Clarity Law

It is generally well understood that Police stations are staffed and operating 24 hours per day, seven days per week inclusive of weekends and public holidays. This can result in an officer who has been assigned the investigation or follow up of a criminal or traffic matter to be working irregular or out of business hours shifts.

It necessarily follows that a police officer may contact a witness, suspect or person of interest to schedule an Electronic Record of Interview or request them attend the police station during one of their shifts.

This could look like a person receiving a phone call, text message or even a visit to their home address when they are not expecting it. While it may be useful for people to attend the police station outside of working hours, this may create an issue where a person wishes to exercise their right to have a solicitor present during any interview.

While it may not be entirely necessary for you to have a solicitor present during any interview that you elect to give (see our article on whether or not you should give an Electronic Record of Interview here), if you attend a Police station on a Public holiday or outside of business hours, there may be an impact on your chosen legal representatives availability or additional costs associated with that attendance.

What should I do if the Police want to talk to me during a public holiday or on a weekend?

If the police want to talk to you on a Saturday or Sunday, or worst-case Christmas Day, you have all the same rights as you would if it was any given Monday. You have the right to have a support person, family or Lawyer present during any questions. The issue arises of availability of your support person or legal representative.

If you have advanced warning of an interview, and you wish for your legal representative to be present it is usually best to attempt to reschedule the interview for a time that is within normal working hours. However, this may not always be achievable.

What happens if I am arrested on a Public Holiday or Weekend?

If you are arrested on a Public Holiday or Weekend, and the police decide not to give you watchhouse bail, then you will be held in the watchhouse until such time that the court can get you in front of a magistrate for a bail application. Some courts will run on Saturday for in custody matters, however that is not the case for every court.

What happens, you might ask if you are arrested during the Christmas Court Closure period? The court will be available for certain urgent matters, including bail applications as needed. Each Court will maintain an on-call Magistrate for the relevant times. The exception will of course be Christmas Day and Sundays.

Here is some more information about bail that may be useful

• Bail law in Queensland

• Show Cause Bail in Queensland: Presumption of Innocence and the Complexities of Domestic Violence Order Breaches

• Help! A Family Member Has Been Arrested: What Can I Do?

Conclusion

In conclusion, it is typically best to wait until working hours to attend on a police station for the purposes of an Electronic Record of Interview, or to receive documents. In the event that is not achievable, and you intend on having your lawyer available to you, give as much advance notice as possible and anticipate that there may be additional costs for that attendance.

Remember never give an interview to police unless you have first obtained legal advice.

In the complex realm of criminal law, the charge of unlawful wounding in Queensland carries serious implications. Understanding the nuances of this offence is crucial for individuals facing such allegations. This article provides a comprehensive guide to Queensland's unlawful wounding charge, covering key elements, defences and the role of criminal defence lawyers.

What does the law say?

Section 323 of the Criminal Code sets out the law in regarding to unlawful wounding.

Its states that;

             A person who unlawfully wounds anyone else commits a misdemeanour

What does the Prosecution need to prove?

In order to make out a charge of unlawful wounding the prosecutor must prove;

1. That the defendant wounded the complainant

2. That the wounding was unlawful. A wounding is unlawful unless it is authorised or justified or excused by law

In order to constitute a wound the “true skin” must be broken and penetrated, not merely the cuticle or outer skin.

Does a weapon need to be used?

No, also long as the skin (not the outer skin) is broken and penetrated then it does not matter if a weapon was used or not.

We often see this offences occur where someone is ”glassed” i.e. hit with a bottle or glass and that causes the wound. Glassing is often the action that lead most first time offenders to be charged with unlawful wounding.

What is the penalty for wounding?

The maximum penalty is 7 years imprisonment. In addition if the defendant was in a public place and intoxicated then community service must also be imposed.

How does the court decide a penalty?

The court has a wide discretion to decide on a penalty and how much importance to give to mitigating factor in each case. The court will likely consider factors, such as:

• the maximum penalty prescribed for that offence

• the nature and seriousness of the harm done

• the previous convictions of the offender

• the offender's age, character and intellectual capacity

• the prevalence of the offence

• any other relevant circumstances

Once the court looks at the main factors in determining a sentence they will look at the mitigating factors of the defendant. Mitigating factors are any information or evidence presented to the court regarding the defendant or the circumstances of the crime that might result in reduced charges or a lesser sentence

• Early guilty plea: This is one of the most significant mitigating factors, as it can result in a discount of up to 33% on the sentence . It also demonstrates remorse and cooperation with the justice system as well as an acceptance of responsibility for the offence

• No criminal history: This can show that the offender is of good character and that their offending was out of character or an isolated incident. It can also indicate a low risk of reoffending

• Significant physical or mental health issues or low intellectual capacity: These factors can affect the offender's culpability, meaning their level of blame or responsibility for their actions.

• Rehabilitation efforts after the offence: These can include things like attending counselling, completing courses, seeking treatment, paying compensation or apologising to the victim. They can show that the offender is genuinely remorseful and willing to address their underlying issues or problems that led to their offending

• Providing the court with character references

Important information on our blog that explains more on how a court decides a penalty.

How Does the Court Set a Prison Sentence?

Mitigation: How the court sets a sentence in Queensland

Will I go to jail for a unlawful wounding charge?

That’s impossible to answer without all the information circumstances known.

What we can say is that the Court of Appeal (our highest court) has made it clear that wounding charges, even from a first time offenders, would ordinarily require the court to sentence them to actual time in prison.

It all depends on the facts of a particular charge. The court might in the right circumstances wholly suspended a sentence or impose probation or immediate parole release all of which means no time is served in prison for the wounding charge.

Which court hears the wounding charge?

While the charge will start in the Magistrates court it must be ultimately determined in the District Court.

Are there defences to unlawful wounding?

The most likely defence someone would use to a wounding charge is self defence. In its most straight-forward formulation, self defence means protecting ourselves (or someone else) from violence, or anticipated violence. Self-defence is only available as a legal defence if the force used is “reasonable to repel the attack”

Once a defence is raised then the prosecutor has the burden to disprove the defence. Learn more about Self-Defence and the use of force: Your rights in Queensland

As unlawful wounding is a not an assault charge therefore the defence of provocation is not available.

Another defence might be what is known as an identification defence. While not a true defence in essence it means the prosecutor can’t provide beyond a reasonable doubt that it was definitely the defendant that caused the wound. For example there might have been a brawl involving lots of people and anyone could have caused the wound. Another example might be a glassing in a dark nightclub where it if difficult to positively identify the offender.

Can the charge be withdrawn?

Depending on the circumstances it may be possible to negotiate the charge with the prosecutor. This is called case conferencing. For example it might be possible to try and convince the prosecutor that the wounding was excused by law or the medical evidence does not meet the standard for a wounding charge and therefore the charge should be withdrawn.

Will I get a criminal conviction if I plead guilty to the charge?

The answer is possibly. It depends on a number of factors. Only an experienced criminal lawyer can give you advice on the best way to try and avoid a conviction being recorded if you plead guilty to this charge. Note however if imprisonment is part of the penalty then a conviction must be recorded.

The police want to talk to me about a wounding charge

Never ever give an interview to police without first getting legal advice. Even if you are innocent, even if you have a defence you could say the wrong thing and virtually guarantee you will be found guilty of the charge.

The police are not on your side, get immediate legal advice.

Learn more about your right to silence.

I’m not guilty of the wounding

Still don’t talk to the police. A lawyer would require the prosecutor to give them all their evidence and statements. This is known as the full brief of evidence. Once the brief was received then negotiations with the prosecutor to drop the charge can occur.

Learn more about what to do if accused of a crime you didn’t commit.

• I didn’t do it! What to do if Accused of a Crime you didn’t Commit

• Visit our main criminal law website

How do I get more information or engage you to act for me? 

If you want to engage us or just need further free information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email the firms founder on This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Queensland law provides that it is illegal to strike, harm or otherwise cause pain to another person. A person doing this would be guilty of an assault.

This would seem to make it illegal for a parent or guardian in Queensland to smack a child.

However the situation is not that simple as the law provides a defence or exemption for certain people but only if the physical discipline used was reasonable in all the circumstances.

The Law

It is important to remember that there is no separate charge of unreasonably disciplining your child, if you are charged it will be for an assault and the type of assault charge will be determined by the injuries suffered by the child.

The definition of an assault is where a person strikes, touches, moves, or otherwise applies force of any kind to another person, directly or indirectly, without the other person’s consent or threatens to apply force of any kind to another provided that the person making the attempt or threat has the ability to carry it out. As you can see the definition of assault is wide enough that you can be charged with assault merely by threatening an assault. The law is contained in the Criminal Code (Qld).

Are there different types of assaults?

There are a number of different types of assault charges in Queensland but the most common are;

Common Assault

Common assault is the most frequent assault charge that the Queensland Court hear. Generally a person will be charged with common assault where the person assaulted has only minor injuries or no injuries at all. The maximum penalty is a term of imprisonment for 3 years and is dealt with in the Magistrates Court.

We have a dedicated common assault page

Assault occasioning bodily harm

An assault occasioning bodily harm occurs where the person assaulted has suffered injuries that fall within the definition of bodily harm. In Queensland “Bodily harm” means any injury which interferes with health or comfort. The maximum sentence for assault occasioning bodily harm is 7 years.

The matter is dealt with in either the Magistrates Court or the District Court. We have a dedicated assault occasioning bodily harm page.

Under the assault laws it would be illegal to smack your child no matter the circumstances. However Section 280 of the Criminal Code provides the following exemption to allow parents to physically discipline their children. The law provides that;

It is lawful for a parent or a person in the place of a parent, or for a schoolteacher or master, to use, by way of correction, discipline, management or control, towards a child or pupil, under the person’s care such force as is reasonable under the circumstances.

What are the key points of the defence or exemption on smacking children?

The key points for the exemption are as follows;

• It applies to parents or a person in the place of a parent (as well as schoolteacher)

• The force must be used for the correction, discipline, management or control, of a child

• The child must be under the persons care at the time

• The force must be reasonable in the circumstances

Let’s look in more detail at those keys elements.

A child – Means someone under 18 years of age.

Correction, discipline, management or control – These are the only allowed reasons to use physical force on a child. Smacking a child out of frustration or anger unless it is for correction, discipline, management or control is not allowed. Force can only be used when disciplining the child.

Reasonable force – The amount of force used must be reasonable in all the circumstances. There is no definition of reasonable in the legislation. It is also important to note that it is not up to the parent to show the force was reasonable it is up to the prosecutor to show the force was unreasonable in all the circumstances. How is reasonable force judged? That would be up to the jury or magistrate to decide based on the common definition of “reasonable” but some factors might include;

• What level of force was used?

• What non physical discipline was used first before physical force was needed?

• Did the force result in injuries?

• What was child was doing that needed physical force to be used to discipline them?

• How old is the child?

What defences might I have if charged with assault because I smacked my child?

The defences would be the same as any assault charge plus that the force used was reasonable in all the circumstances.

What if my “child” is over 18 years old?

If you use physical force on your “child” when they are over 18 then the exemption does not apply and you could be charged with assault.

Which Court would hear the charge?

It all depends on the type of assault charge you are charged with. If it is common assault then the Magistrates court will hear the charge. If it is ror assault occasioning bodily harm then you can choose the Magistrates or District Court to hear the charge. If it is a charge of grievous bodily harm then the District Court will hear the charge.

Can the charge be withdrawn?

Depending on the circumstances it may be possible to negotiate the charge with the prosecutor. This is called case conferencing. For example it might be possible to try and convince the prosecutor that the force was reasonable and therefore the charge should be withdrawn.

Will I get a criminal conviction if I plead guilty to the charge?

The answer is possibly. It depends on a number of factors. Only an experienced criminal lawyer can give you advice on the best way to try and avoid a conviction being recorded if you plead guilty to this charge.

Never give an interview to police without first getting legal advice.

Learn more about your right to silence.

What should I do if the police want to talk to me or charge me with smacking my child?

You need immediate legal advice from an experienced criminal defence lawyer. Saying the wrong thing to the police can assure you will be convicted of the offence or receive a more serious penalty. There are things you can do to protect your interests and rights or minimise the penalty if you plead guilty, a lawyer will be able explain what exactly you need to do or shouldn’t do.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further free information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email the firms founder on This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

The law in Queensland provides that it is an offence to leave a child under the age of 12 unattended for an “unreasonable time” without making provision for their supervision and care.

Legislation

The relevant legislation is the Criminal Code 1899 - Section 364A.

The law states that;

A person who, having the lawful care or charge of a child under 12 years, leaves the child for an unreasonable time without making reasonable provision for the supervision and care of the child during that time commits a misdemeanour.

Penalty—

Maximum penalty—3 years imprisonment.

Whether the time is unreasonable depends on all the relevant circumstances.

What does the prosecutor need to prove?

The prosecutor would need to prove all of the following;

1. The person had lawful care or charge of a child

2. The child was under 12

3. The person left the child

4. The time the person left the child alone was unreasonable

5. The person did not make reasonable provision for the supervision or care of the child

Determination of unreasonable time

Whether the time is unreasonable depends on all the relevant circumstances. The court would likely look at the following factors

• The age of the child. Obviously the older the child the more reasonable it is to leave the child alone

• The maturity of the child. The more mature the child the more likely then could care for themselves

• The length of time the child was left alone

• Whether the child had access to neighbours or a phone to seek help if something occurred

• The reason the child was left alone

Penalty for the charge of leaving a child unattended

The maximum penalty for committing an offence against this section is three years imprisonment. The court can impose a lesser sentence and has the option whether to record a conviction or not.

Examples of the charge of leaving a child unattended

AJM v Commissioner of Police

The defendant drove his vehicle into an underground carpark attached to a Shopping Centre at New Farm. The recorded temperature on this day was 38 degrees Celsius. The defendant parked his vehicle in the undercover carpark. At this time, his 4 year old son was restrained in a car seat in the front, passenger seat of the vehicle. He had been asleep, but stirred. The defendant asked his young son if he wanted to come into the shops and the child indicated that he did not.

The defendant turned the vehicle off. He left the front, passenger seat window down and he left the vehicle unlocked. He took the car keys with him. A short time later, a witness observed the defendant’s son in the vehicle. The witness remained with the young child while his wife went up the stairs to the shops to look for the defendant. She could not find him. The witness then opened the door to the vehicle so that he could fan the defendant’s son. He attempted to wake the young child but he was unable to do so.

Approximately 15 minutes after first observing the defendant’s son in the vehicle, the witness contacted the police and they arrived about five minutes later. The police also attempted to wake the young child but were unable to do so. It was thought by the police that he was unconscious. The child was removed from the vehicle to an air-conditioned police vehicle and subsequently transported by ambulance to hospital as a precautionary measure. He was released a short time later.

The defendant pleaded guilty.

Kim v Commissioner of Police

The victim child was five years old. Approximately 11am police attended a house at Windsor, in relation to reports a young child could be heard calling out at the address and sounding to be in distress.

Upon arrival, police observed the victim child at the address. However, the child could not open the door for police. Police forced entry to the address, located the victim child within the residence alone. The child was located wearing winter clothing. The unit was hot, and observed to be locked up with no fans or windows or doors open. There was food and drink left out for the child. The victim child was changed into cooler clothing by police, and QAS attended. They said the child was in good health, however, was very thirsty.

At 12.25pm that day, the defendant returned to the address. The defendant stated that she was the child’s auntie. The defendant admitted that she had been at work since 9am that morning, that she had returned home on her break at work to check on the victim child, and intended to return to work after she had checked on the child.

There was no supervision or provision for care for the victim child arranged.

The defendant pleaded guilty.

Defences

The following might be a defence to the charge;

1. The person did not have lawful care or charge of the child

2. The child was over 12

3. The person did not leave the child unattended

4. The time the person left the child alone was reasonable in all the circumstances

5. The person made reasonable provision for the supervision or care of the child

What court hears the charge?

The charge is a misdemeanour and so the matter will be heard in the Magistrates Court.

Can the charge be withdrawn?

Depending on the circumstances it may be possible to negotiate the charge with the prosecutor. This is called case conferencing. For example it might be possible to try and convince the prosecutor that the time the child was left was reasonable in all the circumstances and so the charge should be withdrawn.

Will I get a criminal conviction if I plead guilty to the charge?

The answer is possibly. It depends on a number of factors. Only an experienced criminal lawyer can give you advice on the best way to try and avoid a conviction being recorded if you plead guilty to a charge of leaving a child unattended.

What should I do if the police want to talk to me or charge me with leaving a child unattended?

You need immediate legal advice from an experienced criminal defence lawyer. Saying the wrong thing to the police can assure you will be convicted of the offence or receive a more serious penalty. There are things you can do to protect your interests and rights or minimise the penalty if you plead guilty, a lawyer will be able explain what exactly you need to do or shouldn’t do.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further free information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email the firms founder on This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Charged with shoplifting when innocent? If you have been wrongly accused or charged with shoplifting what should you do to protect your rights?

What actually is shoplifting?

There are two different charges under Queensland law for shoplifting, that is “shoplifting’ if the alleged theft involved good less than $150 or ‘stealing’ where the goods are alleged to have cost more than $150.

What does the law say?

The Regulatory Offences Act defines shoplifting as follows;

5 UNAUTHORISED DEALING WITH SHOP GOODS

(1) Any person who, with respect to goods in a shop of a value of $150 or less—

(a) consumes them without the consent, express or implied, of the person in lawful possession of them; or

(b) deliberately alters, removes, defaces or otherwise renders indistinguishable a price shown on them, without the consent, express or implied, of the person in lawful possession of them; or

(c) whether or not the property in the goods has passed to the person, takes them away without discharging, or attempting honestly, or making proper arrangements, to discharge his or her lawful indebtedness therefor;

is guilty of a regulatory offence and, subject to section 9, is liable to a fine of 6 penalty units.

(1A) Without limiting subsection (1) (b) , a price may be shown on goods by a bar code or a similar device.

(2) It is a defence to a charge of an offence defined in subsection (1) (c) to prove the taking away of the goods was not dishonest.

What are the defences to shoplifting?

The main defence would be that you did not take the goods dishonestly. That is, you had an intention and ability to pay for the goods but something has occurred and you have left the premises without paying for the goods but importantly did not do so dishonestly.

For example you may have intended to purchase the store goods but left the store without paying for them because;

1. You thought you scanned the goods at the self checkout but actually didn’t
2. The goods were caught up with other goods and you did not notice
3. You genuinely forgot to pay for some goods

The key thing is that the non payment of the taken goods must not be dishonest.

If I had a defence why did the police charge me?

The problem is that dishonestly taking goods and honestly forgetting to pay for goods look basically the same. You have entered a store and then left without paying for some or all of the goods. This is the fundamental difficulty with shoplifting its hard to distinguish between genuine mistake and actual theft.

Generally we have found that the police would do the following when determining if someone should be charged with shoplifting;

• Talk to any store staff or detectives to see what they say occurred
• Look to any store footage
• Look at what goods were allegedly stolen
• Look at how the goods taken without paying were removed from the store
• Check the criminal history of the accused

I didn’t shoplift, what should I do?

Understanding your rights is fundamental when facing false accusations. You have the right to:

• Remain silent: You are not obligated to answer questions without legal representation present.
• Request to speak to a lawyer: Invoke your right to a lawyer immediately, and don't proceed with any questioning until one is present.

It is generally ok to return the goods you didn’t pay for but without legal advice do not give a statement to the police or store employees.

If you are arrested then the first step is to talk to a experienced lawyer who can give you advice and outline how the approach the matter before the courts.

You should also make a written summary of everything people said to you including store members and police. Have a look can you see cameras in the store? Or any witnesses that saw what occurred.

What would a lawyer do if I’m not guilty of shoplifting?

First the lawyer would talk you through your different options and best strategies so you understand the process.

Then they would probably;

1. Request from the prosecutor a copy of their court brief (called the QP9)
2. Request any footage from the prosecutor
3. Look at the allegations in the QP9
4. Take your statement
5. Determine the strength of the police case
6. Look to do case conferencing.

Case conferencing is the process of trying to get the prosecutor to drop the charges without the charge needing to go to a trial. This would be the absolute best outcome as the charge would go away and no trial would need to occur.

Learn more about case conferencing.

If the case conferencing did not result in the charge being withdrawn then you would have to make one of two choices, either plead guilty to the charge or plead not guilty and have a Magistrate decide if you are guilty nor not.

How do I get more information or engage you to act for me? 

If you want to engage us or just need further free information or advice then you can either;

1. Use our contact form and we will contact you by email or phone at a time that suits you

2. Call us on 1300 952 255 seven days a week, 7am to 7pm

3. Click here to select a time for us to have a free 15 minute telephone conference with you

4. Email the firms founder on This email address is being protected from spambots. You need JavaScript enabled to view it.

5. Send us a message on Facebook Messenger

6. Click the help button at the bottom right and leave us a message

We are a no pressure law firm, we are happy to provide free initial information to assist you. If you want to engage us then great, we will give you a fixed price for our services so you will know with certainty what we will cost. All the money goes into a trust account monitored by the Queensland Law Society and cannot be taken out without your permission or until we are legally allowed to.

If you don’t engage us that fine too, at least you will have more information on the charge and its consequences.

Also check out our main shoplifting page for more information.

Under Queensland law, the serving of alcohol by business establishments is regulated by legislation, with hefty penalties for non-compliance with the laws. This article will touch on these penalty provisions, rather than the laws with respect to applications for liquor licences.

The Relevant Laws

• Liquor Act 1992

Liquor Regulation 2002

Liquor (Approval of Adult Entertainment Code) Regulation 2002

• Wine Industry Act 1994

Wine Industry Regulation 2009

Offences and Penalties

The liquor laws are enforced by specially appointed police and Office of Liquor and Gaming Regulation investigators. The laws apply to those who sell liquor, whether a licenced premises or even online.

Under the Liquor Act 1992, there are more than 100 offences. They are generally dealt with by way of “on the spot” fines, which can be as high as $3,096 or as low as $309. The higher fines are for such infringements as:

• A manager of a licenced premises selling liquor to a minor.
• A manager of a licenced premises failing to prevent a minor from being in a pokies area.
• A manager of a licenced premises allowing liquor to be supplied to a minor.
• A manager of a licenced premises allowing liquor to be consumed by a minor on the premises.
• Selling liquor without a licence.
• Displaying liquor for sale without a licence.

The lower fines are for such infringements as:

• Failure to comply with Commissioner’s direction to repair ID scanner.
• Licensee fail to keep premises clean or in good repair.
• Fail to obtain approval for premises name change.
• Licensee allow sale, supply or consumption of liquor in car park.

More serious infringements can lead to fines of tens of thousands of dollars and other penalties. For example:

• Allow a disorderly patron to consume liquor: Maximum $77,400.
• Licensee engages in practices or promotions that encourage rapid or excessive consumption of liquor: Maximum $15,480.
• Failure to comply with CCTV conditions: Maximum $15,480.
• Allow intoxicated patron to consume liquor (how many times would this occur each weekend?): Maximum $77,400.
• Selling alcohol without a licence: up to $154,800 and 18 months imprisonment.

In case these eye-watering fines were not enough, the laws also give authorities the power to punish breaches of the Act by forcing a business to limit its opening ours, close its premises, or even cancel its liquor licence entirely.

What If You are Fined for A Liquor Licensing Matter?

An individual or business need not accept an on-the-spot fine, especially in circumstances where operators of the venue or staff had no knowledge of the offence. Offences like “allowing a disorderly patron to consume liquor” raises some subjective questions such as: what is disorderly? What if the person consumed liquor out of sight of staff? What if the person was briefly ‘disorderly’ and then settled down? In ambiguous cases like these it may well be worth challenging a massive fine or licence restriction.

A matter can be challenged in the Magistrates Court. Assuming a solicitor is engaged, this will then open the door to negotiations with the Office of Liquor and Gaming Regulation, with an aim of getting rid of the infringements entirely, or at least reducing the fines. Liquor licences are costly enough as it is (thousands of dollars) without business owners or employees being hit with hefty fines for possibly unintentional infractions.

If you find yourself in such a situation, Clarity Law can help. We are experienced in defending traffic, criminal and regulatory matters. We don’t take Legal Aid cases which means your case will get the attention it deserves.

So what happens to my firearms if a DVO is placed on me?

This is a common question, and one not often understood by people who are going through the process of a Domestic Violence Order.

Having a domestic violence order made against you can have a number of impacts on an individual, including consequences that you did not foresee. One such consequence is the effect on a person’s weapons licence or their ability to get a weapons licence.

What does the law say?

The Weapons Act provides that when a person is placed on a temporary protection order, Police Protection Notice or release conditions, their licence is suspended whilst that order, notice or conditions are in force.

The Weapons Act further provides that if a person is subject to a finalised Domestic Violence Order, then their licence is revoked.

When does the suspension/revocation take effect?

The suspension or revocation of your firearms licence takes place at the earlier of the following times:

1. If you are in court when the notice or order is made; or
2. Once you are served the notice or order.

Effectively, this means that if you attend court and have a Temporary Protection Order or finalised Domestic Violence Order made against you, the suspension or revocation is effective from that time.

If you do not attend court and/or an order is made in your absence, then the suspension/revocation will be effective once the notice or order has been served to you.

Example –

• John attends the Southport Magistrates Court when Joan has made an application for a Domestic Violence Protection Order against John. John attends court and a final order is made with John as the Respondent. John’s licence is now revoked from that time and John must arrange for the surrender of his licence and firearms.
• Ross has made an application for protection from his former partner Rachel, who has a weapons licence for sport shooting. Rachel does not attend court nor is legally represented at the court date. A Temporary Protection Order is made for Ross’ protection in Rachel’s absence. The Queensland Police Service call Rachel to attend the Hervey Bay Police Station. Rachel attends 4 days later and is served with a Temporary Protection Order. Rachel’s weapons licence is now suspended from the time she was served that order.

What do I do if my licence is suspended or revoked?

Once your licence has been suspended or revoked, you are required to surrender your firearm to an authorised firearms dealer or a police station within 1 day. The rules of transporting your firearm still remain in force.

What should I do if I have a weapons licence and proceedings are taken against me?

It is important to obtain legal advice from experienced criminal and domestic violence lawyers, like Clarity Law.

An experienced practitioner can review the application and give advice regarding prosects of successfully defending an application.

Conclusion

This article is by no means a comprehensive guide to the impact a Domestic Violence order can have on a person and their obligations with regards to firearms, but serves to give a base understand of the impact an order can have once the process has commenced.