Criminal Law Amendment Act 2017 (Qld)

Part 1    Preliminary

1   Short title

This Act may be cited as the Criminal Law Amendment Act 2017.

Part 2    Amendment of Bail Act 1980

2   Act amended

This part amends the Bail Act 1980.

3   Amendment of s 7 (Power of police officer to grant bail)

(1)Section 7(1)(a), after ‘charge of an offence,’—
insert—

or under a warrant issued under the Penalties and Sentences Act 1992, section 33AC.

(2)Section 7(1)(c)—
omit, insert—

(c)a prescribed police officer is satisfied it is not practicable to bring the person before a court promptly.

(3)Section 7(2)—
omit, insert—

(2)The prescribed police officer must investigate whether or not the person may be granted bail under this Act.

Notes—

1See section 13 for when only the Supreme Court or a judge of the Supreme Court may grant a person bail.

2See section 16 for when the prescribed police officer must refuse to grant a person bail.

(2A)If the prescribed police officer is satisfied the person may be granted bail under this Act, the officer must—

(a)grant bail to the person and release the person from custody; or

(b)issue and serve on the person a notice to appear and release the person from custody.

(4)Section 7(5), ‘subsection (4)’—
omit, insert—

subsection (5)

(5)Section 7(2A) to (9)—
renumber as section 7(3) to (10).

4   Amendment of s 14 (Release of persons apprehended on making deposit of money as security for appearance)

Section 14(5)—
insert—

Note—

If an order is made under this subsection, an order may also be made under the Justices Act 1886, section 150A to end the complaint in relation to the matter for which the person was granted bail.

5   Amendment of s 28A (Other warrants for apprehension of defendant)

(1)Section 28A(1)(c), ‘7(2)(b)’—
omit, insert—

7(3)(a)

(2)Section 28A(1)(d), ‘14 or’—
omit.

6   Amendment of s 34BA (Varying bail on registry committal)

Section 34BA(1)—
omit, insert—

(1)This section applies if—

(a)under a registry committal under the Justices Act 1886, the clerk of the court at a place orders a defendant charged with an indictable offence to be committed to be tried or sentenced for the offence; and

(b)immediately before the registry committal, the defendant is on bail.

Part 3    Amendment of Criminal Code

7   Code amended

This part amends the Criminal Code.

8   Amendment of s 89 (Public officers interested in contracts)

(1)Section 89(1), after ‘is employed’—
insert—

(the relevant department)

(2)Section 89—
insert—

(1A)However, the person does not commit an offence against subsection (1) if, before the person acquires or starts to hold the private interest—

(a)the person discloses the nature of the interest to the chief executive of the relevant department; and

(b)the chief executive of the relevant department authorises the person, in writing, to acquire or hold the interest.

(1B)In a proceeding against a person for an offence…