Division 7Amendment of Police Powers and Responsibilities Act 200081Act amendedThis division amends the Police Powers and Responsibilities Act 2000.Note—See also the amendments in schedule 1.82Amendment of s 714 (Disposal of weapons)Section 714—insert—(4)To remove any doubt, it is declared that the forfeiture under subsection (3) of a weapon seized from, or surrendered by, a respondent under section 610(2) is not affected by—(a)a court order setting aside a police protection direction against the respondent under the Domestic and Family Violence Protection Act 2012, section 100QC or 100ZD; or(b)a revocation of a police protection direction against the respondent under the Domestic and Family Violence Protection Act 2012, section 100S.
83Amendment of s 721 (Dealing with forfeited things)Section 721—insert—Note—See also section 714(3) and (4) in relation to the forfeiture of a weapon to the State.84Insertion of new ch 24, pt 31Chapter 24—insert—Part 31Transitional provisions for Domestic and Family Violence Protection and Other Legislation Amendment Act 2026909Definitions for partIn this part—amendment Act means the Domestic and Family Violence Protection and Other Legislation Amendment Act 2026.former, in relation to a provision of this Act, means the provision as in force immediately before the commencement.910Application of partThis part applies in relation to a police protection notice or release conditions continued in force under the Domestic and Family Violence Protection Act 2012, section 253 or 254.911Arrest without warrant and contravention of police protection notice or release conditionsFormer section 365 continues to apply in relation to an arrest, without a warrant, for an offence against the Domestic and Family Violence Protection Act 2012, section 178 or 179 as continued under section 253 or 254 of that Act as if the amendment Act had not commenced.912Seizure and surrender of weapon from respondent named in police protection notice or release conditionsFormer section 610 continues to apply in relation to the seizure and surrender of a weapon that a person named as the respondent in a police protection direction is to be given to a police officer under the Weapons Act 1990, section 29B as continued under section 208(2) of that Act as if the amendment Act had not commenced.913Service of police protection notice or release conditions by electronic communicationFrom the commencement, each of the following are taken to be a prescribed document for the purposes of chapter 23, part 2—(a)a police protection notice;(b)a statement of matters relating to the police protection notice under the Domestic and Family Violence Protection Act 2012, section 111 as continued under section 250 of that Act;(c)a copy of the release conditions under the Domestic and Family Violence Protection Act 2012, section 125 as continued under section 250 of that Act.
85Amendment of sch 5A (Prescribed documents for service by electronic communication)(1)Schedule 5A, items 4, 5 and 6—omit.(2)Schedule 5A, items 7 to 11—renumber as schedule 5A, items 4 to 8.86Amendment of sch 6 (Dictionary)Schedule 6, definitions police protection notice and release conditions—omit.Division 8Amendment of Victims’ Commissioner and Sexual Violence Review Board Act 202487Act amendedThis division amends the Victims’ Commissioner and Sexual Violence Review Board Act 2024.88Amendment of s 39 (Meaning of relevant offence)Section 39(1)(c), ‘178(2) or 179(2)’—omit, insert—177AA(1), 177A(2), 177AB(1) or 179A(1) or (2)Division 9Amendment of Weapons Act 199089Act amendedThis division amends the Weapons Act 1990.Note—See also the amendments in schedule 1.90Amendment of s 10B (Fit and proper person—licensees)Section 10B(1)(d)—omit, insert—(d)whether, at any time—(i)the person is, or has been, named as a respondent in a domestic violence order, police protection direction or police protection notice; or(ii)the person has, or has had, release conditions imposed against them;
91Amendment of s 34AA (Effect of discharging domestic violence order or revoking or setting aside police protection direction)(1)Section 34AA(2)(b)(i), ‘section 100Y’—omit, insert—section 100S(2)Section 34AA(2)(b)(ii), ‘section’—omit, insert—section 100QC or92Amendment of s 141E (Matters to consider for making firearm prohibition orders—adults)Section 141E(2)(b)—insert—(iii)is or has been subject to a police protection direction;
93Insertion of new pt 8, div 11Part 8—insert—Division 11Transitional provision for Domestic and Family Violence Protection and Other Legislation Amendment Act 2026208Continuing effect of police protection notices and release conditions(1)This section applies in relation to a police protection notice or release conditions continued in force under the Domestic and Family Violence Protection Act 2012, section 253 or 254.(2)Former sections 27A, 28A, 29A and 29B continue to apply in relation to a weapon in the possession of the person who is named as a respondent in the police protection notice or release conditions.(3)Also, the person who is named as a respondent in the police protection notice or release conditions is taken to be an excluded person under new section 53(8)(f).(4)In this section—former, in relation to a provision of this Act, means the provision as in force immediately before the commencement.new, in relation to a provision of this Act, means the provision as in force from the commencement.94Amendment of sch 1AA (Class B serious offences)Schedule 1AA, entry for Domestic and Family Violence Protection Act 2012—insert—177A(2)Contravention of police protection directionif paragraph (a) of the penalty applies to the offence
177AA(1)Repeated contravention of domestic violence order
177AB(1)Repeated contravention of police protection direction
95Amendment of sch 2 (Dictionary)(1)Schedule 2, definition police protection notice, from ‘a police’ to ‘2012’—omit, insert—a police protection notice as defined under the Domestic and Family Violence Protection Act 2012, schedule(2)Schedule 2, definition release conditions, after ‘2012’—insert—, scheduleDivision 10Other amendments96Legislation amendedSchedule 1 amends the legislation it mentions.Schedule 1Other amendmentssection 96Explosives Act 19991Section 12H(1)(b)(ii), ‘police protection notice’—omit, insert—interstate police domestic violence order2Sections 12H(1)(b)(iii)—omit.3Sections 12H(3)(c), ‘protection notice’—omit, insert—interstate police domestic violence order4Section 25A(2)(c), ‘police protection notice’—omit, insert—interstate police domestic violence order5Section 25A(2)(b)—omit.6Section 25A(2)(c)—renumber as section 25A(2)(b).7Section 126AA(1A)(b)(i), ‘section 100Y’—omit, insert—section 100S8Section 126AA(1A)(b)(ii), ‘section 100ZD’—omit, insert—section 100QC or 100ZDExplosives Regulation 20171Sections 18B(1)(b), ‘police protection notice’—omit, insert—interstate police domestic violence order2Section 18B(1)(c)—omit.3Section 18B(1)(d) and (e)—renumber as section 18(1)(c) and (d).4Section 43A(1)(a)(iii) and (b)(ii), ‘police protection notice’—omit, insert—interstate police domestic violence order5Section 43A(1)(a)(iv) and (b)(iii)—omit.Domestic and Family Violence Protection Act 20121Sections 3(2)(b) and 21(5), ‘or police protection notice’—omit.2Sections 3(2)(c) and 21(1), (2) and (3), from ‘, police’ to ‘notice’—omit, insert—or police protection direction3Section 36A(1)(c)—omit.4Section 36A(2)(a)(i), ‘, notice’—omit.5Section 39(1), note—omit.6Section 44(2)(c)—omit.7Section 47B(1), note—omit.8Part 3, division 8, note under heading, from ‘, police protection direction’ to ‘conditions’—omit, insert—or police protection direction9Section 83(2) and (3), from ‘, police protection direction’ to ‘release conditions’—omit, insert—or police protection direction10Section 83(2), ‘, direction, notice or conditions’—omit, insert—or direction11Section 83(4)(b), from ‘or police’—omit, insert—and explains the direction.12Section 100F(2), note—omit.13Section 100M(1)(b), ‘section 100B(3)’—omit, insert—section 100B(4)14Section 134(a)(iii) and (b), ‘or police protection notice’—omit.15Section 134A(1)(d), (e) and (f), ‘or police protection notice’—omit.16Section 134A(1)(d), (e) and (f), ‘or notice’—omit.17Section 134F(2)(a), from ‘, police’ to ‘notice’—omit, insert—or police protection direction18Sections 135B(1) and 135C(1)(a), (b) and (2)(a), from ‘, police’ to ‘notice’—omit, insert—or police protection direction19Section 135C(1)(f), ‘or police protection notice’—omit.20Section 135C(1)(g)(i), from ‘, police protection direction’ to ‘conditions’—omit, insert—or police protection direction21Sections 135F(h), 135I(1)(d)(i), (2)(c) and (3) and 135M(1)(a)(i), from ‘, police’ to ‘notice’—omit, insert—or police protection direction22Section 135M(1)(a)(iii), ‘or police protection notice’—omit.23Section 171, definition interim order, paragraph (b)(ii) and (iii)—omit.24Section 171, definition interim order, paragraph (b)(iv) and (v)—renumber as paragraph (b)(ii) to (iii).25Section 172, from ‘, police protection direction’ to ‘conditions’—omit, insert—or police protection direction26Section 176A(1), note, ‘, and police’ to ‘issued,’—omit.27Section 179A(1)(a) and (3), from ‘, police protection direction’ to ‘release conditions’—omit, insert—or police protection direction28Section 179A(1)(b) and (c) and (3), ‘, direction, notice or conditions’—omit, insert—or direction29Section 179A(5), definition domestic violence behaviour, from ‘, police protection direction’ to ‘release conditions’—omit, insert—or police protection direction30Section 179A(5), definition domestic violence behaviour, ‘, direction, notice or conditions’—omit, insert—or direction31Section 184(5)(b)(i), from ‘or police protection notice’ to ‘that are,’—omit, insert—that is32Section 184(5)(b)(ii), ‘, or notice or conditions’—omit.33Section 184(7), ‘or police protection notice’—omit.34Section 184(7), ‘or notice’—omit.35Section 188(6), from ‘, a police protection direction’ to ‘conditions’—omit, insert—or a police protection directionIndustrial Relations Act 20161Section 296(2)(c)—omit.2Section 296(2)(d)—renumber as section 296(2)(c).3Section 296(3), definition police protection notice—omit.Police Powers and Responsibilities Act 20001Section 365(1)(j), ‘178, 179’—omit, insert—177AA, 177AB2Section 604(2), third example, from ‘, police protection direction’ to ‘conditions’—omit, insert—or police protection direction3Section 610, heading, from ‘, police protection direction’ to ‘conditions’—omit, insert—or police protection direction4Section 610(1), from ‘, police protection direction’ to ‘conditions’—omit, insert—or police protection direction5Section 610(2) and (4)(a), from ‘, direction’ to ‘conditions’—omit, insert—or direction6Section 610(2)(b), note, from ‘, police protection direction’ to ‘conditions’—omit, insert—or police protection direction7Section 610(3), first example, ‘, police protection direction or police protection notice’—omit, insert—or police protection direction8Section 715(b), from ‘, a police protection direction’ to ‘imposed’—omit, insert—or a police protection direction was issued9Section 715(b), from ‘, the direction’ to ‘imposed’—omit, insert—or the direction is issuedWeapons Act 19901Section 27A, heading, from ‘, police’ to ‘conditions’—omit.2Section 27A(1) and (2), from ‘, police protection notice’ to ‘conditions’—omit.3Section 27A(1), (2)(a), (4)(b) and (5), ‘, notice or conditions are’—omit, insert—is4Section 27A(2)(b), (3)(b), ‘, notice or conditions’—omit.5Section 29A(1)(a), from ‘, police protection direction’ to ‘conditions’—omit, insert—or police protection direction6Section 29A(2)(c) and (d), (3) and (4), from ‘, direction’ to ‘conditions’—omit, insert—or direction7Section 29B(1) and (7), ‘, police protection direction’ to ‘conditions’—omit, insert—or police protection direction8Section 29B(2)(a)(ii), ‘or notice’—omit.9Section 29B(2)(b) and (4), ‘, direction or notice’—omit, insert—or direction10Section 29B(2)(c)—omit.11Section 29B(3)(b)(i) and (c)(i), ‘, the direction takes effect or the notice is issued’—omit, insert—the direction takes effect12Section 29B(3)(b)(ii) and (c)(ii), ‘, direction’ to ‘conditions are’—omit, insert—or direction is13Section 53(8), definition excluded person, paragraph (f), ‘, police protection notice’ to ‘conditions’—omit.© State of Queensland 2026