Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 (Qld)

Queensland Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Act No. 64 of 2013

Queensland Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 Part 3 10 11 12 13 14 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of Bail Act 1980 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 8 (Power of court as to bail) . . . . . . . . . . . . . . . 17 Replacement of ss 15A and 15B . . . . . . . . . . . . . . . . . . . . . . . . . 17 15A Conduct of proceeding by Magistrates Court outside district or division . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Amendment of s 16 (Refusal of bail) . . . . . . . . . . . . . . . . . . . . . . 18 Amendment of s 27B (Warrant for apprehension of defendant if bail granted under s 15A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Insertion of new s 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 42 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013. . . . . . . . . . . . . . . . . . . . . . . . . 20 Amendment of Corrective Services Act 2006 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Amendment of s 12 (Prisoner security classification). . . . . . . . . . 21 Amendment of s 13 (Reviewing prisoner’s security classification) 22 Amendment of s 41 (Who may be required to give test sample) . 22 Insertion of new ch 2, pt 2, div 6A . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 6A Criminal organisation segregation orders 65A Making criminal organisation segregation order. . . . . 22 65B Directions in COSOs . . . . . . . . . . . . . . . . . . . . . . . . . 23

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents 15 16 17 18 19 Part 4 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Page 2 65C Medical examination. . . . . . . . . . . . . . . . . . . . . . . . . . 65D Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 71 (Reconsidering decision) . . . . . . . . . . . . . . . Insertion of new s 267A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 267A Directions to identified participant in criminal organisation ........................... Insertion of new s 344AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 344AA Commissioner may provide information about particular offender’s participation in criminal organisation ............................ Insertion of new ss 350A and 350B . . . . . . . . . . . . . . . . . . . . . . . 350A Confidentiality of criminal intelligence in proceedings 350B Application of Judicial Review Act 1991 . . . . . . . . . . . Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Crime and Misconduct Act 2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 8 (Crime Reference Committee) . . . . . . . . . . . 8 Crime Reference Committee . . . . . . . . . . . . . . . . . . . Amendment of s 53 (Intelligence functions) . . . . . . . . . . . . . . . . . Amendment of ch 3, pt 1, div 1, sdiv 1, hdg (Crime investigations) Amendment of s 72 (Power to require information or documents) Amendment of ch 3, pt 1, div 2, sdiv 1, hdg (Crime investigations and witness protection function) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 74 (Notice to produce for crime investigation or witness protection function) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of ch 3, pt 1, div 2, sdiv 2, hdg (Misconduct investigations) ................................... Amendment of s 75 (Notice to discover information) . . . . . . . . . . Amendment of ch 3, pt 1, div 3, sdiv 1, hdg (Crime investigations) Amendment of ch 3, pt 1, div 3, sdiv 2, hdg (Misconduct investigations) .................................. Amendment of s 82 (Notice to attend hearing—general) . . . . . . . Amendment of s 183 (Refusal to take oath) . . . . . . . . . . . . . . . . . Amendment of s 185 (Refusal to produce—claim of reasonable excuse) ........................................ Amendment of s 188 (Refusal to produce—claim of reasonable excuse) ....................................... Amendment of s 190 (Refusal to answer question) . . . . . . . . . . . Amendment of s 192 (Refusal to answer question) . . . . . . . . . . . 23 24 24 24 25 26 26 27 28 29 30 31 31 31 31 31 32 32 32 34 35 35 35 36 36 36 36 37 37 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents 37 38 39 40 41 42 43 44 45 46 Part 5 47 48 49 50 Part 6 51 52 53 Part 7 54 Amendment of s 195 (Appeals to Supreme Court) . . . . . . . . . . . Amendment of s 197 (Restriction on use of privileged answers, documents, things or statements disclosed or produced under compulsion) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 198 (Contempt of person conducting commission hearing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 199 (Punishment of contempt) . . . . . . . . . . . . . Insertion of new s 200A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200A Confidentiality of particular proceedings . . . . . . . . . . Insertion of new s 237A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 237A Acting part-time commissioners . . . . . . . . . . . . . . . . . Amendment of s 277 (Reference committee may obtain information from commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 331 (Effect of pending proceedings) . . . . . . . . . Insertion of new ch 8, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 10 Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 395 Use of privileged answers, documents, things or statements in proceedings under Confiscation Act . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Criminal CodeAct amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 1 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 597C (Accused person to be called on to plead to indictment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 92 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 731 Application of amended s 597C . . . . . . . . . . . . . . . . . Amendment of Criminal Proceeds Confiscation Act 2002 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment and renumbering of s 265 (Evidentiary provision) . . Insertion of new s 265 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265 Admissibility of evidence obtained under Crime andMisconduct Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of District Court of Queensland Act 1967 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 38 38 38 38 39 40 40 41 41 42 42 43 44 44 45 46 46 47 47 47 47 48 2013 Act No. 64 Page 3

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents 55 Part 8 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Page 4 Amendment of s 110C (Use of video link facilities in proceedings) Amendment of Electrical Safety Act 2002 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 59 (Application for issue of electrical licence) . . Amendment of s 60 (Application for renewal of electrical licence) Amendment of s 61 (Application for reinstatement of electrical licence) ........................................ Insertion of new s 63A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63A Procedure for refusing to issue, renew or reinstate electrical licence of body corporate or partnership. . . Amendment of s 64 (Regulator to give reasons for refusal of application or for conditions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 4, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3A Prohibited persons 65A When person prohibited from holding electrical licence 65B Requesting and using information from Commissioner—identified participants and criminal organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 88 (Functions of licensing committee). . . . . . . . Amendment of s 107 (Licensed electrical contractor) . . . . . . . . . Insertion of new s 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107A Becoming a prohibited person not a ground for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 9A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 9A Cancellation of electrical licence and external licence recognition provision’s application to external licence 121A Cancellation of licence . . . . . . . . . . . . . . . . . . . . . . . . 121B Cancellation of external licence recognition provision’s application to external licence . . . . . . . . . 121C Procedure for cancelling electrical licence, or external licence recognition provision’s application to external licence, of body corporate or partnership . . . . . . . . . . Amendment of s 168 (Application for review) . . . . . . . . . . . . . . . . Insertion of new ss 173 and 174 . . . . . . . . . . . . . . . . . . . . . . . . . 173 Confidentiality of criminal intelligence in proceedings 174 Application of Judicial Review Act 1991 . . . . . . . . . . . Amendment of s 184 (Certificate about action on electrical licence) Insertion of new pt 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 49 49 50 50 51 51 52 52 53 53 54 54 54 54 55 55 56 57 58 58 58 60 61 61 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents 71 Part 9 72 73 74 Part 10 75 76 77 78 79 80 81 82 83 84 85 Part 11 Division 1 86 Division 2 87 88 89 Part 21 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 255 Applications not finally decided . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Evidence Act 1977 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 39B (Application of pt 3A) . . . . . . . . . . . . . . . . . Amendment of s 39C (Definitions for pt 3A) . . . . . . . . . . . . . . . . . Amendment of Justices Act 1886 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 23EC (Magistrate for other district or division authorised to grant bail may also adjourn a hearing for offence) . 23EC Conduct of proceeding by video link facilities or audio link facilities by court outside district or division . . . . . Amendment of s 139 (Where summary cases to be heard). . . . . Amendment of pt 6A, hdg (Use of video link facilities) . . . . . . . . . Amendment of s 178A (Purpose of part) . . . . . . . . . . . . . . . . . . . Amendment of s 178B (Definitions for part) . . . . . . . . . . . . . . . . . Amendment of s 178C (Use of video link facilities in proceedings) Amendment of s 178D (Facility user taken to be before the court) Amendment of s 178E (Way video link facilities must be operated) Insertion of new pt 11, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 6 Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 280 Application of provisions about use of video link facilities or audio link facilities. . . . . . . . . . . . . . . . . . . Amendment of Liquor Act 1992 Preliminary Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments not affected by Liquor (Red Tape Reduction)and Other Legislation Amendment Act 2013 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 11B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11B Particular entities not exempt . . . . . . . . . . . . . . . . . . . Amendment of pt 2, hdg (Jurisdiction of tribunal) . . . . . . . . . . . . . 61 62 63 63 63 64 64 65 65 66 66 66 66 67 68 69 69 69 70 70 71 71 72 2013 Act No. 64 Page 5

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 Page 6 Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . Insertion of new pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Review of decisions relating to particular disqualified persons 36 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Confidentiality of criminal intelligence in proceedings 38 Application of Judicial Review Act 1991 . . . . . . . . . . . Insertion of new ss 47B and 47C . . . . . . . . . . . . . . . . . . . . . . . . . 47B Requesting and using information from police commissioner—section 228B decisions. . . . . . . . . . . 47C Application of Acts Interpretation Act 1954 in giving reasons for section 228B decisions . . . . . . . . . . . . . . Amendment of pt 5, hdg (Grant, variation and transfer of licences and permits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 107 (Restrictions on grant of licence or permit) Amendment of s 107E (Suitability of applicant for adult entertainment permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 109B (Controllers) . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 129 (Applications to continue trading in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 131A (Decision by commissioner on application to continue trading in certain circumstances) . . . . . . . . . . . . . . . . Amendment of s 134 (Cancellation, suspension or variation of permits) ........................................ Replacement of s 134A (Ground for taking relevant action relating to adult entertainment permit) . . . . . . . . . . . . . . . . . . . . . 134A Ground for taking relevant action relating to particular permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 134B (Show cause notice) . . . . . . . . . . . . . . . . Amendment of s 134C (Decision about relevant action relating to adult entertainment permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 134D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134D Urgent suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 135 (Summary cancellation, suspension or variation) ....................................... Amendment of s 136 (Grounds for disciplinary action) . . . . . . . . Amendment of s 137 (Procedure for taking disciplinary action in relation to licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 137A (Decision about disciplinary action) . . . . . Amendment of s 137C (Urgent suspension) . . . . . . . . . . . . . . . . 72 73 73 74 76 76 77 78 78 78 78 79 80 80 81 81 81 82 82 83 83 84 84 85 86 86 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents 109 110 111 112 113 114 115 Division 3 116 117 118 Part 12 119 120 121 Insertion of new s 137CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137CA Immediate cancellation of particular licences. . . . . . . Insertion of new pt 5, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3A Withdrawal of approval of relevant agreements entered into by licensees 139A Application of div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . 139B Urgent suspension of approval. . . . . . . . . . . . . . . . . . 139C Show cause notice for withdrawal of approval . . . . . . 139D Decision about withdrawing approval of relevant agreement ............................. 139E Immediate withdrawal of approval and direction to terminate relevant agreement. . . . . . . . . . . . . . . . . . . 139F Requirement to terminate relevant agreement on withdrawal of approval . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 142R (Deciding application) . . . . . . . . . . . . . . . Insertion of new s 142ZAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142ZAA Immediate cancellation—identified participants . . . . . Amendment of s 153 (Letting or subletting of licensed premises) Insertion of new s 228B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228B Disqualification from holding licence, permit or approval—identified participants and criminal organisations ........................... Insertion of new pt 12, div 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 15 Transitional provisions for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 318 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . Amendments subject to commencement of Liquor (RedTape Reduction) and Other Legislation Amendment Act2013 Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . Amendment of s 142ZK (Deciding application) . . . . . . . . . . . . . . Insertion of new s 142ZQA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142ZQA Immediate cancellation of approval—identified participants ............................ Amendment of Penalties and Sentences Act 1992 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 15A (Audiovisual link or audio link may be used to sentence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 14, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 86 87 87 88 90 90 91 92 93 93 93 93 94 94 94 95 95 96 96 96 97 97 98 2013 Act No. 64 Page 7

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents Part 13 122 123 124 125 126 Part 14 127 128 129 130 131 132 133 134 135 Page 8 Division 8 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 233 Application of amended s 15A . . . . . . . . . . . . . . . . . . Amendment of Police Service Administration Act 1990 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 10, div 1, sdiv 1A . . . . . . . . . . . . . . . . . . . . . . Subdivision 1A Disclosure of criminal histories relating to criminal organisations 10.2AAA Definitions for sdiv 1A. . . . . . . . . . . . . . . . . . . . . . . . . 10.2AAB Disclosure of criminal history of current or former participants of criminal organisations . . . . . . . . . . . . . 10.2AAC Authorisation to publish or further disclose a criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.2AAD Power may not be delegated . . . . . . . . . . . . . . . . . . . Amendment of pt 10, div 1, sdiv 2, hdg (Criminal history disclosure provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 10.2E (Relationship to other laws) . . . . . . . . . . Amendment of s 10.2G (Definitions for div 1A) . . . . . . . . . . . . . . Amendment of Queensland Building Services Authority Act1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 31 (Entitlement to contractor’s licence) . . . . . . . Amendment of s 31A (No entitlement to contractor’s licence if particular partners) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 32 (Entitlement to a nominee supervisor’s licence) ........................................ Amendment of s 32AA (Entitlement to a site supervisor’s licence) Amendment of s 32AB (Entitlement to a fire protection occupational licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 49AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49AA Immediate cancellation of licences—identified participant in criminal organisation. . . . . . . . . . . . . . . Insertion of new s 56AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56AA Requesting and using police commissioner’s advice—identified participants . . . . . . . . . . . . . . . . . . Insertion of new pt 7, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3A Review of particular decisions 87A Confidentiality of criminal intelligence in proceedings 87B Application of Judicial Review Act 1991 . . . . . . . . . . . 98 99 99 99 99 100 100 100 101 101 101 101 102 102 102 103 103 103 104 104 104 105 107 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents 136 137 Part 15 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 Insertion of new sch 1, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 10 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 52 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Racing Act 2002 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 203 (Suitability of applicants for eligibility certificate) ...................................... Amendment of s 211 (Conditions for granting application for eligibility certificate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 212A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212A Information about whether persons are identified participants in criminal organisations . . . . . . . . . . . . . Amendment of s 217 (Decision on application) . . . . . . . . . . . . . . Amendment of s 224 (Investigations into suitability of certificate holder) ........................................ Amendment of s 225 (Investigation into suitability of associate of certificate holder) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 230 (Grounds for cancellation) . . . . . . . . . . . . . Insertion of new s 230A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230A Immediate cancellation of eligibility certificate . . . . . . Amendment of s 231 (Show cause notice). . . . . . . . . . . . . . . . . . Amendment of s 235 (Censuring certificate holder) . . . . . . . . . . . Amendment of s 236 (Cancellation of eligibility certificate) . . . . . Amendment of s 237 (Return of cancelled eligibility certificate). . Amendment of s 238 (Automatic cancellation of all licences granted to racing bookmakers). . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 239 (Notice to control bodies of decisions) . . . . Insertion of new ss 242A and 242B . . . . . . . . . . . . . . . . . . . . . . . 242A Confidentiality of criminal intelligence in proceedings 242B Application of Judicial Review Act 1991 . . . . . . . . . . . Amendment of s 310 (Definitions for div 1) . . . . . . . . . . . . . . . . . Amendment of s 311 (Offence to disclose confidential information or copy background document) . . . . . . . . . . . . . . . . . Insertion of new ch 10, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 108 108 109 109 110 110 110 111 111 112 113 114 114 114 115 115 116 116 117 117 117 119 120 120 120 2013 Act No. 64 Page 9

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents 157 Part 16 158 159 160 161 162 163 164 165 166 167 168 169 Part 17 170 171 172 173 174 Page 10 Part 8 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 463 Applications not finally decided . . . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Second-hand Dealers and Pawnbrokers Act2003 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 7 (Suitability of applicants and licensees) . . . . . Amendment of s 8 (Investigations about suitability of applicants and licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 9 (Confidentiality of criminal history) . . . . . . . . 9 Confidentiality of report or information provided by commissioner of police service . . . . . . . . . . . . . . . . . Amendment of s 12 (Decision on application for a licence) . . . . . Amendment of s 15 (Decision on application for renewal or restoration of a licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 19 (Grounds for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence) Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20A Immediate cancellation and return of licence . . . . . . . Amendment of s 21 (Return of licence) . . . . . . . . . . . . . . . . . . . . Insertion of new ss 107A and 107B . . . . . . . . . . . . . . . . . . . . . . . 107A Confidentiality of criminal intelligence . . . . . . . . . . . . 107B Application of Judicial Review Act 1991 . . . . . . . . . . . Insertion of new pt 9, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 139 Applications not finally decided . . . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Security Providers Act 1993 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 11 (Entitlement to licences—individuals) . . . . . Amendment of s 12 (Inquiries about person’s appropriateness to hold licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 12AA (Costs of criminal history report) . . . . . . . Amendment of s 12C (Use of information obtained under s 12, 12A or 12B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 121 122 122 122 123 123 124 124 124 125 125 126 126 126 128 128 129 129 130 130 130 131 131 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents 175 176 177 178 179 180 181 182 Part 18 183 184 Part 19 185 186 187 Part 20 188 189 190 191 192 193 194 Amendment of s 13 (Entitlement to licences—corporations or firms) ........................................ Amendment of s 14 (Decision on application) . . . . . . . . . . . . . . . Amendment of s 21 (Grounds for suspension, cancellation or refusal to renew). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 22 (Procedure for suspension, cancellation or refusal to renew). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 23A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23A Cancellation of licence—identified participant in criminal organisation . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 26A and 26B . . . . . . . . . . . . . . . . . . . . . . . . . 26A Confidentiality of criminal intelligence in proceedings 26B Application of Judicial Review Act 1991 . . . . . . . . . . . Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 9 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 68 Applications not finally decided . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Supreme Court of Queensland Act 1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 80 (Use of video link facilities in proceedings) . Amendment of Tattoo Parlours Act 2013 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 57 (Confidentiality of criminal intelligence) . . . 57 Confidentiality of criminal intelligence in proceedings Amendment of s 58 (Application of Judicial Review Act 1991). . . Amendment of Tow Truck Act 1973 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4C (Who is an appropriate person) . . . . . . . . . . Amendment of s 6 (Application for licence) . . . . . . . . . . . . . . . . . Amendment of s 9 (Renewal of licence). . . . . . . . . . . . . . . . . . . . Amendment of s 19H (Restricted written release of information). Amendment of pt 4, div 2, hdg (Cancellation and suspension of authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 4, div 2, sdiv 1 and sdiv 2, hdg. . . . . . . . . . . . Subdivision 1 Immediate cancellation 132 132 132 133 134 134 135 135 137 137 138 138 139 139 140 140 140 141 142 142 143 143 143 143 143 2013 Act No. 64 Page 11

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents 21AA Immediate cancellation—identified participant or criminal organisation . . . . . . . . . . . . . . . . . . . . . . . . . 144 195 Amendment of s 21A (Cancellation or suspension of authorities) 144 196 Amendment of s 21B (Immediate suspension of authority) . . . . . 145 197 Amendment of s 21D (Amending, suspending or cancelling authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 198 Insertion of new pt 4, div 2, sdiv 3, hdg . . . . . . . . . . . . . . . . . . . . 146 199 Amendment of s 21G (Delivery of cancelled or suspended authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 200 Replacement of pt 6, hdg (Review of decisions) . . . . . . . . . . . . . 147 201 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 27A Requirement to give QCAT information notice for particular decisions mentioned in sch 1 . . . . . . . . . . . 147 202 Amendment of s 28 (Internal review of decisions) . . . . . . . . . . . . 148 203 Replacement of s 29 (External review of decisions). . . . . . . . . . . 148 29 Review of decisions by QCAT. . . . . . . . . . . . . . . . . . . 149 Division 2 Confidentiality and application of Judicial Review Act 1991 30 Confidentiality of criminal intelligence in proceedings 149 31 Application of Judicial Review Act 1991 . . . . . . . . . . . 152 204 Amendment of s 36 (Chief executive may obtain information from the commissioner of the police service) . . . . . . . . . . . . . . . . 152 205 Amendment of s 36A (Notice of change in police information about a person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 206 Insertion of new s 36AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 36AA Requesting and using police commissioner’s advice—identified participants and criminal organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 207 Amendment of s 36B (Chief executive may enter into arrangement about giving and receiving information with commissioner of the police service) . . . . . . . . . . . . . . . . . . . . . . . 155 208 Insertion of new pt 8, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 156 209 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Division 2 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 45 Applications not finally decided . . . . . . . . . . . . . . . . . 156 210 Amendment of sch 1, hdg (Reviewable decisions). . . . . . . . . . . . 157 211 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 157 Page 12 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents Part 21 212 213 214 Part 22 215 216 Part 23 217 218 219 220 221 222 223 224 225 226 227 228 229 Amendment of Transport Planning and Coordination Act1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 36I to 36M . . . . . . . . . . . . . . . . . . . . . . . . . . . 36I Giving information to approved agencies to enable use of information for particular purposes . . . . . . . . . 36J Use of information permitted despite other provisions 36K Misuse of particular information given . . . . . . . . . . . . 36L Extra-territorial application of offence provision . . . . . 36M Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Transport Planning and CoordinationRegulation 2005 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 5 Prescribed approved agencies 10 Approved agency—Act, s 3 . . . . . . . . . . . . . . . . . . . . Amendment of Weapons Act 1990 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 10 (Limitations on issue of licence) . . . . . . . . . . Amendment of s 10B (Fit and proper person—licensees) . . . . . . Amendment of s 10C (Fit and proper person—licensed dealer’s associate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 14 (Inquiries into application) . . . . . . . . . . . . . . Amendment of s 18 (Renewal of licences) . . . . . . . . . . . . . . . . . . Amendment of s 19 (Notice of rejection of application to issue or renew licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 30 (Suspension or revocation notice) . . . . . . . . Amendment of s 142 (Right to apply for review of decisions). . . . Amendment of s 142AA (Notices must be QCAT information notices) ........................................ Insertion of new ss 143 and 144 . . . . . . . . . . . . . . . . . . . . . . . . . 143 Additional confidentiality requirements for particular criminal intelligence in proceedings . . . . . . . . . . . . . . 144 Application of Judicial Review Act 1991 . . . . . . . . . . . Amendment of s 145 (Applicant may carry on business pending review) ......................................... Insertion of new pt 8, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 158 159 159 160 160 161 161 162 162 162 163 163 164 164 164 165 166 166 167 167 168 168 171 171 172 2013 Act No. 64 Page 13

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Contents 230 Part 24 231 232 233 Division 5 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 191 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Work Health and Safety Act 2011 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 271 (Confidentiality of information) . . . . . . . . . . Amendment of sch 3 (Regulation-making powers). . . . . . . . . . . . 172 173 173 174 174 Page 14 2013 Act No. 64

Queensland Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Act No. 64 of 2013 An Act to amend the Bail Act 1980, the Corrective Services Act 2006, the Crime and Misconduct Act 2001, the Criminal Code, the Criminal ProceedsConfiscation Act 2002, the District Court of Queensland Act 1967, the Electrical Safety Act 2002, the Evidence Act 1977, the Justices Act 1886, the Liquor Act 1992, the Penalties and Sentences Act 1992, the Police ServiceAdministration Act 1990, the Queensland Building Services Authority Act1991, the Racing Act 2002, the Second-hand Dealers and Pawnbrokers Act2003, the Security Providers Act 1993, the Supreme Court of QueenslandAct 1991, the Tattoo Parlours Act 2013, the Tow Truck Act 1973, the Transport Planning and Coordination Act 1994, the Transport Planning andCoordination Regulation 2005, the Weapons Act 1990 and the Work Healthand Safety Act 2011 for particular purposes [Assented to 27 November 2013]

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 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 (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 . 2 Commencement (1) This Act, other than the following provisions, commences on a day to be fixed by proclamation— (a) parts 2 to 7; (b) parts 9 and 10; (c) parts 12 and 13; (d) part 18; (e) parts 21 and 22. (2) However, if sections 90(3) and 96 have not commenced when the Liquor(RedTapeReduction)andOtherLegislationAmendment Act 2013 , section 37 commences, those sections and section 116(2) expire at the same time as the commencement of that provision. Part 2 Amendment of Bail Act 1980 3 Act amended This part amends the Bail Act 1980 . Page 16 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 2 Amendment of Bail Act 1980 [s 4] 4 Amendment of s 6 (Definitions) Section 6, definition court , paragraph (d), after ‘acting under section 15A’ — insert— or conducting a bail proceeding by using video link facilities or audio link facilities under the Justices Act1886 , part 6A 5 Amendment of s 8 (Power of court as to bail) Section 8(1) — insert — Note — If the court is a Magistrates Court, see also the Justices Act1886 , part 6A, for provisions about the use of video link facilities or audio link facilities for proceedings, including bail proceedings. 6 Replacement of ss 15A and 15B Sections 15A and 15B — omit, insert— 15A Conduct of proceeding by Magistrates Court outside district or division (1) This section applies if — (a) a Magistrates Court (the original court ) has jurisdiction under this Act or another Act to hear a bail proceeding; and (b) a practice direction made by the Chief Magistrate provides for a bail proceeding to be heard by an alternative court under this section. (2) The bail proceeding may be heard by the alternative court under an Act mentioned in subsection (1)(a) as if the alternative court — 2013 Act No. 64 Page 17

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 2 Amendment of Bail Act 1980 [s 7] (a) had jurisdiction to hear the bail proceeding; and (b) were the original court for the purpose of that Act. (3) In hearing the bail proceeding, the alternative court may make any order for the disposition of the charge the court considers necessary. (4) In this section — alternative court means a Magistrates Court for a district or division outside the district or division in which the bail proceeding would otherwise be required to be heard. 7 Amendment of s 16 (Refusal of bail) (1) Section 16(3A), ‘If the defendant is a’ — omit, insert— If the defendant is charged with an offence and it is alleged the defendant is, or has at any time been, a (2) Section 16(3C), from ‘matter’— omit, insert— matter— (a) whether the offence with which the defendant is charged is an indictable offence, a simple offence or a regulatory offence; or (b) whether the defendant is alleged to have been a participant in a criminal organisation when the offence was committed; or (c) that there is no link between the defendant’s alleged participation in the criminal organisation and the offence with which the defendant is charged. (3) Section 16(3D)— Page 18 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 2 Amendment of Bail Act 1980 [s 8] omit, insert— (3D) Subsection (3A) does not apply if the defendant proves that, at the time of the defendant’s alleged participation in the criminal organisation, the organisation did not have, as 1 of its purposes, the purpose of engaging in, or conspiring to engage in, criminal activity. 8 Amendment of s 27B (Warrant for apprehension of defendant if bail granted under s 15A) (1) Section 27B, heading — omit, insert— 27B Warrant for apprehension of defendant—bail granted using video link facilities or audio link facilities under Justices Act 1886, pt 6A (2) Section 27B(1) — omit, insert— (1) This section applies if — (a) a magistrate grants bail to a defendant and the proceeding is conducted using video link facilities or audio link facilities under the Justices Act 1886 , part 6A; and (b) the defendant leaves the precincts of the associated place — (i) if the defendant is required to enter into an undertaking under section 20 — without entering into the undertaking; or (ii) if there are conditions of the bail with which the defendant must comply before leaving the precincts of the associated place — without fulfilling the conditions. (3) Section 27B(3)(b), ‘(1)(a) or (b)’— 2013 Act No. 64 Page 19

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 2 Amendment of Bail Act 1980 [s 9] omit, insert— (1)(b)(i) or (ii) (4) Section 27B — insert— (4) In this section — associated place see the JusticesAct1886 , section 178B. audio link facilities see the JusticesAct1886 , section 4. precincts , of an associated place, means the part of the associated place used for the bail proceeding. video link facilities see the JusticesAct1886 , section 4. 9 Insertion of new s 42 Part 5 — insert— 42 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 (1) Sections 6 and 15A as amended or inserted by the amending Act apply to a bail proceeding heard on or after the commencement. (2) Section 16(3A) as in force on 17 October 2013 applies and is taken to have always applied to a bail application hearing on or after that date but before the commencement. (3) Section 16(3A) as in force on the commencement applies to a bail application hearing on or after the commencement. Page 20 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 3 Amendment of Corrective Services Act 2006 [s 10] (4) For subsections (1) to (3), it is irrelevant whether the act or omission constituting the offence the subject of the proceeding happened before or after— (a) for subsections (1) and (3)—the commencement; or (b) for subsection (2)—17 October 2013. (5) In this section— amending Act means the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013. commencement means the commencement of this section. Part 3 Amendment of Corrective Services Act 2006 10 Act amended This part amends the Corrective Services Act 2006 . 11 Amendment of s 12 (Prisoner security classification) Section 12— insert— (1B) Also, if the prisoner is subject to a criminal organisation segregation order, the prisoner must be classified into a security classification of— (a) high; or (b) if the chief executive decides—maximum. 2013 Act No. 64 Page 21

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 3 Amendment of Corrective Services Act 2006 [s 12] 12 Amendment of s 13 (Reviewing prisoner’s security classification) Section 13— insert— (1B) Also, the chief executive need not review the security classification of a prisoner subject to a criminal organisation segregation order, regardless of whether— (a) the prisoner’s security classification is high or maximum; or (b) a court order changes the term of the prisoner’s imprisonment. 13 Amendment of s 41 (Who may be required to give test sample) Section 41(1)— insert— (c) an offender subject to a community based order who is an identified participant in a criminal organisation. 14 Insertion of new ch 2, pt 2, div 6A Chapter 2, part 2— insert— Division 6A Criminal organisation segregation orders Page 22 65A Making criminal organisation segregation order (1) The chief executive must make an order (a criminal organisation segregation order or COSO ) for a prisoner if the commissioner 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 3 Amendment of Corrective Services Act 2006 [s 14] advises the chief executive under section 344AA that the prisoner is an identified participant in a criminal organisation. Note — See also sections 350A and 350B. (2) The COSO remains in effect for the period of the prisoner’s imprisonment. (3) However, the chief executive must cancel the COSO if the commissioner gives the chief executive information under section 344AA that the prisoner is no longer an identified participant in a criminal organisation. 65B Directions in COSOs A COSO may include directions about the extent to which— (a) the prisoner is to be segregated from other prisoners; and (b) the prisoner is to receive privileges; and (c) the chief executive may restrict privileges. 65C Medical examination A doctor must examine a prisoner subject to a COSO— (a) as soon as practicable after the COSO takes effect; and (b) subsequently, at intervals that are, to the greatest practicable extent, of not more than 28 days; and (c) if the COSO is cancelled—as soon as practicable after the COSO ceases to have effect. 2013 Act No. 64 Page 23

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 3 Amendment of Corrective Services Act 2006 [s 15] 65D Record (1) The chief executive must record, for each corrective services facility, the details of each prisoner who is or was subject to a COSO. (2) The details for a prisoner must include each of the following— (a) the prisoner’s name, identification number and age; (b) the date on which the COSO was made; (c) if the COSO was cancelled—the date on which it was cancelled; (d) the dates on which the prisoner was examined under section 65C. (3) The chief executive must, for each prisoner who is or was subject to a COSO, also keep a copy of any advice given to the chief executive that the prisoner is, or is not, an identified participant in a criminal organisation. 15 Amendment of s 71 (Reconsidering decision) (1) Section 71(5)— renumber as section 71(6). (2) Section 71— insert— (5) This section does not apply if the prisoner is subject to a criminal organisation segregation order. 16 Insertion of new s 267A After section 267— insert— Page 24 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 3 Amendment of Corrective Services Act 2006 [s 16] 267A Directions to identified participant in criminal organisation (1) This section applies to an offender who is— (a) an identified participant in a criminal organisation; and (b) subject to a parole order or community based order (the relevant order ). (2) The purpose of this section is to enable— (a) the movements in the community of the offender to be restricted; and (b) the location of the offender in the community to be monitored. (3) The chief executive may order a corrective services officer to give any or all of the following directions to the offender— (a) a direction to remain at a stated place for a stated period; (b) a direction to wear a stated device for monitoring the offender’s location; (c) a direction to permit the installation of any device or equipment at the place where the offender resides. Note — See also sections 350A and 350B. (4) A corrective services officer may give ancillary directions to an offender that are reasonable and necessary for the proper administration of a direction given under subsection (3). (5) A direction under this section— (a) may be given in writing or orally, and may apply generally or be limited in its application; and 2013 Act No. 64 Page 25

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 3 Amendment of Corrective Services Act 2006 [s 17] (b) must not be inconsistent with a requirement of the relevant order. (6) Subsection (7) applies if— (a) the chief executive gives a corrective services officer an order under subsection (3); and (b) the commissioner advises the chief executive under section 344AA that the offender is no longer an identified participant in a criminal organisation. (7) The chief executive must order a corrective services officer to tell the offender that any direction given to the offender under subsection (3) is no longer in place. 17 Insertion of new s 344AA Chapter 6, part 13— insert— 344AA Commissioner may provide information about particular offender’s participation in criminal organisation (1) The chief executive may ask the commissioner whether an offender is an identified participant in a criminal organisation. (2) The commissioner must give the chief executive the requested advice. (3) The chief executive may use the requested advice only for managing the offender in a corrective services facility or supervising the offender in the community, including— (a) making a criminal organisation segregation order for the offender; and (b) if the offender is subject to a parole order or community based order— Page 26 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 3 Amendment of Corrective Services Act 2006 [s 18] (i) deciding whether to order a corrective services officer to give the offender a direction under section 267A; or (ii) requiring the offender to give a test sample under section 41. (4) Subsections (5) and (6) apply if the commissioner advises the chief executive that the offender is identified as an identified participant in a criminal organisation. (5) The chief executive must ask the commissioner for information about whether the offender is still an identified participant in a criminal organisation— (a) if the chief executive reasonably believes the offender may no longer be a participant in a criminal organisation—as soon as practicable after forming the belief; or Example of when the chief executive may reasonably believe the offender is no longer a participant in a criminal organisation — the offender gives the chief executive evidence that the offender is not a participant in a criminal organisation (b) in any case—at intervals of not more than 6 months after the commissioner gives the advice under subsection (2). (6) The commissioner must give the chief executive the advice requested under subsection (5). 18 Insertion of new ss 350A and 350B After section 350— insert— 2013 Act No. 64 Page 27

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 3 Amendment of Corrective Services Act 2006 [s 18] Page 28 350A Confidentiality of criminal intelligence in proceedings (1) This section applies if— (a) a person seeks a review of a decision of the chief executive to make a COSO or an order under section 267A(3); and (b) the decision was made as a result of advice given by the commissioner that the person is an identified participant in a criminal organisation. (2) For a proceeding about the decision in the Supreme Court— (a) the commissioner is a party to the proceedings; and (b) the commissioner must give the Supreme Court a statement of reasons about the identification of the person by the commissioner as an identified participant in a criminal organisation. (3) For a proceeding mentioned in subsection (2), the Supreme Court may— (a) review the identification by the commissioner of the person as an identified participant in a criminal organisation; and (b) as it considers appropriate to protect the confidentiality of criminal intelligence— (i) receive evidence and hear argument about the criminal intelligence in the absence of parties to the proceeding and their representatives; and (ii) take evidence consisting of criminal intelligence by way of affidavit of a police officer of at least the rank of superintendent. 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 3 Amendment of Corrective Services Act 2006 [s 18] (4) If the Supreme Court considers information has been incorrectly categorised by the commissioner as criminal intelligence, the commissioner may withdraw the information from consideration by the court. (5) Information that is withdrawn under subsection (4) by the commissioner must not be— (a) disclosed to any person; or (b) taken into consideration by the Supreme Court. (6) In this section— criminal intelligence means— (a) advice given by the commissioner to the chief executive under section 344AA that a person is a participant in a criminal organisation; and (b) information held by the commissioner that is relevant to whether the person is an identified participant in a criminal organisation. 350B Application of Judicial Review Act 1991 (1) The Judicial Review Act 1991 , part 4 does not apply to a decision of the chief executive mentioned in section 350A(1). (2) Subject to this division, unless the Supreme Court decides that a decision of the chief executive mentioned in section 350A(1) is affected by jurisdictional error, the decision— (a) is final and conclusive; and (b) can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the JudicialReviewAct1991 or otherwise (whether by 2013 Act No. 64 Page 29

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 3 Amendment of Corrective Services Act 2006 [s 19] the Supreme Court, another court, a tribunal or another entity); and (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground. (3) The Judicial Review Act 1991 , part 5 applies to a decision mentioned in subsection (2) to the extent it is affected by jurisdictional error. 19 Amendment of sch 4 (Dictionary) Schedule 4— insert— COSO see section 65A. criminal organisation has the meaning given under the Criminal Code, section 1. criminal organisation segregation order see section 65A. identified participant , in a criminal organisation, means a person who is identified by the commissioner as a participant in the criminal organisation. participant , in a criminal organisation, means a participant in the organisation within the meaning of the Criminal Code, section 60A(3). Page 30 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 20] Part 4 Amendment of Crime and Misconduct Act 2001 20 Act amended This part amends the Crime and Misconduct Act 2001 . 21 Replacement of s 8 (Crime Reference Committee) Section 8— omit, insert — 8 Crime Reference Committee The Crime Reference Committee— (a) has responsibility for— (i) referring major crime to the commission for investigation; and (ii) authorising the commission to undertake specific intelligence operations; and (b) has a coordinating role for investigations into major crime conducted by the commission in cooperation with any other law enforcement agency. 22 Amendment of s 53 (Intelligence functions) Section 53, after ‘following functions’— insert — (its intelligence functions ) 23 Amendment of ch 3, pt 1, div 1, sdiv 1, hdg (Crime investigations) Chapter 3, part 1, division 1, subdivision 1, heading, after ‘investigations’— 2013 Act No. 64 Page 31

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 24] insert — and specific intelligence operations (crime) 24 Amendment of s 72 (Power to require information or documents) (1) Section 72(1), (2) and (3)(b)(ii), after ‘investigation’— insert — or specific intelligence operation (crime) (2) Section 72(7)(a) and (b)— renumber as section 72(7)(b) and (c). (3) Section 72(7)— insert — (a) state whether it relates to a crime investigation or a specific intelligence operation (crime); and 25 Amendment of ch 3, pt 1, div 2, sdiv 1, hdg (Crime investigations and witness protection function) Chapter 3, part 1, division 2, subdivision 1, heading, after ‘investigations’— insert — , specific intelligence operations (crime) 26 Amendment of s 74 (Notice to produce for crime investigation or witness protection function) (1) Section 74, heading, after ‘investigation’— insert — , specific intelligence operation (crime) (2) Section 74(1)(b)— renumber as section 74(1)(c). Page 32 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 26] (3) Section 74(1)— insert — (b) a specific intelligence operation (crime); (4) Section 74(2), after ‘investigation’— insert — , a specific intelligence operation (crime) (5) Section 74(2A)(b)— renumber as section 74(2A)(c). (6) Section 74(2A)— insert — (b) a specific intelligence operation (crime); or (7) Section 74(3), after ‘crime investigation’— insert — or specific intelligence operation (crime) (8) Section 74(3), after ‘the investigation’— insert — or operation (9) Section 74(4)(b)— renumber as section 74(4)(c). (10) Section 74(4)— insert — (b) for a notice given in the context of a specific intelligence operation (crime), delay in the production of the document may result in— (i) its destruction, removal or concealment; or (ii) serious prejudice to the conduct of the operation; or 2013 Act No. 64 Page 33

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 27] (iii) the loss of an opportunity to obtain timely intelligence— (A) in advance of a significant event; or (B) that may help prevent a risk to public safety; or (11) Section 74— insert — (5A) A prescribed person’s fear, whether genuinely held or not, of— (a) personal physical harm or damage to the person’s property; or (b) physical harm to someone else, or damage to the property of someone else, with whom the person has a connection or bond; is not a reasonable excuse to fail to comply with a notice to produce given for a crime investigation or a specific intelligence operation (crime) that relates to a criminal organisation or a participant in a criminal organisation. (12) Section 74— insert — (9) In this section— prescribed person means a person who is a participant in a criminal organisation. 27 Amendment of ch 3, pt 1, div 2, sdiv 2, hdg (Misconduct investigations) Chapter 3, part 1, division 2, subdivision 2, heading, after ‘investigations’— insert — and specific intelligence operations (misconduct) Page 34 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 28] 28 Amendment of s 75 (Notice to discover information) (1) Section 75(1)(a), after ‘investigation’— insert — or a specific intelligence operation (misconduct) (2) Section 75(1)(b) and (2), after ‘investigation’— insert — or operation (3) Section 75(7)(a) and (b)— renumber as section 75(7)(b) and (c). (4) Section 75(7)— insert — (a) state whether it relates to a misconduct investigation or a specific intelligence operation (misconduct); and 29 Amendment of ch 3, pt 1, div 3, sdiv 1, hdg (Crime investigations) Chapter 3, part 1, division 3, subdivision 1, heading, after ‘investigations’— insert — and specific intelligence operations (crime) 30 Amendment of ch 3, pt 1, div 3, sdiv 2, hdg (Misconduct investigations) Chapter 3, part 1, division 3, subdivision 2, heading, after ‘investigations’— insert — and specific intelligence operations (misconduct) 2013 Act No. 64 Page 35

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 31] 31 Amendment of s 82 (Notice to attend hearing—general) Section 82(5), penalty— omit, insert — Maximum penalty—200 penalty units or 5 years imprisonment. 32 Amendment of s 183 (Refusal to take oath) Section 183, penalty— omit, insert — Maximum penalty—200 penalty units or 5 years imprisonment. 33 Amendment of s 185 (Refusal to produce—claim of reasonable excuse) (1) Section 185(1) and (6), penalty— omit, insert — Maximum penalty—200 penalty units or 5 years imprisonment. (2) Section 185(1) and (3A), ‘requirement made under section 75B’— omit, insert — section 75B requirement 34 Amendment of s 188 (Refusal to produce—claim of reasonable excuse) (1) Section 188(1)(c), ‘requirement under section 75B’— omit, insert — section 75B requirement (2) Section 188(2), penalty— omit, insert — Page 36 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 35] Maximum penalty—200 penalty units or 5 years imprisonment. 35 Amendment of s 190 (Refusal to answer question) Section 190(1) and (3), penalty— omit, insert — Maximum penalty—200 penalty units or 5 years imprisonment. 36 Amendment of s 192 (Refusal to answer question) (1) Section 192(1), penalty— omit, insert — Maximum penalty—200 penalty units or 5 years imprisonment. (2) Section 192(3), penalty— omit, insert — Maximum penalty for subsection (3)—200 penalty units or 5 years imprisonment. 37 Amendment of s 195 (Appeals to Supreme Court) (1) Section 195(9)— insert — Note — See also section 200A in relation to the confidentiality of proceedings under this section. (2) Section 195— insert — (10) However, the court may permit a person to be present at a hearing for the application for leave to appeal, or appeal, in the interests of justice. 2013 Act No. 64 Page 37

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 38] 38 Amendment of s 197 (Restriction on use of privileged answers, documents, things or statements disclosed or produced under compulsion) Section 197(3)(c), after ‘Act’— insert— and the answer, document, thing or statement is admissible under section 265 of that Act 39 Amendment of s 198 (Contempt of person conducting commission hearing) Section 198(4)(b), ‘requirement made under section 75B’— omit, insert — section 75B requirement 40 Amendment of s 199 (Punishment of contempt) (1) Section 199(8A)(a)(ii), ‘requirement made under section 75B’— omit, insert — section 75B requirement (2) Section 199— insert — (9A) The court’s hearing under this section is closed to the public. Note — See also section 200A in relation to the confidentiality of proceedings under this section. (9B) However, the court may permit a person to be present at the hearing in the interests of justice. 41 Insertion of new s 200A Chapter 4, part 4, before section 201— Page 38 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 41] insert — 200A Confidentiality of particular proceedings (1) This section applies to the following (each the proceeding )— (a) an application for leave to appeal, or an appeal, under section 195; (b) a proceeding for contempt under section 199; (c) an appeal against a decision in a proceeding mentioned in paragraph (a) or (b). (2) The proceeding, or a hearing in the proceeding, must not be mentioned on a published court list. Example of published court list — daily law list (3) If a party to the proceeding files an application or supporting material for the proceeding, the application or material must be accompanied by a notice to the registrar stating the application or material— (a) is filed for a proceeding mentioned in subsection (1); and (b) is a document to which subsections (4) to (6) apply. (4) No record of proceedings is to be available for access by any person, unless the court has, on application by a person, given approval for the access. (5) A person is not entitled to search information in the custody of a court in relation to the proceeding, unless the court otherwise orders in the interests of justice. (6) Subsections (4) and (5) do not apply in relation to a party to the proceeding or a lawyer representing a party to the proceeding. 2013 Act No. 64 Page 39

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 42] (7) Nothing in this section prevents the publication of reasons for a decision in the proceeding if the publication does not identify— (a) a person; or (b) information that may prejudice— (i) an investigation being conducted by the commission; or (ii) a specific intelligence operation being undertaken by the commission; or (iii) the performance of another function of the commission. (8) In this section— record of proceedings includes— (a) a transcript of the proceeding (whether written or otherwise); and (b) documents in the court file for the proceeding; and (c) an appeal book in relation to the proceeding. 42 Insertion of new s 237A After section 237— insert — 237A Acting part-time commissioners (1) The Governor in Council may appoint a person qualified for appointment as a part-time commissioner to act as a part-time commissioner— (a) during a vacancy in the office of a part-time commissioner; or (b) during any period, or all periods, when a part-time commissioner is absent from duty Page 40 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 43] or from the State or, for another reason, can not perform the duties of the office. (2) Sections 227 and 228 do not apply to the appointment of a person to act as a part-time commissioner. 43 Amendment of s 277 (Reference committee may obtain information from commission) Section 277(3)(a), ‘under the authorisation; and’— omit. 44 Amendment of s 331 (Effect of pending proceedings) (1) Section 331(2)— omit, insert — (2) If the proceeding is a proceeding for an indictable offence and is conducted by or for the State, the commission must, if failure to do so might prejudice the accused’s right to a fair trial, do 1 or more of the following— (a) conduct any hearing relating to an investigation as a closed hearing during the currency of the proceeding; (b) give a direction under section 202 to have effect during the currency of the proceeding; (c) make an order under section 180(3). (2) Section 331(3)— omit. (3) Section 331(4)— renumber as section 331(3) . (4) Section 331— insert — 2013 Act No. 64 Page 41

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 45] (4) To remove any doubt, it is declared that— (a) a proceeding for a criminal offence is in or before a court from the moment the charge is laid for the offence; and (b) under subsection (1), the commission may, for the investigation or hearing, require a person or witness to answer a question, or produce a document or thing, that is relevant to a proceeding brought against the person or witness for a criminal offence. Example for paragraph (b) — The commission may require a person to attend a commission hearing to answer a question about a matter relating to a criminal offence for which the person has been charged. 45 Insertion of new ch 8, pt 10 Chapter 8— insert — Part 10 Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 Page 42 395 Use of privileged answers, documents, things or statements in proceedings under Confiscation Act (1) Section 197(3)(c) as in force on and from 17 October 2013— (a) applies, and is taken to have always applied, only to an answer, document, thing or statement given or produced on or after that day; and 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 46] (b) authorises the use of an answer, document, thing or statement only in a proceeding under the Confiscation Act started on or after that day; and (c) applies, and is taken to have always applied, as if the provision as amended by the amending Act, and section 265 of the Confiscation Act as inserted by the amending Act, were in force from the beginning of that day. Note — 17 October 2013 is the day section 197(3)(c) was inserted into this Act by the Criminal Law (CriminalOrganisationsDisruption)AmendmentAct2013 , section 27. (2) For subsection (1), section 265 of the Confiscation Act as inserted by the amending Act applies, and is taken to have always applied, in relation to an answer, document, thing or statement mentioned in subsection (1)(a) and a proceeding mentioned in subsection (1)(b). (3) In this section— amending Act means the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 . 46 Amendment of sch 2 (Dictionary) (1) Schedule 2— insert — intelligence functions see section 53. section 75B requirement means a requirement under section 75B. specific intelligence operation (crime) means a specific intelligence operation authorised in 2013 Act No. 64 Page 43

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 5 Amendment of Criminal Code [s 47] relation to a matter mentioned in section 55A(1)(a). specific intelligence operation (misconduct) means a specific intelligence operation authorised in relation to a matter mentioned in section 55A(1)(b). (2) Schedule 2, definition notice to produce , paragraph (a), after ‘investigation’— insert — , a specific intelligence operation (crime) (3) Schedule 2, definition participant — insert — (f) a person who has been a person mentioned in paragraph (a), (b), (c), (d) or (e) at any time within the preceding 2 years; Part 5 Amendment of Criminal Code 47 Act amended This part amends the Criminal Code. 48 Amendment of s 1 (Definitions) Section 1, definition criminal organisation , paragraph (b), after ‘;’— insert — or Page 44 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 5 Amendment of Criminal Code [s 49] 49 Amendment of s 597C (Accused person to be called on to plead to indictment) (1) Section 597C(4), from ‘the prosecutor’ to ‘use of the link’— omit, insert— the court considers use of the link is in the interests of justice (2) Section 597C— insert— (4A) However, the court may not allow the use of an audiovisual link or audio link under subsection (4) if facilities mentioned in subsection (5A)(a) are not available at the court or the place where the accused person is present. (4B) For subsection (4), in deciding whether use of an audio link is in the interests of justice, the court must have regard to the desirability of an accused person’s arraignment being done over an audiovisual link, rather than an audio link, if an audiovisual link is available. (3) Section 597C— insert— (5A) If an accused person’s arraignment is done over an audiovisual link or audio link and the person’s representative in the proceeding is at the place where the court is sitting— (a) the court and the place where the person is present must make facilities available for private communication between the person and the person’s representative; and (b) a communication between the person and the person’s representative is as confidential and inadmissible in any proceeding as it would be if it took place between the person 2013 Act No. 64 Page 45

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 5 Amendment of Criminal Code [s 50] and the person’s representative while in each other’s presence. (5B) Subsection (5A)(b) does not limit any other protection applying to the communication. 50 Insertion of new ch 92 After chapter 91 — insert— Chapter 92 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 731 Application of amended s 597C Section 597C as amended by the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 applies to the arraignment of an accused person in a proceeding for an offence, whether the proceeding was started before, on or after the commencement of this section. Page 46 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 6 Amendment of Criminal Proceeds Confiscation Act 2002 [s 51] Part 6 Amendment of Criminal Proceeds Confiscation Act 2002 51 Act amended This part amends the CriminalProceedsConfiscationAct2002 . 52 Amendment and renumbering of s 265 (Evidentiary provision) Section 265, heading— omit, insert — 266 Other evidentiary matters 53 Insertion of new s 265 Chapter 11, before section 266 as renumbered— insert — 265 Admissibility of evidence obtained under Crime and Misconduct Act 2001 (1) An answer, document, thing or statement mentioned in the CrimeandMisconductAct2001 , section 197(1) is admissible as evidence in a proceeding, other than a proceeding for the prosecution of an offence, under this Act only with the court’s leave. Note — See the Crime and Misconduct Act 2001 , section 395(2) in relation to the answers, documents, things and statements, and proceedings, to which this section applies. (2) The court may give the leave unless the court considers the unfairness to the respondent in a criminal proceeding that may be caused by 2013 Act No. 64 Page 47

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 7 Amendment of District Court of Queensland Act 1967 [s 54] admitting the evidence outweighs its probative value in the proceeding under this Act. (3) In deciding whether admitting the evidence may cause unfairness to the respondent in a criminal proceeding, the court must consider— (a) whether the use of the evidence in the proceeding under this Act may prejudice a fair trial of the respondent for an offence for which the respondent has been, or may be, charged; and (b) whether there is any action it can take to prevent or limit the unfairness to the respondent. Examples of action court may take — • holding the proceeding, or a part of it, in private • making an order prohibiting or restricting the publication of all or part of the records of the proceeding, or the whole or part of the judgment in the proceeding (4) Subsection (3) does not limit the matters the court may consider in deciding whether admitting the evidence may cause unfairness to the respondent. Part 7 Amendment of District Court of Queensland Act 1967 54 Act amended This part amends the District Court of Queensland Act 1967 . Page 48 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 8 Amendment of Electrical Safety Act 2002 [s 55] 55 Amendment of s 110C (Use of video link facilities in proceedings) (1) Section 110C(1)— insert— (ba) the proceeding is not a proceeding for the sentencing of the detainee; and Note — See the Penalties and Sentences Act 1992 , section 15A in relation to the use of audiovisual link or audio link facilities for a sentencing proceeding. (2) Section 110C(1)(ba) and (c) — renumber as section 110C(1)(c) and (d). Part 8 Amendment of Electrical Safety Act 2002 56 Act amended This part amends the Electrical Safety Act 2002 . 57 Amendment of s 59 (Application for issue of electrical licence) (1) Section 59(3), ‘The regulator’— omit , insert — Subject to subsection (5), the regulator (2) Section 59— insert — (5) Subject to section 63A, the regulator must refuse to issue the electrical licence if the regulator is satisfied the person is a prohibited person. 2013 Act No. 64 Page 49

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 8 Amendment of Electrical Safety Act 2002 [s 58] Note — See section 65A for when a person is a prohibited person. 58 Amendment of s 60 (Application for renewal of electrical licence) (1) Section 60(3), ‘The regulator’— omit , insert — Subject to subsection (4A), the regulator (2) Section 60— insert — (4A) Subject to section 63A, the regulator must refuse to renew the electrical licence if the regulator is satisfied the holder is a prohibited person. Note — See section 65A for when a person is a prohibited person. 59 Amendment of s 61 (Application for reinstatement of electrical licence) (1) Section 61(3), ‘The regulator’— omit , insert — Subject to subsection (4A), the regulator (2) Section 61— insert — (4A) Subject to section 63A, the regulator must refuse to reinstate the electrical licence if the regulator is satisfied the person is a prohibited person. Note — See section 65A for when a person is a prohibited person. Page 50 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 8 Amendment of Electrical Safety Act 2002 [s 60] 60 Insertion of new s 63A After section 63— insert — 63A Procedure for refusing to issue, renew or reinstate electrical licence of body corporate or partnership (1) This section applies if— (a) a body corporate or a partnership applies to the regulator for the issue, renewal or reinstatement of an electrical licence; and (b) the regulator is satisfied the applicant is a prohibited person because— (i) if the applicant is a body corporate—an officer of the body corporate is an identified participant in a criminal organisation; or (ii) if the applicant is a partnership—a partner in the partnership is an identified participant in a criminal organisation. (2) Before refusing the application under section 59(5), 60(4A) or 61(4A) (the refusal decision ), the regulator must give the applicant a written notice stating— (a) the regulator is satisfied the applicant is a prohibited person because the officer or partner is an identified participant in a criminal organisation; and (b) the name of the officer or partner; and (c) the regulator must make the refusal decision unless the officer or partner— (i) is removed from all positions of authority in the applicant; and 2013 Act No. 64 Page 51

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 8 Amendment of Electrical Safety Act 2002 [s 61] (ii) is not in a position to control or influence the applicant’s conduct of its business; and (d) the applicant may make, within a stated period of not more than 28 days after the giving of the notice, written representations to the regulator in support of the matters mentioned in paragraph (c)(i) and (ii). (3) If no representations are made within the stated period— (a) the application is taken to have been withdrawn; and (b) the regulator must give the applicant a written notice stating that, under this section, the application is taken to have been withdrawn. (4) If, after considering all written representations made within the stated period, the regulator is still satisfied the applicant is a prohibited person, the regulator must make the refusal decision. 61 Amendment of s 64 (Regulator to give reasons for refusal of application or for conditions) Section 64— insert — (3) The Acts Interpretation Act 1954 , section 27B, does not apply to the information notice mentioned in subsection (1) to the extent to which the decision is the result of advice given by the Commissioner to the regulator under section 65B. 62 Insertion of new pt 4, div 3A Part 4— Page 52 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 8 Amendment of Electrical Safety Act 2002 [s 62] insert — Division 3A Prohibited persons 65A When person prohibited from holding electrical licence (1) A person is prohibited from holding an electrical licence if— (a) for an individual—the person is an identified participant in a criminal organisation; or (b) for a body corporate or a partnership— (i) the body corporate or partnership is a criminal organisation; or (ii) an officer of the body corporate, or a partner in the partnership, is an identified participant in a criminal organisation. (2) A person who is prohibited under subsection (1) from holding an electrical licence is called a prohibited person . 65B Requesting and using information from Commissioner—identified participants and criminal organisations (1) If an application for the issue, renewal or reinstatement of an electrical licence is made, the regulator must ask the Commissioner for information about whether a person is— (a) an identified participant in a criminal organisation; or (b) a criminal organisation. (2) Also, for the purposes of administering this Act, the regulator may ask the Commissioner for 2013 Act No. 64 Page 53

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 8 Amendment of Electrical Safety Act 2002 [s 63] information about whether a holder of an electrical licence is— (a) an identified participant in a criminal organisation; or (b) a criminal organisation. (3) The Commissioner must comply with the regulator’s request. (4) The regulator may use the advice given by the Commissioner only for deciding whether a person is a prohibited person. 63 Amendment of s 88 (Functions of licensing committee) (1) Section 88— insert — (2A) Subsection (2)(f) does not apply to a decision of the regulator under section 59(5), 60(4A), 61(4A) or 63A(4) or part 9A. (2) Section 88(2A) and (3)— renumber as section 88(3) and (4). 64 Amendment of s 107 (Licensed electrical contractor) Section 107(1)(n), ‘executive’— omit . 65 Insertion of new s 107A Part 9, division 1— insert — 107A Becoming a prohibited person not a ground for disciplinary action To remove any doubt, it is declared that the holder of an electrical licence becoming a prohibited person is Page 54 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 20 Amendment of Tow Truck Act 1973 [s 210] 210 Amendment of sch 1, hdg (Reviewable decisions) Schedule 1, heading, ‘section 28’— omit, insert — sections 27A, 28, 29 and 30 211 Amendment of sch 2 (Dictionary) (1) Schedule 2— insert— criminal organisation means— (a) for the definition identified participant —a criminal organisation under the CriminalCode, section 1; or (b) otherwise—an organisation identified by the police commissioner as a criminal organisation within the meaning of the Criminal Code, section 1. identified participant , in a criminal organisation, means a person who is identified by the police commissioner as a participant in the organisation within the meaning of the Criminal Code, section 60A(3). police commissioner means the commissioner of the police service. QCAT information notice means a notice complying with the QCAT Act, section 157(2). (2) Schedule 2, definition approved form , ‘see’— omit, insert— means a form approved under 2013 Act No. 64 Page 157

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 21 Amendment of Transport Planning and Coordination Act 1994 [s 212] Part 21 Amendment of Transport Planning and Coordination Act 1994 212 Act amended This part amends the TransportPlanningandCoordinationAct 1994 . 213 Amendment of s 3 (Definitions) Section 3— insert — approved agency means an entity that is— (a) established under a law of the Commonwealth or a State; and (b) prescribed under a regulation as an approved agency for this paragraph. law enforcement purpose , in relation to the use of information by a member of an approved agency, means a purpose— (a) for which the agency is authorised to use the information under a law of the Commonwealth or a State; or (b) consistent with the agency’s functions under a law of the Commonwealth or a State. member , of an approved agency, includes a person employed or engaged by the agency. MoU means an agreement between the chief executive and the chief executive officer of an approved agency that generally describes the basis on which the chief executive will give information to the chief executive officer of the approved agency. Page 158 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 21 Amendment of Transport Planning and Coordination Act 1994 [s 214] transport information database means a register or record kept or obtained under a transport Act. use , in relation to information, includes the following— (a) disclose; (b) give; (c) give access to; (d) make available; (e) publish; (f) record. 214 Insertion of new ss 36I to 36M Part 6— insert— 36I Giving information to approved agencies to enable use of information for particular purposes (1) The chief executive may, in accordance with an MoU, give the chief executive officer of an approved agency all or any information in a transport information database to enable the approved agency to use the information for a law enforcement purpose. (2) Without limiting subsection (1), the chief executive may give the information to the chief executive officer of the approved agency by allowing an authorised member of the approved agency to have direct access to the transport information database. (3) The chief executive may give the information to the chief executive officer of an approved agency under subsection (1) on the conditions the chief executive considers appropriate. 2013 Act No. 64 Page 159

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 21 Amendment of Transport Planning and Coordination Act 1994 [s 214] (4) This section applies despite any other Act. (5) In this section— authorised member , of an approved agency, means a member, or a member of a class of members, of the approved agency authorised in writing by the chief executive to have direct access to a transport information database. 36J Use of information permitted despite other provisions (1) This section applies if information is given, under section 36I, by the chief executive to the chief executive officer of an approved agency. (2) Despite any other Act, the approved agency may use the information for a law enforcement purpose. 36K Misuse of particular information given (1) This section applies to a member of an approved agency who has information because it has been given, under section 36I, by the chief executive to the chief executive officer of the agency. (2) The member must not use the information— (a) for a purpose other than a law enforcement purpose; or (b) in contravention of— (i) a condition, if any, imposed by the commissioner under section 36I(3); or (ii) the terms of the MoU about the information. Maximum penalty for subsection (2)—100 penalty units. Page 160 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 21 Amendment of Transport Planning and Coordination Act 1994 [s 214] 36L Extra-territorial application of offence provision A person commits an offence against section 36K(2) if— (a) the person is a member of an approved agency who, outside the State, uses information given, under section 36I, by the chief executive to the chief executive officer of the agency; and (b) the use of the information would constitute an offence against section 36K(2) if it were used by the person within the State. 36M Protection from liability (1) This section applies if a person, acting honestly and without negligence, gives information under section 36I. (2) The person is not liable, civilly, criminally or under an administrative process, for giving the information. (3) If subsection (2) prevents a civil liability attaching to a person, the liability attaches instead to the State. (4) Also, merely because the person gives the information, the person can not be held to have— (a) breached any code of professional etiquette or ethics; or (b) departed from accepted standards of professional conduct. (5) Without limiting subsections (2) and (4)— (a) in a proceeding for defamation, the person has a defence of absolute privilege for publishing the information; and 2013 Act No. 64 Page 161

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 22 Amendment of Transport Planning and Coordination Regulation 2005 [s 215] (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act, oath or rule of law or practice by giving the information; and (ii) is not liable to disciplinary action for giving the information. Part 22 Amendment of Transport Planning and Coordination Regulation 2005 215 Regulation amended This part amends the TransportPlanningandCoordinationRegulation 2005 . 216 Insertion of new pt 5 After section 9— insert— Part 5 Prescribed approved agencies 10 Approved agency—Act, s 3 (1) For the Act, section 3, definition approved agency , paragraph (b), ASIO is an approved agency. (2) In this section— Page 162 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 23 Amendment of Weapons Act 1990 [s 217] ASIO means the Australian Security Intelligence Organisation established under the Australian Security Intelligence Organisation Act 1979 (Cwlth). Part 23 Amendment of Weapons Act 1990 217 Act amended This part amends the Weapons Act 1990 . 218 Amendment of s 10 (Limitations on issue of licence) (1) Section 10(3), ‘unincorporated—’— omit , insert — unincorporated, only if— (2) Section 10(3)(a), ‘, only if it is endorsed with’— omit . (3) Section 10(3)(a)(i), ‘the name’— omit , insert — it is endorsed with the name (4) Section 10(3)(a)(ii), ‘the names’— omit , insert — it is endorsed with the names (5) Section 10(3)(a)(ii), ‘club; or’— omit , insert — club; and (6) Section 10(3)(a)— 2013 Act No. 64 Page 163

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 23 Amendment of Weapons Act 1990 [s 219] insert — (iii) the body is not a criminal organisation; and (iv) each executive officer or other influential person for the body is not an identified participant in a criminal organisation; or (7) Section 10(3)(b)— insert — (iii) the body is not a criminal organisation; and (iv) each executive officer or other influential person for the body is not an identified participant in a criminal organisation. 219 Amendment of s 10B (Fit and proper person—licensees) Section 10B— insert — (2A) Also, for the issue, renewal or revocation of a licence, a person is not a fit and proper person to hold a licence if the person is an identified participant in a criminal organisation. 220 Amendment of s 10C (Fit and proper person—licensed dealer’s associate) Section 10C— insert — (2A) Also, a person is not a fit and proper person to be an associate of a licensed dealer if the person is an identified participant in a criminal organisation. 221 Amendment of s 14 (Inquiries into application) (1) Section 14— Page 164 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 23 Amendment of Weapons Act 1990 [s 222] insert — (1A) Without limiting subsection (1), before deciding the application, an authorised officer must ask the commissioner whether— (a) for an individual—the applicant or an associate of the applicant is an identified participant in a criminal organisation; or (b) if the applicant is a body— (i) the body is a criminal organisation; or (ii) an executive officer or other influential person for the body is an identified participant in a criminal organisation. (2) Section 14— insert — (3A) If the authorised officer makes a request under subsection (1A), the commissioner must comply with the request. (3) Section 14(9), ‘section may’— omit , insert — section, other than advice given by the commissioner to the authorised officer under subsection (3A), may (4) Section 14— insert — (9A) The authorised officer may use advice given by the commissioner under subsection (3A) only for deciding the application. 222 Amendment of s 18 (Renewal of licences) (1) Section 18— insert — 2013 Act No. 64 Page 165

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 23 Amendment of Weapons Act 1990 [s 223] (4A) Before deciding the application, the authorised officer must ask the commissioner whether— (a) for an individual—the applicant or an associate of the applicant is an identified participant in a criminal organisation; or (b) if the applicant is a body— (i) the body is a criminal organisation; or (ii) an executive officer or other influential person for the body is an identified participant in a criminal organisation. (4B) If the authorised officer makes a request under subsection (4A), the commissioner must comply with the request. (4C) The authorised officer may use advice given by the commissioner under subsection (4B) only for deciding the application. 223 Amendment of s 19 (Notice of rejection of application to issue or renew licence) Section 19(2), ‘available,’— omit , insert — available (other than advice given by the commissioner to the authorised officer under section 14(3A) or 18(4B)), 224 Amendment of s 30 (Suspension or revocation notice) (1) Section 30(1A), ‘available,’— omit , insert — available (other than advice given by the commissioner to an authorised officer under section 18(4B) or subsection (1C)), (2) Section 30— Page 166 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 23 Amendment of Weapons Act 1990 [s 225] insert — (1B) (1C) (1D) For the purposes of deciding whether to revoke a licence, the authorised officer must ask the commissioner whether— (a) a licensee is— (i) an identified participant in a criminal organisation; or (ii) a criminal organisation; or (b) an associate of the licensee is an identified participant in a criminal organisation; or (c) an executive officer or other influential person for the licensee is an identified participant in a criminal organisation. If the authorised officer makes a request under subsection (1B), the commissioner must comply with the request. The authorised officer may use advice given by the commissioner under subsection (1C) only for deciding whether to revoke the licensee’s licence. 225 Amendment of s 142 (Right to apply for review of decisions) Section 142(1), after paragraph (a)— insert — (aa) a decision refusing to renew a licence under this Act; 226 Amendment of s 142AA (Notices must be QCAT information notices) Section 142AA— insert — 2013 Act No. 64 Page 167

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 23 Amendment of Weapons Act 1990 [s 227] (3) The Acts Interpretation Act 1954 , section 27B, does not apply to the QCAT information notice to the extent to which the decision is the result of advice given by the commissioner to an authorised officer under section 14(3A), 18(4B) or 30(1C). 227 Insertion of new ss 143 and 144 After section 142A— insert — 143 Additional confidentiality requirements for particular criminal intelligence in proceedings (1) This section applies if— (a) a person seeks a review of any of the following decisions made by an authorised officer— (i) a refusal to issue a licence; (ii) a refusal to renew a licence; (iii) a revocation of a licence; and (b) in making the decision the authorised officer was advised by the commissioner — (i) for an individual—the person or an associate of the person is an identified participant in a criminal organisation; or (ii) for a body— (A) the body is a criminal organisation; or (B) an executive officer or other influential person for the body is an identified participant in a criminal organisation. Page 168 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 23 Amendment of Weapons Act 1990 [s 227] 2013 Act No. 64 (2) For a proceeding relating to an application for review of the decision by QCAT or a proceeding about the decision in the Supreme Court— (a) the commissioner is a party to the proceeding; and (b) the commissioner must give QCAT or the Supreme Court a statement of reasons about the identification by the commissioner of— (i) for an individual—the person or an associate of the person as an identified participant in a criminal organisation; or (ii) for a body— (A) the body as a criminal organisation; or (B) an executive officer or other influential person for the body as an identified participant in a criminal organisation. (3) For a proceeding mentioned in subsection (2), QCAT or the Supreme Court may— (a) review the identification by the commissioner of— (i) for an individual—the person or an associate of the person as an identified participant in a criminal organisation; or (ii) for a body— (A) the body as a criminal organisation; or (B) an executive officer or other influential person for the body as an identified participant in a criminal organisation; and Page 169

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 23 Amendment of Weapons Act 1990 [s 227] Page 170 (b) as it considers appropriate to protect the confidentiality of criminal intelligence— (i) receive evidence and hear argument about the criminal intelligence in the absence of parties to the proceeding and their representatives; and (ii) take evidence consisting of criminal intelligence by way of affidavit of a police officer of at least the rank of superintendent. (4) If QCAT or the Supreme Court considers information has been incorrectly categorised by the commissioner as criminal intelligence, the commissioner may withdraw the information from consideration by QCAT or the court. (5) Information that is withdrawn by the commissioner under subsection (4) must not be— (a) disclosed to any person; or (b) taken into consideration by QCAT or the Supreme Court. (6) In this section— criminal intelligence means— (a) advice given by the commissioner to the authorised officer under section 14(3A), 18(4B) or 30(1C) that a person is— (i) an identified participant in a criminal organisation; or (ii) a criminal organisation; and (b) information held by the commissioner that is relevant to whether the person is— (i) an identified participant in a criminal organisation; or 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 23 Amendment of Weapons Act 1990 [s 228] (ii) a criminal organisation. 144 Application of Judicial Review Act 1991 (1) The Judicial Review Act 1991 , part 4 does not apply to a decision of an authorised officer mentioned in section 143(1). (2) Subject to section 143, unless the Supreme Court decides that a decision of the authorised officer mentioned in 143(1) is affected by jurisdictional error, the decision— (a) is final and conclusive; and (b) cannot be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the JudicialReviewAct1991 or otherwise (whether by the Supreme Court, or another court, a tribunal or another entity); and (c) is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground. (3) The Judicial Review Act 1991 , part 5 applies to a decision mentioned in subsection (2) to the extent it is affected by jurisdictional error. 228 Amendment of s 145 (Applicant may carry on business pending review) Section 145— insert — (2) However, subsection (1) does not apply if the decision to refuse to renew, or to revoke, the licence was made because the commissioner advised an authorised officer, under section 14(3A), 18(4B) or 30(1C), that any of the 2013 Act No. 64 Page 171

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 23 Amendment of Weapons Act 1990 [s 229] following persons is an identified participant in a criminal organisation or is a criminal organisation— (a) the licensee; (b) an associate of the licensee; (c) an executive officer or other influential person for the licensee. 229 Insertion of new pt 8, div 5 Part 8— insert — Division 5 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 191 Existing applications (1) This section applies if, immediately before the commencement, an authorised officer had not finally decided an application for the— (a) issue of a licence; or (b) renewal of a licence. (2) The authorised officer must decide the application under this Act as amended by the Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 . (3) In this section— commencement means the commencement of this section. Page 172 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 24 Amendment of Work Health and Safety Act 2011 [s 230] 230 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition criminal intelligence , ‘activity.’— omit , insert — activity, other than advice given by the commissioner to an authorised officer under section 14(3A), 18(4B) or 30(1C) that a person is— (a) an identified participant in a criminal organisation; or (b) a criminal organisation. (2) Schedule 2— insert — criminal organisation means— (a) for the definition identified participant —a criminal organisation under the CriminalCode, section 1; or (b) otherwise—an organisation identified by the commissioner as a criminal organisation within the meaning of the CriminalCode, section 1. identified participant , in a criminal organisation, means a person who is identified by the commissioner as a participant in the organisation within the meaning of the Criminal Code, section 60A(3). Part 24 Amendment of Work Health and Safety Act 2011 231 Act amended This part amends the Work Health and Safety Act 2011 . 2013 Act No. 64 Page 173

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 24 Amendment of Work Health and Safety Act 2011 [s 232] 232 Amendment of s 271 (Confidentiality of information) (1) Section 271(3), after ‘or a document’— insert — , other than criminal intelligence, or a document that includes criminal intelligence (2) Section 271— insert — (4A) A regulation may provide for the circumstances in which criminal intelligence may be used or disclosed or access may be given to a document containing criminal intelligence. (4B) In this section— criminal intelligence means information prescribed under a regulation as criminal intelligence. 233 Amendment of sch 3 (Regulation-making powers) (1) Schedule 3, section 7(1)(a), from ‘authorisations, including’— omit, insert — authorisations, including— (i) the minimum age to be eligible for an authorisation; and (ii) the circumstances in which persons are not eligible for authorisations, for example, because of character or reputation; and (iii) matters relating to conducting investigations and otherwise obtaining information about persons for the purposes of subparagraph (ii); and (2) Schedule 3, section 14— Page 174 2013 Act No. 64

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act2013 Part 24 Amendment of Work Health and Safety Act 2011 [s 233] insert — (d) providing for restrictions or limitations on the review of particular decisions; and (e) prescribing procedures of a court, the commission or QCAT for review of the decisions under a regulation. © State of Queensland 2013 Authorised by the Parliamentary Counsel 2013 Act No. 64 Page 175