Safe Night Out Legislation Amendment Act 2014 (Qld)

Queensland Safe Night Out Legislation Amendment Act 2014 Act No. 42 of 2014

Queensland Safe Night Out Legislation Amendment Act 2014 Contents Part 1 1 2 Part 2 3 4 5 6 7 Part 3 8 9 10 11 Part 4 12 13 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of Bail Act 1980 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 Amendment of s 11 (Conditions of release on bail) . . . . . . . . . . . 19 Insertion of new s 11AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 11AB Condition requiring completion of DAAR course . . . . 20 Amendment of s 34F (Commissioner may give information about special condition of bail to licensee under Liquor Act 1992) . . . . 21 Insertion of new s 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 44 Transitional provision for Safe Night Out Legislation Amendment Act 2014. . . . . . . . . . . . . . . . . . . . . . . . . 22 Amendment of Corrective Services Act 2006 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Replacement of s 182A (Parole eligibility date for prisoner serving term of imprisonment for drug trafficking offence) . . . . . . . . . . . . 23 182A Parole eligibility date for prisoner serving term of imprisonment for other particular serious offences . . 23 Amendment of s 184 (Parole eligibility date for other prisoners) . 24 Insertion of new ch 7A, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Part 8 Transitional provision for Safe Night Out Legislation Amendment Act 2014 490D Application of s 182A . . . . . . . . . . . . . . . . . . . . . . . . . 24 Amendment of Criminal Code Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Amendment of s 72 (Affray) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

Safe Night Out Legislation Amendment Act 2014 Contents 14 15 15A 15B 15C 16 17 Part 5 18 19 20 21 Part 6 22 23 24 25 26 Part 6A 26A 26B Part 6B 26C 26D Part 7 27 Insertion of new ch 28A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 28A Unlawful striking causing death 314A Unlawful striking causing death . . . . . . . . . . . . . . . . . Amendment of s 320 (Grievous bodily harm) . . . . . . . . . . . . . . . . Amendment of s 323 (Wounding). . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 335 (Common assault) . . . . . . . . . . . . . . . . . . . Amendment of s 339 (Assaults occasioning bodily harm) . . . . . . Amendment of s 340 (Serious assaults) . . . . . . . . . . . . . . . . . . . Insertion of new ch 35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 35A Circumstance of aggravation for particular offences 365A Application of ch 35A . . . . . . . . . . . . . . . . . . . . . . . . . 365B Application of defences . . . . . . . . . . . . . . . . . . . . . . . 365C Proof of being adversely affected by an intoxicating substance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Drugs Misuse Act 1986 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 8 (Producing dangerous drugs). . . . . . . . . . . . . Amendment of s 9 (Possessing dangerous drugs). . . . . . . . . . . . Amendment of Drugs Misuse Regulation 1987 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1 (Dangerous drugs) . . . . . . . . . . . . . . . . . . . Amendment of schs 1 and 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Specified quantities for particular dangerous drugs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Specified quantities for particular dangerous drugs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Evidence Act 1977 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 21AC (Definitions for div 4A) . . . . . . . . . . . . . . . Amendment of Introduction Agents Act 2001 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 1 (Disqualifying offence provisions under the Criminal Code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Liquor Act 1992 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 25 27 27 27 27 28 28 29 29 30 31 31 31 32 32 32 33 35 36 37 37 37 37 38 Page 2 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Contents 28 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 38 29 Omission of s 4AA (Meaning of entertainment) . . . . . . . . . . . . . . 40 29A Amendment of s 9 (Ordinary trading hours) . . . . . . . . . . . . . . . . . 40 30 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 9A When a person may be taken to be unduly intoxicated 41 31 Amendment of s 13 (Exemption for the sale of liquor at fundraising event) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 32 Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . 42 33 Amendment of s 42A (Commissioner may make guidelines) . . . . 42 33A Amendment of s 46 (Orders for licensed premises etc.) . . . . . . . 43 33B Insertion of new s 46A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 46A Compliance orders for unreasonable noise . . . . . . . . 45 34 Amendment of s 50 (Application of pt 3A) . . . . . . . . . . . . . . . . . . 47 35 Amendment of s 51 (Approval of plan or revised plan) . . . . . . . . 47 36 Amendment of s 52 (Changing plan) . . . . . . . . . . . . . . . . . . . . . . 47 37 Insertion of new s 52A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 52A Commissioner may direct licensee to change plan . . 48 38 Amendment of s 53 (Recording change of plan) . . . . . . . . . . . . . 49 39 Replacement of s 54 (Conditions about approved plan) . . . . . . . 49 54 Conditions about approved plan. . . . . . . . . . . . . . . . . 49 40 Amendment of s 58 (Available licences). . . . . . . . . . . . . . . . . . . . 50 40A Amendment of s 58A (Licences subject to conditions imposed under regulation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 40B Amendment of s 64 (Authority of commercial special facility licence) 51 41 Omission of s 67AA (Principal activity is the provision of entertainment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 42 Amendment of s 67A (Principal activity is the provision of meals) 51 42A Amendment of s 67D (Restriction on grant of subsidiary on-premises licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 43 Insertion of new pt 4, div 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Division 6A Nightclub licence 83A Principal activity of a business under a nightclub licence 53 83B Authority of nightclub licence . . . . . . . . . . . . . . . . . . . 54 83C Restrictions on grant of nightclub licence. . . . . . . . . . 55 83D Restriction on sale of liquor for consumption off premises 55 44 Amendment of s 85 (Application for approval) . . . . . . . . . . . . . . . 56 45 Amendment of s 86 (Hours to which application may relate etc.) 56 2014 Act No. 42 Page 3

Safe Night Out Legislation Amendment Act 2014 Contents 46 Omission of pt 4, div 8 (Moratorium on extended trading hours approvals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 46A Amendment of s 97 (When all or part of licensed premises must be classified as high risk) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 47 Amendment of s 101 (Definitions for div 2) . . . . . . . . . . . . . . . . . 57 48 Amendment of s 105A (Additional requirement for particular applications—risk-assessed management plan) . . . . . . . . . . . . . 57 49 Insertion of new s 105B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 105B Application for adult entertainment permit requires local government consent . . . . . . . . . . . . . . . . . . . . . . . . . . 57 50 Amendment of s 107C (Commissioner may impose conditions on licences and permits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 51 Amendment of s 111 (Variation of licence). . . . . . . . . . . . . . . . . . 59 52 Amendment of s 112 (Procedure for variation by commissioner). 60 53 Amendment of s 116 (When community impact statement to be given to commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 54 Amendment of s 117A (Comments about particular applications) 60 55 Amendment of s 118 (Advertisement of applications) . . . . . . . . . 60 56 Amendment of s 121 (Matters the commissioner must have regard to) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 57 Insertion of new s 121A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 121A Commissioner must publish information after granting particular applications . . . . . . . . . . . . . . . . . . . . . . . . 61 58 Insertion of new pt 5, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Division 1A Public safety and amenity 128A Application of div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . 62 128B Particular matters the commissioner may consider . . 62 128C Conditions relating to public safety or amenity . . . . . . 63 59 Amendment of s 134 (Cancellation, suspension or variation of permits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 60 Amendment of s 136 (Grounds for disciplinary action) . . . . . . . . 65 61 Amendment of s 142AA (Application of div 5) . . . . . . . . . . . . . . . 65 62 Amendment of s 142AF (Purpose of div 6) . . . . . . . . . . . . . . . . . 65 63 Amendment of s 142AG (Conditions about crowd controllers). . . 66 64 Amendment of s 142AH (Conditions about closed-circuit television equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 65 Amendment of s 142AJ (Conditions about drinking practices). . . 67 66 Insertion of new pt 6, div 1AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Page 4 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Contents Division 1AA Responsible service, supply and promotion of liquor and preservation of amenity 142ZX Purposes of div 1AA. . . . . . . . . . . . . . . . . . . . . . . . . . 67 142ZY Meaning of relevant premises . . . . . . . . . . . . . . . . . . 68 142ZZ Unacceptable practices and promotions . . . . . . . . . . 68 142ZZA Responsible practices and promotions. . . . . . . . . . . . 69 142ZZB Providing a safe environment and preserving amenity 70 142ZZC Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 142ZZD Compliance notices . . . . . . . . . . . . . . . . . . . . . . . . . . 73 67 Omission of ss 148A and 148B . . . . . . . . . . . . . . . . . . . . . . . . . . 76 68 Insertion of new s 148AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 148AA Licences subject to conditions about closed-circuit television equipment. . . . . . . . . . . . . . . . . . . . . . . . . . 76 69 Amendment of s 153 (Letting or subletting of licensed premises) 77 70 Amendment of s 155 (Minors on premises) . . . . . . . . . . . . . . . . . 77 71 Insertion of new s 162A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 162A Taking liquor onto or away from premises subject to nightclub licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 72 Amendment of s 165 (Removal of persons from premises) . . . . . 78 73 Amendment of s 165A (Refusing entry to premises) . . . . . . . . . . 78 74 Insertion of new pt 6AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Part 6AA ID scanning Division 1 Preliminary 173EE Definitions for pt 6AA . . . . . . . . . . . . . . . . . . . . . . . . . 78 Division 2 Use of ID scanners in particular licensed premises 173EF Licensed premises to which this division applies . . . . 81 173EG Licence conditions about regulated premises . . . . . . 81 173EH Scanning obligations of licensees for regulated premises 82 173EHA Delayed application of s 173EH to particular regulated premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 173EI Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Division 3 Operation of approved ID scanning systems 173EJ Obligations about operation . . . . . . . . . . . . . . . . . . . . 87 173EJA Obligation to notify of system failure. . . . . . . . . . . . . . 88 173EJB Other obligation if system failure . . . . . . . . . . . . . . . . 89 173EK Change of executive officers . . . . . . . . . . . . . . . . . . . 89 2014 Act No. 42 Page 5

Safe Night Out Legislation Amendment Act 2014 Contents 173EL Operation of scanning system without approval. . . . . 90 173EM Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 173EMA Information sharing. . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Division 4 Approvals 173EN Approval of ID scanners and modifications . . . . . . . . 91 173EO Approval of ID scanning systems and modifications . 93 173EOA Direction about ID scanning system. . . . . . . . . . . . . . 94 173EP Suspension or revocation of approvals relating to ID scanners or ID scanning systems . . . . . . . . . . . . . . . 95 173EPA Immediate suspension of approvals relating to ID scanners or ID scanning systems . . . . . . . . . . . . . . . . . . . . . . . 96 173EQ Approval of persons to operate ID scanning systems 97 173ER Suspension or revocation of approval to operate ID scanning system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 173ES Immediate suspension of approval to operate ID scanning system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 173ET Commissioner takes over operation of approved ID scanning system in particular circumstances . . . . . . . . . . . . . . 102 75 Insertion of new pt 6AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Part 6AB Safe night precincts Division 1 Preliminary 173NA Purposes of pt 6AB . . . . . . . . . . . . . . . . . . . . . . . . . . 103 173NB Meaning of relevant licensee . . . . . . . . . . . . . . . . . . . 103 Division 2 Safe night precincts and local boards 173NC Safe night precincts and local boards. . . . . . . . . . . . . 104 173ND Commissioner must give notice of local board . . . . . . 104 Division 3 Provisions that apply when a safe night precinct has a local board 173NE Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 173NF Relevant licensee must be member of local board. . . 105 173NG Commissioner may require exempt licensee to become member of local board . . . . . . . . . . . . . . . . . . . . . . . . 106 173NH Public safety consultative committees . . . . . . . . . . . . 107 Division 4 Rules of local boards 173NI Inconsistent rules of local boards of no effect . . . . . . 108 173NJ Objectives of local boards . . . . . . . . . . . . . . . . . . . . . 108 173NK Rules must limit membership of local board. . . . . . . . 109 Page 6 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Contents 76 77 78 79 79A 80 81 Part 8 82 83 173NL Relevant licensee must be admitted as member of local board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 173NM No limit to other rules about membership. . . . . . . . . . 111 173NN Local board must advise commissioner about licensee members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 173NO Termination of licensee member’s membership . . . . . 111 173NP Local board must invite consultative committee to meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 173NQ Prescribed rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Omission of pts 6B and 6C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Amendment of s 174 (Investigators). . . . . . . . . . . . . . . . . . . . . . . 114 Insertion of new s 174AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 174AA Production or display of identity card . . . . . . . . . . . . . 114 Amendment of s 178 (General powers of investigator in relation to places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Amendment of s 187 (Abatement of nuisance or dangerous activity) 115 Amendment of s 235 (Regulation-making power) . . . . . . . . . . . . 117 Insertion of new pt 12, div 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 Division 16 Transitional provisions for Safe Night Out Legislation Amendment Act 2014 319 Definitions for div 16 . . . . . . . . . . . . . . . . . . . . . . . . . . 118 320 Lapse of particular applications for extended trading hours approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 321 Continuing application of repealed s 94 . . . . . . . . . . . 118 321A Transitional provision for applications for subsidiary on- premises licence (entertainment) . . . . . . . . . . . . . . . . 119 322 Transitional provision for subsidiary on-premises licence (entertainment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 323 Transitional provision for subsidiary on-premises licence (meals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 324 Civil banning orders . . . . . . . . . . . . . . . . . . . . . . . . . . 121 325 Cancellation, suspension or variation of permits . . . . 121 326 Grounds for disciplinary action . . . . . . . . . . . . . . . . . . 122 327 Authority for post-midnight trading for particular licences 122 328 Declaration and validation relating to particular licences 123 329 Eligible entity for sale of liquor at a fundraising event. 125 Amendment of Penalties and Sentences Act 1992 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 126 2014 Act No. 42 Page 7

Safe Night Out Legislation Amendment Act 2014 Contents 84 85 86 87 88 89 90 91 91A 92 92A 93 94 95 96 97 98 99 100 Page 8 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 126 Amendment of s 43G (Definitions for pt 3B). . . . . . . . . . . . . . . . . 127 Amendment of s 43I (What is a banning order) . . . . . . . . . . . . . . 127 Amendment of s 43J (Making a banning order) . . . . . . . . . . . . . . 127 Amendment of s 43N (Commissioner may give copy of banning order to licensee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Insertion of new pt 5, div 2, sdiv 1, hdg . . . . . . . . . . . . . . . . . . . . 129 Amendment of s 106 (Offender to agree to making or amending of order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Amendment of s 107 (Multiple offences) . . . . . . . . . . . . . . . . . . . 129 Amendment of s 108 (Termination of community service order) . 129 Insertion of new pt 5, div 2, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . 129 Subdivision 2 Community service orders mandatory for particular offences 108A Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 130 108B When community service order must be made . . . . . 130 108C Effect if offender is also subject to other orders . . . . . 131 108D Effect if offender is detained on remand or imprisoned 132 Amendment of s 110A (Making of an order) . . . . . . . . . . . . . . . . 132 Amendment of s 120 (Amendment and revocation of community based order other than graffiti removal order) . . . . . . . . . . . . . . . . . . . . . 133 Replacement of s 120A (Amendment and revocation of graffiti removal order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 120A Amendment and revocation of s 108B community service order or graffiti removal order . . . . . . . . . . . . . . . . . . . 133 Amendment of s 121 (Offender may be re-sentenced on revocation of order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Amendment of s 125 (Powers of Magistrates Court that convicts offender of offence against s 123(1)) . . . . . . . . . . . . . . . . . . . . . . 134 Amendment of s 126 (Powers of Supreme Court or District Court to deal with offender) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 Amendment of s 160A (Application of ss 160B–160D) . . . . . . . . 135 Amendment of s 171 (Review—periodic) . . . . . . . . . . . . . . . . . . . 135 Insertion of new pt 14, div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Division 11 Transitional provisions for Safe Night Out Legislation Amendment Act 2014 236 Sentencing guidelines . . . . . . . . . . . . . . . . . . . . . . . . 136 237 Banning orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 238 Community service orders required under s 108B . . . 136 2014 Act No. 42

101 Part 9 102 103 104 105 106 107 108 109 110 111 112 113 Safe Night Out Legislation Amendment Act 2014 Contents Amendment of sch 2 (Qualifying offences). . . . . . . . . . . . . . . . . . 136 Amendment of Police Powers and Responsibilities Act 2000 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Amendment of s 34 (Definitions for pt 3) . . . . . . . . . . . . . . . . . . . 137 Amendment of s 41 (Prescribed circumstances for requiring name and address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Amendment of s 42 (Power for age-related offences and for particular motor vehicle related purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Amendment of s 44 (Application of pt 5) . . . . . . . . . . . . . . . . . . . 138 Amendment of s 46 (When power applies to behaviour) . . . . . . . 138 Amendment of s 47 (When power applies to a person’s presence) 138 Amendment of s 53BC (What is out-of-control conduct) . . . . . . . 139 Amendment of s 378 (Additional case when arrest for being drunk in a public place may be discontinued) . . . . . . . . . . . . . . . . . . . . . . . . 139 Insertion of new s 378A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 378A Additional case when arrest may be discontinued to take person to sober safe centre . . . . . . . . . . . . . . . . . . . . 139 Insertion of new ch 14, pt 5, div 1 hdg . . . . . . . . . . . . . . . . . . . . . 140 Division 1 General provisions Insertion of new ch 14, pt 5, div 2. . . . . . . . . . . . . . . . . . . . . . . . . 140 Division 2 Sober Safe Centre Trial Subdivision 1 Preliminary 390A Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 390B Additional powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 390C Application of particular watch-house provisions to sober safe centres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 390D Application of division. . . . . . . . . . . . . . . . . . . . . . . . . 142 Subdivision 2 Power to take intoxicated person to sober safe centre 390E Power to detain and transport intoxicated person . . . 142 Subdivision 3 Procedures for transporting and admitting person to sober safe centre 390F Information to be given to person . . . . . . . . . . . . . . . . 143 390G Assessment by health care professional before admission 144 Subdivision 4 Custody at a sober safe centre 390H Admission to, and custody at, sober safe centre . . . . 145 390I Assessment by health care professional after 4 hours 145 2014 Act No. 42 Page 9

Safe Night Out Legislation Amendment Act 2014 Contents 390J Maximum custody of 8 hours . . . . . . . . . . . . . . . . . . . 146 390K Monitoring while at sober safe centre. . . . . . . . . . . . . 146 390L Release from sober safe centre . . . . . . . . . . . . . . . . . 147 Subdivision 5 Cost recovery charge 390M Charge for custody at sober safe centre . . . . . . . . . . 147 390MA Waiver of charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 390N Recovery of charge . . . . . . . . . . . . . . . . . . . . . . . . . . 149 Subdivision 6 Miscellaneous 390O Power for health care professional to use reasonable force 150 390P Protection from liability for acts or omissions of health care professional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 114 Amendment of s 394 (Duty of police officer receiving custody of person arrested for offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 115 Amendment of s 415 (When does this part apply to a person) . . 151 116 Amendment of s 442 (Application of ch 16) . . . . . . . . . . . . . . . . . 151 117 Insertion of new ch 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 Chapter 18A Breath, saliva, blood and urine testing of persons suspected of committing particular assault offences Part 1 Preliminary 548A Purposes of ch 18A . . . . . . . . . . . . . . . . . . . . . . . . . . 152 548B Interpretation provision for ch 18A . . . . . . . . . . . . . . . 153 Part 2 Application of section 80 548C Person suspected of committing relevant assault offence 153 548D Person arrested for relevant assault offence . . . . . . . 154 548E Application of s 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 Part 3 Miscellaneous 548F Relationship with other provisions and Acts . . . . . . . . 156 118 Insertion of new ch 19, pts 5A and 5B . . . . . . . . . . . . . . . . . . . . . 156 Part 5A Police banning notices Division 1 Preliminary 602A Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 156 602B What is a police banning notice . . . . . . . . . . . . . . . . . 157 Division 2 Initial police banning notice 602C Police officer may give initial notice . . . . . . . . . . . . . . 158 602D Duration of initial notice . . . . . . . . . . . . . . . . . . . . . . . 159 Page 10 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Contents 602E Notice to be explained . . . . . . . . . . . . . . . . . . . . . . . . 159 Division 3 Extension or cancellation of initial police banning notice by police officer 602F Extended police banning notice . . . . . . . . . . . . . . . . . 160 602G Cancellation of initial police banning notice . . . . . . . . 162 Division 4 General provisions about notices 602H Form of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 602I Written record for notices . . . . . . . . . . . . . . . . . . . . . . 163 602J Actions not prohibited by notice . . . . . . . . . . . . . . . . . 164 602K Amendment or cancellation if court banning order made 164 602L Procedure if police banning notice amended or cancelled 165 602M Effect of cancellation of notice . . . . . . . . . . . . . . . . . . 166 Division 5 Review of notices 602N Internal review for police banning notices . . . . . . . . . 166 602O Commissioner’s decision about notices . . . . . . . . . . . 166 602P Review by QCAT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 Division 6 Offence 602Q Offence to contravene notice . . . . . . . . . . . . . . . . . . . 167 Part 5B Photographing persons and distributing orders and images Division 1 Preliminary 602R Definitions for pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . 168 Division 2 Power to photograph persons and distribute orders and images 602S Power to detain and photograph. . . . . . . . . . . . . . . . . 169 602T Attaching image to a banning order . . . . . . . . . . . . . . 170 602U Distribution of imaged order or police banning notice 170 Division 3 Destruction of images 602V Commissioner to destroy image . . . . . . . . . . . . . . . . . 172 602W Other persons who must destroy imaged order or police banning notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 119 Amendment of s 686 (Application of pt 3) . . . . . . . . . . . . . . . . . . 173 120 Amendment of s 790 (Offence to assault or obstruct police officer) 174 121 Amendment of s 791 (Offence to contravene direction or requirement of police officer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 122 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 175 2014 Act No. 42 Page 11

Safe Night Out Legislation Amendment Act 2014 Contents Part 9A 122A 122B Part 9B 122C 122D Part 10 123 124 125 126 Part 10A 126A 126B 126C Part 11 127 128 Part 12 129 130 Part 13 131 132 133 Amendment of Security Providers Act 1993 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Amendment of sch 1 (Disqualifying offence provisions under the Criminal Code) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177 Amendment of State Penalties Enforcement Regulation2014 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Amendment of sch 1 (Infringement notice offences and fines for nominated laws) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178 Amendment of Summary Offences Act 2005 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Amendment of s 6 (Public nuisance) . . . . . . . . . . . . . . . . . . . . . . 180 Amendment of s 7 (Urinating in a public place) . . . . . . . . . . . . . . 180 Replacement of s 10 (Being drunk in a public place) . . . . . . . . . . 181 Amendment of Transport Operations (Passenger Transport)Act 1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Amendment of sch 1 (Disqualifying offences—provisions of the CriminalCode) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 Amendment of sch 1A (Driver disqualification offences) . . . . . . . 182 Amendment of Vicious Lawless AssociationDisestablishment Act 2013 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 Amendment of sch 1 (Declared offences) . . . . . . . . . . . . . . . . . . 182 Amendment of Victim of Crime Assistance Act 2009 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 183 Amendment of Wine Industry Act 1994 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 Amendment of s 36 (Wine prohibited to certain persons) . . . . . . 183 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 183 Page 12 2014 Act No. 42

Queensland Safe Night Out Legislation Amendment Act 2014 Act No. 42 of 2014 An Act to amend the Bail Act 1980, the Corrective Services Act 2006, the Criminal Code, the Drugs Misuse Act 1986, the Drugs Misuse Regulation1987, the Evidence Act 1977, the Introduction Agents Act 2001, the LiquorAct 1992, the Penalties and Sentences Act 1992, the Police Powers andResponsibilities Act 2000, the Security Providers Act 1993, the StatePenalties Enforcement Regulation 2014, the Summary Offences Act 2005, the Transport Operations (Passenger Transport) Act 1994, the ViciousLawless Association Disestablishment Act 2013, the Victims of CrimeAssistance Act 2009 and the Wine Industry Act 1994 for particular purposes [Assented to 5 September 2014]

Safe Night Out Legislation Amendment Act 2014 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Safe Night Out Legislation Amendment Act 2014 . 2 Commencement (1) Section 49 is taken to have commenced on 6 June 2014. (2) The following provisions commence on assent— • part 3 • part 4, heading • section 12 • section 14 • section 16, other than section 16(1) and (3) • part 5 • part 6 • part 6A • part 6B • part 7, heading • section 27 • section 28, other than to the extent it omits the definitions drink safe precinct and entertainment and inserts the definitions irresponsible and system failure • section 29A • section 30 Page 14 2014 Act No. 42

• • • • • • • • • • • • • • • • • • • • • • • • • 2014 Act No. 42 Safe Night Out Legislation Amendment Act 2014 Part 1 Preliminary [s 2] section 32(1) to the extent it inserts new section 21(1)(eaa) section 33, other than to the extent it inserts new section 42A(1), example 4 sections 33A to 39 sections 40A and 40B section 46A sections 50 to 52 section 54 sections 56 and 57 section 61 section 63 section 69 sections 72 and 73 section 75 section 76, other than to the extent it omits part 6B sections 77 to 80 section 81 to the extent it inserts sections 324, 327 and 328 part 8, heading section 82 section 84 section 86 sections 98 and 99 section 100, other than to the extent it inserts new section 238 section 101 part 9, heading sections 102 and 103 Page 15

Safe Night Out Legislation Amendment Act 2014 Part 1 Preliminary [s 2] • section 109 • section 110, other than section 110(2) • section 114 • section 120, other than section 120(2) • section 121 • section 122, heading • section 122(1), other than to the extent it omits the definition photograph • section 122(2) to the extent it inserts the definitions intoxicated and licensed premises • part 9A • part 9B • part 10 • part 10A • part 11 • part 12 • part 13. (3) The following provisions commence, or are taken to have commenced, on 1 September 2014— • section 46 • section 81, to the extent it inserts new part 12, division 16, heading and sections 319 to 321. (4) The following provisions commence on 1 October 2014— • part 2, other than sections 4(3), 5 and 7 • sections 85, 87 and 88 • sections 104 to 108 • section 110(2) • sections 111 to 113 Page 16 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 1 Preliminary [s 2] • section 116, other than to the extent it inserts new section 442(cb) • section 118 • section 122(1) to the extent it omits the definition photograph • section 122(2), other than to the extent it inserts the definitions intoxicated, licensed premises and relevant assault offence. (5) The following provisions commence on 1 December 2014— • section 4(3) • section 5 • section 7 • section 13 • sections 15 to 15C • section 16(1) and (3) • section 17 • section 83 • sections 89 to 97 • section 100 to the extent it inserts new section 238 • section 115 • section 116 to the extent it inserts new section 442(cb) • section 117 • section 119 • section 120(2) • section 122(2) to the extent it inserts the definition relevant assault offence. (6) The following provisions commence on 1 July 2015— • section 28, to the extent it omits the definition entertainment 2014 Act No. 42 Page 17

Safe Night Out Legislation Amendment Act 2014 Part 1 Preliminary [s 2] • section 29 • sections 40 • sections 41 to 45 • sections 47 and 48 • section 53 • section 55 • sections 70 and 71 • section 81, to the extent it inserts new sections 321A, 322 and 323. (7) The following provisions commence on a day to be fixed by proclamation— • section 28, to the extent it omits the definition drink safe precinct and inserts the definitions irresponsible and system failure • section 31 • section 32, other than to the extent it inserts new section 21(1)(eaa) • section 33(2) to the extent it inserts new section 42A(1), example 4 • sections 58 to 60 • section 62 • sections 64 to 68 • section 74 • section 76 to the extent it omits part 6B • section 81, to the extent it inserts new sections 325, 326 and 329. Page 18 2014 Act No. 42

Part 2 Safe Night Out Legislation Amendment Act 2014 Part 2 Amendment of Bail Act 1980 [s 3] Amendment of Bail Act 1980 3 Act amended This part amends the Bail Act 1980 . 4 Amendment of s 11 (Conditions of release on bail) (1) Section 11(3)(b), examples, third dot point, ‘drink safe precinct’— omit, insert— safe night precinct (2) Section 11— insert — (4AA) If bail for a person is subject to a special condition mentioned in subsection (3)— (a) for bail that is granted by a police officer at a police station, watch-house or police establishment (each a relevant place )—a police officer may detain and photograph the person at the relevant place for the purposes of the PolicePowersandResponsibilitiesAct2000 , chapter 19, part 5B; or (b) otherwise—the court may impose a condition that requires the person to report to a police station within 48 hours after bail is granted to be photographed under the PolicePowersandResponsibilitiesAct2000 , chapter 19, part 5B. (3) Section 11— insert — (9A) Section 11AB also provides for a condition requiring completion of a Drug and Alcohol Assessment Referral course that must be imposed 2014 Act No. 42 Page 19

Safe Night Out Legislation Amendment Act 2014 Part 2 Amendment of Bail Act 1980 [s 5] on a person’s release on bail in particular circumstances. 5 Insertion of new s 11AB After section 11AA— insert— 11AB Condition requiring completion of DAAR course (1) This section applies if a person is charged with a prescribed offence and it is alleged the offence was committed in a public place while the person was adversely affected by an intoxicating substance. (2) A court or a police officer authorised by this Act to grant bail for the person’s release must impose a condition for the release that the person must complete a DAAR course by a stated day. (3) Subsection (2) does not apply if— (a) the person has already completed 2 DAAR courses within the previous 5 years; or (b) the person is less than 18 years old; or (c) section 11A applies. (4) In this section— approved provider means an entity approved by the chief executive (health) by gazette notice to provide DAAR courses. chief executive (health) means the chief executive of the department within which the Health Act 1937 is administered. DAAR stands for Drug and Alcohol Assessment Referral. DAAR course means a course provided to a person by an approved provider in which— Page 20 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 2 Amendment of Bail Act 1980 [s 6] (a) the person’s drug or alcohol use is assessed; and (b) the person is given information about appropriate options for treatment and may be offered counselling or education. prescribed offence means an offence against— (a) any of the following provisions of the Criminal Code— (i) section 72; (ii) section 320; (iii) section 323; (iv) section 335; (v) section 339; (vi) section 340(1)(b) or (2AA); or (b) the PolicePowersandResponsibilitiesAct2000 , section 790. public place means— (a) a place, or part of a place, that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or (b) a place, or part of a place, the occupier of which allows, whether or not on payment of money, members of the public to enter. 6 Amendment of s 34F (Commissioner may give information about special condition of bail to licensee under Liquor Act 1992) (1) Section 34F, heading, ‘licensee under Liquor Act 1992’— omit, insert— particular persons 2014 Act No. 42 Page 21

Safe Night Out Legislation Amendment Act 2014 Part 3 Amendment of Corrective Services Act 2006 [s 7] (2) Section 34F(1)— insert— (e) the Commissioner for Liquor and Gaming under the Gaming Machine Act 1991 ; or (f) an approved operator under the LiquorAct1992 , section 173EE. 7 Insertion of new s 44 After section 43— insert— 44 Transitional provision for Safe Night Out Legislation Amendment Act 2014 (1) Section 11AB applies in relation to the release of a person on bail on or after the commencement of this section. (2) For subsection (1), it is irrelevant whether the act or omission constituting the offence in relation to which the person is released on bail happened, or proceedings for the offence started, before or after the commencement of this section. Part 3 Amendment of Corrective Services Act 2006 8 Act amended This part amends the Corrective Services Act 2006 . Page 22 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 3 Amendment of Corrective Services Act 2006 [s 9] 9 Replacement of s 182A (Parole eligibility date for prisoner serving term of imprisonment for drug trafficking offence) Section 182A— omit, insert — 182A Parole eligibility date for prisoner serving term of imprisonment for other particular serious offences (1) This section applies to a prisoner who is serving a term of imprisonment for a drug trafficking offence. (2) Also, this section applies to a prisoner who is serving a term of imprisonment, other than a term of imprisonment for life, for an offence against the Criminal Code, section 314A. (3) The prisoner’s parole eligibility date is the day after the day on which the prisoner has served— (a) if the prisoner is serving a term of imprisonment for a drug trafficking offence—80% of the term; or (b) if the prisoner is serving a term of imprisonment for an offence against section 314A—the lesser of the following— (i) 80% of the term; (ii) 15 years. (4) However, if a later parole eligibility date is fixed for the period of imprisonment under the Penalties and Sentences Act 1992 , part 9, division 3, the prisoner’s parole eligibility date is the later date fixed under that division. (5) This section is subject to section 185. 2014 Act No. 42 Page 23

Safe Night Out Legislation Amendment Act 2014 Part 4 Amendment of Criminal Code [s 10] 10 Amendment of s 184 (Parole eligibility date for other prisoners) Section 184(5), definition offence , paragraph (d), ‘a drug trafficking offence’— omit, insert — an offence 11 Insertion of new ch 7A, pt 8 Chapter 7A— insert — Part 8 Transitional provision for Safe Night Out Legislation Amendment Act 2014 490D Application of s 182A Section 182A applies to a prisoner who is serving a term of imprisonment for a drug trafficking offence only if the act or omission constituting the offence occurred wholly on or after 13 August 2013. Part 4 Amendment of Criminal Code 12 Code amended This part amends the Criminal Code. 13 Amendment of s 72 (Affray) Section 72— Page 24 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 4 Amendment of Criminal Code [s 14] insert— (3A) The Penalties and Sentences Act 1992 , section 108B also states a circumstance of aggravation for an offence against this section. 14 Insertion of new ch 28A After section 314— insert— Chapter 28A Unlawful striking causing death 314A Unlawful striking causing death (1) A person who unlawfully strikes another person to the head or neck and causes the death of the other person is guilty of a crime. Maximum penalty—life imprisonment. (2) Sections 23(1)(b) and 270 do not apply to an offence against subsection (1). (3) An assault is not an element of an offence against subsection (1). (3A) For subsection (1), the striking of another person is unlawful unless it is authorised or justified or excused by law. (4) A person is not criminally responsible for an offence against subsection (1) if the act of striking the other person is— (a) done as part of a socially acceptable function or activity; and (b) reasonable in the circumstances. (5) If a court sentences a person to a term of imprisonment for an offence mentioned in 2014 Act No. 42 Page 25

Safe Night Out Legislation Amendment Act 2014 Part 4 Amendment of Criminal Code [s 14] Page 26 subsection (1), the court must make an order that the person must not be released from imprisonment until the person has served the lesser of— (a) 80% of the person’s term of imprisonment for the offence; or (b) 15 years. (6) Subsection (5) does not apply if the court sentences the person to— (a) a term of imprisonment for life; or Note — See the Corrective Services Act 2006 , section 181 for the parole eligibility date for a prisoner serving a term of imprisonment for life for an offence mentioned in subsection (1). (b) an indefinite sentence under the Penaltiesand Sentences Act 1992 ; or Note — See the Penalties and Sentences Act 1992 , section 171 for the time of the earliest review of an indefinite sentence being served by a prisoner serving an indefinite sentence for an offence mentioned in subsection (1). (c) a term of imprisonment and makes either of the following orders under the Penalties andSentences Act 1992 for the person— (i) an intensive correction order; (ii) an order that the whole or a part of the term of imprisonment be suspended. (7) In this section— causing means causing directly or indirectly. function or activity includes a sporting event. strike , a person, means directly apply force to the person by punching or kicking, or by otherwise 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 4 Amendment of Criminal Code [s 15] hitting using any part of the body, with or without the use of a dangerous or offensive weapon or instrument. 15 Amendment of s 320 (Grievous bodily harm) Section 320— insert— (3A) The Penalties and Sentences Act 1992 , section 108B also states a circumstance of aggravation for an offence against this section. 15A Amendment of s 323 (Wounding) Section 323— insert— (3) The Penalties and Sentences Act 1992 , section 108B states a circumstance of aggravation for an offence against this section. 15B Amendment of s 335 (Common assault) Section 335— insert— (2) The Penalties and Sentences Act 1992 , section 108B states a circumstance of aggravation for an offence against this section. 15C Amendment of s 339 (Assaults occasioning bodily harm) Section 339— insert— (4) The Penalties and Sentences Act 1992 , section 108B also states a circumstance of aggravation for an offence against this section. 2014 Act No. 42 Page 27

Safe Night Out Legislation Amendment Act 2014 Part 4 Amendment of Criminal Code [s 16] 16 Amendment of s 340 (Serious assaults) (1) Section 340— insert— (1C) The Penalties and Sentences Act 1992 , section 108B also states a circumstance of aggravation for an offence against subsection (1)(b). (2) Section 340(2AA), penalty— omit, insert— Maximum penalty— (a) if the offender assaults a public officer in any of the following circumstances— (i) the offender bites or spits on the public officer or throws at, or in any way applies to, the public officer a bodily fluid or faeces; (ii) the offender causes bodily harm to the public officer; (iii) the offender is, or pretends to be, armed with a dangerous or offensive weapon or instrument—14 years imprisonment; or (b) otherwise—7 years imprisonment. (3) Section 340— insert— (2B) The Penalties and Sentences Act 1992 , section 108B also states a circumstance of aggravation for an offence against subsection (2AA). 17 Insertion of new ch 35A After chapter 35— insert— Page 28 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 4 Amendment of Criminal Code [s 17] Chapter 35A Circumstance of aggravation for particular offences 365A Application of ch 35A (1) This chapter applies to an offence against— (a) section 320; or (b) section 323; or (c) section 340(1)(b), if the circumstances mentioned in section 340(1), penalty, paragraph (a) apply; or (d) section 340(2AA), if the circumstances mentioned in section 340(2AA), penalty, paragraph (a) apply. (2) This chapter applies in relation to proof of the circumstance of aggravation that the offence was committed in a public place while the person was adversely affected by an intoxicating substance. Notes— 1 The Penalties and Sentences Act 1992 , part 5, division 2, subdivision 2 provides for the making of a community service order for the person if the offence is committed in a public place while the person is adversely affected by an intoxicating substance. 2 The Police Powers and Responsibilities Act 2000 , chapter 18A applies the Transport Operations (RoadUseManagement)Act1995 , section 80 to allow evidentiary certificates about breath, saliva, blood or urine specimens taken from the person to be used in proceedings for the offence. 365B Application of defences (1) Section 24 does not apply in relation to a belief of the person that the person is not adversely affected by an intoxicating substance. 2014 Act No. 42 Page 29

Safe Night Out Legislation Amendment Act 2014 Part 4 Amendment of Criminal Code [s 17] (2) A person is taken to be not adversely affected by an intoxicating substance at the relevant time if the person proves— (a) the person ingested an intoxicating substance that the person did not know the person was ingesting; and (b) an ordinary person would not reasonably have known the person was ingesting the intoxicating substance; and (c) the person would not be adversely affected by an intoxicating substance at the relevant time apart from that ingestion. (3) In this section— ingest includes drink, administer, inhale and smoke. Page 30 365C Proof of being adversely affected by an intoxicating substance (1) A person is taken to be adversely affected by an intoxicating substance if— (a) the concentration of alcohol in the person’s blood is at least 150mg of alcohol in 100mL of blood; or (b) the concentration of alcohol in the person’s breath is at least 0.150g of alcohol in 210L of breath; or (c) any amount of a drug prescribed by regulation is present in the person’s saliva; or (d) the person fails to provide a specimen as required under the TransportOperations(RoadUseManagement)Act1995 , section 80 as applied under the PolicePowersandResponsibilities Act 2000 , chapter 18A. 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 5 Amendment of Drugs Misuse Act 1986 [s 18] (2) However, subsection (1)(c) or (d) does not apply if the person proves he or she was not adversely affected by an intoxicating substance at the relevant time. (3) Subsection (1) does not limit the circumstances in which a person may be adversely affected by an intoxicating substance. Part 5 Amendment of Drugs Misuse Act 1986 18 Act amended This part amends the Drugs Misuse Act 1986. 19 Amendment of s 4 (Definitions) Section 4— insert— whole weight , of a dangerous drug, means the total weight of the drug and any other substance with which it is mixed or in which it is contained. 20 Amendment of s 8 (Producing dangerous drugs) Section 8— insert— (2) For a dangerous drug that is a thing specified in the DrugsMisuseRegulation1987 , schedule 1, part 2 (a part 2 drug ), a reference in subsection (1) to the quantity of the thing is a reference to the whole weight of all the part 2 drugs (whether of the same or different types) that the person is convicted of unlawfully producing. 2014 Act No. 42 Page 31

Safe Night Out Legislation Amendment Act 2014 Part 6 Amendment of Drugs Misuse Regulation 1987 [s 21] 21 Amendment of s 9 (Possessing dangerous drugs) Section 9— insert— (2) For a dangerous drug that is a thing specified in the DrugsMisuseRegulation1987 , schedule 1, part 2 (a part 2 drug ), a reference in subsection (1) to the quantity of the thing is a reference to the whole weight of all the part 2 drugs (whether of the same or different types) that the person is convicted of unlawfully possessing. Part 6 Amendment of Drugs Misuse Regulation 1987 22 Regulation amended This part amends the Drugs Misuse Regulation 1987. 23 Amendment of sch 1 (Dangerous drugs) (1) Schedule 1, after heading— insert— Part 1 Non-steroid drugs (2) Schedule 1, at the end— insert— Part 2 Steroid drugs Page 32 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 6 Amendment of Drugs Misuse Regulation 1987 [s 24] 24 Amendment of schs 1 and 2 Schedules 1 and 2 are amended by inserting all of the following items in schedule 1, part 2 and omitting all of the following items from schedule 2— Androisoxazole Androstenediol Atamestane Bolandiol Bolasterone Bolazine Boldenone (dehydrotestosterone) Bolenol Bolmantalate Calusterone Chlorandrostenolone 4-Chloromethandienone Chloroxydienone Chloroxymesterone (dehydrochloromethyltestosterone) Clostebol (4-chlorotestosterone) Danazol Dehydroepiandrosterone (DHEA) Dihydrolone Dimethandrostanolone Drostanolone Enestebol Epitiostanol Ethyldienolone 2014 Act No. 42 Page 33

Safe Night Out Legislation Amendment Act 2014 Part 6 Amendment of Drugs Misuse Regulation 1987 [s 24] Ethylestrenol Fluoxymesterone Formebolone (formyldienolone) Furazabol 4-Hydroxy-19-nortestosterone Hydroxystenozol Mebolazine Mepitiostane Mesabolone Mestanolone (androstalone) Mesterolone Methandienone Methandriol Methenolone Methylclostebol Methyltestosterone Methyltrienolone Metribolone Mibolerone Nandrolone Norandrostenolone Norbolethone Norclostebol Norethandrolone Normethandrone Ovandrotone Oxabolone Page 34 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 6 Amendment of Drugs Misuse Regulation 1987 [s 25] Oxandrolone Oxymesterone Oxymetholone Prasterone Propetandrol Quinbolone Silandrone Stanolone Stanozolol Stenbolone Testosterone, other than in implant preparations for growth promotion in animals Thiomesterone (tiomesterone) Tibolone Trenbolone (trienbolone, trienolone), other than in implant preparations for use in animals Trestolone Any other anabolic and androgenic steroidal agent 25 Amendment of sch 3 (Specified quantities for particular dangerous drugs) (1) Schedule 3, after heading— insert— Part 1 Quantities of non-steroid drugs (2) Schedule 3, at the end— insert— 2014 Act No. 42 Page 35

Safe Night Out Legislation Amendment Act 2014 Part 6 Amendment of Drugs Misuse Regulation 1987 [s 26] Part 2 Quantities of steroid drugs Dangerous drug Whole weight of dangerous drug a dangerous drug mentioned in schedule 1, part 2 50.0g 26 Amendment of sch 4 (Specified quantities for particular dangerous drugs) (1) Schedule 4, after heading— insert— Part 1 Quantities of non-steroid drugs (2) Schedule 4, at the end— insert— Part 2 Quantities of steroid drugs Dangerous drug Whole weight of dangerous drug a dangerous drug mentioned in schedule 1, part 2 5000.0g Page 36 2014 Act No. 42

Part 6A Safe Night Out Legislation Amendment Act 2014 Part 6A Amendment of Evidence Act 1977 [s 26A] Amendment of Evidence Act 1977 26A Act amended This part amends the Evidence Act 1977 . 26B Amendment of s 21AC (Definitions for div 4A) Section 21AC, definition offence involving violence , first dot point, after ‘chapter 28’— insert— or 28A Part 6B Amendment of Introduction Agents Act 2001 26C Act amended This part amends the Introduction Agents Act 2001 . 26D Amendment of sch 1 (Disqualifying offence provisions under the Criminal Code) Schedule 1, part 1— insert— 5A Chapter 28A (Unlawful striking causing death) 2014 Act No. 42 Page 37

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 27] Part 7 Amendment of Liquor Act 1992 27 Act amended This part amends the Liquor Act 1992. 28 Amendment of s 4 (Definitions) (1) Section 4, definitions authorised person , civil banning order , drink safe precinct , entertainment , interim civil banning order , respondent and unduly intoxicated — omit. (2) Section 4— insert— abatement notice means a notice made under section 187. approved evaluator , for part 6AA, see section 173EE. approved ID scanner , for part 6AA, see section 173EE. approved ID scanning system , for part 6AA, see section 173EE. approved operator , for part 6AA, see section 173EE. banning order , for regulated premises, for part 6AA, see section 173EE. compliance order means an order made under section 46. exempt class , for part 6AA, see section 173EE. exempt licensee , for a safe night precinct, see section 173NB(2). ID scanner , for part 6AA, see section 173EE. Page 38 2014 Act No. 42

2014 Act No. 42 Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 28] ID scanning system , for part 6AA, see section 173EE. incorporated association see the AssociationsIncorporation Act 1981 , schedule. irresponsible , in relation to consumption of liquor, includes rapid or excessive. licensee , for part 6AA, division 4, see section 173EE. licensee ban , for part 6AA, see section 173EE. licensee member , of the local board of a safe night precinct, see section 173NL(2). local board , for a safe night precinct, see section 173NC(2). management committee , for a local board, means the board’s management committee formed under the Associations Incorporation Act1981 . photo ID , for a person, for part 6AA, see section 173EE. police service means the Queensland Police Service. regulated premises , for part 6AA, see section 173EE. relevant licensee , for a safe night precinct, see section 173NB(1). rules , of a local board, means the rules of the local board under the Associations IncorporationAct 1981 . safe night precinct see section 173NC(1). system failure , for regulated premises, for part 6AA, see section 173EE. unreasonable noise , in relation to licensed premises, means noise that— Page 39

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 29] (a) exceeds the limits (if any) prescribed by regulation; or (b) contravenes a compliance order that applies to the premises; or (c) contravenes a condition that applies to the licence or permit for the premises. (3) Section 4, definition amenity , paragraph (b)— omit, insert— (b) the health and safety of persons who live in, work in or visit the community or locality and the comfort or enjoyment they derive from the community or locality. (4) Section 4, definition approved risk-assessed management plan , after ‘section 52’— insert— or 52A (5) Section 4, definition information notice , ‘under part 5A’— omit. 29 Omission of s 4AA (Meaning of entertainment) Section 4AA— omit. 29A Amendment of s 9 (Ordinary trading hours) (1) Section 9(1B) and (1C), ‘and (3)’— omit, insert— to (3A) (2) Section 9(3)(a)(ii), after ‘paragraph (b)’— insert— and subsection (3A) Page 40 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 30] (3) Section 9— insert— (3A) Subject to subsection (2), if a licence condition of a commercial special facility licence relating to an airport or casino specifies the trading hours for the licensed premises on Anzac Day, the ordinary trading hours on Anzac day are the hours specified in the condition. (4) Section 9(5), after ‘relates’— insert— or an airport or casino to which subsection (5A) applies (5) Section 9— insert— (5A) Subject to subsection (2), if a licence condition of a commercial special facility licence relating to an airport or casino specifies the trading hours for the licensed premises on Good Friday or Christmas Day, the ordinary trading hours on that day are the hours specified in the condition. 30 Insertion of new s 9A After section 9— insert— 9A When a person may be taken to be unduly intoxicated For this Act, a person may be taken to be unduly intoxicated if— (a) the person’s speech, balance, coordination or behaviour is noticeably affected; and (b) there are reasonable grounds for believing the affected speech, balance, coordination or behaviour is the result of the consumption of 2014 Act No. 42 Page 41

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 31] liquor, drugs or another intoxicating substance. 31 Amendment of s 13 (Exemption for the sale of liquor at fundraising event) (1) Section 13(2)(a), ‘rapid or excessive’— omit, insert— the irresponsible (2) Section 13(3)(d)(ii), ‘148A(2) or (4)’— omit, insert— 142ZZ or 142ZZB 32 Amendment of s 21 (Jurisdiction and powers of tribunal) (1) Section 21(1)— insert— (baa)the giving of a compliance notice under section 142ZZD; or (bab)a request under section 142ZZD(8) to amend or revoke a compliance notice; or (eaa)a direction to change an approved risk-assessed management plan under section 52A; or (h) a decision for which an information notice must be given under part 6AA. (2) Section 21(1)(a) to (h)— renumber as section 21(1)(a) to (x). 33 Amendment of s 42A (Commissioner may make guidelines) (1) Section 42A(1)— insert— Page 42 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 33A] (c) matters that may help persons comply with their responsibilities, or lawfully and appropriately exercise powers, under this Act. (2) Section 42A(1), examples— insert— 3 The commissioner might make a guideline to help licensees and others determine if a person is unduly intoxicated. 4 The commissioner may make guidelines under sections 142ZZ, 142ZZA or 142ZZD. 33A Amendment of s 46 (Orders for licensed premises etc.) (1) Section 46, heading, ‘Orders’— omit, insert — Compliance orders (2) Section 46(1)(c)— omit, insert — (c) stopping or preventing unreasonable noise coming from the premises; or (3) Section 46(2) and (3)— omit, insert — (2) The order must state— (a) the action that is required to be taken; and (b) the grounds for requiring the action to be taken; and (c) an outline of the facts and circumstances that form the basis for the grounds; and (d) for each action that is required to be taken—the time, of up to 6 months, within which the person to whom the order is issued must take the action; and 2014 Act No. 42 Page 43

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 33A] (e) the time, of up to 6 months, that the order has effect for; and (f) that, if the person to whom the order is issued fails to comply with the order, the commissioner may start proceedings in the Magistrates Court in relation to the failure, without further notice to the person. (3) The commissioner may, by written notice, extend a time under subsection (2)(d) or (e) for 1 or more periods of up to 6 months to enable the person to whom the order is issued to comply with the order. (4) The person to whom the order is issued must comply with the order. Maximum penalty—100 penalty units. (5) The issuing of an order under this section does not stop any other action being taken under this Act in relation to the matter that is the subject of the order, including, for example— (a) an abatement notice being issued; or (b) the licence or permit for the premises being varied; or (c) disciplinary action being taken in relation to the licence; or (d) proceedings being started for an offence against this Act. (6) No compensation is payable by the State to any person because of an order made under this section, despite any other Act or law. (7) In this section— premises includes an area containing plant or equipment that is not part of the premises, but is used for the benefit of the premises. Page 44 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 33B] 33B Insertion of new s 46A After section 46— insert— 46A Compliance orders for unreasonable noise (1) The commissioner may issue a compliance order, in accordance with section 46, in relation to unreasonable noise coming from premises if an abatement notice has been issued in the last 1 year in relation to the premises. (2) The commissioner must consider at least the following before making the order— (a) the order of occupancy between— (i) the licensee or permittee; and (ii) any person who has complained about the noise to the commissioner; (b) any changes, including structural changes, made over time to— (i) the premises; or (ii) the premises occupied by any person who has complained about the noise to the commissioner; (c) any changes made over time in the activities conducted on the premises; (d) for each abatement notice issued for the premises— (i) the reason for issuing the notice; and (ii) whether the notice was complied with. (3) The commissioner, as part of the action required to be taken under the order, may require the person to stop all specified noise coming from the premises until the person demonstrates to the commissioner that the noise can be permanently limited to reasonable noise. 2014 Act No. 42 Page 45

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 33B] Page 46 Example of specified noise — • noise of a specified kind or level • noise at a certain time of the day • noise from a specified location (4) Also, the order may require the person to give the commissioner an acoustic report that complies with the commissioner’s guideline (if any) about acoustic reports. (5) After considering the acoustic report, the commissioner may amend the order to require the person to take action to improve the acoustics of the premises in order to stop unreasonable noise coming from the premises. (6) Also, the commissioner may amend the order if— (a) the commissioner is satisfied the person has taken, or is in the process of taking, the action required under the order to stop unreasonable noise coming from the premises; or (b) the licence or permit for the premises is varied in a way that the commissioner considers is reasonably likely to stop unreasonable noise coming from the premises. (7) In this section— acoustic report means a current report from a qualified acoustic engineer that identifies— (a) how much noise can come from the premises before the noise is unreasonable; and (b) ways to improve the acoustics of the premises to stop unreasonable noise coming from the premises. 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 34] 34 Amendment of s 50 (Application of pt 3A) Section 50— insert— (2) This part applies in relation to the permittee for a restricted liquor permit in the same way it applies to a licensee and, for that purpose— (a) a reference in this part to a licence includes a restricted liquor permit; and (b) a reference in this part to licensed premises includes premises to which a restricted liquor permit relates. 35 Amendment of s 51 (Approval of plan or revised plan) Section 51(b), ‘or permittee’— omit. 36 Amendment of s 52 (Changing plan) (1) Section 52, heading, after ‘plan’— insert— on application by licensee (2) Section 52(1)— omit, insert— (1) A licensee may apply to the commissioner to change the licensee’s approved risk-assessed management plan for the licensed premises. (3) Section 52(3) and (5), ‘or permittee’— omit. (4) Section 52(4)(b), ‘or permit’— omit. 2014 Act No. 42 Page 47

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 37] 37 Insertion of new s 52A After section 52— insert— 52A Commissioner may direct licensee to change plan (1) The commissioner may, by written notice given to a licensee, direct the licensee to change the licensee’s approved risk-assessed management plan for the licensed premises. (2) The commissioner may decide to give the direction for a purpose for which a condition may be imposed on the licence under section 107C(1). (3) The notice given to the licensee must state— (a) particulars of the required change; and (b) the reasons for the required change; and (c) that the licensee must, within a stated reasonable time, give the commissioner a copy of the licensee’s plan amended to incorporate the required change. (4) The licensee must comply with the notice. Maximum penalty—25 penalty units. (5) After receiving a copy of the licensee’s amended plan, the commissioner must give to the licensee— (a) a notice approving the amended plan; or (b) if the commissioner considers the amended plan does not appropriately incorporate the required change—a further notice under subsection (1). (6) The amended plan takes effect on the day that the commissioner gives the licensee a notice approving it and does not depend on the licence being amended to identify the amended plan. Page 48 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 38] (7) The commissioner may give a direction under this section to each licensee, or each licensee of a particular class, for licensed premises in a safe night precinct, restricted area or other area. 38 Amendment of s 53 (Recording change of plan) (1) Section 53(1)— omit, insert— (1) This section applies if a licensee receives a notice under section 52(3) or 52A(5)(a) about a change to the licensee’s approved risk-assessed management plan for the licensed premises. (2) Section 53(2), (3) and (4), ‘or permittee’— omit. (3) Section 53(2)(b), ‘, or permittee’s permit,’— omit. (4) Section 53(4), ‘or permit’— omit. 39 Replacement of s 54 (Conditions about approved plan) Section 54— omit, insert— 54 Conditions about approved plan It is a condition of a licence that the licensee— (a) keep the licensee’s approved risk-assessed management plan for the licensed premises available for inspection at the licensed premises by an investigator and patrons of the premises; and (b) display signage at the premises in a way that is likely to make patrons aware that— 2014 Act No. 42 Page 49

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 40] (i) the licensee has an approved risk-assessed management plan for the premises; and (ii) the plan is available for inspection by patrons; and (c) ensure all staff of the premises, and crowd controllers engaged in maintaining order in and around the premises, are aware of the plan and perform their duties at the premises in compliance with the plan. 40 Amendment of s 58 (Available licences) Section 58(1)— insert— (f) nightclub licence. 40A Amendment of s 58A (Licences subject to conditions imposed under regulation) (1) Section 58A(3), ‘the condition applies to all licenses’— omit, insert — or all licences in a particular area, the condition applies to all the licences or all the licences in the area (2) Section 58A(4), ‘the condition applies to all licences of that class’— omit, insert — or a particular class of licence in a particular area, the condition applies to all the licences of that class or all the licences of that class in the area (3) Section 58A— insert — (6) However, if the commissioner imposes a condition on a licence under section 107C or Page 50 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 40B] varies a licence under section 111 by amending or revoking a condition of the licence, the condition or variation prevails over any condition prescribed by regulation to the extent of any inconsistency. 40B Amendment of s 64 (Authority of commercial special facility licence) Section 64(1)(a), ‘the times stated in the licence’— omit, insert— ordinary trading hours or approved extended trading hours 41 Omission of s 67AA (Principal activity is the provision of entertainment) Section 67AA— omit. 42 Amendment of s 67A (Principal activity is the provision of meals) Section 67A— insert— (3) For subsection (1), a licensee is taken not to be conducting a business on the licensed premises that is consistent with the principal activity of the licence unless— (a) for each trading day, most of the patrons of the business on that day consume a meal on the premises; and (b) throughout each trading day, most of the area of the licensed premises is set up with tables and chairs, or another combination of seating and surfaces, that are being used or 2014 Act No. 42 Page 51

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 42A] ready for use by patrons for consuming meals; and (c) there is a kitchen in the licensed premises which is open throughout each trading day other than a period of up to 1 hour before the end of a trading period; and (d) throughout each trading day there are sufficient staff at the licensed premises engaged in, or available to engage in, the preparation and service of meals. (4) In this section— open , for a kitchen, means being used or available for use for meal preparation. trading day , for licensed premises, means— (a) if only 1 trading period for the premises starts on a day—that trading period; or (b) if 2 or more trading periods for the premises start on a day—the total of the trading periods. trading period , for licensed premises, means a continuous period during which the premises are open for business (including a period starting on a day and ending on the following day). 42A Amendment of s 67D (Restriction on grant of subsidiary on-premises licence) Section 67D— insert— (2) Also, the commissioner must not grant a subsidiary on-premises licence to a person if the commissioner is satisfied that the sale of liquor proposed to be carried on under the authority of the licence would more appropriately be carried Page 52 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 43] on under the authority of a licence of another kind. 43 Insertion of new pt 4, div 6A Part 4— insert— Division 6A Nightclub licence 83A Principal activity of a business under a nightclub licence (1) The principal activity of a business conducted under a nightclub licence is the provision of entertainment on the licensed premises and the sale of liquor for consumption on the licensed premises while the entertainment is provided. (2) The authority under a nightclub licence to sell or supply liquor does not apply unless a business is conducted on the licensed premises with the principal activity as mentioned in subsection (1). (3) It is consistent with the principal activity of a nightclub licence to sell or supply liquor for consumption on the premises during a relevant period, even though no entertainment is being provided, if the liquor is sold or supplied in association with a consumer eating a meal on the premises. (4) However, subsection (3) applies only if the licensee complies with section 67A(3)(b) to (d) as if a reference in that provision to a trading day were a reference to the part of a trading day during a relevant period that the licensee sells or supplies liquor while no entertainment is being provided. (5) In this section— 2014 Act No. 42 Page 53

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 43] entertainment — (a) means entertainment provided by a person— (i) who is physically present when providing the entertainment; and (ii) whose function is to present the entertainment; and (b) does not include entertainment using facilities that do not require a person present to provide the entertainment. Examples of facilities that do not require a person to be present— • pool tables • jukeboxes relevant period , for premises, means— (a) for premises to which an extended trading hours approval applies for trading between 9a.m. and 10a.m.—between 9a.m. and 5p.m.; or (b) if paragraph (a) does not apply—between 10a.m. and 5p.m. 83B Authority of nightclub licence (1) A nightclub licence authorises the licensee to sell liquor on the licensed premises during ordinary trading hours or approved extended trading hours— (a) for consumption on the premises; and (b) if stated in the licence—for consumption off the licensed premises, subject to section 83D. Page 54 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 43] (2) The authority under subsection (1) is subject to this Act and the conditions stated in a particular licence. 83C Restrictions on grant of nightclub licence (1) The commissioner may grant a nightclub licence only if the commissioner is satisfied the licensed premises have toilet facilities for male and female patrons of the business to be conducted under the licence on the licensed premises. (2) The commissioner must not grant a nightclub licence to a person for a vehicle the commissioner reasonably considers is, or is to be, used primarily to transport persons by road between licensed premises. 83D Restriction on sale of liquor for consumption off premises (1) The commissioner may decide that liquor may be sold under the authority of a nightclub licence for consumption off the licensed premises only if the commissioner is satisfied the sale of liquor will be made only in the course of the licensee providing catering facilities for functions. (2) The authority conferred by a nightclub licence to sell liquor for consumption off the licensed premises is restricted to the sale of liquor— (a) as ancillary to a function that— (i) happens at a place at which the liquor is consumed; and (ii) includes the licensee providing food for the function of sufficient substance as to be ordinarily accepted as a meal for consumption by persons genuinely attending the function, even though the 2014 Act No. 42 Page 55

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 44] food may be eaten while standing and without cutlery; and (b) for consumption by persons genuinely attending the function. 44 Amendment of s 85 (Application for approval) Section 85— insert— (3) Subsection (1) does not apply to an applicant for, or holder of, a community other licence. 45 Amendment of s 86 (Hours to which application may relate etc.) (1) Section 86(1), ‘other than a community other licence’— omit. (2) Section 86— insert— (1A) Subsection (1) does not apply to a subsidiary on-premises licence (meals) or community other licence. (1B) An application may be made for an extended trading hours approval for a subsidiary on-premises licence (meals) that, if granted, would extend trading hours on a regular basis to include trading between 12a.m. and 1a.m. 46 Omission of pt 4, div 8 (Moratorium on extended trading hours approvals) Part 4, division 8— omit. Page 56 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 46A] 46A Amendment of s 97 (When all or part of licensed premises must be classified as high risk) Section 97(2), note, from ‘or how the commissioner’— omit, insert— , how the commissioner administers this Act or matters that may help persons comply with this Act. 47 Amendment of s 101 (Definitions for div 2) Section 101, definition licence — insert— (d) nightclub licence. 48 Amendment of s 105A (Additional requirement for particular applications—risk-assessed management plan) Section 105A(6), definition low risk premises , ‘5a.m.’— omit, insert— 1a.m. 49 Insertion of new s 105B After section 105A— insert— 105B Application for adult entertainment permit requires local government consent (1) An application for an adult entertainment permit may be made only with the consent of the local government for the area in which the relevant premises are located. (2) The application must include, or be accompanied by, the written consent or written evidence of the consent. 2014 Act No. 42 Page 57

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 50] (3) However, subsection (1) does not apply to an application for an adult entertainment permit if— (a) an adult entertainment permit (the previous permit ) was previously granted for the relevant premises; and (b) the application is made before, or no later than 30 days after, the previous permit expires. (4) Also, subsection (1) does not apply if the local government abstains, in writing, from consenting to the application. (5) In this section— consent , of a local government to an application for an adult entertainment permit, does not include a development approval for the relevant premises given by the local government under the Sustainable Planning Act 2009 . relevant premises means the premises in relation to which the adult entertainment permit is sought. 50 Amendment of s 107C (Commissioner may impose conditions on licences and permits) Section 107C— insert— (3) Without limiting subsection (1), a condition of a commercial special facility licence relating to an airport or casino may, and always could, specify the trading hours for the licensed premises on Anzac Day, Good Friday or Christmas Day. (4) A condition may provide for matters mentioned in section 173EG. Page 58 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 51] 51 Amendment of s 111 (Variation of licence) (1) Section 111(2)(g)— omit, insert— (g) another matter for the purpose of— (i) ensuring compliance with this Act; or (ii) minimising alcohol-related disturbances, or public disorder, in a locality; or (iii) otherwise giving effect to the main purpose of this Act mentioned in section 3(a). (2) Section 111(2A)— omit, insert— (3) The ways the commissioner may seek to vary a licence under subsection (2) include imposing a new condition, amending a condition and revoking a condition. (4) The commissioner may, under subsection (2), seek to make the same variation to each licence, or each licence of a particular class, for licensed premises in a particular safe night precinct, restricted area or other area. Examples — 1. The commissioner may seek to vary all the licences for licensed premises in a particular safe night precinct by imposing on each licence a condition requiring that a patron must not be allowed to enter the premises during a stated period. 2. The commissioner may seek to vary all the commercial hotel licences for licensed premises in a central business district by imposing on each licence a condition under section 173EF(2). 2014 Act No. 42 Page 59

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 52] 52 Amendment of s 112 (Procedure for variation by commissioner) Section 112(1A)— insert— (c) the chief executive of the department that administers the Aboriginal and Torres StraitIslanderCommunities(Justice,LandandOther Matters) Act 1984 . 53 Amendment of s 116 (When community impact statement to be given to commissioner) Section 116(3)(b), ‘5a.m.’— omit, insert— 1a.m. 54 Amendment of s 117A (Comments about particular applications) Section 117A(1)— insert— (d) the chief executive of the department that administers the Aboriginal and Torres StraitIslanderCommunities(Justice,LandandOther Matters) Act 1984 . 55 Amendment of s 118 (Advertisement of applications) Section 118(1)(b)(ii), ‘5a.m.’— omit, insert— 1a.m. Page 60 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 7 Amendment of Liquor Act 1992 [s 56] 56 Amendment of s 121 (Matters the commissioner must have regard to) Section 121(1)(e), after ‘for the area’— insert— and the chief executive of the department that administers the Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984 57 Insertion of new s 121A After section 121— insert— 121A Commissioner must publish information after granting particular applications (1) This section applies if— (a) the commissioner receives an application for an extended trading hours approval; and (b) under section 117, the police district officer for the locality objects to the grant of the application; and (c) the commissioner grants the application. (2) The commissioner must publish, on the department’s website, information about how public safety concerns will be addressed in relation to the licensed premises to which the approval applies. (3) The information must— (a) be published on the department’s website as soon as practicable after the commissioner grants the application; and (b) continue to be published for a period of at least 3 months. 2014 Act No. 42 Page 61

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 118] decision is made at least 3 days before the ending time for the initial police banning notice. (6) The police officer must, when giving the respondent the extended police banning notice, also give written notice of the officer’s reasons for the decision. 602G Cancellation of initial police banning notice (1) A police officer of at least the rank of senior sergeant may decide, at any time and on the officer’s own initiative, to cancel an initial police banning notice. (2) Before making a decision under subsection (1), the police officer must be reasonably satisfied, having regard to the circumstances in which the initial police banning notice was given that— (a) the notice should not have been given to the respondent; or (b) the notice is causing, or will cause, undue hardship to the respondent or a member of the respondent’s family. Division 4 General provisions about notices 602H Form of notice A police banning notice must be in the approved form and state the following— (a) the name and date of birth of the respondent for the notice; (b) the day and time the notice starts; (c) the day and time the notice ends; Page 162 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 118] (d) the acts that are prohibited by the notice; (e) that an extended police banning notice may be given, or an initial police banning notice may be cancelled by a police officer, under division 3; (f) that a respondent may apply to the commissioner to amend or cancel the notice and the process for seeking amendment or cancellation; (g) that it is an offence to contravene the notice; (h) that a police officer may detain and photograph the respondent; (i) that an image of the respondent may be attached to the notice and distributed under chapter 19, part 5B. 602I Written record for notices (1) This section applies to a police officer who— (a) approves the giving of an initial police banning notice; or (b) gives an extended police banning notice. (2) The police officer must make a written record of the following— (a) the officer’s decision to approve or give the police banning notice; (b) the reason for the officer’s decision; (c) the date and time of the decision; (d) the officer’s name, rank, registered number and station. (3) However, a police banning notice is not invalid merely because the approval is not in writing, if the police officer makes the written record as 2014 Act No. 42 Page 163

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 118] required under subsection (2) at the first reasonable opportunity after the notice is given. 602J Actions not prohibited by notice Despite section 602B, a police banning notice does not prohibit the respondent for the notice from entering or remaining in the respondent’s residence, place of employment or place of education. 602K Amendment or cancellation if court banning order made (1) This section applies if the commissioner receives a court banning order— (a) for a person who is the respondent named in a police banning notice; and (b) that states the court’s decision about the cancellation or amendment of the notice. Note — A proper officer of a court must give a copy of a banning order to the commissioner under the Penalties and Sentences Act 1992 , section 43M. (2) The commissioner must ensure that, as soon as practicable, but not more than 2 business days after receiving the banning order, the police banning notice is— (a) cancelled; or (b) amended in the way decided by the court. (3) The commissioner must give the respondent a written notice stating the police banning notice has been amended or cancelled. (4) In this section— Page 164 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 118] court banning order means a banning order made under the PenaltiesandSentencesAct1992 , part 3B, for a person by a court. 602L Procedure if police banning notice amended or cancelled (1) This section applies if the commissioner (the decision-maker ) decides to amend or cancel, or a police officer (also the decision-maker ) decides to cancel, a police banning notice under this part. Note — For cancellation of a police banning notice by a police officer, see division 3. For amendment or cancellation of a police banning notice on application by the respondent, see division 5. (2) The decision-maker must, as soon as reasonably practicable, give the respondent named in the police banning notice— (a) if the decision-maker decides to amend the notice—a new police banning notice that includes the changes decided by the decision-maker; and (b) if the decision-maker decides to cancel the notice—a written statement stating the notice has been cancelled and the day and time of the cancellation. (3) Subsection (4) applies if an amended or cancelled police banning notice has, before the amendment or cancellation, been distributed to a person by a police officer under section 602U. (4) The decision-maker must ensure the person is notified of the cancellation or amendment of the police banning notice. Note — Section 602W requires the person to destroy a police banning notice in particular circumstances. 2014 Act No. 42 Page 165

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 118] 602M Effect of cancellation of notice A police banning notice cancelled by the commissioner or a police officer has no effect immediately after it is cancelled. Division 5 Review of notices 602N Internal review for police banning notices (1) A respondent for a police banning notice may apply, in the approved form, to the commissioner to amend or cancel the notice— (a) if the application relates to an initial police banning notice—within 5 days after the starting time of the notice; or (b) otherwise—at any time. (2) Without limiting subsection (1), the respondent may apply to the commissioner on the ground that the police banning notice— (a) prevents the respondent from entering, remaining in, or using a mode of transport to travel to, the respondent’s residence, place of employment or place of education; or (b) is causing, or will cause, undue hardship to the respondent or a member of the respondent’s family. (3) The respondent must give the commissioner sufficient information with the application to enable the commissioner to decide the application. Page 166 602O Commissioner’s decision about notices (1) The commissioner must decide an application made under section 602N— 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 118] (a) as soon as reasonably practicable; and (b) if the application relates to an extended police banning notice—no later than 5 business days after receiving the application. (2) If the application relates to an extended police banning notice, the commissioner must give the respondent for the notice a QCAT information notice for the commissioner’s decision on the application. (3) In this section— QCAT information notice means a notice complying with the QCAT Act, section 157(2). 602P Review by QCAT A person given, or entitled to be given, a QCAT information notice under section 602O(2) for a police banning notice may apply, as provided under the QCAT Act, to QCAT for review of the commissioner’s decision. Note — The QCAT Act, section 22(3) provides that QCAT may stay the operation of a reviewable decision, either on application by a person or on its own initiative. Division 6 Offence 602Q Offence to contravene notice A person named in a police banning notice must not, without reasonable excuse, contravene the notice. Maximum penalty—60 penalty units. 2014 Act No. 42 Page 167

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 118] Part 5B Photographing persons and distributing orders and images Division 1 Preliminary 602R Definitions for pt 5B In this part— approved ID scanning system see the Liquor Act1992 , section 173EE. approved operator see the LiquorAct1992 , section 173EE. banning order means— (a) a police banning notice; or (b) a document recording a special condition to which a person’s bail is subject under the Bail Act 1980 , section 11(3); or (c) a banning order made under the Penaltiesand Sentences Act 1992 , part 3B. destroy , an image, includes— (a) deleting an electronic copy of the image; and (b) ending the way in which the image may be accessed electronically. distribute , an imaged order, means giving the order to a person, whether the order is given in hard copy, electronically or by allowing the person electronic access to a database. image , of a person, means an image, including a digital image, taken by a police officer photographing the person under this part. Page 168 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 118] imaged order see section 602T(2). photograph does not include videotaping. Division 2 Power to photograph persons and distribute orders and images 602S Power to detain and photograph (1) A police officer may detain and photograph the following persons at a police vehicle, watch-house or police station— (a) a respondent for a police banning notice; (b) a person whose bail is subject to a special condition mentioned in the BailAct1980 , section 11(3), if— (i) the person was granted bail by a police officer at a place mentioned in section 11(4AA)(a) of that Act; or (ii) a condition was imposed on the person by the court under section 11(4AA)(b) of that Act; (c) a person who has been ordered by a court to attend a police station under the Penaltiesand Sentences Act 1992 , section 43J(4). (2) The police officer may— (a) detain the person under this section only for the time reasonably necessary to photograph the person; and (b) photograph the person’s face, neck and hair. 2014 Act No. 42 Page 169

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 118] 602T Attaching image to a banning order (1) A police officer may attach an image of a person taken under this part to a banning order for the person. (2) An imaged order is a banning order to which an image has been attached. (3) To remove doubt, it is declared that an image of a person taken for a particular banning order may be attached to a different banning order for the person. Example for subsection (3) — An image of a person taken for a police banning notice may be later attached to a banning order made under the PenaltiesandSentencesAct1992 , part 3B for the person. Page 170 602U Distribution of imaged order or police banning notice (1) A police officer may distribute an imaged order for a person to the Commissioner for Liquor and Gaming, or an approved operator for an approved ID scanning system, for recording on the approved ID scanning system. (2) A police officer may also distribute an imaged order to any 1 or more of the following persons for the purposes of preventing the entry of the person named in the order to the places stated in the order— (a) the licensee of any licensed premises stated in the order; (b) the licensee of any licensed premises included in a class of licensed premises stated in the order; (c) an approved manager working at the licensed premises mentioned in paragraph 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 118] (3) (3A) (4) (a) or (b) or at an event to which the order applies; (d) if there is no approved manager working at an event stated in the order—the person responsible for the sale of liquor at the event. The distribution of the imaged order may be subject to reasonable conditions decided by the commissioner. Also, a police officer may distribute a police banning notice that does not have an image attached to it in the same way as an imaged order may be distributed under this section. Notes — 1 The Bail Act 1980 , section 34F provides for the distribution of information about a special condition made under section 11(3) of that Act in circumstances where the condition does not have an image attached to it. 2 The Penalties and Sentences Act 1992 , section 43N provides for the distribution of a banning order made under that Act in circumstances where the order does not have an image attached to it. In this section— approved manager means a person holding an approval as an approved manager under the Liquor Act 1992 . Commissioner for Liquor and Gaming means the Commissioner for Liquor and Gaming under the Gaming Machine Act 1991 . 2014 Act No. 42 Page 171

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 118] Division 3 Destruction of images 602V Commissioner to destroy image (1) The commissioner must take reasonable steps to ensure that an image of a person taken for a banning order is destroyed as soon as reasonably practicable after the day the banning order no longer has effect. (2) However, if a relevant proceeding has started in relation to the person, the image must be destroyed as soon as reasonably practicable after the end of the period for appeal of a decision from the proceeding. (3) Subsection (1) does not prevent an image being attached to another banning order, if the image has not been destroyed under this section. (4) In this section— relevant proceeding , in relation to a person named in a banning order, means— (a) a proceeding for an offence committed, or alleged to have been committed, by the person arising from the circumstances that led to the giving of the order; or (b) a proceeding for an offence under section 602W relating to the banning order. Page 172 602W Other persons who must destroy imaged order or police banning notice (1) This section applies to a person to whom an imaged order has been distributed under section 602U, other than a person operating an approved ID scanning system or using an approved ID scanner under the Liquor Act 1992 . Note — 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 119] Part 6AA of the Liquor Act 1992 deals with the use of banning orders held in an approved ID scanning system. (2) The person must destroy the imaged order as soon as practicable, and not later than 7 days, after the day the banning order no longer has effect, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (3) The person must not, without reasonable excuse— (a) use the imaged order in any way other than in a way that is reasonable for the purpose of preventing the entry of the person named in the order to a place stated in the order; or Example of a reasonable way of using an order for paragraph (a) — A person keeps an imaged order in a secure area of licensed premises and only gives the order to staff who are working at the front door of the premises. Example of an unreasonable way of using an order for paragraph (a) — A person puts an imaged order in a place at licensed premises that is visible to the public. (b) contravene a condition decided for the imaged order under section 602U(3). Maximum penalty—40 penalty units. (4) In this section— imaged order includes a police banning notice that does not have an image attached to it. 119 Amendment of s 686 (Application of pt 3) Section 686(2)(e), ‘under’— omit, insert — under chapter 18A or 2014 Act No. 42 Page 173

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 120] 120 Amendment of s 790 (Offence to assault or obstruct police officer) (1) Section 790(1), penalty— omit, insert — Maximum penalty— (a) if the assault or obstruction happens within licensed premises, or in the vicinity of licensed premises—60 penalty units or 12 months imprisonment; or (b) otherwise—40 penalty units or 6 months imprisonment. (2) Section 790— insert— (2A) The Penalties and Sentences Act 1992 , section 108B also states a circumstance of aggravation for an offence against this section. 121 Amendment of s 791 (Offence to contravene direction or requirement of police officer) Section 791(2), penalty— omit, insert — Maximum penalty— (a) for contravening a direction given under section 48— (i) within licensed premises, or in a regulated place located in the vicinity of licensed premises; or (ii) in a public place located in a safe night precinct—60 penalty units; or (b) for contravening another requirement or direction relating to a relevant law for which the penalty for a contravention of a similar Page 174 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 122] requirement or direction made by a public official under the relevant law is more than 40 penalty units—the maximum penalty under the relevant law for the offence; or (c) otherwise—40 penalty units. 122 Amendment of sch 6 (Dictionary) (1) Schedule 6, definitions licensed premises and photograph — omit. (2) Schedule 6— insert — approved ID scanning system , for chapter 19, part 5B, see section 602R. approved operator , for chapter 19, part 5B, see section 602R. banning order , for chapter 19, part 5B, see section 602R . centre officer, in relation to a sober safe centre, for chapter 14, part 5, division 2, see section 390A. destroy , an image, for chapter 19, part 5B, see section 602R. distribute , an imaged order, for chapter 19, part 5B, see section 602R. ending time , for an initial police banning notice, for chapter 19, part 5A, see section 602A. extended police banning notice , for chapter 19, part 5A, see section 602F(2). health care professional , for chapter 14, part 5, division 2, see section 390A. image , of a person, for chapter 19, part 5B, see section 602R. 2014 Act No. 42 Page 175

Safe Night Out Legislation Amendment Act 2014 Part 9 Amendment of Police Powers and Responsibilities Act 2000 [s 122] Page 176 imaged order , for chapter 19, part 5B, see section 602T(2). initial police banning notice , for chapter 19, part 5A, see section 602C(1). intoxicated , in relation to a person, means the person is adversely affected by an intoxicating substance. licensed premises — (a) means licensed premises within the meaning of the Liquor Act 1992 ; and (b) includes a place to which a permit under that Act relates. manager , of a sober safe centre, for chapter 14, part 5, division 2, see section 390A. nuisance offence means an offence for any of the following— (a) contravening a direction of a police officer under section 791 if the direction is given by the officer exercising a power under chapter 2, part 5; (b) public nuisance under the SummaryOffences Act 2005 , section 6; (c) urinating in a public place under the Summary Offences Act 2005, section 7. Note — Chapter 2, part 5 deals with directions to move on. photograph , when used as a verb— (a) generally, includes photocopy, videotape, and record an image, whether digitally or in another way; but (b) for chapter 19, part 5B, does not include videotaping an image. police banning notice see section 602B. 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 9A Amendment of Security Providers Act 1993 [s 122A] prescribed safe night precinct , for a sober safe centre, for chapter 14, part 5, division 2, see section 390A. relevant assault offence , for chapter 18A, see section 548B. relevant public place , for chapter 19, part 5A, see section 602A. respondent , for a police banning notice, see section 602A. responsible person , for chapter 14, part 5, division 2, see section 390A. safe night precinct see the LiquorAct1992 , section 173NC(1). sober safe centre means a place prescribed by regulation as a place to be used for the temporary detention and care of intoxicated persons under chapter 14, part 5, division 2. starting time , for an initial banning notice, for chapter 19, part 5A, see section 602D(a). Part 9A Amendment of Security Providers Act 1993 122A Act amended This part amends the Security Providers Act 1993 . 122B Amendment of sch 1 (Disqualifying offence provisions under the Criminal Code) Schedule 1, part 1— insert— 2014 Act No. 42 Page 177

Safe Night Out Legislation Amendment Act 2014 Part 9B Amendment of State Penalties Enforcement Regulation 2014 [s 122C] 5A chapter 28A (Unlawful striking causing death) Part 9B Amendment of State Penalties Enforcement Regulation 2014 122C Regulation amended This part amends the State Penalties Enforcement Regulation2014 . 122D Amendment of sch 1 (Infringement notice offences and fines for nominated laws) (1) Schedule 1, entry for the Liquor Act 1992 , entries for sections 165(2), 165(4) and 165A(2), column 3, ‘4’— omit, insert — 5 (2) Schedule 1, entry for the Liquor Act 1992 — insert — s 165A(4) (other than an offence that constitutes an assault on an authorised person) . . . . . . . . . . . . . 5 (3) Schedule 1, entry for the Police Powers and ResponsibilitiesAct 2000 , entries for sections 790(1) and 791(2)— omit , insert — s 790(1) in the circumstances in paragraph (a) of the penalty (other than an offence that constitutes an assault on a police officer) 6 Page 178 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 9B Amendment of State Penalties Enforcement Regulation 2014 [s 122D] s 790(1) in the circumstances in paragraph (b) of the penalty (other than an offence that constitutes an assault on a police officer) s 791(2) in the circumstances in paragraph (a) of the penalty . . . . . . . . . . . . . . . . . . . . . . . . s 791(2) for contravention of a requirement under section 40(1) to state the alleged offender’s name or address as required. . s 791(2) for contravention of a requirement under section 58(2) to produce a driver licence for inspection. . . . . . . . . . . . . . . . . . . . . . s 791(2) in other circumstances in paragraph (b) of the penalty. . . . . . . . . . . . . . . . . . . . . . s 791(2) in the circumstances in paragraph (c) of the penalty . . . . . . . . . . . . . . . . . . . . . . . . 3 6 1 2 4 4 (4) Schedule 1, entry for the Summary Offences Act 2005 , entries for sections 6(1) and 7(1)— omit, insert — s 6(1) s 6(1) for abusive, indecent, obscene or offensive language— (a) within licensed premises, or in the vicinity of licensed premises (b) in other circumstances for disorderly, offensive, threatening or violent behaviour (other than an offence that constitutes an assault)— (a) within licensed premises, or in the vicinity of licensed premises (b) in other circumstances 3 1 6 3 2014 Act No. 42 Page 179

Safe Night Out Legislation Amendment Act 2014 Part 10 Amendment of Summary Offences Act 2005 [s 123] s 7(1) for urinating in a public place— (a) within licensed premises, or in the vicinity of licensed premises (b) in other circumstances 2 1 Part 10 Amendment of Summary Offences Act 2005 123 Act amended This part amends the Summary Offences Act 2005 . 124 Amendment of s 6 (Public nuisance) Section 6(1), penalty— omit, insert — Maximum penalty— (a) if the person commits a public nuisance offence within licensed premises, or in the vicinity of licensed premises—25 penalty units or 6 months imprisonment; or (b) otherwise—10 penalty units or 6 months imprisonment. 125 Amendment of s 7 (Urinating in a public place) Section 7(1), penalty— omit, insert — Maximum penalty— (a) if the person urinates within licensed premises, or in the vicinity of licensed premises—4 penalty units; or Page 180 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 10A Amendment of Transport Operations (Passenger Transport) Act 1994 [s 126] (b) otherwise—2 penalty units. 126 Replacement of s 10 (Being drunk in a public place) Section 10— omit, insert — 10 Being intoxicated in a public place (1) A person must not be intoxicated in a public place. Maximum penalty—2 penalty units. (2) In this section— intoxicated means drunk or otherwise adversely affected by drugs or another intoxicating substance. Part 10A Amendment of Transport Operations (Passenger Transport) Act 1994 126A Act amended This part amends the TransportOperations(PassengerTransport) Act 1994 . 126B Amendment of sch 1 (Disqualifying offences—provisions of the Criminal Code) Schedule 1, part 1— insert— 7A chapter 28A (Unlawful striking causing death) 2014 Act No. 42 Page 181

Safe Night Out Legislation Amendment Act 2014 Part 11 Amendment of Vicious Lawless Association Disestablishment Act 2013 [s 126C] 126C Amendment of sch 1A (Driver disqualification offences) Schedule 1A, part 3, division 1— insert— 7A chapter 28A (Unlawful striking causing death) Part 11 Amendment of Vicious Lawless Association Disestablishment Act 2013 127 Act amended This part amends the Vicious Lawless Disestablishment Act 2013 . 128 Amendment of sch 1 (Declared offences) Schedule 1, entries for the Criminal Code— insert— • section 314A (Unlawful striking causing death) Part 12 Amendment of Victim of Crime Assistance Act 2009 129 Act amended This part amends the Victim of Crime Assistance Act 2009 . Page 182 2014 Act No. 42

Safe Night Out Legislation Amendment Act 2014 Part 13 Amendment of Wine Industry Act 1994 [s 130] 130 Amendment of sch 3 (Dictionary) Schedule 3, definition more serious act of violence , paragraph (a), after ‘murder,’— insert— unlawful striking causing death, Part 13 Amendment of Wine Industry Act 1994 131 Act amended This part amends the Wine Industry Act 1994. 132 Amendment of s 36 (Wine prohibited to certain persons) Section 36— insert— (2) For subsection (1), a person may be taken to be unduly intoxicated if— (a) the person’s speech, balance, co-ordination or behaviour is noticeably affected; and (b) there are reasonable grounds for believing the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor, drugs or another intoxicating substance. 133 Amendment of sch 2 (Dictionary) Schedule 2, definition unduly intoxicated — omit. 2014 Act No. 42 Page 183

Safe Night Out Legislation Amendment Act 2014 © State of Queensland 2014 Authorised by the Parliamentary Counsel Page 184 2014 Act No. 42