Serious and Organised Crime Legislation Amendment Act 2016 (Qld)
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The Parliament of Queensland enacts—
Part 1 Preliminary
1 Short title
This Act may be cited as the Serious and Organised Crime Legislation Amendment Act 2016.
2 Commencement
(1) The following provisions commence on the day that is 3 months after the date of assent—• part 7, division 3• part 17• part 18• part 21, division 3• part 22• section 396(4) to (7)• part 30, division 3• schedule 1, part 2.(2) Part 7 , division 4, commences on the day that is 2 years after the date of assent.
Part 2 Amendment of Bail Act 1980
3 Act amended
This part amends the Bail Act 1980.
4 Amendment of s 6 (Definitions)
Section 6, definitions criminal organisation and participant—
omit.
5 Amendment of s 11 (Conditions of release on bail)
Section 11(2)(b)—
insert—Examples of special conditions for paragraph (b)(ii)—
• a special condition that prohibits a person from associating with a stated person or a person of a stated class• a special condition that prohibits a person from entering or being in the vicinity of a stated place or a place of a stated class
7 Amendment of s 16 (Refusal of bail)
(1) Section 16(3)(e)—
omit, insert—(e) with an offence against the Penalties and Sentences Act 1992, section 161ZI or the Peace and Good Behaviour Act 1982, section 32; or(2) Section 16(3A) to (3D)—
omit.(3) Section 16(4), ‘or (3A)’—
omit.
8 Amendment of s 20 (Undertaking as to bail)
Section 20(10), definition passport surrender condition—
omit, insert—passport surrender condition, for a defendant, means a special condition under section 11(2) that includes a requirement that the defendant surrender the defendant’s current passport.
Part 3 Amendment of Child Protection (Offender Reporting) Act 2004
9 Act amended
This part amends the Child Protection (Offender Reporting) Act 2004.
10 Amendment of sch 1 (Prescribed offences)
Schedule 1, item 4—
insert—• section 228DA (Administering child exploitation material website)• section 228DB (Encouraging use of child exploitation material website)• section 228DC (Distributing information about avoiding detection)
Part 4 Amendment of Corrective Services Act 2006
11 Act amended
This part amends the Corrective Services Act 2006.
12 Amendment of s 12 (Prisoner security classification)
Section 12(1B)—
omit.
13 Amendment of s 13 (Reviewing prisoner’s security classification)
Section 13(1B)—
omit.
14 Amendment of s 41 (Who may be required to give test sample)
Section 41(1)(c)—
omit.
15 Omission of ch 2, pt 2, div 6A (Criminal organisation segregation orders)
Chapter 2, part 2, division 6A—
omit.
16 Amendment of s 71 (Reconsidering decision)
(1) Section 71(5)—
omit.(2) Section 71(6)—
renumber as section 71(5).
17 Amendment of s 178 (Definition for sdiv 2)
(1) Section 178, heading, ‘Definition’—
omit, insert—Definitions(2) Section 178—
insert—prescribed offence see the Penalties and Sentences Act 1992, section 161N.relevant further period, in relation to a prisoner serving a term of imprisonment imposed under the Penalties and Sentences Act 1992, section 161R(2), means the period of the mandatory component of the sentence imposed on the prisoner under that section.
18 Amendment of s 181 (Parole eligibility date for prisoner serving term of imprisonment for life)
(1) Section 181—
insert—(2A) However, if the term of imprisonment for life was imposed as the base component of a sentence under the Penalties and Sentences Act 1992, section 161R(2), the prisoner’s parole eligibility date is the day that is worked out by adding 7 years to the parole eligibility date that would otherwise apply to the prisoner under subsection (2).(2B) Also, if a prisoner who is serving a term of imprisonment for life is sentenced under the Penalties and Sentences Act 1992, section 161R(2) for a prescribed offence, the prisoner’s parole eligibility date is the day that is worked out by adding, to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) or (2A), the lesser of the following periods—(a) 7 years;(b) the period of imprisonment provided for under the maximum penalty for the prescribed offence.(2) Section 181(3), ‘subsection (2)’—
omit, insert—subsections (2), (2A) and (2B)
19 Amendment of s 181A (Parole eligibility date for prisoner serving term of imprisonment for life for a repeat serious child sex offence)
Section 181A—
insert—(3) However, if the term of imprisonment for life under the Penalties and Sentences Act 1992, section 161E was imposed as the base component of a sentence under section 161R(2) of that Act, the prisoner’s parole eligibility date is the day that is worked out by adding 7 years to the parole eligibility date that would otherwise apply to the prisoner under subsection (2).(4) Also, if a prisoner who is serving a term of imprisonment for life under the Penalties and Sentences Act 1992, section 161E is sentenced under section 161R(2) of that Act for a prescribed offence, the prisoner’s parole eligibility date is the day that is worked out by adding, to the parole eligibility date that would otherwise apply to the prisoner under subsection (2) or (3), the lesser of the following periods—(a) 7 years;(b) the period of imprisonment provided for under the maximum penalty for the prescribed offence.
20 Amendment of s 182 (Parole eligibility date for serious violent offender)
(1) Section 182—
insert—(2A) However, if the term of imprisonment for the serious violent offence was imposed under the Penalties and Sentences Act 1992, section 161R(2), the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the notional parole eligibility date fixed for the prisoner under subsection (2B).(2B) The notional parole eligibility date is the day that would apply under subsection (2) if the term of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992, section 161R(2) consisted only of the base component of the sentence imposed under that section.(2) Section 182(3), ‘However’—
omit, insert—Despite subsections (2) and (2A)
21 Amendment of s 182A (Parole eligibility date for prisoner serving term of imprisonment for other particular serious offences)
(1) Section 182A(1)—
omit, insert—(1) This section applies to a prisoner who—(a) is serving a term of imprisonment for a drug trafficking offence; and(b) was sentenced for the offence under the Drugs Misuse Act 1986, section 5(2) as in force before the commencement of the Serious and Organised Crime Legislation Amendment Act 2016, section 164.(2) Section 182A(3)(b), after ‘against’—
insert—the Criminal Code,(3) Section 182A—
insert—(3A) However, if the term of imprisonment for the offence against the Criminal Code, section 314A was imposed under the Penalties and Sentences Act 1992, section 161R(2), the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the notional parole eligibility date fixed for the prisoner under subsection (3B).(3B) The notional parole eligibility date is the day that would apply under subsection (3) if the term of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992, section 161R(2) consisted only of the base component of the sentence imposed under that section.(4) Section 182A(4), ‘However’—
omit, insert—Despite subsections (3) and (3A)
22 Amendment of s 183 (Parole eligibility date for prisoner detained for a period directed by a judge under Criminal Law Amendment Act 1945, pt 3)
(1) Section 183—
insert—(2A) However, subsection (2B) applies if—(a) the offence for which the prisoner is being detained is a prescribed offence committed with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q; and(b) the prisoner has been sentenced for the offence under section 161R(2) of that Act.(2B) The prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the parole eligibility date that would otherwise apply to the prisoner under subsection (2).(2) Section 183(3), ‘However’—
omit, insert—Despite subsections (2) and (2B)
23 Amendment of s 184 (Parole eligibility date for other prisoners)
(1) Section 184(1)(a)(ii), after ‘3 years’—
insert—(excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992, section 161R(2))(2) Section 184(1)(b), after ‘for an offence’—
insert—(excluding the mandatory component of any sentence of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992, section 161R(2))(3) Section 184—
insert—(3A) Despite subsections (2) and (3)(a), if the prisoner has been sentenced for the offence under the Penalties and Sentences Act 1992, section 161R(2), the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the notional parole eligibility date fixed for the prisoner under subsection (3B).(3B) The notional parole eligibility date is the day that would apply under subsection (2) or (3)(a) if the term of imprisonment imposed on the prisoner under the Penalties and Sentences Act 1992, section 161R(2) consisted only of the base component of the sentence imposed under that section.
24 Amendment of s 185B (Parole eligibility date for prisoner serving term of imprisonment for an offence against Weapons Act 1990, section 50, 50B or 65)
(1) Section 185B, heading, ‘section 50’—
omit, insert—s 50(2) Section 185B—
insert—(3) However, if the term of imprisonment was imposed under the Penalties and Sentences Act 1992, section 161R(2) for an offence against the Weapons Act 1990, section 50B or 65, the prisoner’s parole eligibility date is the day that is worked out by adding the relevant further period to the parole eligibility date that would otherwise apply to the prisoner under subsection (2).
25 Omission of s 267A (Directions to identified participant in criminal organisation)
Section 267A—
omit.
26 Omission of s 344AA (Commissioner may provide information about particular offender’s participation in criminal organisation)
Section 344AA—
omit.
27 Omission of ss 350A and 350B
Sections 350A and 350B—
omit.
28 Insertion of new ch 7A, pt 9
Chapter 7A—
insert—Part 9 Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016
490E Definition for part
In this part—pre-amended Act means this Act as in force before the commencement.490F Prisoner classifications
(1) This section applies in relation to a prisoner who, immediately before the commencement, was subject to a criminal organisation segregation order under the pre-amended Act.(2) On the commencement, the prisoner’s security classification under the pre-amended Act, section 12(1B), is the prisoner’s security classification under section 12(1).(3) The chief executive must, as soon as practicable after the commencement, review the prisoner’s security classification under section 13.490G Keeping records
(1) The chief executive must continue to keep the record of relevant information about a prisoner.(2) In this section—record of relevant information, about a prisoner, means the record under the pre-amended Act, section 65D, and copies of any advices mentioned in the pre-amended Act, section 65D(3), kept in relation to the prisoner immediately before the commencement.490H Criminal organisation segregation orders
(1) On the commencement, a criminal organisation segregation order in effect under the pre-amended Act immediately before the commencement is cancelled.(2) A doctor or nurse must, as soon as practicable after the commencement, examine the prisoner who was subject to the order.(3) The chief executive must record, for each corrective services facility, the following details for each prisoner who was subject to an order mentioned in subsection (1)—(a) the date on which it was cancelled;(b) the date on which the prisoner was examined under subsection (2).(4) The chief executive must record the information mentioned in subsection (3) in the record kept under section 490G.490I Requirement for test sample before commencement
On the commencement, any requirement made of a person under the pre-amended Act, section 41(1)(c), ends.490J Directions to identified participant
(1) On the commencement, a direction given under the pre-amended Act, section 267A(3)(a) or (c), and in place immediately before the commencement ends.(2) The chief executive must tell the offender subject to the direction that the direction is no longer in place.490K Monitoring devices
(1) If immediately before the commencement an offender was subject to a direction under the pre-amended Act, section 267A(3)(b), the direction continues in force according to its terms.(2) The chief executive must review the direction as soon as practicable after the commencement.(3) If the chief executive does not consider it reasonably necessary for the offender to wear a device for monitoring the offender’s location, the chief executive must—(a) cancel the direction; and(b) tell the offender that the direction given to the offender is no longer in place.
29 Amendment of sch 1 (Sexual offences)
Schedule 1, entry for the Criminal Code—
insert—section 228DA (Administering child exploitation material website)section 228DB (Encouraging use of child exploitation material website)section 228DC (Distributing information about avoiding detection)
30 Amendment of sch 4 (Dictionary)
Schedule 4, definitions COSO, criminal organisation, criminal organisation segregation order, identified participant and participant—
omit.
Part 5 Amendment of Crime and Corruption Act 2001
31 Act amended
This part amends the Crime and Corruption Act 2001.
32 Amendment of s 25 (Commission’s crime function)
Section 25(b)—
omit, insert—(b) to investigate, under an authorisation under section 55D, incidents that threaten, have threatened or may threaten public safety that criminal organisations or participants in criminal organisations have engaged in, are engaging in, or are planning to engage in.
33 Amendment of s 53 (Intelligence functions)
Section 53(b), ‘under an authorisation under section 55F’—
omit.
34 Replacement of ch 2, pt 4, div 2A, hdg
Chapter 2, part 4, division 2A, heading—
omit, insert—Division 2A Specific intelligence operations
35 Amendment of s 55A (Authorising the commission)
Section 55A, heading, ‘the commission’—
omit, insert—specific intelligence operation
36 Amendment of s 55B (Matters to which the reference committee must consider before granting an authorisation)
Section 55B, heading, from ‘to which’—
omit, insert—reference committee must consider
37 Amendment of s 55C (Reference committee may give commission directions about intelligence operations)
Section 55C, heading, from ‘about’—
omit.
38 Replacement of ch 2, pt 4, div 2B (Public safety)
Chapter 2, part 4, division 2B—
omit, insert—Division 2B Immediate responses to threats to public safety
55D Authorising immediate response
(1) This section applies if the reference committee is satisfied there are reasonable grounds to suspect that a criminal organisation or a participant in a criminal organisation has engaged in, is engaging in, or is planning to engage in, an incident that threatens, has threatened or may threaten public safety.(2) The reference committee may authorise the commission to do either or both of the following in response to, or to prevent, the threat to public safety—(a) undertake an investigation into the incident;(b) conduct a hearing in relation to the incident.(3) The authorisation must be in writing and identify—(a) the criminal organisation or participant that has engaged in, is engaging in, or is planning to engage in, the incident; and(b) the nature of the incident; and(c) the purpose of the investigation or hearing.(4) The authorisation may be made by the reference committee—(a) on its own initiative; or(b) if asked by the senior executive officer (crime) or the senior executive officer (corruption).55E Matters reference committee must consider
(1) The reference committee may authorise the commission to undertake the investigation or conduct the hearing only if the committee is satisfied—(a) as required under section 55D(1); and(b) it is in the public interest to authorise the commission to undertake the investigation or conduct the hearing in response to, or to prevent, the threat to public safety.(2) In considering the public interest, the reference committee may also have regard to the likely effectiveness of an investigation into criminal activity or corruption without the use of powers available to the commission under this division.(3) In this section—criminal activity means any act or omission that involves the commission of an offence.55F Reference committee may give commission directions
(1) The reference committee may give the commission directions imposing limitations on the commission’s investigation or hearing under an authorisation under section 55D , including limitations on the exercise of the commission’s powers for the investigation or hearing.(2) The reference committee may also direct the commission to end an investigation or hearing under an authorisation under section 55D if the committee considers—(a) it may be more appropriate for another entity to undertake the investigation or conduct the hearing; or(b) it may be more effective for another entity to undertake the investigation or conduct the hearing; or(c) undertaking the investigation or conducting the hearing is not a justifiable use of the commission’s resources; or(d) it is not in the public interest for the commission to undertake the investigation or conduct the hearing.(3) The commission must comply with a direction given under subsection (1) or (2) .(4) The reference committee may amend the terms of an authorisation on its own initiative or if asked by the senior executive officer (crime) or the senior executive officer (corruption).(5) To remove any doubt, it is declared that subsection (2) (d) is not limited by section 55D (2) .
39 Amendment of s 74 (Notice to produce for crime investigation, specific intelligence operation (crime) or witness protection function)
Section 74(5A) and (9)—
omit.
40 Amendment of s 82 (Notice to attend hearing—general)
(1) Section 82(6) and (9)—
omit.(2) Section 82(7), ‘section 55F’—
omit, insert—section 55D(3) Section 82(8), ‘subsection (7)’—
omit, insert—subsection (6)(4) Section 82(7) and (8)—
renumber as section 82(6) and (7).
41 Amendment of s 85 (Notices requiring immediate attendance may be issued only by or with the approval of a Supreme Court judge)
Section 85(2)(c), note, ‘section 82(7)’—
omit, insert—section 82(6)
42 Insertion of new s 85A
Chapter 3, part 2—
insert—85A Definitions for part
In this part—access information means information that is necessary for a person to access and read information stored electronically on a storage device.employee includes a person who works under a contract for services.issuer see section 86(6).relevant evidence means—(a) evidence of the commission of major crime or corruption; or(b) evidence that may be confiscation related evidence.specified person means a person who—(a) is—(i) reasonably suspected of having committed an offence for which a search warrant was issued; or(ii) the owner of a storage device; or(iii) in possession of a storage device; or(iv) an employee of the owner or person in possession of a storage device; or(v) a person who uses or has used a storage device; or(vi) a person who is or was a system administrator for the computer network of which a storage device forms or formed a part; and(b) has a working knowledge of—(i) how to access and operate a storage device or a computer network of which the storage device forms or formed a part; or(ii) measures applied to protect information stored on a storage device.storage device means a device on which information may be stored electronically, including a computer.
stored, on a storage device, includes accessible through the device.
43 Insertion of new ss 88A–88C
After section 88—
insert—88A Order in search warrant about information necessary to access information stored electronically
(1) The issuer may, in the search warrant, order a specified person to do any of the following in relation to a storage device in the person’s possession, or to which the person has access, at the place—(a) give a commission officer access to the device;(b) give a commission officer access information and any other information or assistance necessary for the officer to gain access to information stored on the device;(c) allow a commission officer to—(i) use access information to gain access to information stored on the device; and(ii) examine information stored on the device to find out whether it may be relevant evidence; and(iii) make a copy of information stored on the device that may be relevant evidence, including by using another storage device; and(iv) convert information stored on the device that may be relevant evidence into documentary form or another form that enables it to be understood by a commission officer.(2) The issuer may also, in the search warrant, order that, if the storage device is seized and removed from the place, a specified person is required to do a thing mentioned in subsection (1)(b) or (c) after the device has been removed.(3) An order made under subsection (2) must state—(a) the time at or by which the specified person must give a commission officer the information or assistance; and(b) the place where the specified person must provide the information or assistance; and(c) any conditions to which the provision of the information or assistance is subject.88B Order for access information after storage device has been seized
(1) This section applies if—(a) a storage device is seized under the search warrant and removed from the place; and(b) either—(i) the search warrant did not contain an order made under section 88A(1) or (2); or(ii) the search warrant contained an order made under section 88A(1) or (2) but further access information is required for a commission officer to gain access to information stored on the device that may be relevant evidence.(2) On the application of an authorised commission officer, a magistrate or a judge may make an order requiring a specified person to do a thing mentioned in section 88A(1)(b) or (c).(3) An application made under subsection (2)—(a) may be made at any time after the warrant has been issued; and(b) must be made—(i) if the search warrant was issued by a judge—to a Supreme Court judge; or(ii) if the search warrant was issued by a magistrate—to a magistrate.(4) An order made under subsection (2) must state—(a) the time at or by which the specified person must give a commission officer the information or assistance; and(b) the place where the specified person must provide the information or assistance; and(c) any conditions to which the provision of the information or assistance is subject; and(d) that failure, without reasonable excuse, to comply with the order may be dealt with under the Criminal Code, section 205A.(5) A magistrate or a judge may make an order under subsection (2) only if satisfied there are reasonable grounds for suspecting that information stored on the storage device may be relevant evidence.88C Compliance with order about information necessary to access information stored electronically
A person is not excused from complying with an order made under section 88A(1) or (2) or 88B(2) on the ground that complying with it may tend to incriminate the person or make the person liable to a penalty.
44 Amendment of s 91 (What search warrant must state)
Section 91(2)—
omit, insert—(2) If a magistrate or a judge makes an order under section 88 or 88A(1) or (2), the warrant must also state that failure, without reasonable excuse, to comply with the order may be dealt with under—(a) for section 88—the Criminal Code, section 205; or(b) for section 88A(1) or (2)—the Criminal Code, section 205A.
45 Amendment of s 176 (Commission may hold hearings)
Section 176(3), ‘or 55F’—
omit, insert—or 55D
46 Amendment of s 185 (Refusal to produce—claim of reasonable excuse)
Section 185(3A) and (10)—
omit.
47 Amendment of s 190 (Refusal to answer question)
Section 190(4) and (5)—
omit.
48 Amendment of s 199 (Punishment of contempt)
(1) Section 199(8A), ‘However, if’—
omit, insert—However, the court must punish the person in contempt by imprisonment if(2) Section 199(8A), from ‘contempt;’—
omit, insert—contempt.(3) Section 199(8B) and (8C)—
omit, insert—(8B) The maximum punishment the court may impose for a contempt mentioned in subsection (8A) is—(a) for the person’s first contempt—10 years imprisonment; or(b) for the person’s second contempt—14 years imprisonment; or(c) for the person’s third or subsequent contempt—life imprisonment.(8C) For subsection (8B)—(a) despite any other law, a term of imprisonment imposed under subsection (8B) must be ordered to be served wholly in a corrective services facility; and(b) if a person is punished for more than 1 contempt, unless there are exceptional circumstances, the punishment for the second contempt or third or subsequent contempt must be for a term of imprisonment that is longer than the term of imprisonment imposed on the person for the immediately preceding contempt; and(c) the hearings mentioned in subsection (12), definition second contempt, may be the same hearing; and(d) the hearings mentioned in subsection (12), definition third or subsequent contempt, may be the same hearing; and(e) the failure by a person of a type mentioned in subsection (8A) that constitutes the person’s second contempt, or third or subsequent contempt, may be the same failure by the person of a type mentioned in subsection (8A) that constituted the person’s first contempt or other preceding contempt.(4) Section 199(8D) and (8E), ‘under subsection (8A)’—
omit, insert—under this section(5) Section 199—
insert—(12) In this section—first contempt, of a person, means a failure by the person of a type mentioned in subsection (8A).second contempt, of a person, means a failure by the person of a type mentioned in subsection (8A) that takes place in relation to a hearing dealing with the same subject matter as that dealt with in the hearing in which the person’s first contempt was certified and for which the person has served a term of imprisonment imposed under subsection (8B).third or subsequent contempt, of a person, means a failure by the person of a type mentioned in subsection (8A) that takes place in relation to a hearing dealing with the same subject matter as that dealt with in the hearing in which the person’s first contempt or other preceding contempt was certified and for which the person has served a term of imprisonment imposed under subsection (8B).
49 Amendment of s 201 (Commission must give evidence to defence unless court certifies otherwise)
Section 201(1A)—
omit.
50 Amendment of s 205 (Legal assistance for crime investigations)
(1AA) Section 205, heading, ‘for crime investigations’—
omit.(1) Section 205(1)(a), ‘for a crime investigation’—
omit.(2) Section 205(1)(b), from ‘hearing’—
omit, insert—commission hearing.(3) Section 205(1A)—
omit.(4) Section 205—
insert—(6) The Attorney-General may delegate a function under subsection (3) or (4) to the chief executive (justice).(7) The chief executive (justice) may subdelegate the delegated function to an appropriately qualified employee of the department administered by the chief executive (justice).(8) In this section—chief executive (justice) means the chief executive of the department in which the Criminal Code is administered.function includes power.
51 Amendment of s 213 (Secrecy)
(1) Section 213(3)(a)(i) and (b)(i)(A) ‘, an application or proceeding under the Criminal Organisation Act 2009’—
omit.(2) Section 213(4)(b)(iii)—
omit.
52 Amendment of s 270 (Delegation—chairperson)
Section 270(2)(a), ‘section 55F or 82(7)’—
omit, insert—section 82(6)
53 Amendment of s 348 (Regulation-making power)
Section 348(2)—
omit, insert—(2) A regulation may provide for—(a) procedures to be followed in proceedings before the commission; or(b) procedures to be observed by commission officers and other persons in performing the commission’s functions or exercising the commission’s powers.
54 Omission of s 348A (Criteria for recommending an entity be declared a criminal organisation)
Section 348A—
omit.
55 Insertion of new ch 8, pt 14
Chapter 8—
insert—Part 14 Serious and Organised Crime Legislation Amendment Act 2016
Division 1 General
427 Authorisation by chairperson of immediate response function
(1) This section applies if—(a) before the commencement, the chairperson authorised, under section 55F, a crime investigation or the holding of an intelligence hearing (or both) in response to, or to prevent, a threat to public safety; and(b) on the commencement, the investigation or hearing was not finalised.(2) The investigation or hearing is taken to have been authorised by the reference committee under section 55D.428 Refusal to comply with notice to produce for fear of reprisal
(1) This section applies if—(a) before the commencement, a person was given a notice to produce under section 74; and(b) immediately before the commencement, the person had not complied with the notice to produce and had not been convicted of an offence against section 74(5).(2) Section 74, as amended by the Serious and Organised Crime Legislation Amendment Act 2016, applies in relation to the notice to produce.429 Refusal to comply with attendance notice for fear of reprisal
(1) This section applies if—(a) before the commencement, a person was given an attendance notice under section 82; and(b) immediately before the commencement, the person had not complied with the attendance notice and had not been convicted of an offence against section 82(5).(2) Section 82, as amended by the Serious and Organised Crime Legislation Amendment Act 2016, applies in relation to the attendance notice.430 Refusal to comply with requirement to produce stated document or thing for fear of reprisal
(1) This section applies if—(a) before the commencement, a person was required to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement; and(b) immediately before the commencement, the person had not complied with the requirement and had not been convicted of an offence against section 185(1).(2) Section 185, as amended by the Serious and Organised Crime Legislation Amendment Act 2016, applies in relation to the requirement.431 Refusal to answer question for fear of reprisal
(1) This section applies if—(a) before the commencement, a witness at a commission hearing was required to answer a question put to the person at the hearing by the presiding officer; and(b) immediately before the commencement, the person had not answered the question and had not been convicted of an offence against section 190(1).(2) Section 190, as amended by the Serious and Organised Crime Legislation Amendment Act 2016, applies in relation to the requirement.432 Punishment for contempt
(1) To remove any doubt, it is declared that for section 199(8B), as amended by the Serious and Organised Crime Legislation Amendment Act 2016—(a) a first contempt means a first contempt committed after the commencement of the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013; and(b) a second contempt means a second contempt committed after the commencement of the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013; and(c) a third or subsequent contempt means a third or subsequent contempt committed after the commencement of the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013.(2) Also, section 199, as amended by the Serious and Organised Crime Legislation Amendment Act 2016, applies to a proceeding for a contempt that has not been finalised before the commencement, whether the contempt was committed before or after the commencement.433 Commission must give evidence to defence
Section 201, as amended by the Serious and Organised Crime Legislation Amendment Act 2016, applies to anything stated at, or a document or thing produced at, a commission hearing, whether the commission hearing started before or after the commencement.Division 2 Proceedings for offences and contempts relating to fear of reprisal
434 Definitions for division
In this division—fear of reprisal, of a person, means fear, genuinely held, of—(a) personal physical harm or damage to the person’s property; or(b) physical harm to someone else, or damage to the property of someone else, with whom the person has a connection or bond.pre-amended Act means this Act as in force before the commencement.requirement the subject of the contempt means—(a) for a contempt constituted by a failure by a person, under section 183, to take an oath when required by the presiding officer—the requirement to take the oath; or(b) for a contempt constituted by a failure by a person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse—the requirement to produce the stated document or thing; or(c) for a contempt constituted by a failure by a person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse—the requirement to answer the question.requirement the subject of the offence means—(a) for an offence against section 74(5) of the pre-amended Act—the requirement to comply with the notice to produce under section 74(2) of the pre-amended Act; or(b) for an offence against section 82(5) of the pre-amended Act—the requirement to comply with the attendance notice under section 82(1) of the pre-amended Act; or(c) for an offence against section 185(1) of the pre-amended Act—the requirement to produce a stated document or thing at the commission hearing under the attendance notice or section 75B requirement given under the pre-amended Act; or(d) for an offence against section 190(1) of the pre-amended Act—the requirement to answer a question put to the person at the commission hearing under the pre-amended Act by the presiding officer.435 Application of division
(1) This division applies if—(a) a person has been convicted of an offence against the pre-amended Act, section 74(5), 82(5), 185(1) or 190(1); and(b) at the time of failing to comply with the requirement the subject of the offence, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal.(2) This division also applies if—(a) a person has been found guilty under section 199(8) by the Supreme Court of a contempt of the presiding officer constituted by—(i) a failure by the person, under section 183, to take an oath when required by the presiding officer; or(ii) a failure by the person, under section 185 or 188, to produce a stated document or thing at a commission hearing under an attendance notice or a section 75B requirement without reasonable excuse; or(iii) a failure by the person, under section 190 or 192, to answer a question put to the person at the hearing by the presiding officer without reasonable excuse or lawful excuse; and(b) at the time of failing to comply with the requirement the subject of the contempt, the person may have had a reasonable excuse for failing to comply with the requirement based on the person’s fear of reprisal.(3) For subsection (1)(b) and (2)(b), it does not matter if the reasonable excuse based on the fear of reprisal is raised by the person for the first time in an application under this division.436 Application to Supreme Court
(1) The person may apply to the Supreme Court—(a) for an offence mentioned in section 435(1)(a)—to set aside the conviction for the offence on the grounds the person, at the time of failing to comply with the requirement the subject of the offence, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement; or(b) for a contempt mentioned in section 435(2)(a)—to set aside the finding of guilt and any punishment for the contempt imposed by the court under section 199(8) on the grounds the person, at the time of failing to comply with the requirement the subject of the contempt, had a reasonable excuse, based on the person’s fear of reprisal, for failing to comply with the requirement.(2) The application must be made within 3 months after the commencement.(3) The court may, at any time, extend the period mentioned in subsection (2).(4) The court must give a copy of the application to the commission.(5) Within 10 business days after the making of the application, the court must give directions to enable the application to be heard.(6) Subject to any directions given by the court, the application must be heard within 20 business days after the day on which the application is made.437 Hearing—offence
(1) On the hearing of an application under section 436(1)(a) to set aside a conviction for the offence, the Supreme Court may—(a) set aside the conviction; or(b) confirm the conviction.(2) The court may have regard to any material relevant to the application.438 Hearing—contempt
(1) On the hearing of an application under section 436(1)(b) to set aside the finding of guilt and any punishment for the contempt imposed by the court under section 199(8), the Supreme Court may—(a) set aside the finding of guilt and the punishment; or(b) confirm the finding of guilt and the punishment.(2) The court may have regard to any material relevant to the application.439 Appeals
A person making an application under section 436, or the Attorney-General, may appeal to the Court of Appeal against a decision of the Supreme Court under section 437 or 438 on any ground which involves a question of law alone.440 No cause of action
No cause of action may be started or continued against the State in relation to any period of imprisonment the person may have actually served in relation to a conviction for an offence, or a finding of guilt and imposition of punishment for contempt, set aside under this division.
56 Amendment of sch 2 (Dictionary)
(1) Schedule 2, definitions criminal organisation and participant—
omit.(2) Schedule 2—
insert—access information, for chapter 3, part 2, see section 85A.criminal organisation see the Penalties and Sentences Act 1992, section 161O.employee, for chapter 3, part 2, see section 85A.issuer, for chapter 3, part 2, see section 86(6).participant, in a criminal organisation, see the Penalties and Sentences Act 1992, section 161P.relevant evidence, for chapter 3, part 2, see section 85A.specified person, for chapter 3, part 2, see section 85A.storage device, for chapter 3, part 2, see section 85A.stored, for chapter 3, part 2, see section 85A.(3) Schedule 2, definition intelligence function hearing, ‘section 55A or 55F(2)’—
omit, insert—section 55A or 55D(2)
Part 6 Amendment of Crime and Corruption Regulation 2015
57 Regulation amended
This part amends the Crime and Corruption Regulation 2015.
58 Omission of s 20 (Entities declared to be criminal organisations)
Section 20—
omit.
59 Omission of sch 2 (Entities declared to be criminal organisations)
Schedule 2—
omit.
Part 7 Amendment of Criminal Code
Division 1 Preliminary
60 Code amended
This part amends the Criminal Code.
Division 2 Amendments commencing on assent
61 Amendment of s 1 (Definitions)
(1) Section 1, definitions criminal organisation and spent conviction—
omit.(2) Section 1—
insert—anonymising service, for part 4, chapter 22, see section 207A.criminal organisation—(a) generally—has the meaning given by the Penalties and Sentences Act 1992, section 161O; and
(b) for sections 60A and 60B—includes an entity declared by regulation to be a criminal organisation.distribute, for part 4, chapter 22, see section 207A.hidden network, for part 4, chapter 22, see section 207A.information, for part 4, chapter 22, see section 207A.participant, in a criminal organisation, see the Penalties and Sentences Act 1992, section 161P.network, for part 4, chapter 22, see section 207A.spent conviction means a conviction—(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and(b) that is not revived as prescribed by section 11 of that Act.
62 Amendment of s 60A (Participants in criminal organisation being knowingly present in public places)
(1) Section 60A(1), ‘an offence’—
omit, insert—a misdemeanour(2) Section 60A(1), minimum penalty—
omit.(3) Section 60A(3), definitions member and participant—
omit.(4) Section 60A(3)—
insert—criminal activity does not include conduct constituting a simple offence or a regulatory offence.
63 Amendment of s 60B (Participants in criminal organisation entering prescribed places and attending prescribed events)
(1) Section 60B(1) and (2), ‘an offence’—
omit, insert—a misdemeanour(2) Section 60B(1) and (2), minimum penalty—
omit.(3) Section 60B(4), definition participant—
omit.(4) Section 60B(4)—
insert—criminal activity does not include conduct constituting a simple offence or a regulatory offence.
64 Omission of s 60C (Participants in criminal organisation recruiting persons to become participants in the organisation)
Section 60C—
omit.
65 Amendment of s 61 (Riot)
Section 61—
insert—(2A) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(2B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
66 Amendment of s 72 (Affray)
(1) Section 72(2), (3) and (4)—
omit.(2) Section 72(3A), ‘also’—
omit.(3) Section 72(3A)—
renumber as section 72(2).
67 Insertion of new s 76
Part 2, chapter 9—
insert—76 Recruiting person to become participant in criminal organisation
(1) A person who—(a) is a participant in a criminal organisation or is subject to a control order or a registered corresponding control order; and(b) recruits, or attempts to recruit, another person to become, or associate with, a participant in a criminal organisation;commits a misdemeanour.Maximum penalty—500 penalty units or 5 years imprisonment.
(2) In this section—control order see the Penalties and Sentences Act 1992, section 161N.recruit, a person to become, or associate with, a participant in a criminal organisation, includes counsel, procure, solicit, incite and induce the person, including by promoting the organisation, to become, or associate with, a participant in the organisation.registered corresponding control order see the Penalties and Sentences Act 1992, section 161N.
68 Amendment of s 86 (Obtaining of or disclosure of secret information about the identity of informant)
(1) Section 86(3), definition external agency—
omit.(2) Section 86(3)—
insert—criminal intelligence means information relating to actual or suspected criminal activity (including information the commissioner has obtained through the police service or from an external agency), whether in the State or elsewhere, the disclosure of which could reasonably be expected to—(a) prejudice a criminal investigation; or(b) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or(c) endanger a person’s life or physical safety.external agency means any of the following—(a) the Crime and Corruption Commission;(b) the Australian Federal Police;(c) a police force or service of another State;(d) the chief executive (corrective services);(e) an officer of another State with powers and functions substantially corresponding to the powers and functions of the chief executive (corrective services) under the Corrective Services Act 2006;(f) another entity—(i) established under a law of another jurisdiction, including a jurisdiction outside Australia; and(ii) with functions that include investigating or inquiring into criminal conduct, misconduct or corruption (whether or not the functions are stated in the law mentioned in subparagraph (i)); and(iii) declared by regulation to be an external agency.officer, of an external agency, includes a person employed by the agency, seconded to the agency or engaged by the agency under a contract for services.(3) Section 86(3), definition criminal organisation informant, paragraph (a), ‘for the purposes of the Criminal Organisation Act 2009’—
omit, insert—about a criminal organisation or a participant in a criminal organisation(4) Section 86(3), definition criminal organisation informant, paragraph (d)—
omit.
69 Amendment of s 87 (Official corruption)
Section 87—
insert—(1B) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(1C) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
70 Amendment of s 92A (Misconduct in relation to public office)
(1) Section 92A(4A) and (4B)—
omit, insert—(4A) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(4B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.(2) Section 92A(5), definition participant—
omit.
71 Amendment of s 119B (Retaliation against or intimidation of judicial officer, juror, witness etc.)
(1) Section 119B(1A), from ‘under’—
omit, insert—for a prescribed offence charged with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q.(2) Section 119B—
insert—(1B) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(1C) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.(3) Section 119B(2)—
insert—prescribed offence see the Penalties and Sentences Act 1992, section 161N.
72 Amendment of s 122 (Corruption of jurors)
Section 122—
insert—(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
73 Amendment of s 127 (Corruption of witnesses)
Section 127—
insert—(3) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
74 Amendment of s 140 (Attempting to pervert justice)
Section 140—
insert—(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
75 Insertion of new s 205A
Part 3, chapter 20—
insert—205A Contravening order about information necessary to access information stored electronically
A person who contravenes—(a) an order made under the Police Powers and Responsibilities Act 2000, section 154(1) or (2) or 154A(2); or(b) an order made under the Crime and Corruption Act 2001, section 88A(1) or (2) or 88B(2);commits a crime.Maximum penalty—5 years imprisonment.
76 Amendment of s 207A (Definitions for this chapter)
Section 207A—
insert—anonymising service means a device or other thing, or a physical, digital or other measure, used to hide—(a) the identity or location of a person who administers, accesses or uses a network, computer or other device; or(b) information stored on a network, computer or other device; or(c) communication, including the exchange of information, between 2 or more persons using a network, computer or other device; or(d) the location of a network, computer or other device.Examples of physical, digital or other measures—
software, password or other authorisation, encryption, routing systems, communications portsdistribute includes—(a) communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not; and(b) make available for access by someone, whether by a particular person or not; and(c) enter into an agreement or arrangement to do something in paragraph (a) or (b); and(d) attempt to distribute.hidden network means a network of computers or other devices (whether or not part of the internet) that has, or uses, digital, physical or other measures to do, or that are designed to do, any of the following—(a) restrict access to the network;(b) make the network undiscoverable when searched for in a way that is generally used to search for networks, including, for example, by using an internet search engine;(c) hide the identity or location of persons who administer, access or use the network;(d) hide information stored on the network;(e) hide communication, including the exchange of information, between—(i) the network and a person who administers, accesses or uses the network; or(ii) 2 or more persons who administer, access or use the network;(f) hide the location of the network.Examples of physical, digital or other measures—
software, password or other authorisation, encryption, routing systems, communications portsinformation includes a photograph, picture, videotape, digital image and any other visual representation.network, of computers or other devices, includes part of a network of computers or other devices.
77 Amendment of s 210 (Indecent treatment of children under 16)
Section 210—
insert—(4B) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(4C) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
78 Amendment of s 213 (Owner etc. permitting abuse of children on premises)
Section 213—
insert—(3A) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(3B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
79 Amendment of s 215 (Carnal knowledge with or of children under 16)
Section 215—
insert—(4B) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(4C) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
80 Amendment of s 217 (Procuring young person etc. for carnal knowledge)
Section 217—
insert—(1A) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(1B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
81 Amendment of s 218 (Procuring sexual acts by coercion etc.)
Section 218—
insert—(3A) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(3B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
82 Amendment of s 218A (Using internet etc. to procure children under 16)
Section 218A—
insert—(2A) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(2B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
83 Amendment of s 218B (Grooming children under 16)
Section 218B—
insert—(2A) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(2B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
84 Amendment of s 219 (Taking child for immoral purposes)
Section 219—
insert—(3A) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(3B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
85 Amendment of s 227B (Distributing prohibited visual recordings)
Section 227B(2), definition distribute—
omit.
86 Amendment of s 228 (Obscene publications and exhibitions)
Section 228—
insert—(5A) Section 207A, definition distribute, does not apply to this section.
87 Amendment of s 228A (Involving child in making child exploitation material)
(1) Section 228A(1), penalty—
omit, insert—Maximum penalty—
(a) if the offender uses a hidden network or an anonymising service in committing the offence—25 years imprisonment; or(b) otherwise—20 years imprisonment.(2) Section 228A(2)—
renumber as section 228A(4).(3) Section 228A—
insert—(2) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
88 Amendment of s 228B (Making child exploitation material)
(1) Section 228B(1), penalty—
omit, insert—Maximum penalty—
(a) if the offender uses a hidden network or an anonymising service in committing the offence—25 years imprisonment; or(b) otherwise—20 years imprisonment.(2) Section 228B(2)—
renumber as section 228B(4).(3) Section 228B—
insert—(2) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
89 Amendment of s 228C (Distributing child exploitation material)
(1) Section 228C(1), penalty—
omit, insert—Maximum penalty—
(a) if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or(b) otherwise—14 years imprisonment.(2) Section 228C(2)—
omit, insert—(2) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
90 Amendment of s 228D (Possessing child exploitation material)
(1) Section 228D, penalty—
omit, insert—Maximum penalty—
(a) if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or(b) otherwise—14 years imprisonment.(2) Section 228D—
insert—(2) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
91 Insertion of new ss 228DA–228DC
After section 228D—
insert—228DA Administering child exploitation material website
(1) A person who administers a website knowing the website is used to distribute child exploitation material commits a crime.Maximum penalty—
(a) if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or(b) otherwise—14 years imprisonment.(2) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.(4) It is a defence to a charge under this section to prove that the person, on becoming aware the website was being used to distribute child exploitation material, took all reasonable steps in the circumstances to prevent other persons from being able to use the website to access child exploitation material.Examples of steps that may be reasonable in the circumstances—
• telling a police officer the website is being used to distribute child exploitation material and complying with any reasonable direction given by the police officer about what to do in relation to the website• shutting the website down• modifying the operation of the website so it can not be used to distribute or access child exploitation material(5) In this section—administer, a website, includes—(a) design, create, manage or maintain the website, part of the website or a function of the website; or(b) provide a device to host the website, part of the website or a function of the website; or(c) facilitate the operation and use of the website, part of the website or a function of the website.228DB Encouraging use of child exploitation material website
(1) A person who, knowing a website is used to distribute child exploitation material, distributes information—(a) to encourage someone, whether a particular person or not, to use the website; or(b) to advertise or promote the website to someone, whether a particular person or not;commits a crime.Maximum penalty—
(a) if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or(b) otherwise—14 years imprisonment.(2) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.228DC Distributing information about avoiding detection
(1) A person who distributes information about how to avoid detection of, or prosecution for, conduct that involves the commission of a child exploitation material offence commits a crime.
Maximum penalty—
(a) if the offender uses a hidden network or an anonymising service in committing the offence—20 years imprisonment; or(b) otherwise—14 years imprisonment.(2) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.(4) In this section—child exploitation material offence means an offence against section 228A, 228B, 228C, 228D, 228DA, 228DB or this section.
92 Amendment of s 228E (Defences for ss 228A–228D)
(1) Section 228E, heading, ‘228D’—
omit, insert—228DC(2) Section 228E(1), ‘or 228D’—
omit, insert—, 228D, 228DA, 228DB or 228DC
93 Amendment of s 228G (Forfeiture of child exploitation material etc.)
Section 228G(1)(b), ‘or 228D’—
omit, insert—, 228D, 228DA, 228DB or 228DC
94 Amendment of s 228H (Possession etc. of child exploitation material by law enforcement officer)
Section 228H(1), ‘or 228D’—
omit, insert—, 228D, 228DA, 228DB or 228DC
95 Amendment of s 229B (Maintaining a sexual relationship with a child)
Section 229B—
insert—(6A) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for the crime.
96 Amendment of s 229G (Procuring engagement in prostitution)
Section 229G—
insert—(2A) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(2B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
97 Amendment of s 229H (Knowingly participating in provision of prostitution)
Section 229H—
insert—(3) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
98 Amendment of s 229HB (Carrying on business of providing unlawful prostitution)
Section 229HB—
insert—(2A) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(2B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
99 Amendment of s 229K (Having an interest in premises used for prostitution etc.)
Section 229K—
insert—(9) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(10) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
100 Amendment of s 229L (Permitting young person etc. to be at place used for prostitution)
Section 229L—
insert—(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
101 Amendment of s 302 (Definition of murder)
Section 302—
insert—(5) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
102 Amendment of s 303 (Definition of manslaughter)
Section 303—
insert—(2) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
103 Amendment of s 305 (Punishment of murder)
Section 305—
insert—(5) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for the crime of murder.
104 Amendment of s 306 (Attempt to murder)
Section 306—
insert—(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
105 Amendment of s 307 (Accessory after the fact to murder)
Section 307—
insert—(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
106 Amendment of s 308 (Threats to murder in document)
Section 308—
insert—(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
107 Amendment of s 309 (Conspiring to murder)
Section 309—
insert—(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
108 Amendment of s 310 (Punishment of manslaughter)
Section 310—
insert—(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for the crime of manslaughter.
109 Amendment of s 314A (Unlawful striking causing death)
Section 314A—
insert—(1A) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(1B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
110 Amendment of s 317 (Acts intended to cause grievous bodily harm and other malicious acts)
Section 317—
insert—(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
111 Amendment of s 317A (Carrying or sending dangerous goods in a vehicle)
Section 317A—
insert—(2A) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(2B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
112 Amendment of s 320 (Grievous bodily harm)
(1) Section 320(2) and (3)—
omit.(2) Section 320(3A), ‘section 108B also states’—
omit, insert—sections 108B and 161Q state(3) Section 320(4)—
omit, insert—(4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
113 Amendment of s 320A (Torture)
Section 320A—
insert—(1A) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(1B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
114 Amendment of s 321 (Attempting to injure by explosive or noxious substances)
Section 321—
insert—(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
115 Amendment of s 339 (Assaults occasioning bodily harm)
(1) Section 339(4), ‘section 108B also states’—
omit, insert—sections 108B and 161Q also state(2) Section 339—
insert—(5) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
116 Amendment of s 340 (Serious assaults)
(1) Section 340(1A) and (1B)—
omit.(2) Section 340(1C), ‘section 108B also states’—
omit, insert—sections 108B and 161Q also state(3) Section 340—
insert—(1D) An indictment charging an offence against subsection (1)(b) with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.(4) Section 340(3), definition participant—
omit.
117 Amendment of s 349 (Rape)
Section 349—
insert—(4) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(5) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
118 Amendment of s 350 (Attempt to commit rape)
Section 350—
insert—(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
119 Amendment of s 351 (Assault with intent to commit rape)
Section 351—
insert—(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
120 Amendment of s 352 (Sexual assaults)
Section 352—
insert—(4) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(5) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
121 Amendment of s 354 (Kidnapping)
Section 354—
insert—(3) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
122 Amendment of s 354A (Kidnapping for ransom)
Section 354A—
insert—(5) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(6) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
123 Amendment of s 359 (Threats)
Section 359—
insert—(3) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
124 Amendment of s 359E (Punishment of unlawful stalking)
Section 359E—
insert—(5) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(6) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
125 Amendment of s 398 (Punishment of stealing)
Section 398—
insert—(2) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(3) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
126 Amendment of s 408C (Fraud)
(1) Section 408C(1)—
insert—Maximum penalty—5 years imprisonment.
(2) Section 408C(2)—
omit, insert—(2) The offender is liable to imprisonment for 14 years if, for an offence against subsection (1)—(a) the offender is a director or officer of a corporation, and the victim is the corporation; or(b) the offender is an employee of the victim; or(c) any property in relation to which the offence is committed came into the possession or control of the offender subject to a trust, direction or condition that it should be applied to any purpose or be paid to any person specified in the terms of trust, direction or condition or came into the offender’s possession on account of any other person; or(d) the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $30,000 but less than $100,000.(2A) The offender is liable to imprisonment for 20 years, if, for an offence against subsection (1)—(a) the property, or the yield to the offender from the dishonesty, or the detriment caused, is of a value of at least $100,000; or(b) the offender carries on the business of committing the offence.(2B) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(2C) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
127 Amendment of s 408D (Obtaining or dealing with identification information)
(1) Section 408D(1AA) and (1AB)—
omit.(2) Section 408D(1) and (1A), penalty, ‘3 years’—
omit, insert—5 years(3) Section 408D—
insert—(1B) The Penalties and Sentences Act 1992, section 161Q states a circumstance of aggravation for an offence against this section.(1C) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.(4) Section 408D(7), definition participant—
omit.
128 Amendment of s 409 (Definition of robbery)
Section 409—
insert—(2) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
129 Amendment of s 411 (Punishment of robbery)
Section 411—
insert—(3) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for the crime of robbery.
130 Amendment of s 412 (Attempted robbery)
Section 412—
insert—(4) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(5) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
131 Amendment of s 415 (Extortion)
Section 415—
insert—(1A) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(5A) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
132 Amendment of s 419 (Burglary)
Section 419—
insert—(5) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(6) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
133 Amendment of s 433 (Receiving tainted property)
Section 433—
insert—(1A) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(1B) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
134 Amendment of s 552A (Charges of indictable offences that must be heard and decided summarily on prosecution election)
Section 552A(1)(a)—
insert—• section 205A
135 Amendment of s 552B (Charges of indictable offences that must be heard and decided summarily unless defendant elects for jury trial)
Section 552B(1)—
insert—(ca) an offence against section 60A, 60B, 76 or 77B;
136 Amendment of s 552D (When Magistrates Court must abstain from jurisdiction)
(1) Section 552D(2A)—
omit, insert—(2A) A Magistrates Court must abstain from dealing summarily with a charge of a prescribed offence if the defendant is alleged to have committed the offence with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q.(2) Section 552D—
insert—(4) In this section—prescribed offence see the Penalties and Sentences Act 1992, section 161N.
137 Amendment of s 590AD (Definitions for ch div 3)
Section 590AD, definition spent conviction—
omit.
138 Amendment of s 708A (Criteria for recommending an entity be declared a criminal organisation)
(1) Section 708A—
insert—(1A) For this section, the Penalties and Sentences Act 1992, section 161N, definitions honorary member, prospective member and office holder apply as if a reference in the definitions to an organisation were a reference to an entity.(2) Section 708A(2), definitions participant and serious criminal activity—
omit, insert—participant, in an entity, means a person—(a) who—(i) has been accepted as a member of the entity, whether informally or through a process set by the entity; andExample of a process set by an entity—
paying a fee or levy(ii) has not ceased to be a member of the entity; or(b) who is an honorary member of the entity; or(c) who is a prospective member of the entity; or(d) who is an office holder of the entity; or(e) who identifies himself or herself in any way as belonging to the entity; or(f) whose conduct in relation to the entity would reasonably lead someone else to consider the person to be a participant in the entity.serious criminal activity means conduct constituting an indictable offence for which the maximum penalty is at least 7 years imprisonment.
(1) This section applies if, immediately before the commencement, the chief executive had not finally decided an application for the grant of a licence or permit.(2) The application is taken to have been withdrawn.74 Show cause process not finally decided
(1) This section applies if—(a) the chief executive had given a QCAT notice mentioned in section 33(1) or 34(5) (the show cause notice) to a person; and(b) immediately before the commencement, the chief executive had not finally dealt with the matters relating to the show cause notice (the show cause process).(2) The show cause process must continue under this Act as in force after the commencement.75 Proceedings not finally decided
(1) This section applies if immediately before the commencement the following proceedings had been started but not finally dealt with—(a) a proceeding before QCAT for a review of a decision mentioned in repealed section 57(1);(b) a proceeding about a decision mentioned in repealed section 57(1) in the Supreme Court.(2) The proceeding is discontinued.(3) QCAT or the Supreme Court must return to the commissioner any criminal intelligence report or other criminal information mentioned in repealed section 20(3) relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.(4) For subsection (1), a proceeding had not been finally dealt with if—(a) QCAT or the Supreme Court had not made a decision; or(b) QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or(c) QCAT or the Supreme Court had made a decision and an appeal against the decision had been started but not ended.(5) In this section—repealed, in relation to a provision of this Act, means the provision as in force immediately before the commencement.76 Additional prescribed offences
Until the expiry of the Criminal Code, sections 60A and 60B, the definition prescribed offence for this Act is taken to include a reference to those sections.77 Transitional regulation-making power
(1) A regulation (a transitional regulation) may make provision of a saving or transitional nature for which—(a) it is necessary to make provision to allow or facilitate the doing of anything to achieve the transition from the operation of the pre-amended Act to the operation of the amended Act; and(b) this Act does not make provision or sufficient provision.(2) Without limiting subsection (1), a transitional regulation may continue the operation of a provision of the pre-amended Act that was omitted by the amending Act.(3) A transitional regulation may have retrospective operation to a day that is not earlier than the day of the commencement.(4) A transitional regulation must declare it is a transitional regulation.(5) This section and any transitional regulation expire 2 years after the day of commencement.(6) In this section—amended Act means this Act as in force after the commencement.amending Act means the Serious and Organised Crime Legislation Amendment Act 2016.pre-amended Act means this Act as it was in force immediately before the commencement.
446 Amendment of sch 1 (Dictionary)
(1) Schedule 1, authorising provision, ‘3’—
omit, insert—4(2) Schedule 1, definitions adverse security determination and close associate—
omit.(3) Schedule 1—
insert—charge, for an offence, means a charge in any form, including, for example, the following—(a) a charge on an arrest;(b) a notice to appear served under the Police Powers and Responsibilities Act 2000, section 382;(c) a complaint under the Justices Act 1886;(d) a charge by a court under the Justices Act 1886, section 42(1A) or another provision of an Act;(e) an indictment.control order see the Penalties and Sentences Act 1992, section 161N.convicted, of a prescribed offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.criminal history, of a person, means—(a) despite the Criminal Law (Rehabilitation of Offenders) Act 1986, section 6, every conviction of the person for an offence, in Queensland or elsewhere, whether before or after the commencement; and(b) every charge made against the person for an offence, in Queensland or elsewhere, whether before or after the commencement.criminal intelligence see the Criminal Code, section 86(3).fixed premises means premises that is a building or other structure, or part of a building or other structure, that has a permanent address.mobile premises, in relation to a body art tattooing business, means premises that is a vehicle, building or other structure ordinarily moved from place to place.premises means—(a) a building or other structure, or part of a building or other structure, that has a permanent address; or(b) a vehicle, building or other structure ordinarily moved from place to place.prescribed offence means—(a) an offence against the Criminal Code, section 76; or(b) an offence mentioned in the Criminal Code, part 2, chapter 9A; or(c) an offence that is—(i) a prescribed offence within the meaning of the Penalties and Sentences Act 1992, section 161N; and(ii) committed with a serious organised crime circumstance of aggravation within the meaning of the Penalties and Sentences Act 1992, section 161Q.registered corresponding control order see the Penalties and Sentences Act 1992, section 161N.relevant control order means a control order or registered corresponding control order that restricts the person from carrying on a business, engaging in an occupation or performing an activity requiring a licence.relevant person, for an applicant or licensee, means—(a) if the business to which the application or licence relates is owned or operated by or on behalf of a corporation—a director of the corporation or a member of its governing body; or(b) if the business to which the application or licence relates is owned or operated by or on behalf of a partnership—a partner, including a silent partner, of the partnership; or(c) if the business to which the application or licence relates is owned or operated by or on behalf of a trust—a trustee of the trust.
447 Renumbering of ss 12A and 12B
Sections 12A and 12B, as inserted by this Act—
renumber as sections 13 and 14.
448 Renumbering of pt 3, divs 4–8
Part 3, divisions 4 to 8—
renumber as part 3, divisions 3 to 9.
Part 31 Amendment of Tow Truck Act 1973
449 Act amended
This part amends the Tow Truck Act 1973.
450 Amendment of s 4C (Who is an appropriate person)
(1) Section 4C(1AA)—omit.(2) Section 4C(1)—insert—(k) whether the person is, or has been, the subject of a control order or registered corresponding control order.(3) Section 4C—insert—(1A) The chief executive may not take into account criminal intelligence given by the police commissioner to the chief executive under section 36B when deciding whether a person is an appropriate person to hold or continue to hold a licence or certificate under this Act.(4) Section 4C(1A) and (2)—renumber as section 4C(2) and (3).
451 Omission of pt 4, div 2, sdiv 1 and sdiv 2, hdg
Part 4, division 2, subdivision 1 and subdivision 2, heading—omit.
452 Amendment of s 21A (Cancellation or suspension of authorities)
(1) Section 21A(ca)—omit.(2) Section 21A—insert—(2) The chief executive may not cancel or suspend an authority holder’s authority on the basis of criminal intelligence given by the police commissioner to the chief executive under section 36B.
453 Amendment of s 21B (Immediate suspension of authority)
(1) Section 21B(1), ‘any of’—omit.(2) Section 21B(1)(c)—omit.(3) Section 21B(4)(c), from ‘, unless’ to ‘organisation’—omit.(4) Section 21B(4), note—omit.
454 Amendment of s 21D (Amending, suspending or cancelling authority)
(1) Section 21D(7)(b), from ‘, unless’ to ‘organisation’—omit.(2) Section 21D(7), note—omit.
455 Omission of pt 4, div 2, sdiv 3, hdg (Delivery of cancelled or suspended authorities)
Part 4, division 2, subdivision 3, heading—omit.
456 Amendment of s 21G (Delivery of cancelled or suspended authority)
Section 21G, from ‘QCAT’ to ‘or the’—omit.
457 Omission of pt 6, div 1, hdg and s 27A
Part 6, division 1, heading and section 27A—omit.
458 Amendment of s 28 (Internal review of decisions)
Section 28(1), from ‘, except’ to ‘the decision’—omit.
459 Amendment of s 29 (Review of decisions by QCAT)
(1) Section 29(1), from ‘for—’omit, insert—for a decision on a review under section 28 of a decision mentioned in schedule 1.(2) Section 29(3)—omit.
460 Omission of pt 6, div 2 (Confidentiality and application of Judicial Review Act 1991)
Part 6, division 2—omit.
461 Amendment of s 36 (Chief executive may obtain information from police commissioner—criminal history)
(1) Section 36(1), after ‘history’—insert—, including whether the person is, or has been, the subject of a control order or registered corresponding control order,(2) Section 36—insert—(5) A report under subsection (3) must, if the person is, or has been, the subject of a control order or registered corresponding control order—(a) state the details of the order; or(b) be accompanied by a copy of the order.
462 Amendment of s 36A (Notice of change in police information about a person—criminal history)
Section 36A—insert—(4) A notice under subsection (3) must also, if the person is, or has been, the subject of a control order or registered corresponding control order—(a) state the details of the order; or(b) be accompanied by a copy of the order.
463 Omission of s 36AA (Requesting and using police commissioner’s advice—identified participants and criminal organisations)
Section 36AA—omit.
464 Replacement of s 36B (Chief executive may enter into arrangement about giving and receiving information with police commissioner)
Section 36B—omit, insert—36B Exchange of information
(1) The chief executive may enter into an arrangement (an information-sharing arrangement) with a relevant agency for the purposes of sharing or exchanging information—(a) held by the chief executive or the relevant agency; or(b) to which the chief executive or the relevant agency has access.(2) An information-sharing arrangement may relate only to information that assists—(a) the chief executive perform the chief executive’s functions under this Act; or(b) the relevant agency perform its functions.(3) Under an information-sharing arrangement, the chief executive and the relevant agency are, despite another Act or law, authorised to—(a) ask for and receive information held by the other party to the arrangement or to which the other party has access; and(b) disclose information to the other party.(4) The chief executive may use criminal intelligence given to the chief executive by the police commissioner under an information-sharing arrangement only for monitoring compliance with this Act.(5) In this section—information does not include information given to the chief executive or a relevant agency, or to which the chief executive or relevant agency has access, under the Crime and Corruption Act 2001.relevant agency means the following—(a) the police commissioner;(b) the chief executive of a department;(c) a local government;(d) a person prescribed by regulation.
465 Amendment of s 36C (Confidentiality)
(1) Section 36C—insert—(2A) Subsection (2)(b)(ii) does not apply if the information is criminal intelligence.(2) Section 36C(2A) and (3)—renumber as section 36C(3) and (4).
466 Insertion of new pt 8, div 4
After section 46—insert—Division 4 Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016
47 Definition for division
In this division—authority means—(a) an assistant’s certificate; or(b) a driver’s certificate; or(c) a licence.48 Applications not finally decided
(1) This section applies if, immediately before the commencement, the chief executive had not finally decided an application for the grant or renewal of an authority.(2) The chief executive must decide the application under this Act as in force after the commencement.49 Show cause process not finally decided
(1) This section applies if—(a) the chief executive had given a written notice to an authority holder under section 21C(2) or 21D(3); and(b) immediately before the commencement, the chief executive had not finally dealt with matters relating to the written notice under section 21D(6) (the show cause process).(2) The show cause process must continue under this Act as in force after the commencement.50 Proceedings not finally decided
(1) This section applies if, immediately before the commencement, the following proceedings had been started but not finally dealt with—(a) a proceeding before QCAT for a review of a relevant decision;(b) a proceeding before the Supreme Court about a relevant decision.(2) The proceeding is discontinued and the matter is remitted to the chief executive for the chief executive to decide again under this Act as in force after the commencement.(3) QCAT or the Supreme Court must return to the police commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.(4) For subsection (1), a proceeding had not been finally dealt with if—(a) QCAT or the Supreme Court had not made a decision; or(b) QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or(c) QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.(5) In this section—criminal intelligence means criminal intelligence within the meaning of repealed section 30(7).relevant decision means a decision for which an information notice was given under repealed section 21AA or repealed section 27A.repealed, in relation to a provision of this Act, means the provision as in force immediately before the commencement.
467 Amendment of sch 1 (Reviewable decisions)
Schedule 1, authorising provision, ‘27A, 28, 29 and 30’—omit, insert—28 and 29
468 Amendment of sch 2 (Dictionary)
(1) Schedule 2, definitions criminal organisation and identified participant—omit.(2) Schedule 2—insert—control order see the Penalties and Sentences Act 1992, section 161N.criminal intelligence see the Criminal Code, section 86(3).registered corresponding control order see the Penalties and Sentences Act 1992, section 161N.
Part 32 Amendment of Transport Operations (Passenger Transport) Act 1994
469 Act amended
This part amends the Transport Operations (Passenger Transport) Act 1994.
470 Amendment of sch 1A (Driver disqualification offences)
Schedule 1A, part 1, division 1—
insert—
10E
section 228DA (Administering child exploitation material website)
10F
section 228DB (Encouraging use of child exploitation material website)
10G
section 228DC (Distributing information about avoiding detection)
Part 33 Amendment of Weapons Act 1990
471 Act amended
This part amends the Weapons Act 1990.
472 Amendment of s 10 (Limitations on issue of licence)
Section 10(3)(a)(iii) and (iv) and (b)(iii) and (iv)—
omit.
473 Amendment of s 10B (Fit and proper person—licensees)
Section 10B(2A)—
omit.
474 Amendment of s 10C (Fit and proper person—licensed dealer’s associate)
Section 10C(2A)—
omit.
475 Amendment of s 14 (Inquiries into application)
(1) Section 14(1A)—
omit.(2) Section 14(3A)—
omit.(3) Section 14(9), from ‘, other’ to ‘(3A),’—
omit.(4) Section 14(9A)—
omit.
476 Amendment of s 18 (Renewal of licences)
Section 18(4A) to (4C)—
omit.
477 Amendment of s 19 (Notice of rejection of application to issue or renew licence)
Section 19(2), from ‘(other’ to ‘18(4B))’—
omit.
478 Amendment of s 30 (Suspension or revocation notice)
(1) Section 30(1A), ‘(other than advice given by the commissioner to an authorised officer under section 18(4B) or subsection (1C))’—
omit.(2) Section 30(1B) to (1D)—
omit.
479 Amendment of s 50B (Unlawful supply of weapons)
Section 50B—
insert—(3) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
480 Amendment of s 65 (Unlawful trafficking in weapons)
Section 65—
insert—(3) The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.(4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.
481 Amendment of s 142AA (Notices must be QCAT information notices)
Section 142AA(3)—
omit.
482 Amendment of s 142A (Confidentiality of criminal intelligence)
(1) Section 142A(2)—
insert—(c) may, as it considers appropriate to protect the confidentiality of criminal intelligence, take evidence consisting of criminal intelligence by way of affidavit of a police officer of at least the rank of superintendent.(2) Section 142A—
insert—(2A) If the court or tribunal considers information categorised as criminal intelligence by the commissioner has been incorrectly categorised as criminal intelligence, the commissioner may withdraw the information from consideration by the court or tribunal.(2B) Information that is withdrawn by the commissioner under subsection (2A) must not be—(a) disclosed to any person; or(b) taken into consideration by the court or tribunal.(2C) The Public Records Act 2002 does not apply to activities of, or records made or kept by, the court or tribunal to the extent that Act would otherwise enable criminal intelligence to be disclosed.
483 Omission of ss 143 and 144
Sections 143 and 144—
omit.
484 Amendment of s 145 (Applicant may carry on business pending review)
Section 145(2)—
omit.
485 Amendment of s 161 (Proceedings for an offence)
Section 161—
insert—(3A) However, an offence against section 50B or 65 may not be by way of summary proceedings under subsection (1) if the person is alleged to have committed the offence with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q.
486 Omission of pt 8, div 5 (Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013)
Part 8, division 5—
omit.
487 Insertion of new pt 8, div 7
Part 8—
insert—Division 7 Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016
193 Applications not finally decided
(1) This section applies if, immediately before the commencement, an authorised officer had not finally decided an application for the grant or renewal of an authority.(2) The authorised officer must decide the application under this Act as in force after the commencement.(3) In this section—authority means—(a) a licence; or(b) a permit to acquire; or(c) a shooting club permit; or(d) an approval to conduct an arms fair under section 79(2); or(e) an approval of a range under section 101(1); or(f) an approval of a shooting gallery under section 111; or(g) any other type of approval, licence or permit granted or renewed by an authorised officer under this Act.194 Proceedings not finally decided
(1) This section applies if immediately before the commencement the following proceedings had been started but not finally dealt with—(a) a proceeding before QCAT for a review of a decision mentioned in repealed section 143(1);(b) a proceeding before the Supreme Court about a decision mentioned in repealed section 143(1).(2) The proceeding is discontinued and the matter is remitted to an authorised officer for the authorised officer to decide again under this Act as in force after the commencement.(3) QCAT or the Supreme Court must return to the commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.(4) For subsection (1), a proceeding had not been finally dealt with if—
(a) QCAT or the Supreme Court had not made a decision; or(b) QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or(c) QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.(5) In this section—criminal intelligence means criminal intelligence within the meaning of repealed 143(6).repealed, in relation to a provision of this Act, means the provision as in force immediately before the commencement.
488 Amendment of sch 2 (Dictionary)
(1) Schedule 2, definitions criminal organisation and identified participant—
omit.(2) Schedule 2, definition criminal intelligence, from ‘activity,’—
omit, insert—activity.
Part 34 Amendment of Working with Children (Risk Management and Screening) Act 2000
489 Act amended
This part amends the Working with Children (Risk Management and Screening) Act 2000.
490 Amendment of sch 2 (Current serious offences)
Schedule 2, item 4, table—
insert—
228DA
Administering child exploitation material website
228DB
Encouraging use of child exploitation material website
228DC
Distributing information about avoiding detection
491 Amendment of sch 4 (Current disqualifying offences)
Schedule 4, item 4, table—
insert—
228DA
Administering child exploitation material website
228DB
Encouraging use of child exploitation material website
228DC
Distributing information about avoiding detection
Part 35 Repeals
492 Repeal of Acts
The following Acts are repealed—• Criminal Organisation Act 2009 No. 53• Vicious Lawless Association Disestablishment Act 2013 No. 47
Part 36 Minor and consequential amendments
493 Legislation amended
Schedule 1 amends the legislation it mentions.
Part 37 Other matters
494 Making of Criminal Code (External Agencies) Regulation 2016
(1) Schedule 2 has effect to make the Criminal Code (External Agencies) Regulation 2016 that is set out in schedule 2 as a regulation under the Criminal Code.(2) To remove any doubt, it is declared that the Criminal Code (External Agencies) Regulation 2016, on the commencement of schedule 2, stops being a provision of this Act and becomes a regulation made under the Criminal Code.
495 Automatic repeal
For the purposes of the Acts Interpretation Act 1954, section 22C, this Act is an amending Act.
Schedule 1 Minor and consequential amendments
section 493
Part 1 Amendments commencing on assent
Criminal Code (Criminal Organisations) Regulation 2013
1 Section 2, ‘paragraph (c)’—
omit, insert—paragraph (b)
Drugs Misuse Act 1986
1 Part 7, divisions 5 and 8, headings, ‘Provisions’—
omit, insert—Provision
2 Schedule, authorising provision, ‘schedule’—
omit, insert—section
Judicial Review Act 1991
1 Schedule 1, part 2, ‘Criminal Organisation Act 2009’—
omit.
Legal Profession Act 2007
1 Section 9(1)(n), note—
omit.
Liquor Act 1992
1 Section 233(2)(a) and (b), after ‘commissioner’—
insert—stating
2 Section 233(2)(d), after ‘analyst’—
insert—stating
Motor Dealers and Chattel Auctioneers Act 2014
1 Section 77(3), ‘part 7, division 1, subdivision 2’—
omit, insert—part 7, division 2
2 Part 7, division 1, heading—
omit.
3 Part 7, subdivisions 1 to 5—
renumber as part 7, divisions 1 to 5.
4 Section 192, heading ‘div 1’—
omit, insert—part
5 Section 192, ‘division’—
omit, insert—part
Penalties and Sentences Act 1992
1 Part 14, division 12, second occurring and division 13—
renumber as part 14, divisions 13 and 14.
2 Section 239, second occurring and section 240—
renumber as sections 240 and 241.
Police Powers and Responsibilities Act 2000
1 Section 43(3), ‘if the person’—
omit, insert—if
2 Section 43(3)(a), before ‘either’—
insert—the person
3 Section 66(8), definition owner, ‘motor’—
omit.
4 Section 103(3), ‘and keeping’—
omit, insert—or keeping
5 Section 214(c), after ‘surveillance’—
insert—device
6 Section 224(3)—
omit, insert—(3) The authority must be written and state—(a) the controlled activity the police officer is authorised to engage in; and(b) the period, of not more than 7 days, for which the authority is in force.
7 Section 224(5)—
omit.
8 Section 224(6) and (7)—
renumber as section 224(5) and (6).
9 Section 230(8)—
renumber as section 230(7).
10 Section 253(2), note, after ‘executive’—
insert—officer
11 Section 311(a), ‘liability’—
omit, insert—responsibility
12 Section 322, definition corresponding warrant, after ‘surveillance’—
insert—device warrant
13 Section 331(3), note, after ‘surveillance’—
insert—device
14 Section 334(2), after ‘surveillance’—
insert—device
15 Section 488(5)(b), before ‘authorise’—
insert—may
16 Section 614(1)(a), ‘surveillance powers’—
omit, insert—powers
17 Section 800(1), ‘86(6)’—
omit, insert—86(5)
18 Chapter 24, heading ‘, transitional provisions and amendments’—
omit, insert—and transitional provisions
19 Chapter 24, part 1, heading, ‘and amended’—
omit.
20 Chapter 24, part 5, division 6, heading—
omit.
21 Schedule 1, entry for Community Services (Torres Strait) Act 1984—
omit.
22 Schedule 2, authorising provision, ‘sections 229 and 323’—
omit, insert—section 221, definition controlled activity offence, section 229, definition relevant offence and section 323
23 Schedule 5, item 1, fourth dot point, ‘408D’—
omit, insert—408E
24 Schedule 5, item 2, ‘schedule 2A’—
omit, insert—schedule 1, part 2
25 Schedule 5, item 5, ‘408D’
omit, insert—408E
26 Schedule 5, item 10, third dot point, after ‘penalty’—
insert—for subsection (1)
27 Schedule 6, definition chapter 13 application, after ‘surveillance’—
insert—device
28 Schedule 6, definition mall, paragraphs (b), (c) and (d)—
omit, insert—(b) a mall continued in existence under the City of Brisbane Act 2010.
29 Schedule 6, definition surveillance powers—
omit.
Part 2 Amendments commencing 3 months after assent
Justice and Other Information Disclosure Act 2008
1 Schedule, definitions justice proceeding, paragraph (b) and person in the criminal justice system, paragraph (i), after ‘Peace and Good Behaviour Act 1982’—
insert—, part 2
Peace and Good Behaviour Regulation 2010
1 Sections 2, definitions complainant and defendant, and 8(1), ‘section 4 of the Act’—
omit, insert—section 5 of the Act
2 Sections 3(1), 4(1), 6, 7, 9(1) and 10, ‘section 4(2A) of the Act’—
omit, insert—section 5(2A) of the Act
3 Sections 5(1) and 11, ‘section 4(3) of the Act’—
omit, insert—section 5(3) of the Act
Police Powers and Responsibilities Act 2000
1 Section 34, definition body art tattooing business, ‘Tattoo Parlours Act 2013’—
omit, insert—Tattoo Industry Act 2013
2 Sections 42(1)(c)(i) and 60(3)(h), ‘or 4A’—
omit.
3 Section 809(2)(b), ‘, 4A’—
omit.
4 Section 809(2)(d)—
omit.
5 Schedule 6, definitions criminal organisation offence, eligible person, for chapter 4A, immobilise, for chapter 4A, immobilising device, for chapter 4A, immobilising notice, for chapter 4A, impounding notice, information notice, for chapter 4A, number plate, for chapter 4A, number plate confiscation notice, for chapter 4A, usual possessor, vehicle production notice, for chapter 4A and vehicle release notice, for chapter 4A—
omit.
6 Schedule 6, definition owner, ‘, 4A’—
omit.
Queensland Civil and Administrative Tribunal Regulation 2009
1 Schedule 1, part 1, entry for Tattoo Parlours Act 2013—
omit.
2 Schedule 1, part 1—
insert—Tattoo Industry Act 2013, section 56(1)
Tattoo Parlours Regulation 2013
1 Section 1, ‘Tattoo Parlours Regulation 2013’—
omit, insert—Tattoo Industry Regulation 2013
Weapons Regulation 2016
1 Section 17(b)(ii), ‘or a similar Act’—
omit, insert—part 2 or similar provisions of an Act
Schedule 2 Criminal Code (External Agencies) Regulation 2016
section 494
1 Short title
This regulation may be cited as the Criminal Code (External Agencies) Regulation 2016.
2 External agencies
For the Criminal Code, section 86(3), definition external agency, paragraph (f)(iii), each of the following entities is declared to be an external agency—(a) ASIC;(b) the Australian Crime Commission under the Australian Crime Commission Act 2002 (Cwlth);(c) the Australian Border Force under the Australian Border Force Act 2015 (Cwlth);(d) the Australian Security Intelligence Organisation established under the Australian Security Intelligence Organisation Act 1979 (Cwlth);(e) the Corruption and Crime Commission established under the Corruption, Crime and Misconduct Act 2003 (WA);(f) the Independent Commission against Corruption established under the Independent Commission Against Corruption Act 1988 (NSW);(g) the New South Wales Crime Commission established under the Crime Commission Act 2012 (NSW);(h) the Independent Broad-based Anti-corruption Commission established under the Independent Broad-based Anti-corruption Commission Act 2011 (Vic);(i) the Australian Commission for Law Enforcement Integrity established by the Law Enforcement Integrity Commissioner Act 2006 (Cwlth).
© State of Queensland 2016
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