Queensland Community Safety Act 2024 (Qld)

The Parliament of Queensland enacts—

Part 1    Preliminary

1   Short title

This Act may be cited as the Queensland Community Safety Act 2024.

2   Commencement

(1)The following provisions commence on a day to be fixed by proclamation—

(a)part 2, division 1, subdivision 1;

(b)part 2, division 4;

(c)part 3, division 1;

(d)part 3, division 2, subdivision 2;

(e)part 3, division 3;

(f)schedule 1, amendment of the Police Service Administration Act 1990.

(2)Section 22 commences—

(a)on the commencement of the State Emergency Service Act 2024, schedule 1; or

(b)if the time mentioned in paragraph (a) is before the date of assent of this Act—on the date of assent of this Act.

(3)Section 23 commences—

(a)on the commencement of the Emergency Services Reform Amendment Act 2024, section 23; or

(b)if the time mentioned in paragraph (a) is before the date of assent of this Act—on the date of assent of this Act.

(4)Part 2, division 2, subdivision 3 commences on the commencement of the Disaster Management and Other Legislation Amendment Act 2024, schedule 1.

Part 2    Amendments relating to online criminal content, vehicles and weapons

Division 1 Online criminal content

Subdivision 1 Amendment of Police Powers and Responsibilities Act 2000

3   Act amended

This subdivision amends the Police Powers and Responsibilities Act 2000.

4   Insertion of new ch 21A

After chapter 21—
insert—

Chapter 21A     Removal of particular online content

745A    Extraterritorial application of chapter

(1)This chapter applies both within and outside Queensland.

(2)This chapter applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.

745B    Definitions for chapter

In this chapter—

authorised officer means a police officer or staff member authorised under section 745C to give removal notices under this chapter.

material means any material capable of being published online using a social media platform or online social network, including, for example—

(a)sounds, including speech or music; or

(b)visual images, whether moving or not; or

(c)text; or

(d)material that is any combination of sound, images or text; or

(e)material that is digitally created, altered or manipulated.

provided, in relation to material on a social media platform or online social network, means the material is accessible by, or delivered to, 1 or more persons using the platform or network.

provider, of a social media platform or online social network, does not include a person that merely provides a service that enables material to be accessed or delivered but is not, of itself, a social media platform or online social network.

Examples—

•a carriage service under the Telecommunications Act 1997 (Cwlth)

•a caching or hosting service

removal notice see section 745D(2).

removed, in relation to material on a social media platform or online social network, means the material is not accessible by, or delivered to, any person in Queensland using the service.

745C    Authorised officers

The commissioner may authorise a police officer of at least the rank of senior sergeant, or a staff member, to give removal notices under this chapter.

745D    Removal notice

(1)This section applies if—

(a)material is provided on a social media platform or online social network; and

(b)an authorised officer is satisfied the material depicts conduct (the unlawful conduct) that constitutes any of the following offences against an Act of Queensland—

(i)an offence involving driving or operating a vehicle;

(ii)an offence involving violence or a threat of violence;

(iii)an offence involving taking, damaging, destroying, removing, using, interfering with or entering property;

(iv)an offence involving a weapon; and

(c)the authorised officer suspects a person published the material on the social media platform or online social network for the purpose of—

(i)glorifying the unlawful conduct; or

(ii)increasing the person’s reputation, or another person’s reputation, because of their involvement in the unlawful conduct; and

(d)the material has been accessed by a person in Queensland; and

(e)the authorised officer suspects either—

(i)the unlawful conduct happened in Queensland; or

(ii)the material was published on the social media platform or online social network by a person who was in Queensland or ordinarily resident in Queensland.

(1A)However, this section does not apply in relation to material posted on a social media platform or online social network by a journalist in the course of their activities as a journalist.

(2)The authorised officer may give a notice (a removal notice) to the provider of the social media platform or online social network requiring the provider to remove the material from the platform or network.

(3)The notice must—

(a)describe the material in a way that enables the provider to identify and remove it; and

(b)state the time, no earlier than 24 hours from the time the notice is given, by which the material must be removed; and

(c)warn the provider that, if the provider does not comply with the notice, the commissioner may apply for an order under section 745E.

(4)If the authorised officer considers it appropriate, the officer may give the provider a notice extending the time by which the material must be removed.

(5)The provider must comply with the removal notice no later than the time stated in the notice or any later time allowed under subsection (4).

(6)For a proceeding under section 745E, the provider is taken to have complied with the removal notice if the provider proves it took all reasonable steps to comply with the notice.

(7)In this section—

journalist see the Evidence Act 1977, section 14R.

745E    Civil penalty order

(1)The commissioner may apply to the Supreme Court for an order that the provider of a social media platform or online social network pay to the State a civil penalty for contravening section 745D(5).

(2)The application must be made within 1 year after the day of the alleged contravention.

(3)The court may make the order if the court is satisfied the provider contravened section 745D(5).

(4)The order may require the provider to pay the State, as a civil penalty, an amount of not more than 10,000 penalty units for the contravention.

(5)In deciding the amount of the penalty, the court must have regard to the circumstances of the contravention, including—

(a)the nature and extent of the contravention; and

(b)whether the provider has previously been found to have engaged in similar conduct, in Queensland or elsewhere; and

(c)any other circumstances the court considers relevant.

(6)The amount of the civil penalty that the provider is ordered to pay is a debt payable by the provider to the State.

745F    Failure to provide procedural fairness does not affect validity

Any failure by an authorised officer to provide procedural fairness to the provider of a social media platform or online social network in relation to the giving of a removal notice to the provider does not affect the validity of the notice.

745G    Service of documents

(1)The Acts Interpretation Act 1954, section 39 applies to the service of documents on the provider of a social media platform or online social network or other entity whether the entity’s address is within or outside Queensland.

(2)In this section—

address means—

(a)for an individual—the address of the place of residence or business of the individual; or

(b)for a body corporate—the head office, a registered office or a principal office of the body corporate.

5   Amendment of sch 6 (Dictionary)

(1)Schedule 6, definition authorised officer—
omit.

(2)Schedule 6—
insert—

authorised officer—

(a)for chapter 12, see section 280; or

(b)for chapter 21A, see section 745B.

material, for chapter 21A, see section 745B.

provided, in relation to material on a social media platform or online social network, for chapter 21A, see section 745B.

provider, of a social media platform or online social network, for chapter 21A, see section 745B.

removal notice, for chapter 21A, see section 745D(2).

removed, in relation to material on a social media platform or online social network, for chapter 21A, see section 745B.

Subdivision 2 Amendment of Summary Offences Act 2005

6   Act amended

This subdivision amends the Summary Offences Act 2005.

7   Insertion of new s 26B

After section 26A—
insert—

26B   Publishing material about particular offending behaviour

(1)A person must not, without reasonable excuse, publish material on a social media platform or an online social network if—

(a)the material depicts conduct that constitutes a prescribed offence; and

(b)the person publishes the material for the purpose of—

(i)glorifying the conduct; or

(ii)increasing the person’s reputation, or another person’s reputation, because of their involvement in the conduct.

Maximum penalty—2 years imprisonment.

(2)Subsection (1) does not apply to publication of material by a journalist in the course of their activities as a journalist.

(3)A person may be proceeded against for, and convicted of, an offence against subsection (1) whether or not anyone has been proceeded against for, or convicted of, the prescribed offence.

(4)A person may not be convicted of both—

(a)an offence against subsection (1) relating to the publication of material depicting conduct that constitutes a relevant Code or weapons offence; and

(b)a relevant Code or weapons offence with a circumstance of aggravation relating to the publication of material on a social media platform or an online social network.

(5)In this section—

material includes an electronic document.

prescribed offence means any of the following offences against an Act of Queensland—

(a)an offence involving driving or operating a vehicle;

(b)an offence involving violence or a threat of violence;

(c)an offence involving taking, damaging, destroying, removing, using, interfering with or entering property;

(d)an offence involving a weapon.

relevant Code or weapons offence means—

(a)an offence against any of the following provisions of the Criminal Code—

(i)section 69(1);

(ii)section 328A(1);

(iii)section 335(1);

(iv)section 339(1);

(v)section 408A(1);

(vi)section 419(1); or

(b)an offence against the Weapons Act 1990, section 51(1).

8   Amendment of sch 2 (Dictionary)

Schedule 2—
insert—

journalist see the Evidence Act 1977, section 14R.

Division 2 Vehicle and advertising-related offending

Subdivision 1 Amendment of Criminal Code

9   Code amended

This subdivision amends the Criminal Code.

10   Amendment of s 1 (Definitions)

Section 1—
insert—

emergency vehicle see section 6A.

emergency worker means—

(a)a member of the police service; or

(b)a member of the police service of the Commonwealth or another State; or

(c)a service officer under the Ambulance Service Act 1991; or

(d)a member of an ambulance service of another State; or

(e)a fire service officer or rural fire brigade member under the Fire and Emergency Services Act 1990; or

(f)a member of a fire brigade or service of another State; or

(g)an SES member under the Fire and Emergency Services Act 1990.

11   Insertion of new s 6A

After section 6—
insert—

6A   Meaning of emergency vehicle and related matters

(1)In this Code—

emergency vehicle means—

(a)a motor vehicle being used by an emergency worker in the course of their duties; or

(b)a motor vehicle ordinarily used by emergency workers in the course of their duties.

(2)For a proceeding against a person (the first person) for an offence involving an emergency vehicle, the first person is taken to know a motor vehicle is an emergency vehicle, unless the first person proves otherwise, if—

(a)the vehicle bears the insignia of an emergency services entity or is otherwise clearly marked as a type of emergency vehicle; or

(b)the vehicle is displaying flashing blue and red lights or a flashing blue light; or

(c)a person who is inside, or emerges from, the vehicle identifies themself to the first person as a type of emergency worker.

(3)Subsection (2) does not limit the circumstances in which a person may know, or a person ought reasonably to know, a vehicle is an emergency vehicle.

(4)In this section—

emergency services entity means any of the following entities of Queensland, the Commonwealth or another State—

(a)a police service;

(b)an ambulance service;

(c)a fire brigade, fire service or State emergency service.

12   Amendment of s 69 (Going armed so as to cause fear)

(1)Section 69—
insert—

(2A)If the offender publishes material on a social media platform or an online social network to—

(a)advertise the offender’s involvement in the offence; or

(b)advertise the act or omission constituting the offence;

      the offender is liable to imprisonment for 3 years.

(2)Section 69—
insert—

(4)In this section—

advertise means attract the notice and attention of the public or a limited section of the public.

material includes an electronic document.

(3)Section 69(2A) to (4)—
renumber as section 69(3) to (5).

13   Amendment of s 328A (Dangerous operation of a vehicle)

(1)Section 328A—
insert—

(1A)If the offender publishes material on a social media platform or an online social network to—

(a)advertise the offender’s involvement in the offence; or

(b)advertise the act or omission constituting the offence;

      the offender commits a crime.

Maximum penalty—400 penalty units or 5 years imprisonment.

(2)Section 328A(4)(a)—
omit, insert—

(a)to imprisonment for 14 years, if none of paragraphs (b) to (d) applies; or

(3)Section 328A(4)(b) and (c), ‘14 years’—
omit, insert—

20 years

(4)Section 328A(4)—
insert—

(d)to imprisonment for 20 years if, before or while committing the offence, the offender commits an offence against the Police Powers and Responsibilities Act 2000, section 754(2).

(5)Section 328A(6)—
insert—

advertise means attract the notice and attention of the public or a limited section of the public.

material includes an electronic document.

14   Insertion of new ss 328C and 328D

After section 328B—
insert—

328C    Damaging emergency vehicle when operating motor vehicle

A person commits a crime if—

(a)the person operates a motor vehicle in a way that damages an emergency vehicle; and

(b)the person knows, or ought reasonably to know, the damaged vehicle is an emergency vehicle; and

(c)the person—

(i)intends to damage the emergency vehicle or to injure or endanger the safety of an emergency worker; or

(ii)knows, or ought reasonably to know, the person is operating a motor vehicle in a way that will damage an emergency vehicle.

Maximum penalty—14 years imprisonment.

328D    Endangering police officer when driving motor vehicle

(1)A person commits a crime if—

(a)the person drives a motor vehicle towards or near a police officer; and

(b)the person knows, or ought reasonably to know, the officer is a police officer; and

(c)the officer is acting in the performance of their duties as a police officer; and

(d)the person—

(i)intends to injure or endanger the safety of the police officer; or

(ii)endangers the safety of the police officer and knows, or ought reasonably to know, the person is endangering the safety of the police officer.

Maximum penalty—14 years imprisonment.

(2)In this section—

police officer includes a police officer of the Commonwealth or another State.

15   Amendment of s 335 (Common assault)

(1)Section 335—
insert—

(1A)If the offender publishes material on a social media platform or an online social network to—

(a)advertise the offender’s involvement in the offence; or

(b)advertise the act or omission constituting the offence;

      the offender is liable to imprisonment for 4 years.

(2)Section 335(2), after ‘provisions’—
insert—

also

(3)Section 335—
insert—

(4)In this section—

advertise means attract the notice and attention of the public or a limited section of the public.

material includes an electronic document.

(4)Section 335(1A) to (4)—
renumber as section 335(2) to (5).

16   Amendment of s 339 (Assaults occasioning bodily harm)

(1)Section 339—
insert—

(1A)If the offender publishes material on a social media platform or an online social network to—

(a)advertise the offender’s involvement in the offence; or

(b)advertise the act or omission constituting the offence;

      the offender is liable to imprisonment for 9 years.

(2)Section 339—
insert—

(6)In this section—

advertise means attract the notice and attention of the public or a limited section of the public.

material includes an electronic document.

(3)Section 339(1A) to (6)—
renumber as section 339(2) to (7).

17   Amendment of s 408A (Unlawful use or possession of motor vehicles, aircraft or vessels)

(1)Section 408A—
insert—

(1CA)If—

(a)the motor vehicle, aircraft or vessel is an emergency vehicle; and

(b)the offender knows, or ought reasonably to know, it is an emergency vehicle;

      the offender is liable to imprisonment for 14 years.

(2)Section 408A(1D), ‘(1C)’—
omit, insert—

(5)

(3)Section 408A(1E), ‘(1D)’—
omit, insert—

(6)

(4)Section 408A(3), definition material—
omit, insert—

material includes an electronic document.

(5)Section 408A(1A) to (3)—
renumber as section 408A(2) to (9).

18   Amendment of s 419 (Burglary)

(1)Section 419—
insert—

(3A)If the offender publishes material on a social media platform or an online social network to—

(a)advertise the offender’s involvement in the offence; or

(b)advertise the act or omission constituting the offence;

      the offender is liable to imprisonment for 16 years.

(2)Section 419—
insert—

(7)In this section—

advertise means attract the notice and attention of the public or a limited section of the public.

material includes an electronic document.

(3)Section 419(3A) to (7)—
renumber as section 419(4) to (8).

19   Amendment of s 427 (Unlawful entry of vehicle for committing indictable offence)

Section 427—
insert—

(3)If—

(a)the vehicle is an emergency vehicle; and

(b)the offender knows, or ought reasonably to know, the vehicle is an emergency vehicle;

      the offender is liable to imprisonment for 14 years.

20   Amendment of s 469 (Wilful damage)

Section 469, punishment in special cases—
insert—

12   Emergency vehicles

If—

(a)the property in question is an emergency vehicle; and

(b)the offender knows, or ought reasonably to know, the property is an emergency vehicle;

the offender commits a crime.

Maximum penalty—7 years imprisonment.

Subdivision 2 Amendment of Criminal Code (other commencement)

21   Code amended

This subdivision amends the Criminal Code.

22   Amendment of s 1 (Definitions)

Section 1, definition emergency worker, paragraph (g), ‘Fire and Emergency Services Act 1990’—
omit, insert—

State Emergency Service Act 2024

23   Amendment of s 1 (Definitions)

Section 1, definition emergency worker, paragraph (g)—
omit.

Subdivision 3 Amendment of Disaster Management and Other Legislation Amendment Act 2024

24   Act amended

This subdivision amends the Disaster Management and Other Legislation Amendment Act 2024.

Editor’s note

The legislation ultimately amended is the Criminal Code.

25   Amendment of sch 1 (Other amendments)

Schedule 1—
insert—

Criminal Code

   Section 1, definition emergency worker, paragraph (e), ‘Fire and Emergency Services Act 1990’—

omit, insert—

Fire Services Act 1990

Division 3 Prevention of knife crime (Jack’s law)

Subdivision 1 Amendment of Police Powers and Responsibilities Act 2000

26   Act amended

This subdivision amends the Police Powers and Responsibilities Act 2000.

27   Amendment of s 30 (Prescribed circumstances for searching persons without warrant)

Section 30(1)(l), after ‘39F’—
insert—

, 39FA, 39FB

28   Amendment of ch 2, pt 3A, hdg (Jack’s Law—Use of hand held scanners without warrant in safe night precincts and public transport stations)

Chapter 2, part 3A, heading, ‘safe night precincts and public transport stations’—
omit, insert—

particular places

29   Amendment of s 39A (Definitions for part)

(1)Section 39A—
insert—

adjacent public area, to premises, a facility or another place, means—

(a)a public carpark adjacent to the premises, facility or other place; or

(b)a public place adjacent to an entry or exit to the premises, facility or other place.

Example—

a public footpath on which persons are queuing to enter the premises

licensed premises includes an adjacent public area to the premises.

public carpark means a carpark that is a public place.

retail premises—

(a)means premises used wholly or predominantly for carrying on a business selling goods, or providing services, in person to the public; and

(b)includes an adjacent public area to premises mentioned in paragraph (a).

shopping centre—

(a)means a cluster of at least 5 premises to which the following apply—

(i)at least 5 of the premises are retail premises;

(ii)the retail premises are located in—

(A)1 building; or

(B)2 or more buildings that are adjoining or are separated only by a public place;

(iii)the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade; and

(b)includes an adjacent public area to premises mentioned in paragraph (a).

sporting or entertainment venue—

(a)means—

(i)a major sports facility under the Major Sports Facilities Act 2001; or

(ii)another place while it is being used for a sporting, recreation, conference or entertainment event; and

Examples—

•a community sporting facility being used for a football match

•a building being used for a conference event

•a park being used for a concert

•a road being used for a running or motor racing event

(b)includes an adjacent public area to a facility or place mentioned in paragraph (a).

(2)Section 39A, definition hand held scanner authority, ‘39C(4)’—
omit, insert—

39C(6)

30   Amendment of s 39C (Use of hand held scanner authorised by senior police officer)

(1)Section 39C(1)—
omit, insert—

(1)A senior police officer may authorise the use of a hand held scanner at, in or on any of the following places (each a relevant place)—

(a)a stated safe night precinct;

(b)a stated public transport station and public transport vehicles travelling to and from the station;

(c)trains or light rail vehicles travelling on a stated rail line and public transport stations along the line;

(d)stated licensed premises;

(e)stated retail premises;

(f)a stated shopping centre;

(g)a stated sporting or entertainment venue.

(2)Section 39C(2)—
insert—

(d)for licensed premises that are not in a safe night precinct, shopping centre or sporting or entertainment venue—the senior police officer has reasonable grounds to believe an offence mentioned in paragraph (a) may be committed again at the premises in the next 6 months; and

(e)for retail premises that are not in a safe night precinct, shopping centre or sporting or entertainment venue—

(i)ordinarily, at least 2 days each week, the premises are open for business at a time between midnight and 5a.m.; or

(ii)in the previous 6 months, at least 2 offences were committed at the premises by a person armed with a knife or other weapon.

(3)Section 39C(3), ‘subsection (1)’—
omit, insert—

subsection (1)(b)

(4)Section 39C—
insert—

(3A)An authority may be issued under subsection (1)(c) in relation to—

(a)a whole rail line, from the railway station at one end of the line to the railway station at the other end of the line; or

(b)a part of a rail line, from one railway station on the line to another railway station on the line.

(3B)For subsection (2), an offence is committed at a relevant place that is licensed premises or retail premises if the offence is committed at, or in the immediate vicinity of, the premises.

(5)Section 39C(3A) to (4)—
renumber as section 39C(4) to (6).

31   Amendment of s 39D (Form and effect of hand held scanner authority)

Section 39D(1)(b)—
insert—

(iii)for a hand held scanner authority issued for a rail line—the railway stations at each end of the rail line, or at each end of the part of the rail line, for which the authority is issued;

(iv)for a hand held scanner authority issued for a place mentioned in section 39C(1)(d) to (g)—the address of the place.

32   Insertion of new ss 39FA to 39FC

After section 39F—
insert—

39FA    Authorised use of hand held scanner without warrant on rail line

(1)This section applies if a hand held scanner authority is in effect for a rail line or part of a rail line.

(2)A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner—

(a)in a public place at a public transport station along the line or part of the line; or

(b)on board a train or light rail vehicle while the vehicle is travelling on the rail line or part of the line.

(3)If a police officer starts to exercise a power in relation to a person under this section or section 39G while on board a train or light rail vehicle travelling on the rail line or part of the line, the police officer may continue to exercise the power in relation to the person, even if the vehicle travels onto another rail line or another part of the rail line.

39FB    Authorised use of hand held scanner without warrant at other places

(1)This section applies if a hand held scanner authority is in effect for any of the following (the relevant place)—

(a)licensed premises;

(b)retail premises;

(c)a shopping centre;

(d)a sporting or entertainment venue.

(2)A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner—

(a)in a public place at the relevant place; or

(b)in a public place at a public transport station in or connected to the relevant place.

(3)To remove any doubt, it is declared that the hand held scanner authority issued for the relevant place does not authorise the use of a hand held scanner on board a public transport vehicle that is at the relevant place.

39FC    Notice to manager or occupier of premises

(1)Before a police officer starts making requirements of persons under section 39FB(2), the officer or another officer must, if practicable, notify a manager or occupier of the relevant place, orally or in writing, of the following—

(a)that a hand held scanner authority is in effect for the place;

(b)the time for which the authority has effect;

(c)the power given to a police officer under section 39FB(2).

Example—

It may not be practicable to notify a manager or occupier of a large shopping centre if the centre management is closed.

(2)A failure to comply with subsection (1) does not affect the lawfulness of a requirement made under section 39FB(2) or any other thing done under this part.

33   Amendment of s 39G (Requirements if hand held scanner indicates metal)

Section 39G(2), note 1, ‘section 39F(3)’—
omit, insert—

sections 39F(3) and 39FA(3)

34   Amendment of s 39I (Meaning of hand held scanner information notice)

Section 39I(a)—
omit, insert—

(a)the person is—

(i)in a public place in a safe night precinct; or

(ii)in a public place at a public transport station; or

(iii)on board a public transport vehicle within 1 scheduled stop of a particular public transport station; or

(iv)on board a train or light rail vehicle travelling on a particular rail line; or

(v)in a public place at licensed premises; or

(vi)in a public place at retail premises; or

(vii)in a public place at a shopping centre; or

(viii)in a public place at a sporting or entertainment venue; and

35   Amendment of s 39J (Notice of hand held scanner authority to be published)

(1)Section 39J(2)(a)—
omit, insert—

(a)the relevant details under section 39D(1)(b)(i) to (iv) of the place for which the authority is issued; and

(2)Section 39J(2)(c)—
insert—

(iii)if the authority applied to licensed premises to which section 39C(2)(d) applies—the grounds on which the senior police officer held the belief mentioned in that paragraph; and

(iv)if the authority applied to retail premises to which section 39C(2)(e) applies—the offences mentioned in section 39C(2)(e)(ii) that were known to the senior police officer.

36   Amendment of s 39L (Expiry of particular provisions)

(1)Section 39L, ‘30 April 2025’—
omit, insert—

30 October 2026

(2)Section 39L(c)—
insert—

•adjacent public area

•licensed premises, paragraph (c)

•public carpark

•retail premises

•shopping centre

•sporting or entertainment venue

37   Amendment of s 808C (Annual report to include information about authorisation of hand held scanners)

Section 808C(1)(b), ‘and public transport stations’—
omit, insert—

, public transport stations and rail lines, and the addresses of the licensed premises, retail premises, shopping centres and sporting or entertainment venues,

38   Amendment of sch 6 (Dictionary)

(1)Schedule 6—
insert—

adjacent public area, for chapter 2, part 3A, see section 39A.

public carpark, for chapter 2, part 3A, see section 39A.

retail premises, for chapter 2, part 3A, see section 39A.

shopping centre, for chapter 2, part 3A, see section 39A.

sporting or entertainment venue, for chapter 2, part 3A, see section 39A.

(2)Schedule 6, definition hand held scanner authority, ‘39C(4)’—
omit, insert—

39C(6)

(3)Schedule 6, definition licensed premises—
insert—

(c)for chapter 2, part 3A, see section 39A.

Subdivision 2 Amendment of Weapons Act 1990

39   Act amended

This subdivision amends the Weapons Act 1990.

40   Amendment of s 51 (Possession of a knife in a public place or a school)

(1)Section 51(1), penalty—
omit, insert—

Maximum penalty—

(a)for a first offence—50 penalty units or 18 months imprisonment; or

(b)for a second or later offence—100 penalty units or 2 years imprisonment.

(2)Section 51—
insert—

(1A)If the offender publishes material on a social media platform or an online social network to—

(a)advertise the offender’s involvement in the offence; or

(b)advertise the act or omission constituting the offence;

      the offender is liable to a maximum penalty of—

(c)for a first offence—100 penalty units or 2 years imprisonment; or

(d)for a second or later offence—150 penalty units or 30 months imprisonment.

(3)Section 51(2), example for subsection (2)(a), ‘subsection (2)(a)’—
omit, insert—

paragraph (a)

(4)Section 51(2), example for subsection (2)(b), ‘subsection (2)(b)’—
omit, insert—

paragraph (b)

(5)Section 51(2), example for subsection (2)(c), ‘subsection (2)(c)’—
omit, insert—

paragraph (c)

(6)Section 51(2), example for subsection (2)(d), ‘subsection (2)(d)’—
omit, insert—

paragraph (d)

(7)Section 51(7)—
insert—

advertise means attract the notice and attention of the public or a limited section of the public.

material includes an electronic document.

(8)Section 51(1A) to (7)—
renumber as section 51(2) to (8).

Division 4 Weapons safety

Subdivision 1 Amendment of Explosives Act 1999

41   Act amended

This subdivision amends the Explosives Act 1999.

42   Insertion of new s 43A

After section 43—
insert—

43A   Requirement to check licence or authority for sale of small arms ammunition

(1)This section applies to a person who sells an explosive that is small arms ammunition (a seller) to another person (a buyer) if the buyer holds—

(a)a license under the Weapons Act 1990 that authorises the buyer to possess and use a firearm; or

(b)an interstate firearms authority that is taken, under the Weapons Act 1990, section 32(2), to authorise the buyer to possess and use a firearm; or

(c)an authority under this Act that authorises the buyer to sell, store or use small arms ammunition.

(2)The seller must not sell the small arms ammunition to the buyer unless—

(a)the seller has seen the buyer’s licence or authority; and

(b)if a verification system is prescribed by regulation for the licence or authority—

(i)if the verification system is available for use by the seller—the seller has verified the validity of the licence or authority using the verification system; or

(ii)if the verification system is not available for use by the seller—the seller has recorded the information required under subsection (3).

Maximum penalty—140 penalty units.

(3)For subsection (2)(b)(ii), the following information must be recorded for each transaction for the sale of the small arms ammunition to a buyer—

(a)the date and time of the transaction;

(b)the type and quantity of the ammunition;

(c)the name and address of the buyer;

(d)the buyer’s licence number or authority number;

(e)the expiry date of the buyer’s licence or authority;

(f)if the licence or authority is an interstate firearms authority—the state that issued the interstate firearms authority;

(g)if the verification system is not available for use by the seller in the circumstances mentioned in subsection (3B)(b)—

(i)the reason the seller is unable to access the internet, if known; and

(ii)the seller’s internet service provider.

(3A)If a seller sells small arms ammunition to a buyer when a verification system prescribed under subsection (2)(b) is not available for use by the seller, the seller must—

(a)as soon as practicable after the system becomes available for use by the seller, verify the validity of the licence or authority using the verification system; and

(b)if the verification system indicates the buyer’s licence or authority is not valid—immediately report the transaction to police.

Maximum penalty—140 penalty units.

(3B)For this section, a verification system is not available for use by a seller if—

(a)the system is not operational; or

(b)the seller is unable to access the internet because of an event out of the seller’s control.

Example for paragraph (b)—

a power outage that causes the seller’s internet to be inaccessible

(4)In this section—

firearm see the Weapons Act 1990, schedule 2, definition firearm, paragraphs 1 and 2.

interstate firearms authority means a licence, permit or authority mentioned in the Weapons Act 1990, section 32(1).

verification system means an electronic system for verifying the validity of a licence or authority mentioned in subsection (1).

Subdivision 2 Amendment of Judicial Review Act 1991

43   Act amended

This subdivision amends the Judicial Review Act 1991.

44   Amendment of sch 2 (Decisions for which reasons need not be given)

Schedule 2, section 5A—

omit, insert—

5A   Particular decisions under the Weapons Act 1990

(1)Decisions relating to whether a person is a fit and proper person for the purposes of the Weapons Act 1990 if the decision is made on the basis of—

(a)criminal intelligence; or

(b) other information mentioned in section 10B(1)(ca) or 10C(1) of that Act that is not publicly available.

(2)Decisions under the Weapons Act 1990, part 5A relating to the making or review of a firearm prohibition order, if the decision is made on the basis of criminal intelligence.

(3)In this section—

criminal intelligence see the Weapons Act 1990, schedule 2.

Subdivision 3 Amendment of Police Powers and Responsibilities Act 2000

45   Act amended

This subdivision amends the Police Powers and Responsibilities Act 2000.

46   Amendment of s 715 (What is the appointed day for disposal of weapons under s 714)

(1)Section 715(b), before ‘3 months’—
insert—

the day that is

(2)Section 715—
insert—

(ba)for a weapon given to or seized by a police officer under the Weapons Act 1990, section 141W because a firearm prohibition order was made—the day that is 3 months after the day the order takes effect; or

(3)Section 715(ba) and (c)—
renumber as section 715(c) and (d).

47   Amendment of s 740 (Public interest monitor)

Section 740(1)—
insert—

(e)the making of firearm prohibition orders under the Weapons Act 1990, part 5A.

48   Amendment of s 742 (Monitor’s functions)

Section 742(4)—
insert—

(g)to gather statistical information about the use and effectiveness of firearm prohibition orders made under the Weapons Act 1990, part 5A;

(h)to monitor compliance by police officers with the Weapons Act 1990, part 5A, division 4;

(i)whenever the public interest monitor considers it appropriate—to give to the commissioner a report on noncompliance by police officers with the Weapons Act 1990, part 5A, division 4.

49   Amendment of s 743 (Monitor’s annual report)

Section 743—
insert—

(3BA)Also, a report relating to a year must include the following matters relating to firearm prohibition orders made under the Weapons Act 1990, part 5A—

(a)the number of firearm prohibition orders—

(i)made under section 141G of that Act during the year; or

(ii)made under section 141H of that Act during the year; or

(iii)revoked during the year under section 141G(5) or 141H(7) of that Act;

(b)the number of appeals started under part 5A, division 6 of that Act during the year against the making of a firearm prohibition order under section 141G of that Act;

(c)the number of appeals started under part 5A, division 6 of that Act during the year against the making of a firearm prohibition order under section 141H of that Act;

(d)the number of charges made during the year for the following offences if the charge arises from a search under part 5A, division 4 of that Act—

(i)an offence under that Act;

(ii)an offence under another law;

(e)the number of firearms and firearm related items seized under part 5A, division 4 of that Act in the year;

(f)the number of firearms and firearm related items given to or seized by a police officer under section 141W of that Act in the year;

(g)the extent of compliance by the police service with part 5A, division 4 of that Act;

(h)the use of firearm prohibition orders generally.

50   Amendment of s 809 (Regulation-making power)

Section 809(2)(a)—
insert—

(iv)other persons involved in the administration of this Act; or

51   Amendment of sch 1 (Acts not affected by this Act)

Schedule 1—
insert—

Weapons Act 1990, part 5A

52   Amendment of sch 6 (Dictionary)

(1)Schedule 6, definition enforcement act, paragraph (h), after ‘warrant,’—
insert—

missing person warrant,

(2)Schedule 6, definition enforcement act, paragraph (w)—
omit, insert—

(w)the removal of an entrant to a state building, or the prevention of an entrant to a state building from entering the state building, under section 557;

(3)Schedule 6, definition missing person warrant, ‘, for chapter 7, part 3A,’—
omit.

(4)Schedule 6, definition responsibilities code, from ‘prescribed’—
omit, insert—

and other persons involved in the administration of this Act prescribed by regulation.

Subdivision 4 Amendment of Weapons Act 1990

53   Act amended

This subdivision amends the Weapons Act 1990.

54   Insertion of new pt 1, div 1, hdg

Part 1, before section 1—
insert—

Division 1 Introduction

55   Insertion of new pt 1, div 2, hdg

Part 1, after section 4—
insert—

Division 2 Interpretation

56   Insertion of new ss 5A–5D

After section 5—
insert—

5A   Meaning of class A serious offence

(1)A class A serious offence is—

(a)an offence against any of the following provisions of the Criminal Code—

(i)section 302;

(ii)section 303;

(iii)section 320;

(iv)section 323;

(v)section 409, if—

(A)the offender is or pretends to be armed with any dangerous or offensive weapon or instrument; or

(B)at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person; or

(b)an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a).

(2)An offence against a provision of the Criminal Code mentioned in subsection (1)(a) is a class A serious offence regardless of whether the provision has been amended from time to time or numbered differently.

5B   Meaning of class B serious offence

(1)A class B serious offence is—

(a)an offence against a provision of an Act mentioned in schedule 1AA subject to any circumstance, stated for the offence in the schedule, that applies to the offence; or

(b)an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a).

(2)An offence against a provision of an Act mentioned in schedule 1AA is a class B serious offence regardless of whether the provision has been amended from time to time or numbered differently.

5C   Meaning of class C serious offence

(1)A class C serious offence is an offence under a law of Queensland or another jurisdiction that—

(a)relates to the misuse of drugs; or

(b)involves the use or threatened use of violence; or

(c)involves the carriage, discharge, possession or use of a weapon.

(2)However, an offence is not a class C serious offence if it is a class A serious offence or a class B serious offence.

5D   Meaning of disqualified person

(1)A disqualified person is a person who—

(a)is a reportable offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004; or

(b)is or has been subject to a firearm prohibition order made under section 141H; or

(c)is or has been subject to an order made under a law of another jurisdiction that corresponds to a firearm prohibition order; or

(d)is or has been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003; or

(e)has been convicted of a serious violent offence under the Penalties and Sentences Act 1992, section 161A.

(2)However—

(a)a person who is or has been subject to an order mentioned in subsection (1)(b) or (c) is not a disqualified person if, when the order was made, the person was a child; and

(b)a person who has been subject to an order mentioned in subsection (1)(b), (c) or (d) is not a disqualified person if the decision to make the order was revoked or set aside on review or appeal.

57   Amendment of s 10 (Limitations on issue of licence)

Section 10(2)(e)—
insert—

Note—

See also sections 10B and 10C.

58   Amendment of s 10B (Fit and proper person—licensees)

Section 10B(2) to (5)—
omit, insert—

(2)Subsections (3) to (5) apply in relation to the issue, renewal or revocation of a licence.

(3)A person is not a fit and proper person to hold or continue to hold the licence if the person—

(a)is a disqualified person; or

(b)is prevented by an order of a court, other than a temporary protection order, from holding or obtaining a licence or possessing a weapon.

(4)A person is not a fit and proper person to hold or continue to hold the licence if, within 10 years before the relevant day, the person—

(a)has been convicted of a class A serious offence or a class B serious offence; or

(b)has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or

(c)has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.

(5)A person is not a fit and proper person to hold or continue to hold the licence if, within 5 years before the relevant day—

(a)the person—

(i)has been convicted of a class C serious offence; or

(ii)has been released from lawful custody in relation to a conviction for a class C serious offence; or

(iii)has been subject to a supervision order in relation to a conviction for a class C serious offence; or

(b)a domestic violence order, other than a temporary protection order, has been made against the person.

(6)Also, for the issue, renewal, suspension or revocation of a dealer’s licence, a person is not, or is no longer, a fit and proper person to hold or continue to hold the licence unless each associate of the person is a fit and proper person to be an associate of a licensed dealer under section 10C.

(7)For subsections (4) and (5), the conviction—

(a)must be a recorded conviction; and

(b)may be a spent conviction.

(8)In this section—

court means—

(a)the Magistrates Court or another Queensland court; or

(b)a court of another jurisdiction.

relevant day means—

(a)in relation to the issue or renewal of a licence—the day the application for the issue or renewal of the licence is made; or

(b)in relation to the revocation of a licence—the day the licensee is given a revocation notice under section 29 for the revocation.

59   Amendment of s 10C (Fit and proper person—licensed dealer’s associate)

Section 10C(2) and (3)—
omit, insert—

(2)A person is not a fit and proper person to be an associate of a licensed dealer if—

(a)the person is a disqualified person; or

(b)within 10 years before the relevant day, the person—

(i)has been convicted of a class A serious offence or a class B serious offence; or

(ii)has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or

(iii)has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.

(3)Also, a person is not a fit and proper person to be an associate of a licensed dealer if an authorised officer is satisfied that any relationship involving weapons between the person and the applicant or licensed dealer would be contrary to the public interest because—

(a)within 5 years before the relevant day, the person—

(i)has been convicted of a class C serious offence; or

(ii)has been released from lawful custody in relation to a conviction for a class C serious offence; or

(iii)has been subject to a supervision order in relation to a conviction for a class C serious offence; or

(b)a domestic violence order, other than a temporary protection order, has been made against the person.

(4)For subsections (2) and (3)(a), the conviction—

(a)must be a recorded conviction; and

(b)may be a spent conviction.

(5)In this section—

relevant day means—

(a)in relation to the issue or renewal of a dealer’s licence—the day an application for the issue or renewal of the licence is made; or

(b)in relation to the suspension of a dealer’s licence—the day the licensee is given a suspension notice under section 28 for the suspension; or

(c)in relation to the revocation of a dealer’s licence—the day the licensee is given a revocation notice under section 29 for the revocation.

60   Amendment of s 15 (Authorised officer decides application)

Section 15(6)(a), ‘section 10B(2)—until the day section 10B(2)’—
omit, insert—

section 10B(3), (4) or (5)—until the day the section

61   Amendment of s 18 (Renewal of licences)

Section 18(1A), ‘before’—
omit, insert—

on or before

62   Amendment of s 24 (Change in licensee’s circumstances)

Section 24(2)(a)—
omit, insert—

(a)any of the following events—

(i)a change of address for the licensee or the licensee’s representative;

(ii)a change in the mental or physical fitness of the licensee or the licensee’s representative;

(iii)the licensee or the licensee’s representative is charged with, or convicted of, a serious offence;

(iv)a domestic violence order is made against the licensee or the licensee’s representative;

(v)the licensee or the licensee’s representative becomes a disqualified person; or

63   Amendment of s 27B (Notice of intention to revoke because dealer’s associate is not fit and proper)

Section 27B(1)—
insert—

Note—

See also sections 10B and 10C.

64   Amendment of s 28 (Suspension of licence by giving suspension notice)

(1)Section 28(1)(a)(i)—
omit, insert—

(i)has been charged with a serious offence; or

(2)Section 28(1)(b), note—
omit, insert—

Note—

See also sections 10B and 10C.

65   Amendment of s 29 (Revocation of licence by giving revocation notice)

Section 29(1)(d), note—
omit, insert—

Note—

See sections 10B and 10C.

66   Amendment of s 29B (Arrangements for surrender of suspended or revoked licences and weapons)

(1)Section 29B(8), definition approved receipt—

omit.

(2)Section 29B(8), definition otherwise surrender, paragraph (b), ‘approved receipt’—
omit, insert—

transaction notification

(3)Section 29B(8), definition otherwise surrender, paragraphs (b) and (c), ‘the receipt’—
omit, insert—

the transaction notification

67   Amendment of s 32 (Temporary recognition of interstate licences for particular purposes)

Section 32(2), ‘licence’—
omit, insert—

licence, permit or authority

68   Amendment of s 50 (Possession of weapons)

Section 50, after subsection (1)—
insert—

(1AA)However, subsection (1) does not apply if—

(a)the weapon is a firearm within the meaning of part 5A; and

(b)the person is subject to a firearm prohibition order.

Note—

See section 141Y for offences relating to the possession of a firearm by a person subject to a firearm prohibition order.

69   Amendment of s 53 (An unlicensed person may use a weapon at an approved range)

(1)Section 53—
insert—

(6A)For subsection (8), definition excluded person, paragraphs (b), (c) and (d), it is irrelevant whether or not the conviction is a spent conviction, provided the conviction is recorded.

(2)Section 53(7), definition excluded person, paragraphs (a) and (b)—
omit, insert—

(a)who is a disqualified person; or

(b)who has a conviction for a class A serious offence; or

(ba)who, within 10 years before the day the person signs the approved form under this section—

(i)has been convicted of a class B serious offence; or

(ii)has been released from lawful custody in relation to a conviction for a class B serious offence; or

(iii)has been subject to a supervision order in relation to a conviction for a class B serious offence; or

(bb)who, within 5 years before the day the person signs the approved form under this section—

(i)has been convicted of a class C serious offence; or

(ii)has been released from lawful custody in relation to a conviction for a class C serious offence; or

(iii)has been subject to a supervision order in relation to a conviction for a class C serious offence; or

(3)Section 53(7), definition excluded person, paragraphs (c), (f) and (g), ‘in the 5 year period immediately’—
omit, insert—

within 5 years

(4)Section 53(7), definition excluded person, paragraphs (ba) to (h)—
renumber as paragraphs (c) to (j).

(5)Section 53(6A) and (7)—
renumber as section 53(7) and (8).

70   Amendment of s 67 (Possessing and acquiring restricted items)

(1)Section 67—
insert—

(1A)However, subsection (1) does not apply if—

(a)the restricted item is a replica of a firearm; and

(b)the person is subject to a firearm prohibition order.

Note—

See section 141Y for offences relating to the acquisition or possession of a firearm by a person subject to a firearm prohibition order.

(2)Section 67(6), ‘Subsections (3) to (5)’—
omit, insert—

Subsections (4) to (6)

(3)Section 67(7), ‘subsection (8)’—
omit, insert—

subsection (9)

(4)Section 67(1A) to (8)—
renumber as section 67(2) to (9).

71   Amendment of s 93 (How to decide whether an individual is an appropriate person)

Section 93—
insert—

(3)In this section—

criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, other than a spent conviction.

72   Amendment of s 124 (Training courses for security guards)

Section 124(2) and (3)—
omit, insert—

(2)If a person who holds a security licence (guard) intends to renew the licence, the person must complete an approved safety training course (security guard) within the period prescribed by regulation.

73   Insertion of new pt 5A

After part 5—
insert—

Part 5A    Firearm prohibition orders

Division 1 Preliminary

141C    Purpose of part

The purpose of this part is to provide for the making of firearm prohibition orders in order to—

(a)promote public safety and security; and

(b)disrupt and deter firearm related crime, including reducing the risk of firearms being used in the commission of offences.

141D    Definitions for part

In this part—

court means—

(a)in relation to a firearm prohibition order in relation to a child—the Childrens Court constituted by a Childrens Court magistrate; or

(b)otherwise—the Magistrates Court.

criminal history, of a person, means the convictions, including spent convictions, whether or not recorded, against the person for offences in Queensland or elsewhere.

firearm includes an antique firearm and a replica of a firearm.

firearm prohibition order means a firearm prohibition order under section 141G or 141H.

firearm related item means—

(a)ammunition; or

(b)a magazine for a firearm; or

(c)a silencer or another device or thing that is made or used, is capable of being used or is intended to be used for reducing the sound caused by discharging a firearm; or

(d)another thing prescribed by regulation to be a firearm related item.

Division 2 Making firearm prohibition orders

Subdivision 1 Considerations for making firearm prohibition orders

141E    Matters to consider for making firearm prohibition orders—adults

(1)This section applies if the commissioner or the court is considering whether it is in the public interest to make a firearm prohibition order in relation to an adult.

(2)The commissioner or the court may have regard to the following—

(a)the individual’s criminal history;

(b)the individual’s domestic violence history, including whether the individual—

(i)is or has been subject to a domestic violence order; or

(ii)is or has been named as a respondent in an application for a domestic violence order;

(c)whether the individual is or has been a participant in—

(i)a criminal organisation; or

(ii)a terrorist organisation;

(d)whether the individual is an associate of a recognised offender;

(e)whether the individual has communicated in a public forum, or to another person, that the individual intends or wishes to commit a serious offence;

Examples of public forums—

social media sites, online forums

(f)whether the individual is or has been subject to a relevant order made by a court and the circumstances surrounding the making of the order;

Examples of relevant court orders—

•a control order under the Criminal Code (Cwlth)

•an order made by a court under the Dangerous Prisoners (Sexual Offenders) Act 2003

(g)the individual’s behaviour, particularly violent or aggressive behaviour or behaviour involving the use of a weapon;

(h)the risk the individual poses to public safety or security, and the extent to which making the firearm prohibition order will reduce the risk;

(i)any other matter or information that indicates possession of a firearm or firearm related item by the individual would be likely to pose a risk to public safety or security.

(3)In considering a matter under subsection (2), the commissioner or the court may have regard to criminal intelligence.

(4)For this section, an individual is an associate of a recognised offender if the individual—

(a)has a romantic or familial relationship with the offender; or

(b)associates with the offender in a way that involves seeking out or accepting the offender’s company, whether the association happens in person or in another way, including, for example, electronically.

(5)In this section—

criminal organisation see the Penalties and Sentences Act 1992, section 161O.

recognised offender see the Criminal Code, section 77.

terrorist organisation see the Criminal Code (Cwlth), section 102.1(1).

141F    Matters to consider for making firearm prohibition orders—children

(1)This section applies if the commissioner or the court is considering whether it is in the public interest to make a firearm prohibition order in relation to a child.

(2)The commissioner or the court must have regard to the following matters—

(a)the desirability of strengthening and preserving the relationship between the child and their parents and family;

(b)the desirability of not interrupting or disturbing the child’s living arrangements, education, training or employment;

(c)the desirability of minimising adverse effects on the child’s reputation that may arise from making the firearm prohibition order;

(d)the age and maturity of the child.

(3)Also, the commissioner or the court may have regard to the following—

(a)the child’s criminal history;

(b)the child’s behaviour, particularly violent or aggressive behaviour, behaviour that constitutes domestic and family violence or behaviour involving the use of a weapon;

(c)the risk the child poses to public safety or security, and the extent to which making the firearm prohibition order will reduce the risk;

(d)any other matter or information that indicates possession of a firearm or firearm related item by the child would be likely to pose a risk to public safety or security.

(4)In considering a matter under subsection (3), the commissioner or the court may have regard to criminal intelligence.

Subdivision 2 Making of firearm prohibition orders

141G    Commissioner may make firearm prohibition orders

(1)The commissioner may make a firearm prohibition order prohibiting an individual from acquiring, possessing or using, or attempting to acquire, possess or use, a firearm or firearm related item.

(2)However, the commissioner may make the firearm prohibition order only if satisfied it is in the public interest to do so.

(3)Also, the commissioner may make the firearm prohibition order only if the individual is 14 years or older.

(4)The firearm prohibition order has effect for the period, of not more than 60 days, stated in the order.

Note—

For when a firearm prohibition order takes effect, see section 141J.

(5)The commissioner may revoke a firearm prohibition order made by the commissioner at any time.

141H    Court may make firearm prohibition orders

(1)The court may make a firearm prohibition order prohibiting an individual from acquiring, possessing or using, or attempting to acquire, possess or use, a firearm or firearm related item.

(2)The court may make the firearm prohibition order—

(a)on the court’s own initiative; or

Example for paragraph (a)—

on the court’s own initiative on the conviction of the individual for an offence

(b)on application by the commissioner under section 141M.

(3)However, the court may make the firearm prohibition order only if satisfied it is in the public interest to do so.

(4)Also, the court may make the firearm prohibition order only if the individual is 14 years or older.

(5)The firearm prohibition order has effect for the period of—

(a)if the individual is an adult—10 years; or

(b)if the individual is a child—5 years.

Note—

For when a firearm prohibition order takes effect, see section 141J.

(6)However, the firearm prohibition order may state that the order has effect for a shorter period if the court is satisfied the shorter period is appropriate in the circumstances, having regard to the risk the individual poses to public safety or security.

(7)The court may revoke a firearm prohibition order made by the court only if—

(a)the commissioner applies for the revocation; or

(b)the order is in relation to a child and has been reviewed under division 5.

141I    Content of firearm prohibition orders

A firearm prohibition order must state the following—

(a)information identifying the individual the subject of the order;

(b)the day the order is made;

(c)the period the order has effect;

(d)the effect of division 3, including that a person may commit an offence and be subject to a penalty under that division;

(e)that police may conduct searches under division 4;

(f)that the individual may appeal against the decision to make the order;

(g)how, and the period within which, the individual may appeal.

141J    When firearm prohibition orders take effect

A firearm prohibition order in relation to an individual takes effect—

(a)if the order is made by the court and the individual is present in court when the order is made—when the order is made; or

(b)otherwise—when a police officer serves the order or a copy of the order on the individual under section 141P.

141K    Parent and particular chief executives to be notified of orders in relation to children

(1)This section applies if a firearm prohibition order takes effect in relation to a child.

(2)A police officer must, as soon as reasonably practicable, notify the following persons of the order—

(a)a parent of the child, unless no parent of the child can be contacted after making all reasonable inquiries;

(b)the chief executive (communities) or a person, nominated by that chief executive for the purpose, who holds an office within the department for which the chief executive has responsibility;

(c)if the chief executive (child safety) has custody or guardianship of the child under the Child Protection Act 1999, that chief executive or a person, nominated by that chief executive for the purpose, who holds an office in the department for which the chief executive has responsibility.

(3)If no parent of the child can be contacted after making all reasonable inquiries, a police officer must make a record of the inquiries made.

(4)In this section—

chief executive (child safety) means the chief executive of the department in which the Child Protection Act 1999 is administered.

chief executive (communities) means the chief executive of the department in which the Youth Justice Act 1992 is administered.

parent—

(a)means a parent within the meaning of the Youth Justice Act 1992, schedule 4; and

(b)includes a person who is apparently a parent of a child.

141L    Further firearm prohibition orders may be made

(1)The expiry of a firearm prohibition order in relation to an individual does not prevent the commissioner or the court from making a further firearm prohibition order in relation to the individual.

(2)Subsection (3) applies if an individual has been subject to a firearm prohibition order made by the commissioner within the previous 12 months.

(3)Despite subsection (1), the commissioner may not make a further firearm prohibition order in relation to the individual unless the commissioner reasonably believes an application to the court for a firearm prohibition order in relation to the individual under section 141M may not be decided sufficiently quickly by the court to ensure public safety or security.

(4)The commissioner must apply to the court for a firearm prohibition order in relation to the individual under section 141M within 3 business days after the day the further firearm prohibition order is made under subsection (3).

Subdivision 3 Applications to court for firearm prohibition orders

141M    Applications to court by commissioner

(1)The commissioner may apply to the court for a firearm prohibition order to be made in relation to an individual.

(2)The application must state the following—

(a)information identifying the individual;

(b)the reasons why the commissioner considers it is in the public interest to make the firearm prohibition order, including the facts and circumstances in support of the reasons;

(c)that the individual may respond to the application under section 141N;

(d)the commissioner’s address for service of any response to the application;

(e)that if the individual does not appear at the hearing of the application, a firearm prohibition order may be made in the individual’s absence;

(f)if the individual is subject to a firearm prohibition order made by the commissioner—that, unless the court orders otherwise, the order remains in effect until—

(i)a firearm prohibition order made by the court takes effect; or

(ii)if no firearm prohibition order is made by the court—the application is finally determined by the court or is withdrawn.

(3)The application must be accompanied by any affidavit the commissioner intends to rely on at the hearing of the application.

(4)The commissioner must give the individual a copy of the application and any accompanying affidavit as soon as reasonably practicable after the application is made.

141N    Responses to applications

(1)The individual may respond to the application by filing a response with the court.

(2)The response must—

(a)state the nature of the response; and

(b)state the facts and circumstances relied on by the individual in responding to the application; and

(c)be accompanied by any affidavit the individual intends to rely on at the hearing of the application.

(3)The individual must, as soon as practicable after the response is filed, give the commissioner a copy of the response and any accompanying affidavit by leaving the documents at, or sending them to, the address for service stated in the application.

141O    Continuation of firearm prohibition orders if application made to court

(1)This section applies if, when the application is made, the individual is subject to a firearm prohibition order made by the commissioner.

(2)Unless the court orders otherwise, the firearm prohibition order made by the commissioner continues in effect until—

(a)a firearm prohibition order made by the court takes effect; or

(b)if no firearm prohibition order is made by the court—the application is finally determined by the court or is withdrawn.

(3)Subsection (2) applies despite section 141G(4).

Subdivision 4 Service of firearm prohibition orders and directions relating to service

141P    Personal service of firearm prohibition orders

(1)This section applies if a firearm prohibition order is made in relation to an individual—

(a)by the commissioner; or

(b)by the court and the individual is not present in court when the order is made.

(2)A police officer must—

(a)serve the firearm prohibition order, or a copy of the order, personally on the individual the subject of the order; and

(b)tell the individual on whom the order or copy is served that the order is a firearm prohibition order.

(3)However, if the individual does not accept the firearm prohibition order, the police officer may serve the order on the individual by—

(a)putting the order, or a copy of the order, down in the individual’s presence; and

(b)telling the individual that the order is a firearm prohibition order.

(4)If practicable, service under this section must be electronically recorded by a police officer.

(5)In this section—

electronically recorded see the Police Powers and Responsibilities Act 2000, schedule 6.

141Q    Power to give directions to facilitate personal service of firearm prohibition orders

(1)This section applies if—

(a)a firearm prohibition order is made in relation to an individual—

(i)by the commissioner; or

(ii)by the court and the individual is not present in court when the order is made; and

(b)a police officer reasonably suspects an individual is the individual the subject of the order.

(2)A police officer may, for the purpose of enabling a police officer to serve the firearm prohibition order under section 141P, do any of the following—

(a)if it is necessary to confirm the identity of the individual—direct the individual—

(i)to state the individual’s name and address; and

(ii)to give evidence of the stated name and address if, in the circumstances, it would be reasonable to expect the individual to be in possession of the evidence;

(b)direct the individual to remain at a stated appropriate place at or near the individual’s current location for a stated period;

(c)direct the individual to attend a stated police station immediately or within a stated period;

(d)direct the individual to accompany a police officer to the nearest police station or another stated place.

(2A)A direction under subsection (2) may be given only if the police officer considers it is reasonably necessary to enable service of the firearm prohibition order.

(3)In giving the direction, the police officer must tell the individual the following matters—

(a)why the individual is being given the direction;

(b)if the direction is to accompany a police officer to a place—

(i)where the place is; and

(ii)how the individual is to move to the place, including whether a police officer will remain in the presence of the individual; and

(iii)that the individual may be searched before being transported to the place by a police officer; and

(iv)that the individual may be directed to leave, at the individual’s current location, anything found in the search that may be used to cause harm to the individual or another person; and

(v)that anything found in the search may be seized if a police officer reasonably suspects the thing is evidence of the commission of an offence;

(c)that the individual is not under arrest or in custody while complying with the direction.

141R    Limits on directions

(1)For a direction given under section 141Q(2)(b), the period an individual may be directed to remain at a place is—

(a)1 hour; or

(b)a longer period, of not more than 2 hours, if the longer period is reasonably necessary in the circumstances for enabling service of a firearm prohibition order on the individual personally.

(2)For a direction given under section 141Q(2)(c) or (d), the stated place must be within a reasonable distance of the individual’s current location, having regard to the particular circumstances.

141S    Powers relating to particular directions

(1)This section applies if—

(a)a police officer directs an individual under section 141Q(2)(d) to accompany a police officer to a place; and

(b)the individual is to be transported by a police officer to the place.

(2)Before the individual is transported to the place, a police officer may—

(a)search the individual for anything in the individual’s possession that may be used to cause harm to the individual or another person; and

Note—

See the Police Powers and Responsibilities Act 2000, chapter 20, part 3 for safeguards that apply to a search under this paragraph.

(b)direct the individual to leave at the individual’s current location a thing found in the search that may be used to cause harm to the individual or another person; and

(c)seize a thing found in the search that the police officer reasonably suspects is evidence of the commission of an offence.

(3)A thing seized under subsection (2)(c) is, for the Police Powers and Responsibilities Act 2000, section 622, taken to have been seized under that Act.

141T    Offence warning

(1)A police officer giving a direction to an individual under section 141Q(2) or 141S(2)(b) must warn the individual—

(a)it is an offence not to comply with the direction unless the individual has a reasonable excuse; and

(b)the individual may be arrested for the offence.

(2)The police officer must give the individual a reasonable opportunity to comply with the direction.

(3)If the individual fails to comply with the direction, a police officer must, if practicable—

(a)repeat the warning mentioned in subsection (1); and

(b)give the individual a further reasonable opportunity to comply with the direction.

141U    Offence to contravene direction

(1)An individual must comply with a direction given to the individual under section 141Q(2) or 141S(2)(b) unless the individual has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)However, an individual does not commit an offence against subsection (1) unless—

(a)the individual is the individual the subject of the firearm prohibition order to which the direction relates and the order has not been served on the individual under section 141P; and

(b)the individual has been given a warning under section 141T(1) in relation to the direction.

Division 3 Effect of firearm prohibition orders and offences

141V    Licenses, permits and approvals automatically revoked if firearm prohibition order made

(1)This section applies if a firearm prohibition order is made in relation to an individual.

(2)A licence, permit or approval held by the individual is automatically revoked.

(3)A licence, permit or approval held by a body, whether incorporated or unincorporated, is automatically revoked if the individual is the body’s representative.

(4)The revocation takes effect—

(a)if the firearm prohibition order is made by the court and the individual is present in court when the order is made—on the making of the order; or

(b)otherwise—when a police officer serves the order or a copy of the order on the individual under section 141P.

(5)In this section—

approval means an approval granted by an authorised officer under this Act and in force at the material time.

permit means a permit issued under this Act and in force at the material time.

141W    Surrender of authorities, firearms and firearm related items

(1)This section applies to an individual the subject of a firearm prohibition order.

(2)When the firearm prohibition order takes effect, the individual must immediately give to a police officer a relevant authority held by the individual that is in the individual’s physical possession.

Maximum penalty—50 penalty units or 12 months imprisonment.

(3)When the firearm prohibition order takes effect, the individual must also immediately give to a police officer any firearm or firearm related item the individual physically possesses.

Notes—

1See section 141Y(1) and (2) for offences relating to the possession of a firearm or firearm related item by an individual subject to a firearm prohibition order.

2See also section 141Y(3) and (4).

(4)If the individual can not immediately give a police officer a relevant authority held by the individual or a firearm or firearm related item in the individual’s possession, a police officer may direct the individual—

(a)to give the authority, firearm or firearm related item to a police officer in a stated way and within a stated reasonable period of not more than 24 hours after the direction is given; or

(b)to give information about the location of the authority, firearm or firearm related item and any other information necessary to enable a police officer to locate and seize it; or

(c)to accompany a police officer to the location of the authority, firearm or firearm related item so it can be given to or seized by the police officer.

Example of when a firearm can not be immediately given—

A police officer serves a firearm prohibition order on an individual at a place that is not the individual’s home and a firearm the individual possesses is stored at the individual’s home.

(5)The individual must comply with a direction given to the individual under subsection (4).

Maximum penalty—50 penalty units or 12 months imprisonment.

(6)In this section, a reference to a relevant authority held by the individual includes—

(a)a reference to a relevant authority held by a body, whether incorporated or unincorporated, if the individual is the body’s representative; and

(b)a reference to a relevant authority, including a relevant authority to which paragraph (a) applies, that has been automatically revoked under section 141V.

(7)In this section—

approval means an approval granted by an authorised officer under this Act and in force at the material time.

permit means a permit issued under this Act and in force at the material time.

relevant authority means—

(a)a licence, permit or approval; or

(b)an authority under the Explosives Act 1999 which authorises a person to purchase small arms ammunition under that Act.

141X    Collection of firearms in particular circumstances

(1)This section applies if an individual—

(a)gives a firearm to a police officer under section 141W(3) or (4)(a); or

(b)complies with a direction under section 141W(4)(b) or (c) in relation to a firearm.

(2)The individual may, within 3 months after the day the firearm is given to or seized by a police officer, make arrangements with a police officer for a licensed dealer or licensed armourer to collect the firearm if the individual—

(a)has consigned the firearm to the licensed dealer or licensed armourer for sale; and

(b)has given the police officer a copy of the transaction notification for the consignment.

141Y    Acquiring, possessing and using firearms and firearm related items

(1)An individual who is subject to a firearm prohibition order must not—

(a)acquire, possess or use a firearm; or

(b)attempt to acquire, possess or use a firearm.

Maximum penalty—500 penalty units or 13 years imprisonment.

(2)An individual who is subject to a firearm prohibition order must not—

(a)acquire, possess or use a firearm related item; or

(b)attempt to acquire, possess or use a firearm related item.

Maximum penalty—200 penalty units or 5 years imprisonment.

(3)However, an individual does not contravene subsection (1)(a) or (2)(a) in relation to a firearm or firearm related item if—

(a)the firearm or firearm related item is in the individual’s possession when the firearm prohibition order takes effect; and

(b)either—

(i)the individual gives the firearm or firearm related item to a police officer under section 141W(3) or (4)(a); or

(ii)the individual complies with a direction under section 141W(4)(b) or (c), enabling a police officer to seize or otherwise take the firearm or firearm related item.

(4)For this section, an individual is taken to possess a firearm or firearm related item if there is proof that, at the material time, the firearm or firearm related item was in or on a place at which the individual resided or of which the individual was the owner or the occupier or concerned in the management or control.

(5)However, it is a defence to an offence against subsection (1) or (2) for the individual to prove the individual did not know and did not have reason to suspect that the firearm or firearm related item was in or on a place mentioned in subsection (4).

(6)In this section—

resided, in relation to a place, includes slept at the place on a regular or frequent basis.

141Z    Supply of firearms and firearm related items

A person must not supply a firearm or firearm related item to an individual subject to a firearm prohibition order if the person knows the individual is subject to the order.

Maximum penalty—

(a)for a firearm—500 penalty units or 13 years imprisonment; or

(b)for a firearm related item—200 penalty units or 5 years imprisonment.

141ZA    Attending particular premises and events

(1)An individual who is subject to a firearm prohibition order must not attend—

(a)a place endorsed on a dealer’s licence or an armourer’s licence under section 16(1)(b)(iii); or

(b)an arms fair approved under section 79(2); or

(c)an event or meeting held by an approved historical society; or

(d)an approved range; or

(e)a shooting gallery approved under section 111; or

(f)a shooting range; or

(g)an event or meeting held by a shooting club; or

(h)premises or an event prescribed by regulation.

Maximum penalty—50 penalty units or 12 months imprisonment.

(2)For subsection (1)(h), a regulation may prescribe premises or an event only if the commissioner is satisfied a firearm or firearm related item is likely to be stored or present on the premises, or on the premises at which the event is held.

141ZB    Notifying commissioner of change of address

An individual subject to a firearm prohibition order must give the commissioner written notice of a change to the individual’s residential address within 24 hours of the change occurring.

Maximum penalty—100 penalty units.

Division 4 Powers relating to firearm prohibition orders

141ZC    Definition for division

In this division—

vehicle means—

(a)a vehicle under the Transport Operations (Road Use Management) Act 1995; or

(b)an aircraft; or

(c)a train; or

(d)a tram; or

(e)a vessel.

141ZD    When powers may be exercised

(1)A police officer may, without a warrant or consent, exercise a power under this division if the exercise of the power is reasonably required to determine whether an individual subject to a firearm prohibition order is committing an offence under section 141Y(1) or (2).

(2)The police officer may exercise the power with the assistance of another police officer.

141ZE    Power to search individuals

A police officer may do the following in relation to an individual subject to a firearm prohibition order—

(a)stop and detain the individual;

(b)search the individual and anything in the individual’s possession for a firearm or firearm related item.

Note—

See the Police Powers and Responsibilities Act 2000, chapter 20, part 3 for safeguards that apply to a search under this section.

141ZF    Power to search vehicles

(1)This section applies in relation to a vehicle if an individual who is subject to a firearm prohibition order—

(a)is the registered operator of the vehicle; or

(b)is driving or riding the vehicle, or is in charge or control of the vehicle; or

(c)is a passenger in or on the vehicle; or

(d)ordinarily has access to, or use of, the vehicle.

(2)A police officer may do the following in relation to the vehicle—

(a)stop the vehicle;

(b)detain the vehicle and anyone in or on the vehicle;

(c)search the vehicle and anything in or on the vehicle for a firearm or firearm related item.

(3)In this section—

registered operator, of a vehicle, see the Transport Operations (Road Use Management) Act 1995, schedule 4.

141ZG    Power to search premises

(1)A police officer may enter and search relevant premises for a firearm or firearm related item.

(2)In this section—

relevant premises means—

(a)premises owned or occupied by, or in the care or under the control or management of, an individual subject to a firearm prohibition order; or

(b)premises at which an individual subject to a firearm prohibition order resides; or

(c)a vehicle on premises mentioned in paragraph (a) or (b).

resides, in relation to premises, includes sleeps at the premises on a regular or frequent basis.

141ZH    Power to seize items

(1)A police officer may seize a firearm or firearm related item found during a search under this division.

(2)A thing seized under this section is, for the Police Powers and Responsibilities Act 2000, section 622, taken to have been seized under that Act.

Division 5 Annual review of firearm prohibition orders in relation to children

141ZI    Application of division

This division applies if—

(a)a child is subject to a firearm prohibition order made under section 141H; and

(b)either—

(i)the order has been in effect for more than 1 year; or

(ii)the order has been in effect for more than 1 year since it was last reviewed under this division.

141ZJ    Applications for review by commissioner

(1)The commissioner must apply to the court for a review of the firearm prohibition order.

(2)The application must be made not later than—

(a)if section 141ZI(b)(i) applies—the day that is 7 days after the first anniversary of the day the firearm prohibition order took effect; or

(d)if the decision is not to change the decision the subject of the review application—inform the detainee of the right of review under subdivision 6.

276M    When detainee may be transferred

(1)After the review application has been decided, the chief executive must not transfer the detainee to a corrective services facility in accordance with the prison transfer notice that is the subject of the application before—

(a)if the chief executive decides to temporarily delay the transfer—the new transfer day decided under section 276L(1)(a); or

(b)if the chief executive decides not to change the decision the subject of the review application—the day that is 10 business days after the day the detainee consulted a lawyer, or refused to consult a lawyer, in accordance with section 276L(3)(c).

(2)However, if the chief executive decides not to transfer the detainee to a corrective services facility, the chief executive must not transfer the detainee to a corrective services facility.

(3)Subsection (1) does not apply if the detainee is transferred to the corrective services facility earlier with the detainee’s agreement.

276N    Chief executive’s power to give new prison transfer notice—significant change in circumstances

(1)After deciding the review application, the chief executive may give the detainee a further prison transfer notice (a new prison transfer notice) only if the chief executive is satisfied there has been a significant change in circumstances of the detainee since the chief executive made the decision.

(2)If the chief executive is satisfied there has been a significant change in circumstances of the detainee since the making of the decision, the new prison transfer notice must state the significant change in circumstances.

(3)If the new prison transfer notice is given to the detainee—

(a)subdivisions 2 and 3 apply, for the giving of the notice, as if the notice were given under section 276F(1)(a) except that the transfer day stated in the notice must be at least 1 month after the new prison transfer notice is given; and

(b)the prison transfer notice that was the subject of the review application ceases to have effect.

Subdivision 5 Temporary delay of transfer—application to sentencing court

276O    Persons to whom subdivision applies

This subdivision applies if, when a court makes a detention order against a person for an offence, the person becomes liable to be transferred to a corrective services facility under section 276B.

276P    Application to sentencing court for temporary delay of transfer

The person may immediately apply to the court for an order to delay the person’s transfer to a corrective services facility for a period of 6 months or less.

276Q    Court to decide application

(1)The court may grant the application only if satisfied—

(a)there are special circumstances; and

(b)the delay would not cause the person to be detained in a detention centre after the person turns 18 years and 6 months.

(2)Without limiting the matters the court may have regard to, the court must have regard to the following matters in deciding the application—

(a)any vulnerability of the person;

(b)any interventionist, rehabilitation or similar activities being undertaken by the person and the availability of those activities if transferred;

(c)whether a decision to delay the transfer of the person would prejudice the security or good order of the detention centre at which the person is, or is to be, detained;

(d)whether a decision to delay the transfer of the person would prejudice the safety or wellbeing of any detainee at the detention centre at which the person is, or is to be, detained.

(3)If the court grants the application—

(a)the court must decide a day for the transfer of the person to a corrective services facility (the new transfer day); and

(b)the chief executive must inform the chief executive (corrective services) of the new transfer day.

(4)If the chief executive agrees to the application—

(a)subsections (1) and (2) do not apply; and

(b)the court’s proper officer may grant the application.

(5)If the court’s proper officer grants the application under subsection (4)—

(a)the court’s proper officer must decide a day for the transfer of the person to a corrective services facility (also the new transfer day); and

(b)the chief executive must inform the chief executive (corrective services) of the new transfer day.

(6)For this section, the new transfer day must be a day—

(a)no earlier than the day that is 1 month after the person becomes liable to be transferred to a corrective services facility under section 276B; and

(b)no more than 6 months after the detainee turns 18 years.

276R    When detainee may be transferred if application granted

If the court grants the application, the chief executive may transfer the person to a corrective services facility as soon as reasonably practicable on or after the new transfer day decided under section 276Q(3)(a) or (5)(a).

Subdivision 6 Review by Childrens Court of chief executive’s decision

276S    Application of subdivision

This subdivision applies if the chief executive decides, on a review application made by a detainee under subdivision 4, not to change the decision of the chief executive to give the detainee the prison transfer notice the subject of the review application.

276T    Application for review by Childrens Court

(1)The detainee may apply to the Childrens Court for a review of the chief executive’s decision.

(2)The application for review must be made within 5 business days of—

(a)if the detainee consulted a lawyer in accordance with section 276L(3)(c)—the day of the consultation; or

(b)if the detainee refused to consult a lawyer in accordance with section 276L(3)(c)—the day of the refusal.

(3)On receipt by the Childrens Court of the application, the detainee’s transfer is stayed until the application is decided, withdrawn or otherwise ends.

276U    Childrens Court to hear and decide application

(1)The Childrens Court must hear and decide a review of the chief executive’s decision by way of a fresh hearing on the merits.

(2)The Childrens Court may—

(a)decide that the detainee not be transferred to a corrective services facility; or

(b)affirm the transfer day stated in the prison transfer notice given to the detainee; or

(c)decide a new day for the transfer of the detainee to a corrective services facility for the purposes of the prison transfer notice (the new transfer day).

(3)The new transfer day must be a day—

(a)no earlier than the day the detainee becomes liable to be transferred to a corrective services facility under section 276B; and

(b)no more than 6 months after the detainee turns 18 years.

(4)The proceeding on the application must be heard by the Childrens Court constituted by a Childrens Court judge.

276V    Notice of decision to be given to chief executive (corrective services)

As soon as reasonably practicable after the Childrens Court decides a new transfer day for the detainee under section 276U(2)(c), the chief executive must inform the chief executive (corrective services) of the new transfer day.

276W    Chief executive’s power to transfer detainee

(1)The chief executive may transfer the detainee to a corrective service facility in accordance with the prison transfer notice the subject of the application as soon as reasonably practicable on or after—

(a)if the Childrens Court affirmed the transfer day stated in the prison transfer notice—the stated transfer day; or

(b)if the Childrens Court decided a new transfer day under section 276U(2)(c)—the new transfer day.

(2)Subsection (1) does not apply if the chief executive decides that the detainee not be transferred to a corrective services facility.

276X    When chief executive may give new prison transfer notice—significant change in circumstances

(1)If the Childrens Court decided that the detainee should not be transferred to a corrective services facility under section 276U(2)(a) or decided a new transfer day for the detainee under section 276U(2)(c), the chief executive may not give the detainee a further prison transfer notice (a new prison transfer notice) unless the chief executive is satisfied there has been a significant change in circumstances since the court’s decision.

(2)If the chief executive is satisfied there has been a significant change in circumstances since the court’s decision, the new prison transfer notice must state the significant change in circumstances.

(3)If the new prison transfer notice is given to the detainee—

(a)subdivisions 2 and 3 apply, for the giving of the notice, as if the notice were given under section 276F(1)(a) except that the transfer day stated in the notice must be at least 1 month after the new prison transfer notice is given; and

(b)the prison transfer notice that was the subject of the review application ceases to have effect.

Subdivision 7 Other provisions

276Y    Persons over 18 years and 6 months should not be detained at a detention centre

(1)This Act is subject to the overriding principle that it is in the best interests of the welfare of all detainees at a detention centre that persons who are 18 years and 6 months or older are not detained at the centre.

(2)To give effect to the principle—

(a)a person who is 18 years and 6 months or older must not—

(i)enter a detention centre to begin serving a period of detention; or

(ii)return to a detention centre to continue or complete a period of detention, including, for example, returning because of a contravention of a conditional release order or supervised release order; and

(b)an application for a temporary delay of a transfer and a review application is of no effect if the applicant is 18 years and 6 months or older; and

(c)an application for a temporary delay of a transfer and a review application lapses when the applicant turns 18 years and 6 months.

(3)If the application of subsection (2)(a) prevents a person from being detained at a detention centre, the person must instead be held at a corrective services facility.

(4)This section applies despite anything else in this Act.

(5)In this section—

application for a temporary delay of a transfer means an application made under subdivision 5.

review application means an application made under subdivision 4 or 6.

276Z    Application of Corrective Services Act 2006

(1)This section applies in relation to a person—

(a)who is transferred to a corrective services facility under subdivision 3, 4, 5 or 6; or

(b)who is being held at a corrective services facility under section 276Y.

(2)For holding the person at a corrective services facility—

(a)the person is taken to be a prisoner subject to the Corrective Services Act 2006; and

(b)any rights, liberties or immunities of the person as a detainee are not preserved, transferred or otherwise applicable for the person as a prisoner; and

(c)if the person is serving a period of detention, or liable to serve a period of detention—

(i)the person is liable to serve a term of imprisonment equal to the period of detention the person remains liable to serve on the transfer; and

(ii)the day the person would otherwise have been released under section 227, for the period of detention, is the day the person is to be released on parole under the Corrective Services Act 2006.

(3)However, the release of the person is subject to the Corrective Services Act 2006 as if granted under a court ordered parole order (the statutory parole order) and the provisions of that Act applying to parole orders also apply to the statutory parole order.

127   Insertion of new s 279B

After section 279A—
insert—

279B    Photographing detainees and parts of a detention centre

(1)A person must not photograph or attempt to photograph—

(a)a detainee inside a detention centre; or

(b)a part of a detention centre.

Maximum penalty (subject to part 7)—100 penalty units or 2 years imprisonment.

(2)A person does not commit an offence against subsection (1) if the person is—

(a)for subsection (1)(a)—the detainee’s lawyer; or

(b)a child advocacy officer; or

(c)a community visitor (child); or

(d)an officer of a law enforcement agency; or

(e)a person who is—

(i)a member of the UN subcommittee; or

(ii)accompanying the UN subcommittee as a UN expert, interpreter or other person assisting the subcommittee; or

(f)the human rights commissioner; or

(g)the inspector of detention services; or

(h)the ombudsman; or

(i)the public guardian; or

(j)a person who has the chief executive’s written approval to carry out the activity mentioned in subsection (1); or

(k)the chief executive, or a detention centre employee authorised by the chief executive, who is carrying out the activity under section 263A.

(3)The chief executive may give approval to a person under subsection (2)(j) subject to any conditions the chief executive considers appropriate.

(4)Without limiting the matters the chief executive may have regard to, the chief executive must have regard to the following matters in deciding whether to give a person approval under subsection (2)(j)—

(a)the public interest;

(b)any vulnerability of the detainee or any other person who may be affected by the activity;

(c)the potential for the activity to prejudice current or future legal proceedings;

(d)the potential for the activity to prejudice the security or good order of a detention centre;

(e)the potential for the activity to prejudice the safety or wellbeing of the detainee or another person.

(5)In this section—

photograph includes record or create a visual image other than by photography.

128   Amendment of s 285 (When does someone gain information through involvement in the administration of this Act)

(1)Section 285(1)—
insert—

(k)a WHS entry permit holder performing a function under the Work Health and Safety Act 2011 in relation to a detention centre.

(2)Section 285(3)—
insert—

WHS entry permit holder see the Work Health and Safety Act 2011, schedule 5.

129   Amendment of s 287 (Application)

Section 287—
insert—

(2)This division also applies to a person who has gained, gains, or has access to, confidential information relating to a child for the purpose of, or in the course of, providing counselling or support to a victim of an offence.

130   Amendment of s 289 (Recording, use or disclosure for authorised purpose)

(1)Section 289—
insert—

(ca)if the person is a person mentioned in section 287(2) and the information was obtained from a victim of an offence, for the purpose of providing counselling or support to the victim; or

(2)Section 289(ca) to (i)—
renumber as section 289(d) to (j).

130A    Amendment of s 301S (Particular entities to be notified about declaration)

Section 301S(2)(g)—
omit, insert—

(g)the human rights commissioner;

131   Insertion of new pt 11, div 24

Part 11—
insert—

Division 24 Transitional provisions for Queensland Community Safety Act 2024

421   Definitions for division

In this division—

amended, for a provision in this Act, means the provision as amended by the amending Act.

amending Act means the Queensland Community Safety Act 2024.

former, for a provision of this Act, means the provision as in force immediately before the commencement.

422   Application of amended bail provisions

Amended sections 52A and 52AA apply in relation to a child in connection with a charge of an offence whether the offence was allegedly committed, or the child was charged, or any step in the proceeding was taken, before or after the commencement.

423   Application of s 56A to child remanded in custody before commencement

Section 56A applies to a child who—

(a)before the commencement, was remanded in custody; and

(b)on the commencement, is held in custody in a watch-house by the commissioner of the police service under section 56(2).

424   Application of s 210A to child sentenced to detention before commencement

Section 210A applies to a child who—

(a)before the commencement, was sentenced to serve a period of detention in a detention centre; and

(b)on the commencement, is held in a watch-house by the commissioner of the police service under section 210(2).

425   Application of amended pt 8, div 2A

Subject to sections 426 to 428, amended part 8, division 2A applies in relation to a detainee—

(a)whether the detainee started to be detained before or after the commencement; or

(b)whether the detainee started to be remanded in custody before or after the commencement.

426   Continued application of former pt 8, div 2A—existing directions and notices

(1)This section applies if—

(a)before the commencement, the chief executive—

(i)gave a prison transfer direction to a person under section 276C as in force before the commencement; or

(ii)gave a person a prison transfer notice under section 276H as in force before the commencement; and

(b)immediately before the commencement, the person is detained in a detention centre.

(2)Former part 8, division 2A continues to apply in relation to the person, as if the amending Act had not been enacted.

427   Continued application of former pt 8, div 2A—existing court orders

(1)This section applies if—

(a)before the commencement, a court decided an application in relation to a person under section 276D as in force before the commencement; and

(b)immediately before the commencement, the person is detained in a detention centre.

(2)Former part 8, division 2A continues to apply in relation to the person as if the amending Act had not been enacted.

428   Continued application of former pt 8, div 2A—existing court applications

(1)This section applies if, before the commencement—

(a)an application to a court for a temporary delay under section 276D, as in force before the commencement, had been started but not decided; or

(b)an application to the Childrens Court for a review under section 276DB or section 276J, as in force before the commencement, had been started but not decided.

(2)The court may continue to hear, and decide, the application under former part 8, division 2A as if the amending Act had not been enacted.

132   Amendment of sch 1 (Charter of youth justice principles)

(1)Schedule 1, item 18—
omit, insert—

18A child should be detained in custody—

(a)where necessary, including to ensure community safety, and where other non-custodial measures of prevention and intervention would not be sufficient; and

(b)for no longer than necessary to meet the purpose of detention.

(2)Schedule 1, item 21(f), ‘and therapeutic’—
omit, insert—

, therapeutic and disability

133   Amendment of sch 4 (Dictionary)

(1)Schedule 4, definitions detainee and prison transfer direction—
omit.

(2)Schedule 4—
insert—

detainee—

(a)generally, means a person—

(i)being held on remand, in the chief executive’s custody, in connection with a charge of an offence; or

(ii)serving a period of detention, in a detention centre, for an offence; or

(iii)otherwise being held in custody in a detention centre; and

(b)for part 8, division 2A, see section 276A.

human rights commissioner means the Human Rights Commissioner under the Anti-Discrimination Act 1991.

prison transfer notice, for part 8, division 2A, see section 276F(2).

review application, for part 8, division 2A, subdivision 4, see section 276J(2).

(3)Schedule 4, definition temporary delay, ‘subdivision 1,’—
omit.

Part 4A    Miscellanous

Division 1 Amendment of Maritime Safety Queensland Act 2002

133A   Act amended

This division amends the Maritime Safety Queensland Act 2002.

133B   Amendment of s 10 (Appointment of general manager)

Section 10(2), after ‘employed’—
insert—

as a senior executive

133C   Insertion of new s 11B

After section 11A—
insert—

11B   Acting general manager

(1)The Minister may appoint an appropriately qualified person to act in the office of general manager if—

(a)there is a vacancy in the office of general manager; or

(b)the general manager is absent from duty or, for another reason, can not perform the duties of the office.

(2)The person may be appointed to act in the office for a term of not more than 6 months.

(3)The person may be reappointed to act in the office—

(a)if the appointment is continuous on 1 or more of the person’s previous appointments as acting general manager and the total period of continuous appointments is not more than 6 months—by the Minister; or

(b)otherwise—by the Governor in Council.

(4)A person appointed or reappointed by the Minister under this section holds office on the terms and conditions, including remuneration and allowances, decided by the Minister.

(5)This section does not otherwise limit or affect the application of the Acts Interpretation Act 1954, section 24B or 25 for the appointment.

133D   Amendment of pt 5, hdg (Transitional provisions)

Part 5, heading, after ‘Transitional’—
insert—

and validation

133E   Insertion of new pt 5, div 4

Part 5—
insert—

Division 4 Validation provision for Queensland Community Safety Act 2024

22   Particular appointments to office of general manager

(1)This section applies in relation to a person who, at any time before 24 April 2024—

(a)was purportedly employed as general manager without having been appointed to the office of general manager under this Act; or

(b)was purportedly employed to act in the office of general manager without having been appointed to act in the office of general manager under this Act.

(2)It is declared that—

(a)despite section 10, the person is taken to have been validly appointed to the office of general manager, or to act in the office, under this Act for the period the person was purportedly employed as mentioned in subsection (1); and

(b)a contract of employment entered into between the person and the chief executive before 24 April 2024 is as valid as it would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the contract was entered into; and

(c)each relevant exercise of power by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act; and

(d)anything done by an entity relying on the validity of a decision made, or other thing done, before 24 April 2024 by the person or MSQ is, and always has been, as valid as it would be or would have been had the person been validly appointed to the office of general manager, or to act in the office, under this Act when the decision was made or other thing done.

(3)In this section—

done includes purportedly done.

exercise or performance includes purported exercise or performance.

made includes purportedly made.

relevant exercise of power means an exercise or performance, before 24 April 2024, of a power or function conferred on, or delegated or subdelegated to, the general manager or MSQ, including the making of a decision, under this Act or another Act.

Examples of other Acts—

•the Transport Infrastructure Act 1994

•the Transport Operations (Marine Pollution) Act 1995

•the Transport Operations (Marine Safety) Act 1994

•the domestic commercial vessel national law under the Transport Operations (Marine Safety—Domestic Commercial Vessel National Law Application) Act 2016

•the Transport Planning and Coordination Act 1994

Division 2 Amendment of Police Powers and Responsibilities Act 2000

133F   Act amended

This division amends the Police Powers and Responsibilities Act 2000.

133G   Amendment of s 609A (Use of body-worn cameras)

Section 609A, ‘or protective services officer’—
omit, insert—

, protective services officer or watch-house officer

133H   Amendment of s 149A (Definitions for chapter)

(1)Section 149A, definition specified person, item (1), after ‘established,’—
insert—

or that is otherwise lawfully seized under this Act and removed from a place,

(2)Section 149A, definition specified person, item (1), paragraph (a)—
omit, insert—

(a)a person reasonably suspected of having committed an offence in relation to which—

(i)the search warrant is or was issued; or

(ii)the crime scene is or was established; or

(iii)the device was otherwise lawfully seized under this Act and removed from the place.

133I   Amendment of s 549 (Meaning of state building)

(1)Section 549(1)(a)(ii), ‘this definition; and’—
omit, insert—

this subparagraph; or

(2)Section 549(1)(a)—
insert—

(iii)a building, or part of a building, prescribed by regulation that is located in a local government area prescribed by regulation for the purpose of this subparagraph; and

(3)Section 549(3), from ‘only if’—
omit, insert—

only if—

(a)for a building, or part of a building mentioned in subsection (1)(a)(ii)—the building or part of the building is to be used for an activity with which the State is directly concerned; or

(b)for a building, or part of a building mentioned in subsection (1)(a)(iii)—the building or part of the building is to be used for an activity with which the local government that governs the local government area is directly concerned.

133J   Insertion of new ch 24, pt 27

Chapter 24—
insert—

Part 27    Validation provision for Queensland Community Safety Act 2024

900   Validation of orders made under s 154A

(1)This section applies in relation to an order made under section 154A before the commencement.

(2)The order is, and is taken to have always been, as valid as it would have been if, at the time it was made, the definition of specified person under section 149A, as amended by the Queensland Community Safety Act 2024, was in force.

133K   Amendment of sch 6 (Dictionary)

Schedule 6, definition specified person, after ‘established,’—
insert—

or that is otherwise lawfully seized under this Act and removed from a place,

Part 5    Other amendments

134   Legislation amended

Schedule 1 amends the legislation it mentions.

Schedule 1 Other amendments

section 134

Criminal Code

1AA    Section 552A(1)(b)(iii), ‘335(2)(a)’—

omit, insert—

335(3)(a)

1AB    Section 552BA(4), definition relevant offence, paragraph (aa), ‘335(2)(a)’—

omit, insert—

335(3)(a)

1   Section 552BB, table, entry for section 408A, column 3, ‘section 408A(1A)’—

omit, insert—

section 408A(2)

2   Section 552BB, table, entry for section 408A, column 3, ‘408A(1C)(b)(i) or (ii)’—

omit, insert—

408A(4)(b)(i) or (ii)

3   Section 552BB, table, entry for section 408A, column 3, ‘408A(1C)(b)(iv)’—

omit, insert—

408A(4)(b)(iv)

4   Section 552BB, table, entry for section 419(4), columns 1 and 3, ‘419(4)’—

omit, insert—

419(5)

5   Section 758(1), ‘section 408A(1B)’—

omit, insert—

section 408A(3)

6   Section 759, ‘section 408A(1B)’—

omit, insert—

section 408A(3)

7   Section 759, ‘section 408A(1D) and (1E)’—

omit, insert—

section 408A(6) and (7)

Fire Services Act 1990

1   Section 137(3), ‘subsection (3)’—

omit, insert—

subsection (2)

2   Section 141(2), ‘section 138(2)’—

omit, insert—

section 139(2)

Police Powers and Responsibilities Act 2000

1   Sections 314(1), 808A(1) and 808B(1), after ‘each financial year,’—

insert—

but no later than 30 September,

2   Section 358(4), from ‘and within’ to ‘the financial year’—

omit, insert—

but no later than 30 September

3   Schedule 6, definitions commencement, post-amended Act and pre-amended Act—

omit.

Police Service Administration Act 1990

1   Section 4.10—

insert—

Note—

See the Weapons Act 1990, section 141ZV for limitations on the delegation of powers under section 141G of that Act.

Public Safety Preservation Act 1986

1   Section 43I(1), from ‘Within’ to ‘each financial year’—

omit, insert—

As soon as practicable after the end of each financial year, but no later than 30 September

© State of Queensland 2024