Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 (Qld)

Queensland Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Act No. 14 of 2013

Queensland Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Contents Part 1 1 Part 2 2 3 4 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of Commission for Children and Young Peopleand Child Guardian Act 2000 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Amendment of s 305 (Police commissioner may decide that information about a person is investigative information). . . . . . . . 10 Insertion of new ch 11, pt 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Part 16 Transitional provisions for Criminal Law (ChildExploitation and Dangerous Drugs)Amendment Act 2013 Division 1 Interpretation 510 Definitions for pt 16. . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 2 Eligibility applications and eligibility declarations 511 Existing eligibility application . . . . . . . . . . . . . . . . . . . 12 512 Current eligibility declaration for new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 513 Current eligibility declaration for person charged with new disqualifying offence or convicted of new serious offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 514 Other eligibility declarations . . . . . . . . . . . . . . . . . . . . 13 515 Existing application for reversal of decision refusing an eligibility declaration . . . . . . . . . . . . . . . . . . . . . . . 14 Division 3 Prescribed notice applications and prescribed notices 516 Existing prescribed notice application by new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 517 Existing prescribed notice application if person charged with new disqualifying offence or is new

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Contents Page 2 disqualified person but not new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 518 Other existing prescribed notice applications . . . . . . . 519 Current positive notice for new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 520 Current positive notice for new disqualified person other than new relevant disqualified person . . . . . . . . 521 Other current positive notices. . . . . . . . . . . . . . . . . . . Division 4 Exemption notice applications and exemption notices 522 Existing exemption notice application by new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . 523 Existing exemption notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 524 Other existing exemption notice applications . . . . . . . 525 Current positive exemption notice for new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . 526 Current positive exemption notice for person other than new relevant disqualified person . . . . . . . . . . . . Division 5 Existing applications for cancellation or ending suspension of prescribed notices and exemption notices 527 Existing application to cancel negative notice . . . . . . 528 Existing application to cancel negative exemption notice ................................. 529 Existing application to end suspension of positive notice for person other than new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 530 Existing application to end suspension of positive exemption notice for person other than new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6 Reviews and appeals 531 Undecided reviews and appeals by new disqualified persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 532 Review of chapter 8 reviewable decision about new disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . 533 Appeal by new disqualified person against decision of QCAT on review of chapter 8 reviewable decision . 534 Existing appeal by commissioner against decision of QCAT on review of chapter 8 reviewable decision . 15 17 17 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Contents 5 6 7 8 9 10 11 Part 2A 11A 11B Part 3 12 13 14 15 16 17 18 19 535 Appeal by commissioner against decision of QCAT on review of chapter 8 reviewable decision . . . . . . . . 536 Existing reviews and appeals against chapter 8 reviewable decisions by persons other than new disqualified persons . . . . . . . . . . . . . . . . . . . . . . . . . . 537 Review of chapter 8 reviewable decision about person other than new disqualified person. . . . . . . . . Division 7 Miscellaneous 538 Commissioner acting on own initiative . . . . . . . . . . . . 539 Disqualification orders for acts done or omissions made before commencement. . . . . . . . . . . . . . . . . . . 540 Effect of conviction or charge for new disqualifying offence or new serious offence. . . . . . . . . . . . . . . . . . Amendment of sch 2 (Current serious offences) . . . . . . . . . . . . . Amendment of sch 3 (Repealed or expired serious offences) . . . Amendment of sch 4 (Current disqualifying offences) . . . . . . . . . Amendment of sch 5 (Repealed or expired disqualifying offences) Amendment of sch 6 (Offences that may form basis of investigative information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new sch 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 6A Repealed or expired offences that may form basis of investigative information Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Crime and Misconduct Act 2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 346A (Protection of particular documents) . . . . Amendment of Criminal Code Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 207A (Definitions for this chapter) . . . . . . . . . . . Amendment of s 208 (Unlawful sodomy) . . . . . . . . . . . . . . . . . . . Amendment of s 210 (Indecent treatment of children under 16) . Amendment of s 215 (Carnal knowledge with or of children under 16) ...................................... Amendment of s 216 (Abuse of persons with an impairment of the mind) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 218A (Using internet etc. to procure children under 16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 218B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218B Grooming children under 16. . . . . . . . . . . . . . . . . . . . 26 26 27 28 28 28 29 34 35 40 41 43 44 45 45 46 46 46 46 47 47 48 49 49 2013 Act No. 14 Page 3

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Contents 20 21 22 23 24 25 26 27 Part 4 28 29 30 31 Page 4 Amendment of s 222 (Incest) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 228A (Involving child in making child exploitation material) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 228B (Making child exploitation material) . . . . . Amendment of s 228C (Distributing child exploitation material) . . Amendment of s 228D (Possessing child exploitation material). . Amendment of s 228G (Forfeiture of child exploitation material etc.) ........................................... Amendment of s 568 (Cases in which several charges may be joined) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 91 Transitional provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 730 Indictments for offences . . . . . . . . . . . . . . . . . . . . . . . Amendment of Disability Services Act 2006 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 109 (Police commissioner may decide that information about a person is investigative information). . . . . . . . Amendment of s 266 (Police commissioner’s decision that information is investigative information) . . . . . . . . . . . . . . . . . . . . Insertion of new pt 16, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 8 Transitional provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Subdivision 1 Interpretation 295 Definitions for div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Prescribed notice applications and prescribed notices 296 Existing prescribed notice application by new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 298 Other existing prescribed notice applications . . . . . . . 299 Current positive notice for new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300 Current positive notice for new disqualified person other than new relevant disqualified person . . . . . . . . 301 Other current positive notices. . . . . . . . . . . . . . . . . . . 50 51 51 51 51 51 52 52 53 53 53 54 54 54 55 56 57 58 58 59 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Contents Subdivision 3 Exemption notice applications and exemption notices 302 Existing exemption notice application by new relevant disqualified person or person charged with a new disqualifying offence . . . . . . . . . . . . . . . . . . . . . . . . . . 303 Existing exemption notice application if person is new disqualified person but not new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304 Other existing exemption notice applications . . . . . . . 305 Current positive exemption notice for person whose CCYPCG positive notice is cancelled. . . . . . . . . . . . . 306 Other positive exemption notices . . . . . . . . . . . . . . . . Subdivision 4 Existing applications for cancellation or ending suspension of prescribed notices and exemption notices 307 Existing applications to cancel negative notice or negative exemption notice . . . . . . . . . . . . . . . . . . . . . 308 Existing application to end suspension of positive notice for person other than new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 Existing application to end suspension of positive exemption notice for person other than new relevant disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 5 Eligibility applications and eligibility declarations 310 Existing eligibility application . . . . . . . . . . . . . . . . . . . 311 Current eligibility declaration for new relevant disqualified person or person charged with new disqualifying offence . . . . . . . . . . . . . . . . . . . . . . . . . . 312 Current eligibility declaration for person convicted of new serious offence . . . . . . . . . . . . . . . . . . . . . . . . . . 313 Other eligibility declarations . . . . . . . . . . . . . . . . . . . . 314 Existing application for reversal of decision refusing an eligibility declaration . . . . . . . . . . . . . . . . . . . . . . . Subdivision 6 Reviews and appeals 315 Undecided reviews and appeals by new disqualified persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 316 Review of part 10 reviewable decision about new disqualified person . . . . . . . . . . . . . . . . . . . . . . . . . . . 317 Appeal by new disqualified person against decision of tribunal on review of part 10 reviewable decision . . 318 Existing appeal by chief executive against decision of tribunal on review of part 10 reviewable decision . . 60 60 61 61 62 63 63 64 64 65 65 66 66 67 67 68 68 2013 Act No. 14 Page 5

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Contents 32 33 34 35 36 37 38 Part 5 39 40 40A 41 42 43 44 45 46 47 48 319 Appeal by chief executive against decision of tribunal on review of part 10 reviewable decision . . . . . . . . . . 320 Existing reviews and appeals against part 10 reviewable decisions by persons other than new disqualified persons . . . . . . . . . . . . . . . . . . . . . . . . . . 321 Review of part 10 reviewable decision about person other than new disqualified person. . . . . . . . . . . . . . . Subdivision 7 Miscellaneous 322 Chief executive acting on own initiative . . . . . . . . . . . 323 Disqualification orders for acts done or omissions made before commencement. . . . . . . . . . . . . . . . . . . 324 Effect of conviction or charge for new disqualifying offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Current serious offences) . . . . . . . . . . . . . Amendment of sch 4 (Repealed or expired serious offences) . . . Amendment of sch 5 (Current disqualifying offences) . . . . . . . . . Amendment of sch 6 (Repealed or expired disqualifying offences) Amendment of sch 6A (Offences that may form basis of investigative information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new sch 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 6B Repealed or expired offences that may form basis of investigative information Amendment of sch 7 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Drugs Misuse Act 1986 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 4BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4BA Provision about s 4, definition dangerous drug, paragraph (c)(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 9A (Possessing relevant substances or things). Insertion of new s 9D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9D Trafficking in relevant substances or things . . . . . . . . Amendment of s 10 (Possessing things) . . . . . . . . . . . . . . . . . . . Amendment of s 30 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 43U (Confidentiality of information) . . . . . . . . . . Amendment of s 46 (Definitions for pt 5B) . . . . . . . . . . . . . . . . . . Replacement of pt 7, hdg (Transitional provisions). . . . . . . . . . . . Insertion of new pt 7, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 69 70 70 71 71 72 77 78 82 84 85 86 87 88 88 89 89 89 89 89 90 90 90 90 91 Page 6 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Contents Part 6 49 50 51 Part 7 52 53 Part 8 54 Schedule Division 8 Provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 143 Validation of orders for forfeiture or restraint made by District Court before commencement. . . . . . . . . . . . . 144 Amendment of regulation by Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 does not affect powers of Governor in Council . Amendment of Drugs Misuse Regulation 1987 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 8A (Gross weight of relevant substances for ss 9A, 9B and 9C of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 8B (Things specified for ss 9A, 9B and 9C, and prescribed for s 134, of Act) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Evidence Act 1977 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 54 (Proof of identity of a person convicted). . . . Minor and consequential amendments Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other minor and consequential amendments . . . . . . . . . . . . Child Protection (Offender Reporting) Act 2004. . . . . . . . . . . . . . Commission for Children and Young People and Child GuardianAct 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Corrective Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Criminal Organisation Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . Private Employment Agents Act 2005 . . . . . . . . . . . . . . . . . . . . . Prostitution Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 91 91 92 92 92 93 93 96 97 97 97 98 98 98 99 99 100 100 2013 Act No. 14 Page 7

Queensland Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Act No. 14 of 2013 An Act to amend the Commission for Children and Young People and ChildGuardian Act 2000, the Crime and Misconduct Act 2001, the Criminal Code, the Disability Services Act 2006, the Drugs Misuse Act 1986, the DrugsMisuse Regulation 1987 and the Evidence Act 1977, and to make minor and consequential amendments of other Acts as stated in the schedule, for particular purposes [Assented to 29 April 2013]

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 . Part 2 Amendment of Commission for Children and Young People and Child Guardian Act 2000 2 Act amended This part amends the CommissionforChildrenandYoungPeople and Child Guardian Act 2000. Note — See also the amendments in the schedule. 3 Amendment of s 305 (Police commissioner may decide that information about a person is investigative information) (1) Section 305(1)(a), (3)(a) and (4), after ‘schedule 6’— insert — ‘or 6A’. (2) Section 305(3), ‘ schedule 6 offence ’— omit, insert — ‘ schedule 6 or 6A offence ’. Page 10 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] (3) Section 305(3), note, ‘schedule 6’— omit, insert — ‘schedules 6 and 6A’. 4 Insertion of new ch 11, pt 16 Chapter 11— insert — ‘Part 16 Transitional provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 ‘Division 1 Interpretation ‘510 Definitions for pt 16 ‘In this part— amended Act means this Act as amended by the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 . commencement means the commencement of this section. new disqualified person means a person who is a disqualified person only because the person has been convicted or is convicted of a new disqualifying offence. new disqualifying offence means an offence that is a disqualifying offence under this Act but was not a disqualifying offence under this Act immediately before the commencement. new relevant disqualified person means a person who is a relevant disqualified person only because the person has been convicted or is convicted of a new disqualifying offence for which an imprisonment order has been or is imposed. 2013 Act No. 14 Page 11

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] new serious offence means an offence that is a serious offence under this Act but was not a serious offence under this Act immediately before the commencement. ‘Division 2 Eligibility applications and eligibility declarations ‘511 Existing eligibility application ‘(1) This section applies if— (a) before the commencement a person had made an eligibility application to the commissioner under section 178; and (b) immediately before the commencement the person’s eligibility application had not been decided or withdrawn. ‘(2) At the commencement the commissioner must decide the application under the amended Act. Note — The commissioner may issue an eligibility declaration to a person if the person has been convicted of a disqualifying offence and is not a relevant disqualified person. See section 180(1). ‘512 Current eligibility declaration for new relevant disqualified person ‘(1) This section applies to a person if— (a) before the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and (b) immediately before the commencement the person’s eligibility declaration had not expired; and (c) at the commencement the person is a new relevant disqualified person. Page 12 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] ‘(2) At the commencement the person’s eligibility declaration is taken to have expired. Note — If the person also holds a positive notice, see section 519. ‘513 Current eligibility declaration for person charged with new disqualifying offence or convicted of new serious offence ‘(1) This section applies to a person if— (a) before the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and (b) immediately before the commencement the person’s eligibility declaration had not expired; and (c) the person— (i) was convicted of a new serious offence before the commencement; or (ii) is charged with a new disqualifying offence at the commencement. ‘(2) At the commencement— (a) the amended Act applies to the person’s eligibility declaration; and (b) the person’s eligibility declaration is taken to have been issued on the commencement. ‘(3) If, after the commencement the commissioner is to make a decision under chapter 8, part 4, division 9 about the person, and it is the first time the commissioner is to make a decision under that division after the commencement, section 223(1)(b) does not apply to the commissioner making the decision. ‘514 Other eligibility declarations ‘(1) This section applies to a person if— 2013 Act No. 14 Page 13

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] (a) before the commencement the commissioner had issued, or was taken to have issued, the person an eligibility declaration; and (b) immediately before the commencement the person’s eligibility declaration had not expired; and (c) at the commencement section 512 or 513 does not apply. ‘(2) At the commencement the amended Act applies to the person’s eligibility declaration. ‘515 Existing application for reversal of decision refusing an eligibility declaration ‘(1) This section applies if— (a) before the commencement a person had made an application under section 186(2) to the commissioner; and (b) immediately before the commencement the application had not been decided. ‘(2) At the commencement the amended Act applies and the commissioner may decide the application under the amended Act. ‘Division 3 Prescribed notice applications and prescribed notices ‘516 Existing prescribed notice application by new relevant disqualified person ‘(1) This section applies if— (a) before the commencement a prescribed notice application had been made about a person; and (b) immediately before the commencement the application had not been decided or withdrawn; and Page 14 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] (c) at the commencement the person is a new relevant disqualified person. ‘(2) The person’s application is taken to be withdrawn. ‘(3) The commissioner must give written notice about the withdrawal of the application to— (a) the person; and (b) each notifiable person for the person; and (c) if the person is the director of a school’s governing board—the accreditation board. ‘517 Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person ‘(1) This section applies if— (a) before the commencement a prescribed notice application had been made about a person; and (b) immediately before the commencement the application had not been decided or withdrawn; and (c) at the commencement the person— (i) is charged with a new disqualifying offence; or (ii) is a new disqualified person but not a new relevant disqualified person. Note — If a person holds a positive notice, see also sections 520 and 521. ‘(2) Subsection (3) applies if— (a) at the commencement the person is charged with a new disqualifying offence; or (b) at the commencement the person is a new disqualified person but not a new relevant disqualified person and, at the time of making the application— 2013 Act No. 14 Page 15

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] (i) was not issued, or not taken to have been issued, an eligibility declaration; and (ii) did not hold a positive notice. ‘(3) At the commencement— (a) the application is taken to be withdrawn; and (b) the commissioner must give written notice about the withdrawal of the application to— (i) the person; and (ii) each notifiable person for the person; and (iii) if the person is the director of a school’s governing board—the accreditation board. Note — If a person charged with a new disqualifying offence also holds a positive notice, see also sections 521 and 240. ‘(4) Subsection (5) applies if the person is a new disqualified person but not a new relevant disqualified person and at the time of making the application the person— (a) was not issued, or not taken to have been issued, an eligibility declaration; and (b) held a positive notice that was not suspended. ‘(5) At the commencement— (a) the person is taken to have been issued an eligibility declaration other than for section 223(1)(b); and (b) the commissioner must decide the application under the amended Act. ‘(6) If the person is a new disqualified person but not a new relevant disqualified person and, at the time of the application the person was issued an eligibility declaration, at the commencement the commissioner must decide the application under the amended Act but section 223(1)(b) does not apply to the commissioner making the decision. Page 16 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] ‘(7) For subsections (3) and (6), if before the commencement the commissioner had under section 236 cancelled a negative notice issued to the person, on the commencement section 223(1)(a) does not apply to the commissioner making the decision. ‘518 Other existing prescribed notice applications ‘(1) This section applies if— (a) before the commencement a prescribed notice application had been made about a person; and (b) immediately before the commencement the application had not been decided or withdrawn; and (c) section 516 or 517 does not apply. ‘(2) At the commencement the commissioner must decide the application under the amended Act. ‘519 Current positive notice for new relevant disqualified person ‘(1) This section applies if— (a) before the commencement a person held a positive notice; and (b) immediately before the commencement the notice was current; and (c) at the commencement the person is a new relevant disqualified person. ‘(2) At the commencement the amended Act applies and the commissioner must cancel the person’s positive notice and substitute a negative notice under section 239. Note — Under section 246, a person must return their cancelled positive notice and any positive notice blue card relating to the positive notice to the commissioner. 2013 Act No. 14 Page 17

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] ‘(3) Also, if the positive notice is suspended under section 240 or 242 at the commencement, any application for the cancellation of the suspension under section 241 or 243 that has not been decided or withdrawn at the commencement is taken to have been withdrawn. ‘520 Current positive notice for new disqualified person other than new relevant disqualified person ‘(1) This section applies if— (a) before the commencement a person held a positive notice; and (b) immediately before the commencement the notice was current; and (c) at the commencement the person is a new disqualified person but not a new relevant disqualified person. ‘(2) If, at the commencement, the person’s positive notice is suspended under section 240 or 242, the amended Act applies in relation to the positive notice. ‘(3) If, at the commencement, the person is not issued, or not taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 240 or 242— (a) the person is taken to have been issued an eligibility declaration under section 180; and (b) the amended Act applies in relation to the positive notice. ‘(4) If, at the commencement, the person is issued, or taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 240 or 242, the amended Act applies in relation to the person’s positive notice. ‘(5) If, after the commencement the commissioner is to make a decision under chapter 8, part 4, division 9 about a person to whom this section applies, and it is the first time the commissioner is to make a decision under that division after Page 18 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] the commencement, section 223(1)(b) does not apply to the commissioner making the decision. ‘521 Other current positive notices ‘(1) This section applies if— (a) before the commencement a person held a positive notice; and (b) immediately before the commencement the positive notice was current; and (c) section 519 or 520 does not apply. ‘(2) The amended Act applies to the person’s positive notice. ‘Division 4 Exemption notice applications and exemption notices ‘522 Existing exemption notice application by new relevant disqualified person ‘(1) This section applies if— (a) before the commencement an exemption notice application was made about a person; and (b) immediately before the commencement the application had not been decided or withdrawn; and (c) at the commencement the person is a new relevant disqualified person. ‘(2) The commissioner must decide the application under the amended Act. Note — See sections 285 and 224. 2013 Act No. 14 Page 19

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] ‘523 Existing exemption notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person ‘(1) This section applies if— (a) before the commencement an exemption notice application was made about a person; and (b) immediately before the commencement the application had not been decided or withdrawn; and (c) at the commencement the person— (i) is charged with a new disqualifying offence; or (ii) is a new disqualified person but not a new relevant disqualified person. ‘(2) At the commencement the commissioner must decide the application under the amended Act. ‘(3) However, if before the commencement the commissioner had under section 294 cancelled a negative exemption notice issued to the person, on the commencement section 223(1)(a) does not apply to the commissioner making the decision. ‘(4) Also, the commissioner may only act under section 283 or 284 if the commissioner has acted under section 286 or 287 after the commencement. ‘524 Other existing exemption notice applications ‘(1) This section applies if— (a) before the commencement an exemption notice application was made about a person; and (b) immediately before the commencement the application had not been decided or withdrawn; and (c) section 522 or 523 does not apply. ‘(2) At the commencement the commissioner must decide the application under the amended Act. Page 20 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] ‘(3) Also, the commissioner may only act under section 283 or 284 if the commissioner has acted under section 286 or 287 after the commencement. ‘525 Current positive exemption notice for new relevant disqualified person ‘(1) This section applies if— (a) before the commencement a person held a positive exemption notice; and (b) immediately before the commencement the notice was current; and (c) at the commencement the person is a new relevant disqualified person. ‘(2) At the commencement the amended Act applies and the commissioner must cancel the person’s positive exemption notice and substitute a negative exemption notice under section 297. Note — Under section 304, a person must return their cancelled positive exemption notice to the commissioner. ‘(3) Also, if the positive exemption notice is suspended under section 298 at the commencement, any application for the cancellation of the suspension under section 299 that has not been decided or withdrawn at the commencement is taken to have been withdrawn. ‘526 Current positive exemption notice for person other than new relevant disqualified person ‘(1) This section applies if— (a) before the commencement a person held a positive exemption notice; and (b) immediately before the commencement the notice was current; and 2013 Act No. 14 Page 21

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] (c) at the commencement the person is not a new relevant disqualified person. ‘(2) At the commencement the amended Act applies to the positive exemption notice. ‘Division 5 Existing applications for cancellation or ending suspension of prescribed notices and exemption notices ‘527 Existing application to cancel negative notice ‘(1) This section applies if— (a) before the commencement a person had applied to the commissioner to cancel the person’s negative notice under section 236; and (b) immediately before the commencement, the application had not been decided. ‘(2) At the commencement— (a) if the person is a new relevant disqualified person— (i) the application is taken to be withdrawn; and (ii) the commissioner must give written notice about the withdrawal of the application to the person; or (b) if the person is not a new relevant disqualified person—the commissioner must decide the application under the amended Act. ‘528 Existing application to cancel negative exemption notice ‘(1) This section applies if— (a) before the commencement a person had applied to the commissioner to cancel the person’s negative exemption notice under section 294; and Page 22 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] (b) immediately before the commencement, the application had not been decided. ‘(2) At the commencement— (a) if the person is a new relevant disqualified person— (i) the application is taken to be withdrawn; and (ii) the commissioner must give written notice about the withdrawal of the application to the person; or (b) if the person is not a new relevant disqualified person—the commissioner must decide the application under the amended Act. ‘529 Existing application to end suspension of positive notice for person other than new relevant disqualified person ‘(1) This section applies if— (a) before the commencement a person had applied to the commissioner to cancel the person’s suspended positive notice under section 241 or 243; and (b) immediately before the commencement the application had not been decided; and (c) at the commencement the person is not a new relevant disqualified person. ‘(2) At the commencement the commissioner must decide the application under the amended Act. ‘530 Existing application to end suspension of positive exemption notice for person other than new relevant disqualified person ‘(1) This section applies if— (a) before the commencement a person had applied to the commissioner to cancel the person’s suspended positive exemption notice under section 299; and 2013 Act No. 14 Page 23

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] (b) immediately before the commencement the application had not been decided; and (c) at the commencement the person is not a new relevant disqualified person. ‘(2) At the commencement the commissioner must decide the application under the amended Act. ‘Division 6 Reviews and appeals ‘531 Undecided reviews and appeals by new disqualified persons ‘(1) This section applies if— (a) before the commencement, a person— (i) applied, under section 354, for a review of a chapter 8 reviewable decision; or (ii) appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and (b) at the commencement— (i) the application or appeal has not been decided; and (ii) the person is a new disqualified person. ‘(2) The application or appeal, and any proceeding in relation to the application or appeal, must be dismissed— (a) if a proceeding in relation to the application or appeal is before a court—by the court; or (b) otherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal. ‘532 Review of chapter 8 reviewable decision about new disqualified person ‘(1) This section applies if— Page 24 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] (a) before the commencement— (i) the commissioner makes a chapter 8 reviewable decision about a person; and (ii) the person has not applied for a review of the decision under section 354; and (b) the person is a new disqualified person at the commencement. ‘(2) At the commencement, the amended Act applies. Note — Under section 354, only a person who is not a disqualified person may apply for a review of a chapter 8 reviewable decision. ‘533 Appeal by new disqualified person against decision of QCAT on review of chapter 8 reviewable decision ‘(1) This section applies if— (a) before the commencement, a person may appeal under the QCAT Act against a decision of QCAT relating to a chapter 8 reviewable decision; and (b) at the commencement— (i) the time within which the person may appeal under the QCAT Act has not passed; and (ii) the person is a new disqualified person. ‘(2) Any appeal by the person against the decision must be dismissed— (a) if a proceeding in relation to the appeal is before a court—by the court; or (b) otherwise—by QCAT, even if the dismissal would be contrary to a direction of the Court of Appeal. ‘534 Existing appeal by commissioner against decision of QCAT on review of chapter 8 reviewable decision ‘(1) This section applies if— 2013 Act No. 14 Page 25

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] (a) before the commencement, the commissioner appealed, under the QCATAct, against a decision of QCAT relating to a chapter 8 reviewable decision about a person; and (b) at the commencement— (i) the appeal has not been decided; and (ii) the person is a new disqualified person. ‘(2) The entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal. ‘535 Appeal by commissioner against decision of QCAT on review of chapter 8 reviewable decision ‘(1) This section applies if— (a) before the commencement, the commissioner may appeal under the QCAT Act against a decision of QCAT relating to a chapter 8 reviewable decision about a person; and (b) at the commencement— (i) the time within which the commissioner may appeal under the QCATAct (the appeal period ) has not passed; and (ii) the person is a new disqualified person. ‘(2) The commissioner may appeal against the decision within the appeal period and the entity hearing the appeal must apply the amended Act in relation to the matter the subject of the appeal. ‘536 Existing reviews and appeals against chapter 8 reviewable decisions by persons other than new disqualified persons ‘(1) This section applies if— (a) before the commencement— Page 26 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] (i) a person applied, under section 354, for a review of a chapter 8 reviewable decision; or (ii) the commissioner or another person appealed, under the QCAT Act, against a decision of QCAT relating to a chapter 8 reviewable decision; and (b) at the commencement— (i) the review or appeal has not been decided; and (ii) the person about whom the chapter 8 reviewable decision was made is not a new disqualified person. ‘(2) The entity hearing the review or appeal must apply the amended Act in relation to the matter the subject of the review or appeal. ‘(3) To remove any doubt, it is declared that section 355 applies in relation to the application for the review. ‘537 Review of chapter 8 reviewable decision about person other than new disqualified person ‘(1) This section applies if— (a) before the commencement— (i) the commissioner makes a chapter 8 reviewable decision about a person; and (ii) the person has not applied for a review of the decision under section 354; and (b) at the commencement— (i) the period within which the person could have applied for a review of the decision under section 354 (the review period ) has not passed; and (ii) the person is not a new disqualified person. ‘(2) The person may apply for a review of the decision under section 354 within the review period. 2013 Act No. 14 Page 27

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 4] ‘Division 7 Miscellaneous ‘538 Commissioner acting on own initiative ‘(1) This section applies if— (a) before the commencement the commissioner had started, on the commissioner’s own initiative, to exercise a power in relation to the following— (i) a person; (ii) an eligibility application; (iii) a prescribed notice; (iv) an exemption notice; and (b) on the commencement the commissioner may exercise the power under the amended Act in relation to the person, application or notice. ‘(2) The commissioner may exercise the power under the amended Act in relation to the person, application or notice. ‘539 Disqualification orders for acts done or omissions made before commencement ‘A court may make a disqualification order under section 357 in relation to a person convicted of an offence after the commencement arising out of an act done or omission made before the commencement. ‘540 Effect of conviction or charge for new disqualifying offence or new serious offence ‘(1) For applying section 169(1)(a) or 170(a) in relation to a person convicted of a new disqualifying offence, it is immaterial when the offence was committed or when the person was convicted of the offence. ‘(2) Section 240 applies in relation to a person holding a current positive notice who is charged with a new disqualifying Page 28 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 5] offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement. ‘(3) Section 298 applies in relation to a person holding a current positive exemption notice who is charged with a new disqualifying offence even if the charge, or the acts or omissions constituting the alleged offence, happened before the commencement. ‘(4) Without limiting this division, in applying the amended Act on and from the commencement, it is immaterial— (a) when a new disqualifying offence or new serious offence was committed; or (b) when a person was convicted of a new disqualifying offence or new serious offence; or (c) when a charge for a new disqualifying offence, or the acts or omissions constituting the alleged offence, happened. Example — An offence may have been committed, and the person convicted of the offence, before the commencement.’. 5 Amendment of sch 2 (Current serious offences) (1) Schedule 2, item 4, entry for Criminal Code— insert— ‘218B Grooming children under 16’. (2) Schedule 2, item 4, entry for Criminal Code, entry for section 229G, after ‘Procuring’— insert — ‘engagement in’. (3) Schedule 2, item 5, entry for Drugs Misuse Act 1986 — 2013 Act No. 14 Page 29

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 5] insert— ‘9D Trafficking in relevant substances or things’. (4) Schedule 2, item 6, entry for Crimes Act 1914 (Cwlth)— omit . (5) Schedule 2, item 7, entry for Criminal Code (Cwlth)— insert— ‘272.8 272.9 272.10 272.11 272.12 Sexual intercourse with child outside Australia Sexual activity (other than sexual intercourse) with child outside Australia Aggravated offence—child with mental impairment or under care, supervision or authority of defendant Persistent sexual abuse of child outside Australia Sexual intercourse with young person outside Australia— defendant in position of trust or authority Page 30 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 5] 272.13 272.14 272.15 272.18 272.19 272.20 273.5 Sexual activity (other than sexual intercourse) with young person outside Australia— defendant in position of trust or authority Procuring child to engage in sexual activity outside Australia “Grooming” child to engage in sexual activity outside Australia Benefiting from offence against this Division Encouraging offence against this Division Preparing for or planning offence against this Division Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia 2013 Act No. 14 Page 31

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 5] 273.6 273.7 471.16 471.17 471.19 471.20 Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people Using a postal or similar service for child pornography material Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service Using a postal or similar service for child abuse material Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service Page 32 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 5] 471.22 471.24 471.25 471.26 474.24A 474.25A Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people Using a postal or similar service to procure persons under 16 Using a postal or similar service to “groom” persons under 16 Using a postal or similar service to send indecent material to person under 16 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people Using a carriage service for sexual activity with person under 16 years of age 2013 Act No. 14 Page 33

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 6] 474.25B 474.27A Aggravated offence—child with mental impairment or under care, supervision or authority of defendant Using a carriage service to transmit indecent communication to person under 16 years of age’. (6) Schedule 2, items 7, as amended, and 8— renumber as schedule 2, items 6 and 7. 6 Amendment of sch 3 (Repealed or expired serious offences) (1) Schedule 3, entry for Criminal Code— insert— ‘218A Using internet etc. to procure children under 16 as the provision was in force from time to time before its repeal by the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 ’. (2) Schedule 3— insert — ‘2 Crimes Act 1914 (Cwlth) Provision Relevant of Act heading Qualification relating to the provision of the Act Page 34 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 7] 50BA 50BB 50BC 50BD 50DA 50DB Sexual intercourse with child under 16 Inducing child under 16 to engage in sexual intercourse Sexual conduct involving child under 16 Inducing child under 16 to be involved in sexual conduct Benefiting from offence against this Part Encouraging offence against this Part as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth)’. 7 Amendment of sch 4 (Current disqualifying offences) (1) Schedule 4, item 4, entry for Criminal Code— insert— ‘218B Grooming children under 16’. (2) Schedule 4, item 4, entry for Criminal Code, entry for section 229G, after ‘Procuring’— insert — ‘engagement in’. 2013 Act No. 14 Page 35

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 7] (3) Schedule 4, item 5, entry for Crimes Act 1914 (Cwlth)— omit . (4) Schedule 4, item 6, entry for Criminal Code (Cwlth)— insert— ‘272.8 Sexual intercourse with child outside Australia 272.9 Sexual activity (other than sexual intercourse) with child outside Australia 272.10 Aggravated offence—child with mental impairment or under care, supervision or authority of defendant 272.11 Persistent sexual abuse of child outside Australia 272.12 Sexual intercourse with young person outside Australia— defendant in position of trust or authority Page 36 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 7] 272.13 272.14 272.15 272.18 272.19 272.20 273.5 Sexual activity (other than sexual intercourse) with young person outside Australia— defendant in position of trust or authority Procuring child to engage in sexual activity outside Australia “Grooming” child to engage in sexual activity outside Australia Benefiting from offence against this Division Encouraging offence against this Division Preparing for or planning offence against this Division Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia 2013 Act No. 14 Page 37

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 7] 273.6 273.7 471.16 471.17 471.19 471.20 Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people Using a postal or similar service for child pornography material Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service Using a postal or similar service for child abuse material Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service Page 38 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 7] 471.22 471.24 471.25 471.26 474.24A 474.25A Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people Using a postal or similar service to procure persons under 16 Using a postal or similar service to “groom” persons under 16 Using a postal or similar service to send indecent material to person under 16 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people Using a carriage service for sexual activity with person under 16 years of age 2013 Act No. 14 Page 39

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 8] 474.25B 474.27A Aggravated offence—child with mental impairment or under care, supervision or authority of defendant Using a carriage service to transmit indecent communication to person under 16 years of age’. (5) Schedule 4, items 6, as amended, and 7— renumber as schedule 4, items 5 and 6. 8 Amendment of sch 5 (Repealed or expired disqualifying offences) (1) Schedule 5, entry for Criminal Code— insert— ‘218A Using internet etc. to procure children under 16 as the provision was in force from time to time before its repeal by the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 ’. (2) Schedule 5— insert — ‘2 Crimes Act 1914 (Cwlth) Provision Relevant of Act heading Qualification relating to the provision of the Act Page 40 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 9] 50BA 50BB 50BC 50BD 50DA 50DB Sexual intercourse with child under 16 Inducing child under 16 to engage in sexual intercourse Sexual conduct involving child under 16 Inducing child under 16 to be involved in sexual conduct Benefiting from offence against this Part Encouraging offence against this Part as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth)’. 9 Amendment of sch 6 (Offences that may form basis of investigative information) (1) Schedule 6, item 4, entry for Criminal Code— insert— ‘218B Grooming children under 16’. (2) Schedule 6, item 4, entry for Criminal Code, entry for section 229G, after ‘Procuring’— insert — 2013 Act No. 14 Page 41

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 9] ‘engagement in’. (3) Schedule 6, item 5, entry for Crimes Act 1914 (Cwlth)— omit . (4) Schedule 6, item 6, entry for Criminal Code (Cwlth)— insert— ‘272.8 Sexual intercourse with child outside Australia 272.9 Sexual activity (other than sexual intercourse) with child outside Australia 272.10 Aggravated offence—child with mental impairment or under care, supervision or authority of defendant 272.11 Persistent sexual abuse of child outside Australia 272.12 Sexual intercourse with young person outside Australia— defendant in position of trust or authority Page 42 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 10] 272.13 272.14 272.15 Sexual activity (other than sexual intercourse) with young person outside Australia— defendant in position of trust or authority Procuring child to engage in sexual activity outside Australia “Grooming” child to engage in sexual activity outside Australia’. (5) Schedule 6, item 6, as amended— renumber as schedule 6, item 5. 10 Insertion of new sch 6A After schedule 6— insert — ‘Schedule 6A Repealed or expired offences that may form basis of investigative information section 305(3) and (4) ‘ Crimes Act 1914 (Cwlth) Provision Relevant of Act heading 2013 Act No. 14 Qualification relating to the provision of the Act Page 43

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2 Amendment of Commission for Children and Young People and Child Guardian Act2000 [s 11] 50BA 50BB 50BC 50BD Sexual intercourse with child under 16 Inducing child under 16 to engage in sexual intercourse Sexual conduct involving child under 16 Inducing child under 16 to be involved in sexual conduct as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth)’. 11 Amendment of sch 7 (Dictionary) (1) Schedule 7, definitions new disqualified person , new disqualifying offence and new relevant disqualified person— omit . (2) Schedule 7— insert— ‘ amended Act , for chapter 11, part 16, see section 510. new disqualified person — (a) for chapter 11, part 13—see section 465; or (b) for chapter 11, part 16—see section 510. new disqualifying offence — (a) for chapter 11, part 13—see section 465; or (b) for chapter 11, part 16—see section 510. new relevant disqualified person — (a) for chapter 11, part 13—see section 465; or Page 44 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 2A Amendment of Crime and Misconduct Act 2001 [s 11A] (b) for chapter 11, part 16—see section 510. new serious offence , for chapter 11, part 16, see section 510.’. (3) Schedule 7, definition commencement , paragraphs (b) to (d)— renumber as paragraphs (c) to (e). (4) Schedule 7, definition commencement — insert — ‘(b) for chapter 11, part 8—see section 430; or’. (5) Schedule 7, definition commencement — insert — ‘(f) for chapter 11, part 16—see section 510.’. Part 2A Amendment of Crime and Misconduct Act 2001 11A Act amended This part amends the Crime and Misconduct Act 2001 . 11B Amendment of s 346A (Protection of particular documents) Section 346A(2), ‘8 May’— omit, insert— ‘8 November’. 2013 Act No. 14 Page 45

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 3 Amendment of Criminal Code [s 12] Part 3 Amendment of Criminal Code 12 Code amended This part amends the Criminal Code . 13 Amendment of s 207A (Definitions for this chapter) Section 207A, definition child exploitation material , ‘someone’— omit, insert— ‘a person, or a representation of a person,’. 14 Amendment of s 208 (Unlawful sodomy) (1) Section 208— insert— ‘(2A) For an offence defined in subsection (1)(a) or (b) other than an attempt, the offender is liable to imprisonment for life if the offence is committed in respect of a child who is a person with an impairment of the mind.’. (2) Section 208— insert— ‘(5) For an offence defined in subsection (1)(a) or (b) alleged to have been committed with the circumstance of aggravation mentioned in subsection (2A), it is a defence to the circumstance of aggravation to prove that the accused person believed on reasonable grounds that the child was not a person with an impairment of the mind.’. 15 Amendment of s 210 (Indecent treatment of children under 16) (1) Section 210— insert— Page 46 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 3 Amendment of Criminal Code [s 16] ‘(4A) If the child is a person with an impairment of the mind, the offender is guilty of a crime, and is liable to imprisonment for 20 years.’. (2) Section 210— insert— ‘(5A) If the offence is alleged to have been committed with the circumstance of aggravation mentioned in subsection (4A), it is a defence to the circumstance of aggravation to prove that the accused person believed on reasonable grounds that the child was not a person with an impairment of the mind.’. 16 Amendment of s 215 (Carnal knowledge with or of children under 16) (1) Section 215— insert— ‘(4A) If the child is a person with an impairment of the mind, the offender is guilty of a crime, and is liable to imprisonment for life.’. (2) Section 215— insert— ‘(5A) If the offence is alleged to have been committed with the circumstance of aggravation mentioned in subsection (4A), it is a defence to the circumstance of aggravation to prove that the accused person believed on reasonable grounds that the child was not a person with an impairment of the mind.’. 17 Amendment of s 216 (Abuse of persons with an impairment of the mind) Section 216(2), ‘subsection (3)(c)’— omit, insert— ‘subsections (3)(c) and (3A)’. 2013 Act No. 14 Page 47

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 3 Amendment of Criminal Code [s 18] 18 Amendment of s 218A (Using internet etc. to procure children under 16) (1) Section 218A(1) and (2)— omit, insert— ‘(1) Any adult who uses electronic communication with intent to procure a person under the age of 16 years, or a person the adult believes is under the age of 16 years, to engage in a sexual act, either in Queensland or elsewhere, commits a crime. Maximum penalty—10 years imprisonment. ‘(2) The adult is liable to 14 years imprisonment if— (a) the person is— (i) a person under 12 years; or (ii) a person the adult believes is under 12 years; or (b) the offence involves the adult— (i) intentionally meeting the person; or (ii) going to a place with the intention of meeting the person.’. (2) Section 218A(3), (5) and (6), ‘(1)(a)’— omit, insert— ‘(1)’. (3) Section 218A(9)— omit, insert— ‘(9) It is a defence to a charge under this section to prove the adult believed on reasonable grounds that the person was at least 16 years. ‘(9A) For an offence defined in subsection (1) alleged to have been committed with the circumstance of aggravation mentioned in subsection (2)(a)(i), it is a defence to the circumstance of aggravation to prove that the adult believed on reasonable grounds that the person was at least 12 years.’. Page 48 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 3 Amendment of Criminal Code [s 19] (4) Section 218A(10)— insert— ‘ meeting means meeting in person.’. 19 Insertion of new s 218B After section 218A— insert— ‘218B Grooming children under 16 ‘(1) Any adult who engages in any conduct in relation to a person under the age of 16 years, or a person the adult believes is under the age of 16 years, with intent to— (a) facilitate the procurement of the person to engage in a sexual act, either in Queensland or elsewhere; or (b) expose, without legitimate reason, the person to any indecent matter, either in Queensland or elsewhere; commits a crime. Note — See section 1 for the definition indecent matter . Maximum penalty—5 years imprisonment. ‘(2) The adult is liable to 10 years imprisonment if the person is— (a) a person under 12 years; or (b) a person the adult believes is under 12 years. ‘(3) For subsection (1)(a), a person engages in a sexual act if the person— (a) allows a sexual act to be done to the person’s body; or (b) does a sexual act to the person’s own body or the body of another person; or (c) otherwise engages in an act of an indecent nature. ‘(4) Subsection (3) is not limited to sexual intercourse or acts involving physical contact. 2013 Act No. 14 Page 49

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 3 Amendment of Criminal Code [s 20] ‘(5) For subsection (1)(a)— (a) it is not necessary to prove that the adult intended to facilitate the procurement of the person to engage in any particular sexual act; and (b) it does not matter that, by reason of circumstances not known to the adult, it is impossible in fact for the person to engage in the sexual act; and (c) it does not matter when the adult intended the person would be procured to engage in a sexual act. ‘(6) For subsection (1), it does not matter that the person is a fictitious person represented to the adult as a real person. ‘(7) Evidence that the person was represented to the adult as being under the age of 16 years, or 12 years, as the case may be, is, in the absence of evidence to the contrary, proof that the adult believed the person was under that age. ‘(8) It is a defence to a charge under this section to prove the adult believed on reasonable grounds that the person was at least 16 years. ‘(9) For an offence defined in subsection (1) alleged to have been committed with the circumstance of aggravation mentioned in subsection (2)(a), it is a defence to the circumstance of aggravation to prove that the adult believed on reasonable grounds that the person was at least 12 years. ‘(10) In this section— procure means knowingly entice or recruit for the purposes of sexual exploitation.’. 20 Amendment of s 222 (Incest) Section 222(8)— omit , insert — ‘(8) This section does not apply to carnal knowledge between persons who are— (a) lawfully married; or Page 50 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 3 Amendment of Criminal Code [s 21] (b) if both persons are adults—entitled to be lawfully married.’. 21 Amendment of s 228A (Involving child in making child exploitation material) Section 228A(1), penalty, ‘10 years imprisonment’— omit, insert— ‘14 years imprisonment’. 22 Amendment of s 228B (Making child exploitation material) Section 228B(1), penalty, ‘10 years imprisonment’— omit, insert— ‘14 years imprisonment’. 23 Amendment of s 228C (Distributing child exploitation material) Section 228C(1), penalty, ‘10 years imprisonment’— omit, insert— ‘14 years imprisonment’. 24 Amendment of s 228D (Possessing child exploitation material) Section 228D, penalty, ‘5 years imprisonment’— omit, insert— ‘14 years imprisonment’. 25 Amendment of s 228G (Forfeiture of child exploitation material etc.) Section 228G(1)(a)— 2013 Act No. 14 Page 51

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 3 Amendment of Criminal Code [s 26] omit, insert— ‘(a) section 210(1)(e) or (f), 218A or 218B; or’. 26 Amendment of s 568 (Cases in which several charges may be joined) Section 568— insert— ‘(10A) In an indictment against a person for an offence against section 228A, 228B, 228C or 228D, the person may be charged and proceeded against on 1 charge for the offence even though— (a) any number of separate acts constituting the offence have been committed, whether or not the separate acts constituting the offence can be identified; or (b) the separate acts constituting the offence have extended over any space of time; or (c) different acts constituting the offence took place at different times, whether or not the different acts can be identified.’. 27 Insertion of new ch 91 Part 9— insert— Page 52 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 28] ‘Chapter 91 Transitional provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 ‘730 Indictments for offences ‘This Code, as amended by the CriminalLaw(ChildExploitationandDangerousDrugs)AmendmentAct2013 , section 26, applies to an indictment against a person for an offence against section 228A, 228B, 228C or 228D whether the act or omission constituting the offence happened before, on or after the commencement of this section.’. Part 4 Amendment of Disability Services Act 2006 28 Act amended This part amends the Disability Services Act 2006 . 29 Amendment of s 109 (Police commissioner may decide that information about a person is investigative information) (1) Section 109(1)(a), (3)(a) and (4), after ‘schedule 6A’— insert — ‘or 6B’. (2) Section 109(3), ‘ schedule 6A offence ’— omit, insert — ‘ schedule 6A or 6B offence ’. 2013 Act No. 14 Page 53

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 30] (3) Section 109(3), note, ‘schedule 6A’— omit, insert — ‘schedules 6A and 6B’. 30 Amendment of s 266 (Police commissioner’s decision that information is investigative information) Section 266(3), definition schedule 6A offence , after ‘section 109’— insert — ‘as in force before the commencement of the CriminalLaw(ChildExploitationandDangerousDrugs)AmendmentAct2013 , section 29’. 31 Insertion of new pt 16, div 8 Part 16— insert— ‘Division 8 Transitional provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 ‘Subdivision 1 Interpretation ‘295 Definitions for div 8 ‘In this division— amended Act means this Act as amended by the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 . commencement means the commencement of this section. Page 54 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 31] new disqualified person means a person who is a disqualified person only because the person has been convicted or is convicted of a new disqualifying offence. new disqualifying offence means an offence that is a disqualifying offence under this Act but was not a disqualifying offence under this Act immediately before the commencement. new relevant disqualified person means a person who is a relevant disqualified person only because the person has been convicted or is convicted of a new disqualifying offence for which an imprisonment order has been or is imposed. new serious offence means an offence that is a serious offence under this Act but was not a serious offence under this Act immediately before the commencement. ‘Subdivision 2 Prescribed notice applications and prescribed notices ‘296 Existing prescribed notice application by new relevant disqualified person ‘(1) This section applies if— (a) before the commencement a prescribed notice application had been made about a person; and (b) immediately before the commencement the application had not been decided or withdrawn; and (c) at the commencement the person is a new relevant disqualified person. ‘(2) The person’s application is taken to be withdrawn. ‘(3) The chief executive must give written notice about the withdrawal of the application to the person and the funded non-government service provider who made the application. 2013 Act No. 14 Page 55

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 31] ‘297 Existing prescribed notice application if person charged with new disqualifying offence or is new disqualified person but not new relevant disqualified person ‘(1) This section applies if— (a) before the commencement a prescribed notice application had been made about a person; and (b) immediately before the commencement the application had not been decided or withdrawn; and (c) at the commencement the person— (i) is charged with a new disqualifying offence; or (ii) is a new disqualified person but not a new relevant disqualified person. Note — If a person holds a positive notice, see also sections 300 and 301. ‘(2) Subsection (3) applies if— (a) at the commencement the person is charged with a new disqualifying offence; or (b) at the commencement the person is a new disqualified person but not a new relevant disqualified person and, at the time of making the application— (i) was not issued, or not taken to have been issued, an eligibility declaration; and (ii) did not hold a positive notice. ‘(3) At the commencement— (a) the application is taken to be withdrawn; and (b) the chief executive must give written notice about the withdrawal of the application to the person and the funded non-government service provider who made the application. Note — If a person charged with a new disqualifying offence also holds a positive notice, see also sections 301 and 104. Page 56 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 31] ‘(4) Subsection (5) applies if the person is a new disqualified person but not a new relevant disqualified person and at the time of making the application the person— (a) was not issued, or not taken to have been issued, an eligibility declaration; and (b) held a positive notice that was not suspended. ‘(5) At the commencement— (a) the person is taken to have been issued an eligibility declaration other than for section 85(6)(b); and (b) the chief executive must decide the application under the amended Act. ‘(6) If the person is a new disqualified person but not a new relevant disqualified person and, at the time of the application the person was issued an eligibility declaration, at the commencement the chief executive must decide the application under the amended Act but section 85(6)(b) does not apply to the chief executive making the decision. ‘(7) For subsections (3) and (6), if before the commencement the chief executive had, under section 100, cancelled a negative notice issued to the person, on the commencement section 85(6)(a) does not apply to the chief executive making the decision. ‘298 Other existing prescribed notice applications ‘(1) This section applies if— (a) before the commencement a prescribed notice application had been made about a person; and (b) immediately before the commencement the application had not been decided or withdrawn; and (c) section 296 or 297 does not apply. ‘(2) At the commencement the chief executive must decide the application under the amended Act. 2013 Act No. 14 Page 57

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 31] ‘299 Current positive notice for new relevant disqualified person ‘(1) This section applies if— (a) before the commencement a person held a positive notice; and (b) immediately before the commencement the notice was current; and (c) at the commencement the person is a new relevant disqualified person. ‘(2) At the commencement the amended Act applies and the chief executive must cancel the person’s positive notice and substitute a negative notice under section 102. Note — Under section 99, a person must return their cancelled positive notice and any positive notice card issued to the person to the chief executive. ‘(3) Also, if the positive notice is suspended under section 104 at the commencement, any application for the cancellation of the suspension under section 105 that has not been decided or withdrawn at the commencement is taken to have been withdrawn. ‘(4) The chief executive must give written notice about the withdrawal of the application under subsection (3) to the person and the funded non-government service provider who made the application. ‘300 Current positive notice for new disqualified person other than new relevant disqualified person ‘(1) This section applies if— (a) before the commencement a person held a positive notice; and (b) immediately before the commencement the notice was current; and (c) at the commencement the person is a new disqualified person but not a new relevant disqualified person. Page 58 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 31] ‘(2) If, at the commencement, the person’s positive notice is suspended under section 104, the amended Act applies in relation to the positive notice. ‘(3) If, at the commencement, the person is not issued, or not taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 104— (a) the person is taken to have been issued an eligibility declaration under section 107H; and (b) the amended Act applies in relation to the positive notice. ‘(4) If, at the commencement, the person is issued, or taken to have been issued, an eligibility declaration and the person’s positive notice is not suspended under section 104, the amended Act applies in relation to the person’s positive notice. ‘(5) If, after the commencement, the chief executive is to make a decision about the person under section 85, and it is the first time the chief executive is to make a decision under that section about the person after the commencement, section 85(6)(b) does not apply to the chief executive making the decision. ‘301 Other current positive notices ‘(1) This section applies if— (a) before the commencement a person held a positive notice; and (b) immediately before the commencement the positive notice was current; and (c) section 299 or 300 does not apply. ‘(2) The amended Act applies to the person’s positive notice. 2013 Act No. 14 Page 59

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 31] ‘Subdivision 3 Exemption notice applications and exemption notices ‘302 Existing exemption notice application by new relevant disqualified person or person charged with a new disqualifying offence ‘(1) This section applies if— (a) before the commencement an exemption notice application was made about a person; and (b) immediately before the commencement the application has not been decided or withdrawn; and (c) at the commencement— (i) the person is a new relevant disqualified person; or (ii) the person is charged with a new disqualifying offence. ‘(2) The application is taken to be withdrawn. ‘(3) The chief executive must give written notice about the withdrawal of the application to the person and the funded non-government service provider who made the application. ‘303 Existing exemption notice application if person is new disqualified person but not new relevant disqualified person ‘(1) This section applies if— (a) before the commencement an exemption notice application was made about a person; and (b) immediately before the commencement the application had not been decided or withdrawn; and (c) at the commencement the person is a new disqualified person but not a new relevant disqualified person. ‘(2) At the commencement the chief executive must decide the application under the amended Act. Page 60 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 34] 50DA 50DB Benefiting from offence against this Part Encouraging offence against this Part as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth)’. 34 Amendment of sch 5 (Current disqualifying offences) (1) Schedule 5, item 4, entry for Criminal Code— insert— ‘218B Grooming children under 16’. (2) Schedule 5, item 4, entry for Criminal Code, entry for section 229G, after ‘Procuring’— insert — ‘engagement in’. (3) Schedule 5, item 5, entry for Crimes Act 1914 (Cwlth)— omit . (4) Schedule 5, item 6, entry for Criminal Code (Cwlth)— insert — ‘272.8 Sexual intercourse with child outside Australia 272.9 Sexual activity (other than sexual intercourse) with child outside Australia Page 78 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 34] 272.10 272.11 272.12 272.13 272.14 272.15 272.18 Aggravated offence—child with mental impairment or under care, supervision or authority of defendant Persistent sexual abuse of child outside Australia Sexual intercourse with young person outside Australia— defendant in position of trust or authority Sexual activity (other than sexual intercourse) with young person outside Australia— defendant in position of trust or authority Procuring child to engage in sexual activity outside Australia “Grooming” child to engage in sexual activity outside Australia Benefiting from offence against this Division 2013 Act No. 14 Page 79

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 34] 272.19 272.20 273.5 273.6 273.7 471.16 Encouraging offence against this Division Preparing for or planning offence against this Division Possessing, controlling, producing, distributing or obtaining child pornography material outside Australia Possessing, controlling, producing, distributing or obtaining child abuse material outside Australia Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people Using a postal or similar service for child pornography material Page 80 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 34] 471.17 471.19 471.20 471.22 471.24 471.25 Possessing, controlling, producing, supplying or obtaining child pornography material for use through a postal or similar service Using a postal or similar service for child abuse material Possessing, controlling, producing, supplying or obtaining child abuse material for use through a postal or similar service Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people Using a postal or similar service to procure persons under 16 Using a postal or similar service to “groom” persons under 16 2013 Act No. 14 Page 81

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 35] 471.26 474.24A 474.25A 474.25B 474.27A Using a postal or similar service to send indecent material to person under 16 Aggravated offence—offence involving conduct on 3 or more occasions and 2 or more people Using a carriage service for sexual activity with person under 16 years of age Aggravated offence—child with mental impairment or under care, supervision or authority of defendant Using a carriage service to transmit indecent communication to person under 16 years of age’. (5) Schedule 5, items 6, as amended, and 7— renumber as schedule 5, items 5 and 6. 35 Amendment of sch 6 (Repealed or expired disqualifying offences) (1) Schedule 6, entry for Criminal Code— Page 82 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 35] insert— ‘218A (2) Using internet etc. to procure children under 16 Schedule 6— insert — as the provision was in force from time to time before its repeal by the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 ’. ‘2 Crimes Act 1914 (Cwlth) Provision Relevant of Act heading Qualification relating to the provision of the Act 50BA 50BB 50BC 50BD 50DA 50DB Sexual intercourse with child under 16 Inducing child under 16 to engage in sexual intercourse Sexual conduct involving child under 16 Inducing child under 16 to be involved in sexual conduct Benefiting from offence against this Part Encouraging offence against this Part as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth)’. 2013 Act No. 14 Page 83

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 36] 36 Amendment of sch 6A (Offences that may form basis of investigative information) (1) Schedule 6A, item 4, entry for Criminal Code— insert— ‘218B Grooming children under 16’. (2) Schedule 6A, item 4, entry for CriminalCode, entry for section 229G, after ‘Procuring’— insert — ‘engagement in’. (3) Schedule 6A, item 5, entry for Crimes Act 1914 (Cwlth)— omit . (4) Schedule 6A, item 6, entry for Criminal Code (Cwlth)— insert— ‘272.8 272.9 272.10 Sexual intercourse with child outside Australia Sexual activity (other than sexual intercourse) with child outside Australia Aggravated offence—child with mental impairment or under care, supervision or authority of defendant Page 84 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 37] 272.11 Persistent sexual abuse of child outside Australia 272.12 Sexual intercourse with young person outside Australia— defendant in position of trust or authority 272.13 Sexual activity (other than sexual intercourse) with young person outside Australia— defendant in position of trust or authority 272.14 272.15 Procuring child to engage in sexual activity outside Australia “Grooming” child to engage in sexual activity outside Australia’. (5) Schedule 6A, item 6, as amended— renumber as schedule 6A, item 5. 37 Insertion of new sch 6B After schedule 6A— insert — 2013 Act No. 14 Page 85

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 4 Amendment of Disability Services Act 2006 [s 38] ‘Schedule 6B Repealed or expired offences that may form basis of investigative information section 109 ‘ Crimes Act 1914 (Cwlth) Provision Relevant of Act heading Qualification relating to the provision of the Act 50BA 50BB 50BC 50BD Sexual intercourse with child under 16 Inducing child under 16 to engage in sexual intercourse Sexual conduct involving child under 16 Inducing child under 16 to be involved in sexual conduct as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth) as the provision was in force from time to time before its repeal by the Crimes Legislation Amendment (Sexual Offences Against Children) Act 2010 (Cwlth)’. 38 Amendment of sch 7 (Dictionary) (1) Schedule 7, definition commencement — omit . (2) Schedule 7— insert— Page 86 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 5 Amendment of Drugs Misuse Act 1986 [s 39] ‘ amended Act , for part 16, division 8, see section 295. commencement — (a) for part 16, division 2—see section 235; or (b) for part 16, division 3—see section 241(1); or (c) for part 16, division 5, subdivision 2—see section 253; or (d) for part 16, division 5, subdivision 3—see section 260; or (e) for part 16, division 5, subdivision 4—see section 270; or (f) for part 16, division 8—see section 295. new disqualified person , for part 16, division 8, see section 295. new disqualifying offence , for part 16, division 8, see section 295. new relevant disqualified person , for part 16, division 8, see section 295. new serious offence , for part 16, division 8, see section 295.’. (3) Schedule 7, definition unamended Act , paragraph (c)— omit, insert — ‘(c) for part 16, division 5, subdivision 4—see section 270.’. Part 5 Amendment of Drugs Misuse Act 1986 39 Act amended This part amends the Drugs Misuse Act 1986. 2013 Act No. 14 Page 87

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 5 Amendment of Drugs Misuse Act 1986 [s 40] 40 Amendment of s 4 (Definitions) (1) Section 4— insert— ‘ Australian Crime Commission means the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7.’. (2) Section 4, definition dangerous drug , paragraph (c), from ‘that has a chemical structure’— omit, insert — ‘that— (i) has a chemical structure that is substantially similar to the chemical structure of a thing referred to in paragraph (a) or (b); or (ii) has a pharmacological effect that is substantially similar to the pharmacological effect of a thing referred to in paragraph (a) or (b); or (iii) is intended to have a pharmacological effect that is substantially similar to the pharmacological effect of a thing referred to in paragraph (a) or (b);’. (3) Section 4, definition dangerous drug — insert — ‘Note — See also section 4BA for when a thing is intended to have a pharmacological effect that is substantially similar to the pharmacological effect of a thing referred to in paragraph (a) or (b).’. 40A Insertion of new s 4BA After section 4B— insert — Page 88 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 5 Amendment of Drugs Misuse Act 1986 [s 41] ‘4BA Provision about s 4, definition dangerous drug , paragraph (c)(iii) ‘(1) This section applies if, in a proceeding for an offence against this or another Act, it is relevant to prove that a thing is a dangerous drug under section 4, definition dangerous drug , paragraph (c)(iii). ‘(2) The thing is a dangerous drug if it is intended, by the accused person, to have a pharmacological effect that is substantially similar to the pharmacological effect of a thing referred to in section 4, definition dangerous drug , paragraph (a) or (b).’. 41 Amendment of s 9A (Possessing relevant substances or things) Section 9A— insert— ‘(1A) It is a defence to a charge of an offence against subsection (1) for a person to prove that the person has a reasonable excuse for possessing the relevant substance or thing.’. 42 Insertion of new s 9D After section 9C— insert— ‘9D Trafficking in relevant substances or things ‘A person who carries on the business of unlawfully trafficking in a relevant substance or thing as defined under section 9A(2), for use in connection with the commission of a crime under section 8, commits a crime. Maximum penalty—20 years imprisonment.’. 43 Amendment of s 10 (Possessing things) Section 10, after subsection (4)— insert— 2013 Act No. 14 Page 89

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 5 Amendment of Drugs Misuse Act 1986 [s 44] ‘(4AA) For subsection (4), it is immaterial whether the hypodermic syringe or needle was for use, or had been used, in connection with the administration of a dangerous drug.’. 44 Amendment of s 30 (Interpretation) (1) Section 30(1), definition court , paragraph (b)— renumber as paragraph (c). (2) Section 30(1), definition court — insert — ‘(b) the District Court; or’. 45 Amendment of s 43U (Confidentiality of information) (1) Section 43U(2)(c) and (d)— renumber as section 43U(2)(d) and (e). (2) Section 43U(2)— insert— ‘(c) disclosure of information to a member of the staff of the Australian Crime Commission to enable the member to perform his or her functions as a member of the staff of the Australian Crime Commission; or’. 46 Amendment of s 46 (Definitions for pt 5B) Section 46, definition serious offence , paragraph (a)(ii), ‘or 8’— omit, insert— ‘, 8 or 9D’. 47 Replacement of pt 7, hdg (Transitional provisions) Part 7, heading— omit , insert— Page 90 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 5 Amendment of Drugs Misuse Act 1986 [s 48] ‘Part 7 Transitional and validating provisions ’. 48 Insertion of new pt 7, div 8 Part 7— insert— ‘Division 8 Provisions for Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 ‘143 Validation of orders for forfeiture or restraint made by District Court before commencement ‘(1) This section applies to an order made before the commencement of this section by the District Court under part 5. ‘(2) The order is taken to be, and always to have been, as valid and effective as it would have been if section 30(1), definition court included a reference to the District Court at the relevant time. ‘144 Amendment of regulation by Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 does not affect powers of Governor in Council ‘The amendment of the Drugs Misuse Regulation 1987 by the Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 does not affect the power of the Governor in Council to further amend the regulation or to repeal it.’. 2013 Act No. 14 Page 91

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 6 Amendment of Drugs Misuse Regulation 1987 [s 49] Part 6 Amendment of Drugs Misuse Regulation 1987 49 Regulation amended This part amends the Drugs Misuse Regulation 1987. 50 Amendment of sch 8A (Gross weight of relevant substances for ss 9A, 9B and 9C of Act) (1) Schedule 8A, heading, ‘and 9C’— omit, insert— ‘ , 9C and 9D ’. (2) Schedule 8A, heading, ‘9C and 134’— omit , insert— ‘9C, 9D and 134’. 51 Amendment of sch 8B (Things specified for ss 9A, 9B and 9C, and prescribed for s 134, of Act) (1) Schedule 8B, heading, ‘and 9C’— omit, insert— ‘ , 9C and 9D ’. (2) Schedule 8B, heading, ‘9C and 134’— omit , insert— ‘9C, 9D and 134’. Page 92 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 7 Amendment of Evidence Act 1977 [s 52] Part 7 Amendment of Evidence Act 1977 52 Act amended This part amends the Evidence Act 1977. 53 Amendment of s 54 (Proof of identity of a person convicted) Section 54— omit , insert — ‘54 Proof of identity of a person convicted ‘(1) If a person (the alleged offender ) is alleged to have been convicted in Queensland, the Commonwealth or another State or Territory of an offence, an affidavit that complies with subsection (2) is proof, unless the contrary is proved, the alleged offender— (a) has been convicted of an offence stated in the affidavit under subsection (2)(c)(iii); and (b) is the person who is referred to as having been convicted in a certificate of conviction exhibited to the affidavit under subsection (2)(b). ‘(2) The affidavit must— (a) purport to be made by an expert; and (b) exhibit a certificate of conviction for the offence the alleged offender is alleged to have been convicted of; and (c) state the following— (i) the expert’s field of expertise; (ii) the process and evidence used by the expert to determine the identity of the alleged offender based on available identifying records; 2013 Act No. 14 Page 93

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 7 Amendment of Evidence Act 1977 [s 53] (iii) any offence that, based on the results of the expert’s determination mentioned in subparagraph (ii), a police record states the alleged offender has been convicted of; (iv) that, based on the results of the expert’s determination mentioned in subparagraph (ii), and the police record mentioned in subparagraph (iii), the expert believes that the alleged offender is the person who is referred to as having been convicted in the certificate of conviction exhibited to the affidavit under subsection (2)(b). ‘(3) If a party to a proceeding intends to rely on the affidavit (the relying party ), the party must give a copy of the affidavit to each other party to the proceeding— (a) at least 10 business days before the hearing day; or (b) if, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a)—by a later date allowed by the court. ‘(4) If a party to the proceeding, other than the relying party, intends to challenge a matter stated in the affidavit, the party must give the relying party notice in writing of the matter to be challenged— (a) at least 3 business days before the hearing day; or (b) if subsection (3)(b) applies and, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a)—by a later date allowed by the court. ‘(5) If a party to the proceeding (the notifying party ) gives the relying party a notice under subsection (4), then, unless the notifying party otherwise agrees, the relying party must ensure that the expert is available at the hearing of the proceeding for cross-examination on the affidavit. ‘(6) In this section— Page 94 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 7 Amendment of Evidence Act 1977 [s 53] certificate of conviction , for an offence, means a document purporting to be the certificate of conviction, or a certified copy of the certificate of conviction, for the offence. corresponding law , in relation to a provision of a Queensland law, means a law of the Commonwealth or another State or Territory corresponding, or substantially corresponding, to the provision. DNA sample see the Police Powers and Responsibilities Act2000, schedule 6. expert means a person who is qualified to give opinion evidence as an expert witness in relation to the identity of a person based on the type of identifying records used by the expert to determine the identity of the alleged offender under subsection (2)(c)(ii). hearing day means the day fixed for the start of the hearing of the proceeding. identifying particulars see the PolicePowersandResponsibilities Act 2000, schedule 6. identifying records , of a person, means— (a) any identifying particulars of the person taken under the PolicePowersandResponsibilitiesAct2000 , chapter 17, part 4 or a corresponding law; or (b) the results of a DNA analysis performed, under the PolicePowersandResponsibilitiesAct2000 , chapter 17, part 5 or a corresponding law, on a DNA sample taken from the person under that part or a corresponding law; or (c) a DNA sample taken from the person under the PolicePowers and Responsibilities Act 2000 , chapter 17, part 5 or a corresponding law. party , to a proceeding, means— (a) for a criminal proceeding—the prosecutor and each accused person; or 2013 Act No. 14 Page 95

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Part 8 Minor and consequential amendments [s 54] (b) for a civil proceeding—each person who is a party to the proceeding; or (c) for another proceeding—each person who has been given leave to appear in the proceeding.’. Part 8 Minor and consequential amendments 54 Acts amended The schedule amends the Acts it mentions. Page 96 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Schedule Schedule Other minor and consequential amendments section 54 Child Protection (Offender Reporting) Act 2004 1 Schedule 2, item 1(a)— insert— ‘• section 218B (Grooming children under 16)’. Commission for Children and Young People and Child Guardian Act 2000 1 Section 180(2), ‘applies’— omit, insert — ‘apply’. 2 Section 355(2)(b), ‘District Court’— omit, insert — ‘Court of Appeal’. 3 Section 461, ‘section’— omit, insert — ‘sections’. 4 Schedule 1, section 4(3)(a), examples— omit, insert — 2013 Act No. 14 Page 97

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Schedule ‘ Examples of a service mentioned in paragraph (a) — • babysitting service • nanny service • a service, conducted by a hotel or resort, to provide child care to children who are short term guests • a service for providing adjunct care’. Corrective Services Act 2006 1 Schedule 1, entry for Criminal Code— insert— ‘section 218B (Grooming children under 16)’. Criminal Organisation Act 2009 1 Schedule 1— insert— ‘218B Grooming children under 16’. Disability Services Act 2006 1 Section 108B(2)(b)— omit, insert— ‘(b) otherwise—by the tribunal, even if the dismissal would be contrary to a direction of the Court of Appeal.’. Page 98 2013 Act No. 14

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Schedule 2 Section 108B(3), ‘QCAT’— omit, insert— ‘the tribunal’. Police Powers and Responsibilities Act 2000 1 Section 379(1)(c), ‘or 8’— omit, insert— ‘, 8 or 9D’. 2 Schedule 2, section 4— insert— ‘• section 218B (Grooming children under 16)’. Private Employment Agents Act 2005 1 Section 39(3), definition offence of a sexual nature , after ‘218A’— insert — ‘, 218B’. 2013 Act No. 14 Page 99

Criminal Law (Child Exploitation and Dangerous Drugs) Amendment Act 2013 Schedule Prostitution Act 1999 1 Schedule 4, definition disqualifying offence , paragraph (a)(ii), after ‘5’— insert— ‘or 9D’. Transport Operations (Passenger Transport) Act 1994 1 Schedule 1A, part 1, division 1— insert— ‘7A section 218B (Grooming children under 16)’. © State of Queensland 2013 Authorised by the Parliamentary Counsel Page 100 2013 Act No. 14