Criminal Practice Amendment Rule (No. 1) 2010 (Qld)

Queensland Criminal Practice Amendment Rule (No. 1) 2010 Subordinate Legislation 2010 No. 187 made under the Supreme Court of Queensland Act 1991 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Rules amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of r 61 (Recording proceedings on indictment) . . . . 2 4 Amendment of sch 3 (Forms for indictments, informations and complaints—statement of offences under the Code) . . . . . . . . . . 2 5 Amendment of sch 4 (Forms for indictments, informations and complaints—statement of offences under the Drugs Misuse Act1986) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

Criminal Practice Amendment Rule (No. 1) 2010 [s 1] 1 Short title This rule may be cited as the Criminal Practice Amendment Rule (No. 1) 2010 . 2 Rules amended This rule amends the Criminal Practice Rules 1999. 3 Amendment of r 61 (Recording proceedings on indictment) (1) Rule 61(1)— insert— ‘(da) any request made to the judge for a redirection by the judge to the jury; (db) any redirection given by the judge to the jury;’. (2) Rule 61(1)(da) to (g)— renumber as rule 61(1)(e) to (i). 4 Amendment of sch 3 (Forms for indictments, informations and complaints—statement of offences under the Code) (1) Schedule 3, forms 8, 9 and 10— omit. (2) Schedule 3, form 13, from ‘Advisedly’ to ‘calculated’— omit, insert— ‘Did [ describe the act done ] intending’. (3) Schedule 3, form 14, after ‘Executive Council’— insert— ‘of Queensland’. (4) Schedule 3, form 14, ‘injury ( or detriment)’— omit, insert— Page 2 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] ‘detriment’. (5) Schedule 3, form 15, ‘Advisedly and by force ( or fraud)’— omit, insert— ‘By force ( or fraud) intentionally’. (6) Schedule 3, forms 16, 19 and 20— omit. (7) Schedule 3, chapter 9, heading, ‘Unlawful assemblies—breaches’— omit, insert— ‘ Breaches ’. (8) Schedule 3, form 26— omit, insert — ‘Form 26 Riot (Section 61. Riot) Was one of 12 or more persons who were present together and used ( or threatened to use) unlawful violence to EF ( or property) for a common purpose and the conduct of them taken together would cause a person in the vicinity to reasonably fear for the person’s personal safety. And caused grievous bodily harm to EF ( or GH or KQ). And caused an explosive substance to explode or destroy ( or start to destroy) a building ( or vehicle or machinery). And AB was armed with a dangerous ( or offensive) weapon ( or instrument or explosive substance). And property was damaged.’. (9) Schedule 3, forms 27 to 29— omit. (10) Schedule 3, forms 31 and 32, ‘apprehension of) a breach of the peace’— omit, insert— ‘fear of) unlawful violence to EF ( or GH or property)’. 2010 SL No. 187 Page 3

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] (11) Schedule 3, form 33, ‘highway’— omit, insert— ‘place’. (12) Schedule 3, forms 34 and 37— omit. (13) Schedule 3, form 39— omit, insert — ‘Form 39 Piracy (Section 79. Definition of act of piracy ) (Section 80. Crime of piracy) [ Delete the reference to place in the formal part and continue ]: Within the territorial jurisdiction of Queensland Did an act of piracy.’. (14) Schedule 3, forms 40 and 41— omit . (15) Schedule 3, after form 48— insert— ‘Form 48A Misconduct in relation to public office (Section 92A. Misconduct in relation to public office) 1 Being a public officer, dealt with information gained because of public office ( or performed ( or failed to perform) a function of office, or did an act [specify act or acts] ( or made an omission [specify omission or omissions]) in abuse of the authority of office), with intent to dishonestly gain a benefit for himself ( or herself ( or EF)). 2 Who had ceased to be a public officer in his ( or her) capacity as ( specify capacity ), dealt with information gained because of that capacity with intent to dishonestly gain a benefit for himself ( or herself) ( or EF) ( or to dishonestly cause a detriment to EF).’. (16) Schedule 3, forms 54 to 57— Page 4 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] omit, insert— ‘Form 54 Giving false ( or misleading) information at Legislative Assembly ( or Brisbane City Council) election ( or referendum) (Section 98B. False and misleading information) Gave information (in a document) to the Electoral Commission of Queensland under the Electoral Act 1992 ( or the Referendums Act 1997 ) that AB knew was false ( or misleading) in a material particular. ‘Form 54A Bribery at Legislative Assembly ( or Brisbane City Council) election ( or referendum) (Section 98C. Bribery) 1 Asked for ( or Received or Offered ( or Agreed) to ask for ( or receive)) [ state benefit ] for himself ( or herself or OP) on the understanding that his ( or her) election conduct would be influenced ( or affected). 2 Gave [ state benefit ] to EF ( or OP) in order to influence ( or affect) EF’s election conduct. ‘Form 54B Forging ( or Uttering) electoral ( or referendum) paper at Legislative Assembly ( or Brisbane City Council) election ( or referendum) (Section 98D. Forging or uttering electoral or referendum paper) 1 Forged an electoral ( or referendum) paper ( or Uttered a forged electoral ( or referendum) paper knowing it was forged). 2 Made the signature of EF on an electoral ( or referendum) paper without being authorised to do so under the ElectoralAct1992 ( or the Referendums Act 1997 ). 2010 SL No. 187 Page 5

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] ‘Form 54C Influencing voting at Legislative Assembly ( or Brisbane City Council) election ( or referendum) (Section 98E. Influencing voting) Improperly influenced the vote of EF, a person at an election ( or referendum). ‘Form 54D Providing money for an illegal payment (Section 98F. Providing money for illegal payments) Knowingly provided money for a payment ( or to replace money that had been spent in making a payment) that was contrary to [ state the provision breached ]. ‘Form 54E Voting when not entitled at Legislative Assembly ( or Brisbane City Council) election ( or referendum) (Section 98G. Voting if not entitled) At an election ( or referendum)— 1 Voted in the name of EF; or 2 Voted more than once; or 3 Knowingly cast a vote that he ( or she) was not entitled to cast; or 4 Procured EF to vote and to his ( or her) knowledge EF was not entitled to vote. ‘Form 54F Voting when not entitled (Section 99. Voting if not entitled) 1 Voted at an election in the name of EF. Page 6 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] 2 Voted at an election more often than he ( or she) was entitled to vote. 3 Cast a vote at an election that he ( or she) knew he ( or she) was not entitled to cast. 4 Procured EF to vote at an election when, to his ( or her) knowledge, EF was not entitled to vote at the election. 5 Attested the signature of EF to a voting paper at an election for which the voting was by post when, to his ( or her) knowledge, EF was not entitled to vote at the election by way of the voting paper. ‘Form 55 Hindering ( or Interfering) with voting conduct (Section 100. Hindering or interfering with voting conduct) 1 In order to hinder ( or interfere with) EF’s voting conduct, (a) acted fraudulently; or (b) used ( or threatened to use) force against EF ( or GF); or (c) caused ( or threatened to cause) a detriment to EF ( or GF). 2 Caused ( or Threatened to cause) a detriment to EF because of EF’s ( or GF’s) voting conduct. ‘Form 56 Bribery at an election (Section 101. Bribery) 1 Asked for ( or Received or Offered ( or Agreed) to ask for ( or receive)) [ state benefit ] for himself ( or herself or GH) on the understanding that his ( or her) election conduct would be influenced ( or affected). 2 Gave ( state benefit ) to EF ( or GH) in order to influence ( or affect) EF’s election conduct. ‘Form 57 Publishing false information about a candidate (Section 102. Publishing false information about a candidate) 2010 SL No. 187 Page 7

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] Knowingly published, before ( or during) an election, false information about— (a) a candidate’s personal character ( or conduct); or (b) whether a candidate had withdrawn from the election; in order to affect the election result.’. (17) Schedule 3, forms 60 to 62— omit . (18) Schedule 3, form 63, item 1— omit. (19) Schedule 3, forms 65 to 73— omit, insert— ‘Form 65 Stuffing ballot boxes (Section 110. Stuffing ballot boxes) Wilfully puts in a ballot box a ballot paper that has not been lawfully handed to and marked by an elector. ‘Form 66 Election offence as a presiding officer (Section 111. Presiding officer helping an elector with a disability) Being a presiding officer at an election, wilfully failed to mark the ballot paper of EF, who is blind ( or unable to vote without help), in the way requested by EF and in the sight of GH ( or anyone else) lawfully present. ‘Form 67 Giving false ( or misleading) information (Section 112. False or misleading information) Page 8 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] Gave to EF, under the [ specify the authorising Act for the election ] and for a purpose relating to an election, information that AB knew was false ( or misleading) in a material particular. ‘Form 68 Interfering with secrecy at an election (Section 113. Interfering with secrecy at elections) 1 Unfolded a ballot paper that was marked and folded by EF, an elector, at the election. 2 Being an officer at an election, ascertained ( or discovered or attempted to ascertain ( or discover)) how EF voted at the election. 3 Being an officer at an election, disclosed information about how EF voted at the election. 4 Being an officer at an election, placed a mark ( or writing) on EF’s ballot paper. ‘Form 69 Breaking seal of a parcel used at an election (Section 114. Breaking the seal of a parcel at elections) Wilfully opened ( or broke the seal of) a parcel sealed under the [ state authorising Act for the election ].’. (20) Schedule 3, form 74A, ‘or detriment’— omit, insert — ‘( or detriment)’. (21) Schedule 3, form 74A— insert— ‘4 Caused ( or threatened to cause) an injury ( or detriment) to EF, a member of a community justice group ( or MN, a member of the family of EF, a member of a community justice group), without reasonable cause, in retaliation because EF ( or RQ, a representative of the community justice 2010 SL No. 187 Page 9

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] group) made a submission to [ state the Court or EQ, a police officer ] under the [ state the Act ] about AB ( or BA) [ describe the thing done ].’. (22) Schedule 3, form 80, item 3, after ‘Asked’— insert— ‘for’ . (23) Schedule 3, form 82— omit, insert— ‘Form 82 Damaging evidence with intent (Section 129. Damaging evidence with intent) Knowing that [ describe thing ], was ( or might be) needed in evidence in a judicial proceeding, namely [ describe it ], damaged it with intent to stop it from being used in evidence.’. (24) Schedule 3, form 83, ‘in accordance with’— omit, insert— ‘pursuant to’. (25) Schedule 3, form 86— omit, insert— ‘Form 86 Compounding an indictable offence (with a circumstance of aggravation) (Section 133. Compounding an indictable offence) Asked for ( or Received or Obtained or Agreed ( or Attempted) to receive ( or obtain)) [ state the property or benefit ] for himself ( or herself) ( or MN) on an agreement ( or understanding) that he ( or she), would compound ( or conceal) ( or abstain from or discontinue or delay the prosecution of) the indictable offence of [ state offence e.g. by using the schedule form heading ] ( or would withhold evidence of the indictable offence of [ state offence e.g. by using the schedule form heading ]). And the indictable offence was such that a person convicted of it was liable to be sentenced to imprisonment for life.’. (26) Schedule 3, forms 87 to 89— Page 10 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] omit. (27) Schedule 3, form 90— omit, insert— ‘Form 90 Acting as a justice with a personal interest (Section 136. Justices exercising jurisdiction in a matter of personal interest) Being a justice, wilfully and perversely exercised jurisdiction in a matter in which he ( or she) had a personal interest, namely, [ describe the interest ].’. (28) Schedule 3, forms 91 and 99— omit. (29) Schedule 3, form 102— omit, insert— ‘Form 102 Making a false verified statement (Section 193. False verified statements) (Section 195A. Contradictory statements—false statements or declarations) 1 Made a verified statement, required by law to be made on oath [ or describe the sanction substituted for an oath ] ( or by solemn declaration ( or affirmation)) knowing that it was false in a material particular, namely [ set out false statement ]. 2 Made 2 verified statements, required by law to be made on oath [ or describe the sanction substituted for an oath ] ( or by solemn declaration ( or affirmation)), 1 of which is irreconcilably in conflict with the other, and made 1 of the verified statements knowing that it was false in a material particular.’. (30) Schedule 3, forms 106 to 108— omit . (31) Schedule 3, forms 118 to 120— omit, insert— 2010 SL No. 187 Page 11

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] ‘Form 118 (Attempted) carnal knowledge of a person with an impairment of the mind (under care or as a guardian) (Section 216. Abuse of persons with an impairment of the mind) Had ( or Attempted to have) unlawful carnal knowledge of EF, a person with an impairment of the mind. And AB was the guardian of EF. And AB had EF under his ( or her) care. ‘Form 119 Indecent dealing with a person with an impairment of the mind (who is a lineal descendant, under care, or as a guardian) (Section 216. Abuse of persons with an impairment of the mind) 1 Unlawfully and indecently dealt with EF, a person with an impairment of the mind. And EF was, to the knowledge of AB, his ( or her) lineal descendant. And AB was the guardian of EF. And AB had EF under his ( or her) care. 2 Unlawfully procured EF, a person with an impairment of the mind, to commit an indecent act. And EF was, to the knowledge of AB, his ( or her) lineal descendant. And AB was the guardian of EF. And AB had EF under his ( or her) care. 3 Unlawfully permitted himself ( or herself) to be indecently dealt with by EF, a person with an impairment of the mind. And EF was, to the knowledge of AB, his ( or her) lineal descendant. And AB was the guardian of EF. And AB had EF under his ( or her) care. Page 12 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] 4 Wilfully and unlawfully exposed EF, a person with an impairment of the mind, to an indecent act by AB ( or GH or another person). And EF was, to the knowledge of AB, his ( or her) lineal descendant. And AB was the guardian of EF. And AB had EF under his ( or her) care. 5 Without legitimate reason, wilfully exposed EF, a person with an impairment of the mind, to an indecent object ( or indecent film, videotape, audiotape, picture, photograph, or printed or written matter). And EF was, to the knowledge of AB, his ( or her) lineal descendant. And AB was the guardian of EF. And AB had EF under his ( or her) care. 6 Without legitimate reason, took an indecent photograph ( or recorded an indecent visual image) of EF, a person with an impairment of the mind. And EF was, to the knowledge of AB, his ( or her) lineal descendant. And AB was the guardian of EF. And AB had EF under his ( or her) care. ‘Form 120 Procuring a young person ( or a person with an impairment of the mind) for carnal knowledge (Section 217. Procuring young person etc. for carnal knowledge) Procured EF, who was not an adult, ( or who was a person with an impairment of the mind) to engage in carnal knowledge.’. (32) Schedule 3, form 121, item 3— omit, insert— ‘3 Administered a drug ( or [ describe other thing ]) to EF ( or Caused EF to take a drug ( or [ describe other thing ])) with intent to stupefy ( or overpower) him ( or her), to enable a sexual act to be engaged in with EF.’. (33) Schedule 3, after form 121— insert— 2010 SL No. 187 Page 13

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] ‘Form 121A Using electronic communication to procure a child under 16 ( or under 12) (Section 218A. Using internet etc. to procure children under 16) 1 Being an adult, used electronic communication with intent to procure EF, a person under 16 years ( or a person AB believed was under 16 years) to engage in a sexual act. And (AB believed) EF was a person under 12 years. 2 Being an adult, used electronic communication with intent to expose, without legitimate reason, EF, a person under 16 years ( or a person AB believed was under 16 years) to indecent matter. And (AB believed) EF was a person under 12 years.’. (34) Schedule 3, after form 128— insert— ‘Form 128A Observation ( or Recording) in breach of privacy (Section 227A. Observations or recordings in breach of privacy) 1 Without EF’s consent, observed ( or visually recorded) EF, in circumstances where a reasonable adult would expect to be afforded privacy and EF was in a private place ( or engaging in a private act and the observation ( or visual recording) was made for the purpose of observing ( or visually recording) a private act). 2 Without EF’s consent, observed ( or visually recorded) EF’s genital ( or anal) region, in circumstances where a reasonable adult would expect to be afforded privacy in relation to the region and the observation ( or visual recording) was made for the purpose of observing ( or visually recording) EF’s genital ( or anal) region. Page 14 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] ‘Form 128B Distributing prohibited visual recordings (Section 227B. Distributing prohibited visual recordings) Distributed a prohibited visual recording of EF, without his ( or her) consent, and AB had reason to believe it was a prohibited visual recording.’. (35) Schedule 3, after form 129— insert— ‘Form 129A Involving a child in making child exploitation material (Section 228A. Involving child in making child exploitation material) Involved EF, a child, in the making of child exploitation material. ‘Form 129B Making child exploitation material (Section 228B. Making child exploitation material) Made child exploitation material. ‘Form 129C Distributing child exploitation material (Section 228C. Distributing child exploitation material) Distributed child exploitation material. ‘Form 129D Possessing child exploitation material (Section 228D. Possessing child exploitation material) Knowingly possessed child exploitation material.’. 2010 SL No. 187 Page 15

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] (36) Schedule 3, form 131, heading ‘(with a circumstance of aggravation)’— omit. (37) Schedule 3, form 131, ‘relationship of a sexual nature’— omit, insert— ‘sexual relationship’. (38) Schedule 3, forms 132, 133, 134, 135 and 137, ‘an intellectually impaired person’— omit, insert— ‘a person with an impairment of the mind’. (39) Schedule 3, form 138— omit . (40) Schedule 3, forms 140 to 142— omit, insert— ‘Form 140 Operating a place for unlawful games (Section 232. Operating a place for unlawful games) Operated a place for the purpose of conducting ( or playing) an unlawful game.’. (41) Schedule 3, after form 160— insert— ‘Form 160A Unlawful drink spiking (Section 316A. Unlawful drink spiking) Administered ( or Attempted to administer) in drink a substance to EF without him ( or her) having knowledge of the substance with intent to cause EF to be stupefied ( or overpowered).’. (42) Schedule 3, form 162— insert— Page 16 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] ‘4 Knowingly sent, by vehicle, dangerous goods under a false description of the goods ( or with a false description of the sender of the goods).’. (43) Schedule 3, form 164— omit, insert— ‘Form 164 Intentionally endangering the safety of a person travelling in a vehicle (Section 319. Endangering the safety of a person in a vehicle with intent) With intent to injure ( or endanger) the safety of (EF) a person in a vehicle [ describe thing done or omitted ] which endangered ( or was likely to endanger) the safe use of the vehicle.’. (44) Schedule 3, form 170— omit, insert— ‘Form 170 Administering poison with intent to harm (with circumstance of aggravation) (Section 322. Administering poison with intent to harm) Unlawfully, and with intent to injure ( or annoy) EF, caused poison ( or a noxious thing, namely, [ describe it ]), to be administered to ( or taken by) EF ( or GH), And the poison ( or noxious thing) endangered the life of EF ( or GH) ( or did grievous bodily harm to EF ( or GH)).’. (45) Schedule 3, forms 174 and 175— omit . (46) Schedule 3, form 178, after second paragraph— insert— ‘And at the time of committing the offence, AB was excessively speeding ( or taking part in an unlawful race ( or speed trial)).’. (47) Schedule 3, form 179— omit, insert— 2010 SL No. 187 Page 17

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] ‘Form 179 Dangerous operation of a vehicle causing death ( or grievous bodily harm) (while adversely affected by an intoxicating substance or excessively speeding or taking part in an unlawful race ( or speed trial) ( or before leaving the scene)) (Section 328A. Dangerous operation of a vehicle) Dangerously operated ( or Dangerously interfered with the operation of) a vehicle in [ place ], and caused the death of ( or grievous bodily harm to) EF. And at the time of committing the offence AB was adversely affected by an intoxicating substance (namely, alcohol, and the concentration of alcohol in his ( or her) blood at the time equalled ( or exceeded) 150mg of alcohol per 100ml of blood). And at the time of committing the offence, AB was excessively speeding. And at the time of committing the offence, AB was taking part in an unlawful race ( or speed trial). And AB knew ( or ought reasonably to have known), that EF had been killed ( or injured) and AB left the scene of the incident before a police officer arrived.’. (48) Schedule 3, forms 182 and 183— omit . (49) Schedule 3, form 184, ‘and shipping dangerous goods’— omit. (50) Schedule 3, forms 185 and 190— omit . (51) Schedule 3, form 191, ‘( or injury or detriment)’— omit, insert— ‘( or detriment)’. (52) Schedule 3, form 193— omit, insert— Page 18 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] ‘Form 193 Serious assault (Section 340. Serious assaults) 1 Assaulted EF with intent to commit a crime, ( or with intent to resist ( or prevent) the lawful arrest ( or detention) of him ( or her) ( or of MN)). 2 Assaulted ( or Resisted or Wilfully obstructed) EF, a police officer, ( or GH, who was acting in aid of EF, a police officer), while EF was acting in the execution of his ( or her) duty. 3 Unlawfully assaulted EF, while he ( or she) was performing a duty imposed by law [ describe duty ]. 4 Assaulted EF, because he ( or she) had performed a duty imposed by law [ describe duty ]. 5 Assaulted EF, in pursuance of an unlawful conspiracy respecting— (a) the [ describe the manufacture, trade, business or occupation ]; or (b) GH who was concerned ( or employed) in the [ describe the manufacture, trade, business or occupation ]; or (c) the wages of GH who was concerned ( or employed) in the [ describe the manufacture, trade, business or occupation ]. 6 Unlawfully assaulted EF, who was 60 years or more. 7 Unlawfully assaulted EF, who relied on a guide, hearing or assistance dog ( or wheelchair, or [ describe the remedial device ]). 8 Being a prisoner, unlawfully assaulted EF, a working corrective services officer. 9 Unlawfully assaulted ( or Resisted or Wilfully obstructed) EF, a public officer while he ( or she) was performing a function of his ( or her) office, namely [ describe function ]. 10 Assaulted EF, a public officer because he ( or she) performed a function of his ( or her) office, namely [ describe function ].’. (53) Schedule 3, form 203— omit, insert— 2010 SL No. 187 Page 19

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] ‘Form 203 Unlawful custody of patients under Mental Health Act 2000 (Section 358. Unlawful custody of patient under Mental HealthAct 2000) Detained [ or Assumed the custody of] EF, an involuntary patient under the Mental Health Act 2000 contrary to the provisions of [ name the applicable law ].’. (54) Schedule 3, form 204, ‘do an injury ( or cause detriment)’— omit, insert— ‘cause a detriment’. (55) Schedule 3, form 211— omit, insert— ‘Form 211 Cruelty to a child under 16 (Section 364. Cruelty to children under 16) Having the lawful care ( or charge) of EF, a child under 16 years, caused harm to him ( or her) by— (a) failing to provide him ( or her) with adequate food ( or clothing, or medical treatment, or accommodation, or care), when it was available to AB from his ( or her) own resources; or (b) failing to take all lawful steps to obtain adequate food ( or clothing, or medical treatment, or accommodation, or care) when it was not available to AB from his ( or her) own resources; or (c) deserting him ( or her); or (d) leaving him ( or her) without means of support. Page 20 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] ‘Form 211A Leaving a child under 12 unattended (Section 364A. Leaving a child under 12 unattended) Left EF, a child under 12 years in AB’s lawful care ( or charge), for an unreasonable time without making reasonable provision for the supervision and care of EF during that time. ‘Chapter 35 Criminal defamation ‘Form 211B Criminal defamation (Section 365. Criminal defamation) Without lawful excuse, published matter defamatory of EF knowing the matter to be false ( or without having regard to whether the matter is true or false) and intending to cause serious harm to EF ( or any other person) ( or without having regard to whether serious harm is caused to EF ( or any other person)).’. (56) Schedule 3, forms 213 and 214— omit, insert— ‘Form 213 Stealing a testamentary instrument (Section 391. Definition of stealing ) (Section 398. Punishment of stealing, punishment in special cases, stealing wills) (Section 568(1). Cases in which several charges may be joined) Stole a testamentary instrument, namely [ describe it ]. 2010 SL No. 187 Page 21

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] ‘Form 214 Stealing stock (Section 391. Definition of stealing ) (Section 398. Punishment of stealing, punishment in special cases, stealing stock) (Section 568(1). Cases in which several charges may be joined) Stole a [ describe the animal stolen ] ( see s.1, definition “stock” and section 398, special case 2) , the property of EF.’. (57) Schedule 3, form 232— omit, insert — ‘Form 232 Fraudulently concealing a register ( or record, or document recording title to property or testamentary instrument) (Section 399. Fraudulent concealment of particular documents) With intent to defraud, concealed (part of) a register ( or record) kept by [ describe lawful authority ] ( or a document recording title to property or a testamentary instrument).’. (58) Schedule 3, forms 233, 234, 236, 238 and 239— omit . (59) Schedule 3, form 240— omit, insert — ‘Form 240 Unlawfully using ( or possessing) a motor vehicle ( or aircraft or vessel) (to facilitate the commission of an indictable offence, with damage) (Section 408A. Unlawful use or possession of motor vehicles, aircraft or vessels) 1 Unlawfully used a motor vehicle ( or an aircraft or a vessel) without the consent of EF, the person in lawful possession of it. Page 22 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] And AB used ( or intended to use) the motor vehicle ( or aircraft or vessel) to facilitate the commission of an indictable offence. And AB wilfully destroyed ( or damaged or removed or interfered with) (part of) the mechanism of ( or part of or equipment attached to) the motor vehicle ( or aircraft or vessel). And AB intended to destroy ( or damage or remove or interfere with) (part of) the mechanism of ( or part of or equipment attached to) the motor vehicle ( or aircraft or vessel). 2 Had in his ( or her) possession a motor vehicle ( or an aircraft or a vessel) without the consent of EF, the person in lawful possession of it, with intent to temporarily ( or permanently) deprive its owner ( or the person in lawful possession of it) of the use and possession of it. And AB used ( or intended to use) the motor vehicle ( or aircraft or vessel) to facilitate the commission of an indictable offence. And AB wilfully destroyed ( or damaged or removed or interfered with) (part of) the mechanism of ( or part of or equipment attached to) the motor vehicle ( or aircraft or vessel). And AB intended to destroy ( or damage or remove or interfere with) (part of) the mechanism of ( or part of or equipment attached to) the motor vehicle ( or aircraft or vessel).’. (60) Schedule 3, form 241, ‘$5000’— omit, insert — ‘$30000’. (61) Schedule 3, form 242, ‘Section 408D’— omit, insert — ‘ Section 408E ’. (62) Schedule 3, form 242, as amended— renumber as form 242A. (63) Schedule 3, after form 241— insert — 2010 SL No. 187 Page 23

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] ‘Form 242 Obtaining ( or Dealing with) identification information (Section 408D. Obtaining or dealing with identification information) Obtained ( or Dealt with) EF’s identification information for the purpose of committing ( or facilitating the commission of) an indictable offence.’. (64) Schedule 3, form 247— omit, insert — ‘Form 247 Extortion (with a circumstance of aggravation) (Section 415. Extortion) Demanded [ specify thing demanded ], without reasonable cause, with intent to gain a benefit for AB ( or KQ) ( or cause detriment to EF) threatened to cause a detriment to EF ( or GF). And carrying out the threat caused ( or was likely to cause) EF ( or GF) serious personal injury. And carrying out the threat caused ( or was likely to cause) substantial economic loss in the industrial ( or commercial) activity of EF ( or another person or entity).’. (65) Schedule 3, forms 248, 249 and 256— omit . (66) Schedule 3, forms 259 and 260— omit, insert— ‘Form 259 Fraudulently falsifying a record (Section 430. Fraudulent falsification of records) With intent to defraud— (a) made a false entry namely, [ describe it ] in a [ describe the record ]; or (b) omitted to make an entry namely, [ describe it ] in a [ describe the record ]; or Page 24 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] (c) gave a certificate of ( or information) [ describe the certificate or information ] that was false in a material particular, namely [ describe ]; or (d) falsified ( or destroyed or altered or damaged) a [ describe the record ]; or (e) produced ( or made use of) a [ describe the record ] that he ( or she) knew was false in a material particular, namely [ describe ]. ‘Form 260 False accounting as a public officer (Section 431. False accounting by public officer) Being an officer charged with the receipt ( or custody or management) of (part of) public revenue ( or property), knowingly furnished a false statement ( or return) of money ( or property) received by him ( or her) ( or entrusted to his ( or her) care) ( or of a balance of money ( or property) and in his ( or her) possession or under his ( or her) control).’. (67) Schedule 3, form 263— omit, insert— ‘Form 263 Dishonestly taking a reward (Section 435. Taking reward for recovery of property obtained by way of indictable offences) Dishonestly received ( or obtained) ( or Dishonestly agreed to receive ( or obtain)) [ describe property or benefit ] on an agreement ( or understanding) that he ( or she) would help EF to recover [ describe property ] which had been obtained by way of [ describe the act constituting an indictable offence ] without having used all due diligence to cause the offender to be brought to trial for the offence.’. (68) Schedule 3, chapter 42— omit. (69) Schedule 3, form 277, ‘cow ( or [ describe the animal ])’— omit, insert — ‘[ describe the animal capable of being stolen ]’. (70) Schedule 3, form 278— 2010 SL No. 187 Page 25

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] omit, insert — ‘Form 278 Using registered brand with criminal intention (Section 444B. Using registered brands with criminal intention) With intent to facilitate the commission of a crime, branded ( or marked) a [ describe the animal ] with the registered brand ( or mark) of EF without his ( or her) permission.’. (71) Schedule 3, form 279, ‘horse ( or [ describe the animal ])’— omit, insert — ‘[ describe the animal that is stock ]’. (72) Schedule 3, form 280, ‘horse ( or [ describe the animal ]), which animal’— omit, insert — ‘[ describe the animal that is stock ], which’. (73) Schedule 3, form 281, ‘horse ( or [ describe the animal ])’— omit, insert — ‘[ describe the animal that is stock ]’. (74) Schedule 3, form 282, ‘horse ( or [ describe the animal ])’— omit, insert — ‘[ describe the animal that is stock ]’. (75) Schedule 3, form 283— omit, insert — ‘Form 283 Possessing stock with a defaced brand (Section 448A. Having in possession stock with defaced brand) Was found in possession ( or with the custody) of a [ describe the animal that is stock ] on which the registered brand ( or mark) had ( or was reasonably suspected of having) been altered ( or defaced, or rendered indistinguishable).’. Page 26 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] (76) Schedule 3, chapter 44B— omit. (77) Schedule 3, form 287— omit, insert— ‘Form 287 Endangering particular property by fire (Section 462. Endangering particular property by fire) Wilfully and unlawfully set fire to [ describe thing ] which was situated so that [ describe thing ] was likely to catch fire from it.’. (78) Schedule 3, forms 289 to 291— omit . (79) Schedule 3, form 292— omit, insert— ‘Form 292 Endangering the safe use of a vehicle ( or related transport infrastructure) (Section 467. Endangering the safe use of vehicles and related transport infrastructure) With intent to prejudice the safe use of a vehicle ( or [ specify related transport infrastructure ] or to injure property in ( or on) a vehicle ( or [ specify related transport infrastructur e]), [ describe act or omission ] which endangered ( or was likely to endanger) the safe use of the vehicle ( or [ specify related transport infrastructure ]).’. (80) Schedule 3, form 293— omit . (81) Schedule 3, form 294— omit, insert— ‘Form 294 Injuring an animal (at night) (Section 468. Injuring animals) 2010 SL No. 187 Page 27

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] Wilfully and unlawfully killed ( or maimed or wounded) a [ describe the animal capable of being stolen ]), the property of EF (at night).’. (82) Schedule 3, forms 296 and 297— omit, insert— ‘Form 296 Wilful damage ( or destruction) endangering life (Section 469. Wilful damage, punishment in special cases, destroying or damaging premises by explosion) Wilfully and unlawfully destroyed ( or damaged) premises, by an explosion, and GH was in the premises when the explosion happened ( or and the destruction ( or damage) actually endangered the life of GH). ‘Form 297 Wilfully damaging a sea wall ( or sea bank or inland water or works relating to a port ( or inland water)) (Section 469. Wilful damage, punishment in special cases, sea walls and other property) Wilfully and unlawfully destroyed ( or damaged) a bank ( or wall) of the sea ( or inland water) ( or work relating to a port ( or inland water)) and the destruction ( or damage) caused actual danger of inundation ( or damage) to land ( or a building).’. (83) Schedule 3, forms 298 and 299— omit . (84) Schedule 3, form 304— omit, insert— ‘Form 304 Wilfully destroying ( or damaging) property of special value (Section 469. Wilful damage, punishment in special cases, other things of special value) 1 Wilfully and unlawfully destroyed ( or rendered useless) a vessel. Page 28 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] 2 Wilfully and unlawfully destroyed ( or damaged) a light ( or beacon or buoy or mark or signal) used for purposes of navigation ( or for the guidance of sailors). 3 Wilfully and unlawfully destroyed ( or damaged) a bank ( or wall) of the sea ( or inland water) ( or work relating to a port ( or inland water)). 4 Wilfully and unlawfully destroyed ( or rendered useless) [ describe thing ], a manufacturing ( or agricultural) machine ( or a thing used ( or intended for use) for manufacturing ( or for performing a process connected with the preparation of agricultural produce)). 5 Wilfully and unlawfully destroyed ( or damaged) a well ( or bore) for water ( or a dam or bank or wall or floodgate of a millpond ( or pool)).’. (85) Schedule 3, after form 307— insert— ‘Form 307A Sabotage ( or Attempted Sabotage) (Section 469A. Sabotage and threatening sabotage) 1 Wilfully and unlawfully destroyed ( or damaged) a public facility with intent to cause major economic loss ( or major disruption to government functions ( or to the use of services by the public)). 2 Threatened to unlawfully destroy ( or damage) a public facility with the intention of inducing EF ( or another) to believe that the threat would be carried out and if it was carried out the threatened destruction ( or damage) was likely to cause major economic loss ( or major disruption to government functions ( or to the use of services by the public)).’. (86) Schedule 3, forms 309 and 310— omit, insert— ‘Form 309 Unlawfully depositing explosive ( or noxious) substances (Section 470A. Unlawful deposition of explosive or noxious substances) Wilfully and unlawfully threw ( or left down or deposited) an explosive ( or noxious) substance in [ describe place ] under such circumstances that it might cause injury to EF ( or another person) ( or damage to the property of EF ( or another person)). 2010 SL No. 187 Page 29

Criminal Practice Amendment Rule (No. 1) 2010 [s 4] ‘Form 310 Damaging a mine (Section 471. Damaging mines) 1 Unlawfully and intentionally damaged a mine by [ specify damage ]. 2 Unlawfully interfered with equipment ( or infrastructure) connected ( or used) with a mine, with intent to damage the mine.’. (87) Schedule 3, form 315— omit. (88) Schedule 3, form 318— omit, insert— ‘Form 318 Forging ( or Uttering) (with a circumstance of aggravation) (Section 488. Forging and uttering) (Section 568(5). Cases in which several charges may be joined) With intent to defraud, forged a document ( or uttered a forged document). And the document was a valuable security ( or insurance policy or testamentary instrument or registration document or is evidence of an interest in land or a power of attorney or contract ( or document) kept ( or issued) by lawful authority).’. (89) Schedule 3, forms 319 to 327— omit. (90) Schedule 3, form 332— omit, insert— ‘Form 332 Procuring ( or Claiming) unauthorised status (Section 502. Procuring or claiming unauthorised status) 1 By false representation, procured [ describe the authority ] to issue to him ( or her) ( or to MN) a certificate [ describe the effect of the certificate ]. 2 Falsely represented to MN that he ( or she) had obtained a certificate [ describe the effect of the certificate ] issued by [ describe the authority ]. Page 30 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 5] 3 By false representation, procured himself ( or herself) ( or MN) to be registered on [ describe the register ] kept by [ describe the lawful authority ].’. (91) Schedule 3, forms 333 to 337— omit. (92) Schedule 3, chapter 50, heading— omit. (93) Schedule 3, forms 342, 343 and 345— omit. (94) Schedule 3, form 348— omit, insert— ‘Form 348 Preparing to commit a crime with dangerous things (Section 540. Preparation to commit crimes with dangerous things) Made ( or Knowingly had in his ( or her) possession) an explosive substance ( or a dangerous ( or noxious) thing), with intent to use it to commit a crime ( or for the purpose of enabling MN ( or another person) to commit a crime with it).’. 5 Amendment of sch 4 (Forms for indictments, informations and complaints—statement of offences under the Drugs Misuse Act 1986) (1) Schedule 4, form 353, item 2— omit, insert— ‘2 Being an adult, unlawfully supplied the dangerous drug [ name the drug ] to EF, a minor ( or an intellectually impaired person or who was within an educational institution ( or correctional facility) or who did not know that he ( or she) was being supplied with the drug).’. (2) Schedule 4, after form 357— insert— 2010 SL No. 187 Page 31

Criminal Practice Amendment Rule (No. 1) 2010 [s 5] ‘Form 357A Possessing a relevant substance ( or thing) (Section 9A. Possessing relevant substances or things) Unlawfully possessed a relevant substance [ name the substance ] ( or thing [ name the thing ]). ‘Form 357B Supplying relevant substance ( or thing) (Section 9B. Supplying relevant substances or things) Unlawfully supplied a relevant substance [ name the substance ] ( or thing [ name the thing ]) for use in connection with the commission of the offence of producing a dangerous drug. ‘Form 357C Producing relevant substance ( or thing) (Section 9C. Producing relevant substances or things) Unlawfully produced a relevant substance [ name the substance ] ( or thing [ name the thing ]) for use in connection with the commission of the offence of producing a dangerous drug.’. (3) Schedule 4, after form 358— insert— ‘Form 358A Possessing a prohibited combination of items (Section 10B. Possession of a prohibited combination of items) Unlawfully possessed a prohibited combination of items, namely [ describe items under schedule 8C of the Drugs Misuse Regulation 1987 ].’. (4) Schedule 4, after form 360— insert— Page 32 2010 SL No. 187

Criminal Practice Amendment Rule (No. 1) 2010 [s 5] ‘Form 360A Contravening a restraining order (Section 41(8). Restraining order) Being a person to whose property a restraining order made by a judge relates ( or to whom a copy of a restraining order made by a judge has been given ( or deemed to be given)), contravened the restraining order made by the judge by attempting ( or purporting) to [ describe act ] in disobedience ( or wilful disregard) of the order.’. (5) Schedule 4, form 361, ‘Section 46’— omit, insert— ‘ Section 119 ’. (6) Schedule 4, form 362, ‘Section 48(2)’— omit, insert— ‘ Section 121( 6) ’. (7) Schedule 4, form 362, ‘[ name the judge ]’— omit, insert— ‘a judge’. ENDNOTES 1 Made by the Governor in Council on 15 July 2010. 2 Notified in the gazette on 16 July 2010. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Justice and Attorney-General. © State of Queensland 2010 2010 SL No. 187 Page 33