Queensland Consolidated Acts

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DRUGS MISUSE ACT 1986 - SECT 131B

131B Evidence for ss 130, 131 and 131A—notice of challenge

(1) This section applies if an originating step for a proceeding for an offence to which section 130, 131 or 131A applies is taken.

(2) Within 28 days after the originating step is taken, the defendant in the proceeding may be served with a prosecution information notice.

(3) The prosecution information notice may be served on the defendant, and the service may be proved, in the same way as a summons under the Justices Act 1886, section 56.

(4) If the defendant wants to challenge a claim of which notice has been given in the prosecution information notice, the defendant must, within 28 days after the prosecution information notice is served on the defendant, give a challenge notice to—

(a) if the proceedings have been brought by a police officer—the commissioner of the police service; or
(b) if the proceedings have been brought by an environmental health officer—the chief executive for health.

(5) A magistrates court may extend the 28 day period mentioned in subsection (4) if the court considers it appropriate.

(6) In this section—

originating step, for a proceeding, means—

(a) the arrest of the defendant in the proceeding; or
(b) the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or
(c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382.


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