CRIMINAL AND OTHER LEGISLATION AMENDMENT BILL 2011

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CRIMINAL AND OTHER LEGISLATION AMENDMENT BILL 2011

Queensland Criminal and Other Legislation Amendment Bill 2011

Queensland Criminal and Other Legislation Amendment Bill 2011 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of Animal Care and Protection Act 2001 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Amendment of s 18 (Animal cruelty prohibited) . . . . . . . . . . . . . . 8 5 Amendment of s 122 (Power of entry) . . . . . . . . . . . . . . . . . . . . . 9 6 Amendment of s 127 (Issue of warrant) . . . . . . . . . . . . . . . . . . . . 9 7 Amendment of s 142 (General power to seize evidence). . . . . . . 9 8 Amendment of s 163 (Power to require name and address) . . . . 9 9 Amendment of s 164 (Failure to comply with personal details requirement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 Insertion of new s 181A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 181A Interim prohibition order . . . . . . . . . . . . . . . . . . . . . . . 10 11 Amendment of s 183 (Prohibition order) . . . . . . . . . . . . . . . . . . . 11 12 Amendment of s 184 (Order against owner in certain cases) . . . 12 13 Amendment of s 185 (Criteria for making disposal or prohibition order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14 Insertion of new s 186A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 186A Mandatory prohibition order--serious animal welfare offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 15 Amendment of s 187 (Contravention of prohibition order unlawful) ...................................... 14 16 Insertion of new s 187A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 187A Amendment or revocation of interim prohibition order 14 17 Amendment of s 188 (Review of certain prohibition orders) . . . . 15 18 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 15

Criminal and Other Legislation Amendment Bill 2011 Contents Part 3 Amendment of Collections Act 1966 19 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 20 Amendment of s 5 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . 16 21 Amendment of s 35A (Disaster appeals trust fund and committee) .................................... 16 22 Insertion of new s 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 49 Transitional provision for Criminal and Other Legislation Amendment Act 2011. . . . . . . . . . . . . . . . 16 Part 4 Amendment of Credit (Commonwealth Powers) Act 2010 23 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 24 Amendment of s 25 (Monitoring, enforcement and administration generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 25 Amendment of s 33 (Enforcement of maximum annual percentage rate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Part 5 Amendment of Criminal Code 26 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 27 Amendment of s 207A (Definitions for this chapter) . . . . . . . . . . . 18 28 Amendment of s 208 (Unlawful sodomy) . . . . . . . . . . . . . . . . . . . 19 29 Amendment of s 210 (Indecent treatment of children under 16) . 19 30 Amendment of s 215 (Carnal knowledge with or of children under 16) ...................................... 20 31 Amendment of s 216 (Abuse of persons with an impairment of the mind) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 32 Amendment of s 218A (Using internet etc. to procure children under 16) ........................................ 20 33 Insertion of new s 218B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 218B Grooming children under 16. . . . . . . . . . . . . . . . . . . . 22 34 Amendment of s 228A (Involving child in making child exploitation material) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 35 Amendment of s 228B (Making child exploitation material) . . . . . 23 36 Amendment of s 228C (Distributing child exploitation material) . . 24 37 Amendment of s 228D (Possessing child exploitation material). . 24 38 Amendment of s 228G (Forfeiture of child exploitation material etc.) ........................................... 24 39 Insertion of new pt 4, ch 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Chapter 25 Cruelty to animals 242 Serious animal cruelty . . . . . . . . . . . . . . . . . . . . . . . . 24 40 Amendment of s 450I (Forfeiture in cases of conviction for offences under specified sections) . . . . . . . . . . . . . . . . . . . . . . . . 25 Page 2

Criminal and Other Legislation Amendment Bill 2011 Contents 41 Amendment of s 568 (Cases in which several charges may be joined) ........................................... 25 42 Amendment of s 669A (Appeal by Attorney-General) . . . . . . . . . 26 43 Insertion of new ch 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Chapter 90 Transitional provisions for Criminal and Other Legislation Amendment Act 2011 729 Indictments for offences . . . . . . . . . . . . . . . . . . . . . . . 27 730 Appeal by Attorney-General . . . . . . . . . . . . . . . . . . . . 27 Part 6 Amendment of Drugs Misuse Act 1986 44 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 45 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 28 46 Amendment of s 9A (Possessing relevant substances or things). 28 47 Insertion of new s 9D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 9D Trafficking in relevant substances or things . . . . . . . . 28 48 Amendment of s 10 (Possessing things) . . . . . . . . . . . . . . . . . . . 29 49 Amendment of s 43U (Confidentiality of information) . . . . . . . . . . 29 50 Amendment of s 46 (Definitions for pt 5B) . . . . . . . . . . . . . . . . . . 29 51 Insertion of new s 129A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 129A Evidentiary provision--s 4, definition dangerous drug, paragraph (c)(ii). . . . . . . . . . . . . . . . 30 52 Insertion of new pt 7, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 8 Provision for Criminal and Other Legislation Amendment Act 2011 143 Amendment of regulation by Criminal and Other Legislation Amendment Act 2011 does not affect powers of Governor in Council . . . . . . . . . . . . . . . . . . 30 Part 7 Amendment of Drugs Misuse Regulation 1987 53 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 54 Amendment of sch 8A (Gross weight of relevant substances for ss 9A, 9B and 9C of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 55 Amendment of sch 8B (Things specified for ss 9A, 9B and 9C, and prescribed for s 134, of Act) . . . . . . . . . . . . . . . . . . . . . . . . . 31 Part 8 Amendment of Justices Act 1886 56 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 57 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 32 58 Amendment of 39 (Power of court to order delivery of certain property) 33 Part 9 Amendment of Land Sales Act 1984 59 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Page 3

Criminal and Other Legislation Amendment Bill 2011 Contents 60 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 33 61 Replacement of ss 27 and 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 27 Purchaser's avoidance right if not given a registrable instrument of transfer within a particular period . . . . . 34 62 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Part 5 Transitional provisions for Criminal and Other Legislation Amendment Act 2011 37 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 38 Application of s 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 39 Continuing application of former ss 27 and 28 . . . . . . 36 40 Effect of regulation amendment . . . . . . . . . . . . . . . . . 36 Part 10 Amendment of Land Sales Regulation 2000 63 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 64 Amendment of s 2 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 65 Omission of ss 3 and 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 66 Amendment of sch 1, hdg (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . 37 67 Omission of schs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Part 11 Amendment of Liquor Act 1992 68 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 69 Amendment of s 12 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . 38 Part 12 Amendment of Residential Services (Accreditation) Act 2002 70 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 71 Amendment of s 41 (Meaning of accreditation decision) . . . . . . . 39 72 Amendment of s 50 (Renewal of accreditation) . . . . . . . . . . . . . . 39 73 Amendment of s 152 (Register of undertakings) . . . . . . . . . . . . . 39 74 Amendment of sch 1 (Reviewable decisions for this Act) . . . . . . . 40 Part 13 Amendment of Retirement Villages Act 1999 75 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 76 Amendment of s 28 (Registration of retirement village scheme) . 40 77 Amendment of s 56 (Interpretation for div 5) . . . . . . . . . . . . . . . . 41 78 Amendment of s 91 (Capital replacement fund) . . . . . . . . . . . . . . 41 79 Amendment of s 105 (General services charges for unsold right to reside in accommodation units) . . . . . . . . . . . . . . . . . . . . 41 80 Amendment of s 106 (Increasing charges for general services) . 41 81 Insertion of new pt 15, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Page 4

Criminal and Other Legislation Amendment Bill 2011 Contents Division 3 Transitional provisions for Criminal and Other Legislation Amendment Act 2011 237H When retirement village scheme must not be registered ............................. 42 237I Continuing application of former definition termination date in former s 56(1) . . . . . . . . . . . . . . . 42 82 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 43 Part 14 Amendment of Roman Catholic Church Lands Act 1985 83 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 84 Amendment of sch 1 (Land vesting in the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane) . . . . . 43 Part 15 Amendment of Security Providers Act 1993 85 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 86 Insertion of new pt 2, div 5, sdiv 1, hdg . . . . . . . . . . . . . . . . . . . . 44 87 Insertion of new pt 2, div 5, sdiv 2, hdg . . . . . . . . . . . . . . . . . . . . 44 88 Amendment of s 21 (Grounds for suspension, cancellation or refusal to renew). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 89 Amendment, renumbering and relocation of s 21A (Approved security industry association must give notice of persons whose membership of the association ends). . . . . . . . . . . . . . . . . . . . . . 44 90 Amendment of s 22 (Procedure for suspension, cancellation or refusal to renew). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 91 Insertion of new pt 2, div 5, sdiv 3, hdg . . . . . . . . . . . . . . . . . . . . 45 92 Insertion of new pt 2, div 5, sdiv 4, hdg . . . . . . . . . . . . . . . . . . . . 45 93 Insertion of new pt 2, div 5, sdiv 5, hdg . . . . . . . . . . . . . . . . . . . . 45 94 Amendment of s 25B (Approval of security industry associations) .................................. 45 95 Insertion of new ss 25C-25E . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 25C Grounds for withdrawing approval . . . . . . . . . . . . . . . 46 25D Procedure for withdrawing approval or imposing approval condition other than initial approval condition ............................ 47 25E Notice of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 96 Replacement of pt 2, div 6 (Review of licence decisions) 48 Division 6 Review of particular decisions 26 Review by QCAT of decisions under divs 1-5 . . . . . . 48 97 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 49 Part 16 Minor and consequential amendments 98 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Page 5

Criminal and Other Legislation Amendment Bill 2011 Contents Schedule Other minor and consequential amendments . . . . . . . . . . . . 50 Child Protection (Offender Reporting) Act 2004. . . . . . . . . . . . . . 50 Commission for Children and Young People and Child Guardian Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Corrective Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Criminal Organisation Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 54 Private Employment Agents Act 2005 . . . . . . . . . . . . . . . . . . . . . 54 Prostitution Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 55 Page 6

2011 A Bill for An Act to amend the Animal Care and Protection Act 2001, the Collections Act 1966, the Credit (Commonwealth Powers) Act 2010, the Criminal Code, the Drugs Misuse Act 1986, the Drugs Misuse Regulation 1987, the Justices Act 1886, the Land Sales Act 1984, the Land Sales Regulation 2000, the Liquor Act 1992, the Residential Services (Accreditation) Act 2002, the Retirement Villages Act 1999, the Roman Catholic Church Lands Act 1985 and the Security Providers Act 1993, and to make minor and consequential amendments of other Acts as stated in the schedule, for particular purposes

Criminal and Other Legislation Amendment Bill 2011 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Criminal and Other Legislation 4 Amendment Act 2011. 5 Clause 2 Commencement 6 The following provisions commence on a day to be fixed by 7 proclamation-- 8 (a) part 2; 9 (b) sections 20(1), 21 and 22; 10 (c) parts 5 to 10; 11 (d) part 16 and the schedule. 12 Part 2 Amendment of Animal Care 13 and Protection Act 2001 14 Clause 3 Act amended 15 This part amends the Animal Care and Protection Act 2001. 16 Clause 4 Amendment of s 18 (Animal cruelty prohibited) 17 Section 18(1), penalty-- 18 omit, insert-- 19 Page 8

Criminal and Other Legislation Amendment Bill 2011 Part 2 Amendment of Animal Care and Protection Act 2001 [s 5] `Maximum penalty--2000 penalty units or 3 years 1 imprisonment.'. 2 Clause 5 Amendment of s 122 (Power of entry) 3 Section 122(1)(g)(i), `against this Act'-- 4 omit. 5 Clause 6 Amendment of s 127 (Issue of warrant) 6 (1) Section 127(1)(b), `there is'-- 7 omit. 8 (2) Section 127(1)(b), `offence against this Act'-- 9 omit, insert-- 10 `animal welfare offence, or another offence against this Act,'. 11 Clause 7 Amendment of s 142 (General power to seize evidence) 12 Section 142(1)(a), from `of'-- 13 omit, insert-- 14 `of-- 15 (i) an animal welfare offence; or 16 (ii) another offence against this Act; or'. 17 Clause 8 Amendment of s 163 (Power to require name and 18 address) 19 (1) Section 163(1)(a), from `commit,'-- 20 omit, insert-- 21 `commit-- 22 (i) an animal welfare offence; or 23 (ii) another offence against this Act; or'. 24 Page 9

Criminal and Other Legislation Amendment Bill 2011 Part 2 Amendment of Animal Care and Protection Act 2001 [s 9] (2) Section 163(1)(b), from `committed'-- 1 omit, insert-- 2 `committed-- 3 (i) an animal welfare offence; or 4 (ii) another offence against this Act; or'. 5 Clause 9 Amendment of s 164 (Failure to comply with personal 6 details requirement) 7 Section 164(2)(a), from `committed'-- 8 omit, insert-- 9 `committed-- 10 (i) an animal welfare offence; or 11 (ii) another offence against this Act; and'. 12 Clause 10 Insertion of new s 181A 13 Chapter 7, part 2-- 14 insert-- 15 `181A Interim prohibition order 16 `(1) This section applies if a person is charged with an animal 17 welfare offence (the alleged offence). 18 `(2) The court may order (an interim prohibition order) that, 19 pending completion of the proceeding for the alleged offence, 20 the person must not possess or purchase or otherwise 21 acquire-- 22 (a) any animal; or 23 (b) a stated type of animal; or 24 (c) any animal, or a stated type of animal, for trade or 25 commerce or another stated purpose. 26 `(3) The court may make an interim prohibition order against the 27 person only if the court is satisfied there are reasonable 28 Page 10

Criminal and Other Legislation Amendment Bill 2011 Part 2 Amendment of Animal Care and Protection Act 2001 [s 11] grounds for believing there is an unacceptable risk the person 1 will commit an animal welfare offence before the completion 2 of the proceeding for the alleged offence. 3 `(4) An interim prohibition order may be made against the 4 person-- 5 (a) only at the court's initiative or on an application by the 6 prosecution; and 7 (b) in the person's absence. 8 `(5) However, the court must not make an interim prohibition 9 order unless the person has been given an opportunity to be 10 heard about whether the order should be made. 11 `(6) An interim prohibition order-- 12 (a) takes effect-- 13 (i) if the person or the person's legal representative is 14 at the hearing when the order is made--when the 15 order is made; or 16 (ii) otherwise--when the order is served on the person; 17 and 18 (b) ends when the proceeding for the alleged offence is 19 completed. 20 `(7) For this section, if the alleged offence is heard and decided on 21 indictment, the proceeding for the offence is completed when 22 the proceeding on indictment is completed.'. 23 Clause 11 Amendment of s 183 (Prohibition order) 24 (1) Section 183(1), from `purchase' to `possession of'-- 25 omit, insert-- 26 `possess or purchase or otherwise acquire'. 27 (2) Section 183-- 28 insert-- 29 Page 11

Criminal and Other Legislation Amendment Bill 2011 Part 2 Amendment of Animal Care and Protection Act 2001 [s 12] `(1A) However, if a person is convicted of a serious animal welfare 1 offence, the court must make a prohibition order against the 2 person if required under section 186A.'. 3 (3) Section 183(1A) and (2)-- 4 renumber as section 183(2) and (3). 5 Clause 12 Amendment of s 184 (Order against owner in certain 6 cases) 7 Section 184-- 8 insert-- 9 `(3) To remove any doubt, it is declared that the court is not 10 required to make a prohibition order against the owner 11 because the person has been convicted of a serious animal 12 welfare offence.'. 13 Clause 13 Amendment of s 185 (Criteria for making disposal or 14 prohibition order) 15 (1) Section 185, before subsection (1)-- 16 insert-- 17 `(1AA) This section does not apply to the making of a prohibition 18 order against a person under section 186A.'. 19 (2) Section 185(2)-- 20 insert-- 21 `(e) if an interim prohibition order is in effect against the 22 person--the person's compliance or otherwise with the 23 order.'. 24 (3) Section 185(3), `Subsection (2)'-- 25 omit, insert-- 26 `Subsection (3)'. 27 (4) Section 185(1AA) to (4)-- 28 renumber as section 185(1) to (5). 29 Page 12

Criminal and Other Legislation Amendment Bill 2011 Part 2 Amendment of Animal Care and Protection Act 2001 [s 14] Clause 14 Insertion of new s 186A 1 After section 186-- 2 insert-- 3 `186A Mandatory prohibition order--serious animal welfare 4 offence 5 `(1) This section applies if a person is convicted of a serious 6 animal welfare offence. 7 `(2) If the serious animal welfare offence is an offence against the 8 Criminal Code, section 242 or 468, the court must make a 9 prohibition order against the person. 10 `(3) The prohibition order must-- 11 (a) order that the person not possess or purchase or 12 otherwise acquire at least the following-- 13 (i) the animal the subject of the offence; 14 (ii) any animal of the type of animal the subject of the 15 offence; and 16 (b) be for a stated period of at least 2 years. 17 `(4) If the serious animal welfare offence is an offence against 18 section 18, the court must make a prohibition order against the 19 person unless the person satisfies the court, on the balance of 20 probabilities, that it would be unjust in the circumstances of 21 the particular case to make the order. 22 `(5) In considering whether it would be unjust to make the 23 prohibition order, the court-- 24 (a) must consider the matters mentioned in section 25 185(3)(a) to (e); and 26 (b) may consider any other matters the court considers 27 relevant. 28 `(6) The court must not make a prohibition order under subsection 29 (4) unless the person has been given an opportunity to be 30 heard about whether it would be unjust in the circumstances 31 of the particular case to make the order. 32 `(7) This section does not limit section 186(4).'. 33 Page 13

Criminal and Other Legislation Amendment Bill 2011 Part 2 Amendment of Animal Care and Protection Act 2001 [s 15] Clause 15 Amendment of s 187 (Contravention of prohibition order 1 unlawful) 2 Section 187, after `prohibition order'-- 3 insert-- 4 `or interim prohibition order'. 5 Clause 16 Insertion of new s 187A 6 After section 187-- 7 insert-- 8 `187A Amendment or revocation of interim prohibition 9 order 10 `(1) This section applies if an interim prohibition order is made 11 against a person. 12 `(2) A relevant court may amend or revoke the interim prohibition 13 order on an application under this section. 14 `(3) An application may be made by-- 15 (a) the person, if at least 6 months has passed-- 16 (i) after the interim prohibition order was made; or 17 (ii) after the person last made an application under this 18 section; or 19 (b) the prosecution, at any time. 20 `(4) The court may amend or revoke the interim prohibition order 21 only if satisfied that-- 22 (a) there has been a substantial change in the person's 23 circumstances since the order was made; or 24 (b) in all the circumstances, it is reasonable to amend or 25 revoke the order. 26 `(5) The applicant must give the chief executive notice of the 27 application. 28 Page 14

Criminal and Other Legislation Amendment Bill 2011 Part 2 Amendment of Animal Care and Protection Act 2001 [s 17] `(6) In deciding the application, the court must give the chief 1 executive and anyone else it considers appropriate an 2 opportunity to be heard. 3 `(7) In this section-- 4 relevant court means-- 5 (a) the court that made the interim prohibition order; or 6 (b) if another court is dealing with the proceeding for the 7 alleged offence on indictment--that court.'. 8 Clause 17 Amendment of s 188 (Review of certain prohibition 9 orders) 10 Section 188(5)(b), `section 185(2)'-- 11 omit, insert-- 12 `section 185(3)'. 13 Clause 18 Amendment of schedule (Dictionary) 14 (1) Schedule-- 15 insert-- 16 `interim prohibition order see section 181A(2). 17 serious animal welfare offence means an offence against-- 18 (a) section 18 of this Act; or 19 (b) the Criminal Code, section 242 or 468.'. 20 (2) Schedule, definition animal welfare offence, item 1(b), after 21 `section'-- 22 insert-- 23 `242 or'. 24 Page 15

Criminal and Other Legislation Amendment Bill 2011 Part 3 Amendment of Collections Act 1966 [s 19] Part 3 Amendment of Collections Act 1 1966 2 Clause 19 Act amended 3 This part amends the Collections Act 1966. 4 Clause 20 Amendment of s 5 (Meaning of terms) 5 (1) Section 5(1)-- 6 insert-- 7 `appointed members see section 35A(4).'. 8 (2) Section 5(1), definition inspector, from `a person' to `under 9 this Act'-- 10 omit, insert-- 11 `an inspector under the Fair Trading Act 1989, section 5'. 12 Clause 21 Amendment of s 35A (Disaster appeals trust fund and 13 committee) 14 Section 35A(4), (7), (9)(d), (10) and (11), `Governor in 15 Council'-- 16 omit, insert-- 17 `chief executive'. 18 Clause 22 Insertion of new s 49 19 After section 48-- 20 insert-- 21 `49 Transitional provision for Criminal and Other 22 Legislation Amendment Act 2011 23 `(1) On the commencement of this section-- 24 (a) if the chief executive was an appointed member of the 25 disaster appeals trust fund committee immediately 26 Page 16

Criminal and Other Legislation Amendment Bill 2011 Part 4 Amendment of Credit (Commonwealth Powers) Act 2010 [s 23] before the commencement of this section--the chief 1 executive stops being a member of the committee; and 2 (b) if the chief executive was the chairperson of the 3 committee immediately before the commencement of 4 this section--the chief executive stops being the 5 chairperson; and 6 (c) if the chief executive was the deputy chairperson of the 7 committee immediately before the commencement of 8 this section--the chief executive stops being the deputy 9 chairperson. 10 `(2) A person, other than the chief executive, who was an 11 appointed member of the committee immediately before the 12 commencement of this section continues to be an appointed 13 member as if the person was appointed by the chief executive. 14 `(3) A person, other than the chief executive, who was the 15 chairperson of the committee immediately before the 16 commencement of this section continues to be the chairperson 17 as if the person was designated to be the chairperson by the 18 chief executive.'. 19 Part 4 Amendment of Credit 20 (Commonwealth Powers) Act 21 2010 22 Clause 23 Act amended 23 This part amends the Credit (Commonwealth Powers) Act 24 2010. 25 Page 17

Criminal and Other Legislation Amendment Bill 2011 Part 5 Amendment of Criminal Code [s 24] Clause 24 Amendment of s 25 (Monitoring, enforcement and 1 administration generally) 2 Section 25(3), `section 33(3)'-- 3 omit, insert-- 4 `section 33(4)'. 5 Clause 25 Amendment of s 33 (Enforcement of maximum annual 6 percentage rate) 7 (1) Section 33(3) and (4)-- 8 renumber as section 33(4) and (5). 9 (2) Section 33-- 10 insert-- 11 `(3) The chief executive may publish on the department's website 12 the information contained in the register of conduct deeds 13 kept under section 20 of the repealed Consumer Credit 14 (Queensland) Act 1994 as applied by subsection (2)(a). 15 Editor's note-- 16 The address of the department's website is .'. 17 Part 5 Amendment of Criminal Code 18 Clause 26 Code amended 19 This part amends the Criminal Code. 20 Clause 27 Amendment of s 207A (Definitions for this chapter) 21 Section 207A, definition child exploitation material, 22 `someone'-- 23 omit, insert-- 24 `a person, or a representation of a person,'. 25 Page 18

Criminal and Other Legislation Amendment Bill 2011 Part 5 Amendment of Criminal Code [s 28] Clause 28 Amendment of s 208 (Unlawful sodomy) 1 (1) Section 208-- 2 insert-- 3 `(2A) For an offence defined in subsection (1)(a) or (b) other than an 4 attempt, the offender is liable to imprisonment for life if the 5 offence is committed in respect of a child who is a person with 6 an impairment of the mind.'. 7 (2) Section 208-- 8 insert-- 9 `(5) For an offence defined in subsection (1)(a) or (b) alleged to 10 have been committed with the circumstance of aggravation 11 mentioned in subsection (2A), it is a defence to the 12 circumstance of aggravation to prove that the accused person 13 believed on reasonable grounds that the child was not a person 14 with an impairment of the mind.'. 15 Clause 29 Amendment of s 210 (Indecent treatment of children 16 under 16) 17 (1) Section 210-- 18 insert-- 19 `(4A) If the child is a person with an impairment of the mind, the 20 offender is guilty of a crime, and is liable to imprisonment for 21 20 years.'. 22 (2) Section 210-- 23 insert-- 24 `(5A) If the offence is alleged to have been committed with the 25 circumstance of aggravation mentioned in subsection (4A), it 26 is a defence to the circumstance of aggravation to prove that 27 the accused person believed on reasonable grounds that the 28 child was not a person with an impairment of the mind.'. 29 Page 19

Criminal and Other Legislation Amendment Bill 2011 Part 5 Amendment of Criminal Code [s 30] Clause 30 Amendment of s 215 (Carnal knowledge with or of 1 children under 16) 2 (1) Section 215-- 3 insert-- 4 `(4A) If the child is a person with an impairment of the mind, the 5 offender is guilty of a crime, and is liable to imprisonment for 6 life.'. 7 (2) Section 215-- 8 insert-- 9 `(5A) If the offence is alleged to have been committed with the 10 circumstance of aggravation mentioned in subsection (4A), it 11 is a defence to the circumstance of aggravation to prove that 12 the accused person believed on reasonable grounds that the 13 child was not a person with an impairment of the mind.'. 14 Clause 31 Amendment of s 216 (Abuse of persons with an 15 impairment of the mind) 16 Section 216(2), `subsection (3)(c)'-- 17 omit, insert-- 18 `subsections (3)(c) and (3A)'. 19 Clause 32 Amendment of s 218A (Using internet etc. to procure 20 children under 16) 21 (1) Section 218A(1) and (2)-- 22 omit, insert-- 23 `(1) Any adult who uses electronic communication with intent to 24 procure a person under the age of 16 years, or a person the 25 adult believes is under the age of 16 years, to engage in a 26 sexual act, either in Queensland or elsewhere, commits a 27 crime. 28 Maximum penalty--10 years imprisonment. 29 `(2) The adult is liable to 14 years imprisonment if-- 30 Page 20

Criminal and Other Legislation Amendment Bill 2011 Part 5 Amendment of Criminal Code [s 33] (a) the person is-- 1 (i) a person under 12 years; or 2 (ii) a person the adult believes is under 12 years; or 3 (b) the offence involves the adult-- 4 (i) intentionally meeting the person; or 5 (ii) going to a place with the intention of meeting the 6 person.'. 7 (2) Section 218A(3), (5) and (6), `(1)(a)'-- 8 omit, insert-- 9 `(1)'. 10 (3) Section 218A(10)-- 11 renumber as section 218A(11). 12 (4) Section 218A(9)-- 13 omit, insert-- 14 `(9) It is a defence to a charge under this section to prove the adult 15 believed on reasonable grounds that the person was at least 16 16 years. 17 `(10) For an offence defined in subsection (1) alleged to have been 18 committed with the circumstance of aggravation mentioned in 19 subsection (2)(a)(i), it is a defence to the circumstance of 20 aggravation to prove that the adult believed on reasonable 21 grounds that the person was at least 12 years.'. 22 (5) Section 218A(11), as renumbered-- 23 insert-- 24 `meeting means meeting in person.'. 25 Clause 33 Insertion of new s 218B 26 After section 218A-- 27 insert-- 28 Page 21

Criminal and Other Legislation Amendment Bill 2011 Part 5 Amendment of Criminal Code [s 33] `218B Grooming children under 16 1 `(1) Any adult who engages in any conduct in relation to a person 2 under the age of 16 years, or a person the adult believes is 3 under the age of 16 years, with intent to-- 4 (a) facilitate the procurement of the person to engage in a 5 sexual act, either in Queensland or elsewhere; or 6 (b) expose, without legitimate reason, the person to any 7 indecent matter, either in Queensland or elsewhere; 8 commits a crime. 9 Note-- 10 See section 1 for the definition indecent matter. 11 Maximum penalty--5 years imprisonment. 12 `(2) The adult is liable to 10 years imprisonment if the person is-- 13 (a) a person under 12 years; or 14 (b) a person the adult believes is under 12 years. 15 `(3) For subsection (1)(a), a person engages in a sexual act if the 16 person-- 17 (a) allows a sexual act to be done to the person's body; or 18 (b) does a sexual act to the person's own body or the body 19 of another person; or 20 (c) otherwise engages in an act of an indecent nature. 21 `(4) Subsection (3) is not limited to sexual intercourse or acts 22 involving physical contact. 23 `(5) For subsection (1)(a)-- 24 (a) it is not necessary to prove that the adult intended to 25 facilitate the procurement of the person to engage in any 26 particular sexual act; and 27 (b) it does not matter that, by reason of circumstances not 28 known to the adult, it is impossible in fact for the person 29 to engage in the sexual act; and 30 Page 22

Criminal and Other Legislation Amendment Bill 2011 Part 5 Amendment of Criminal Code [s 34] (c) it does not matter when the adult intended the person 1 would be procured to engage in a sexual act. 2 `(6) For subsection (1), it does not matter that the person is a 3 fictitious person represented to the adult as a real person. 4 `(7) Evidence that the person was represented to the adult as being 5 under the age of 16 years, or 12 years, as the case may be, is, 6 in the absence of evidence to the contrary, proof that the adult 7 believed the person was under that age. 8 `(8) It is a defence to a charge under this section to prove the adult 9 believed on reasonable grounds that the person was at least 16 10 years. 11 `(9) For an offence defined in subsection (1) alleged to have been 12 committed with the circumstance of aggravation mentioned in 13 subsection (2)(a), it is a defence to the circumstance of 14 aggravation to prove that the adult believed on reasonable 15 grounds that the person was at least 12 years. 16 `(10) In this section-- 17 procure means knowingly entice or recruit for the purposes of 18 sexual exploitation.'. 19 Clause 34 Amendment of s 228A (Involving child in making child 20 exploitation material) 21 Section 228A(1), `10 years imprisonment'-- 22 omit, insert-- 23 `14 years imprisonment'. 24 Clause 35 Amendment of s 228B (Making child exploitation 25 material) 26 Section 228B(1), `10 years imprisonment'-- 27 omit, insert-- 28 `14 years imprisonment'. 29 Page 23

Criminal and Other Legislation Amendment Bill 2011 Part 5 Amendment of Criminal Code [s 36] Clause 36 Amendment of s 228C (Distributing child exploitation 1 material) 2 Section 228C(1), `10 years imprisonment'-- 3 omit, insert-- 4 `14 years imprisonment'. 5 Clause 37 Amendment of s 228D (Possessing child exploitation 6 material) 7 Section 228D, `5 years imprisonment'-- 8 omit, insert-- 9 `14 years imprisonment'. 10 Clause 38 Amendment of s 228G (Forfeiture of child exploitation 11 material etc.) 12 Section 228G(1)(a)-- 13 omit, insert-- 14 `(a) section 210(1)(e) or (f), 218A or 218B; or'. 15 Clause 39 Insertion of new pt 4, ch 25 16 Part 4-- 17 insert-- 18 `Chapter 25 Cruelty to animals 19 `242 Serious animal cruelty 20 `(1) A person who, with the intention of inflicting severe pain or 21 suffering, unlawfully kills, or causes serious injury or 22 prolonged suffering to, an animal commits a crime. 23 Maximum penalty--7 years imprisonment. 24 Page 24

Criminal and Other Legislation Amendment Bill 2011 Part 5 Amendment of Criminal Code [s 40] `(2) An act or omission that causes the death of, or serious injury 1 or prolonged suffering to, an animal is unlawful unless it is 2 authorised, justified or excused by-- 3 (a) the Animal Care and Protection Act 2001; or 4 (b) another law, other than section 458 of this Code. 5 `(3) In this section-- 6 serious injury means-- 7 (a) the loss of a distinct part or an organ of the body; or 8 (b) any bodily injury of such a nature that, if left untreated, 9 would-- 10 (i) endanger, or be likely to endanger, life; or 11 (ii) cause, or be likely to cause, permanent injury to 12 health.'. 13 Clause 40 Amendment of s 450I (Forfeiture in cases of conviction 14 for offences under specified sections) 15 Section 450I(1), after `section'-- 16 insert-- 17 `242,'. 18 Clause 41 Amendment of s 568 (Cases in which several charges 19 may be joined) 20 Section 568-- 21 insert-- 22 `(10A) In an indictment against a person for an offence against 23 section 228A, 228B, 228C or 228D, the person may be 24 charged and proceeded against on 1 charge for the offence 25 even though-- 26 (a) any number of separate acts constituting the offence 27 have been committed, whether or not the separate acts 28 constituting the offence can be identified; or 29 Page 25

Criminal and Other Legislation Amendment Bill 2011 Part 5 Amendment of Criminal Code [s 42] (b) the separate acts constituting the offence have extended 1 over any space of time; or 2 (c) different acts constituting the offence took place at 3 different times, whether or not the different acts can be 4 identified.'. 5 Clause 42 Amendment of s 669A (Appeal by Attorney-General) 6 Section 669A, after subsection (1)-- 7 insert-- 8 `(1AA) The Court must not take into account any element of double 9 jeopardy involved in the respondent being sentenced again 10 when doing either or both of the following under subsection 11 (1)-- 12 (a) exercising the Court's discretion in deciding whether to 13 allow an appeal; 14 (b) imposing a sentence. 15 `(1AB) Without limiting subsection (1AA), in imposing a sentence 16 under subsection (1), the Court must not take into account any 17 rule, principle or practice that-- 18 (a) would otherwise apply only because of any element of 19 double jeopardy involved in the defendant being 20 sentenced again; and 21 (b) would require the Court to do any or all of the 22 following-- 23 (i) impose a sentence at the lower end of the available 24 range; 25 (ii) impose a sentence that is less than the sentence the 26 Court considers should have been imposed when 27 the respondent was first sentenced; 28 (iii) be limited by the submissions made by the 29 prosecution when the respondent was first 30 sentenced.'. 31 Page 26

Criminal and Other Legislation Amendment Bill 2011 Part 6 Amendment of Drugs Misuse Act 1986 [s 43] Clause 43 Insertion of new ch 90 1 Part 9-- 2 insert-- 3 `Chapter 90 Transitional provisions for 4 Criminal and Other 5 Legislation Amendment Act 6 2011 7 `729 Indictments for offences 8 `This Code, as amended by the Criminal and Other 9 Legislation Amendment Act 2011, section 41, applies to an 10 indictment against a person for an offence against section 11 228A, 228B, 228C or 228D whether the act or omission 12 constituting the offence happened before, on or after the 13 commencement of this section. 14 `730 Appeal by Attorney-General 15 `This Code, as amended by the Criminal and Other 16 Legislation Amendment Act 2011, section 42, applies to a 17 proceeding for an appeal under section 669A(1) started on or 18 after the commencement of this section.'. 19 Part 6 Amendment of Drugs Misuse 20 Act 1986 21 Clause 44 Act amended 22 This part amends the Drugs Misuse Act 1986. 23 Page 27

Criminal and Other Legislation Amendment Bill 2011 Part 6 Amendment of Drugs Misuse Act 1986 [s 45] Clause 45 Amendment of s 4 (Definitions) 1 (1) Section 4-- 2 insert-- 3 `Australian Crime Commission means the Australian Crime 4 Commission established under the Australian Crime 5 Commission Act 2002 (Cwlth), section 7.'. 6 (2) Section 4, definition dangerous drug, paragraph (c), from `and 7 that has'-- 8 omit, insert-- 9 `and that-- 10 (i) has a substantially similar pharmacological effect; 11 or 12 (ii) is intended, or apparently intended, to have a 13 substantially similar pharmacological effect;'. 14 Clause 46 Amendment of s 9A (Possessing relevant substances or 15 things) 16 Section 9A-- 17 insert-- 18 `(1A) It is a defence to a charge of an offence against subsection (1) 19 for a person to prove that the person has a reasonable excuse 20 for possessing the relevant substance or thing.'. 21 Clause 47 Insertion of new s 9D 22 After section 9C-- 23 insert-- 24 `9D Trafficking in relevant substances or things 25 `A person who carries on the business of unlawfully 26 trafficking in a relevant substance or thing as defined under 27 Page 28

Criminal and Other Legislation Amendment Bill 2011 Part 6 Amendment of Drugs Misuse Act 1986 [s 48] section 9A(2), for use in connection with the commission of a 1 crime under section 8, commits a crime. 2 Maximum penalty--20 years imprisonment.'. 3 Clause 48 Amendment of s 10 (Possessing things) 4 Section 10, after subsection (4)-- 5 insert-- 6 `(4AA) For subsection (4), it is immaterial whether the hypodermic 7 syringe or needle was for use, or had been used, in connection 8 with the administration of a dangerous drug.'. 9 Clause 49 Amendment of s 43U (Confidentiality of information) 10 (1) Section 43U(2)(c) and (d)-- 11 renumber as section 43U(2)(d) and (e). 12 (2) Section 43U(2)-- 13 insert-- 14 `(c) disclosure of information to a member of the staff of the 15 Australian Crime Commission to enable the member to 16 perform his or her functions as a member of the staff of 17 the Australian Crime Commission; or'. 18 Clause 50 Amendment of s 46 (Definitions for pt 5B) 19 Section 46, definition serious offence, paragraph (a)(ii), `or 20 8'-- 21 omit, insert-- 22 `, 8 or 9D'. 23 Clause 51 Insertion of new s 129A 24 After section 129-- 25 insert-- 26 Page 29

Criminal and Other Legislation Amendment Bill 2011 Part 6 Amendment of Drugs Misuse Act 1986 [s 52] `129A Evidentiary provision--s 4, definition 1 dangerous drug, paragraph (c)(ii) 2 `(1) This section applies if, in a proceeding for an offence against 3 this or another Act, it is relevant to prove that a thing is a 4 dangerous drug under section 4, definition dangerous drug, 5 paragraph (c)(ii). 6 `(2) The thing is proved to be a dangerous drug if there is evidence 7 that-- 8 (a) the accused person actually intended that the thing have 9 a substantially similar pharmacological effect; or 10 (b) an ordinary person would reasonably consider, in the 11 circumstances of the case, that the accused intended that 12 the thing have a substantially similar pharmacological 13 effect.'. 14 Clause 52 Insertion of new pt 7, div 8 15 Part 7-- 16 insert-- 17 `Division 8 Provision for Criminal and Other 18 Legislation Amendment Act 2011 19 `143 Amendment of regulation by Criminal and Other 20 Legislation Amendment Act 2011 does not affect 21 powers of Governor in Council 22 `The amendment of the Drugs Misuse Regulation 1987 by the 23 Criminal and Other Legislation Amendment Act 2011 does 24 not affect the power of the Governor in Council to further 25 amend the regulation or to repeal it.'. 26 Page 30

Criminal and Other Legislation Amendment Bill 2011 Part 7 Amendment of Drugs Misuse Regulation 1987 [s 53] Part 7 Amendment of Drugs Misuse 1 Regulation 1987 2 Clause 53 Regulation amended 3 This part amends the Drugs Misuse Regulation 1987. 4 Clause 54 Amendment of sch 8A (Gross weight of relevant 5 substances for ss 9A, 9B and 9C of Act) 6 (1) Schedule 8A, heading, `and 9C'-- 7 omit, insert-- 8 `, 9C and 9D'. 9 (2) Schedule 8A, authorising section, after `9C'-- 10 insert-- 11 `, 9D'. 12 Clause 55 Amendment of sch 8B (Things specified for ss 9A, 9B and 13 9C, and prescribed for s 134, of Act) 14 (1) Schedule 8B, heading, `and 9C'-- 15 omit, insert-- 16 `, 9C and 9D'. 17 (2) Schedule 8B, authorising section, after `9C'-- 18 insert-- 19 `, 9D'. 20 Page 31

Criminal and Other Legislation Amendment Bill 2011 Part 8 Amendment of Justices Act 1886 [s 56] Part 8 Amendment of Justices Act 1 1886 2 Clause 56 Act amended 3 This part amends the Justices Act 1886. 4 Clause 57 Amendment of s 4 (Definitions) 5 (1) Section 4, definition private complaint-- 6 omit. 7 (2) Section 4-- 8 insert-- 9 `private complaint-- 10 (a) means a complaint made by a person who is not-- 11 (i) a public officer; or 12 (ii) in making the complaint, acting in-- 13 (A) the execution of a duty imposed on the 14 person by law; or 15 (B) the proper administration of an Act or 16 Commonwealth Act; and 17 (b) does not include a complaint of an offence against the 18 Criminal Code, section 242 or 468 made by an RSPCA 19 inspector. 20 RSPCA inspector means a person who-- 21 (a) holds appointment as an inspector under the Animal 22 Care and Protection Act 2001; and 23 (b) is an employee of the Royal Society for the Prevention 24 of Cruelty to Animals Queensland Incorporated.'. 25 Page 32

Criminal and Other Legislation Amendment Bill 2011 Part 9 Amendment of Land Sales Act 1984 [s 58] Clause 58 Amendment of 39 (Power of court to order delivery of 1 certain property) 2 Section 39(6), definition public officer-- 3 omit, insert-- 4 `public officer-- 5 (a) in relation to a complaint of an offence against the 6 Criminal Code, section 242 or 468, includes an RSPCA 7 inspector; and 8 (b) other than in relation to a thing seized by a police officer 9 that is in the possession of the Crime and Misconduct 10 Commission, does not include a police officer.'. 11 Part 9 Amendment of Land Sales Act 12 1984 13 Clause 59 Act amended 14 This part amends the Land Sales Act 1984. 15 Clause 60 Amendment of s 6 (Definitions) 16 (1) Subsections (2) to (4) amend section 6, definition registrable 17 instrument of transfer. 18 (2) Paragraph (a), from `memorandum' to `land'-- 19 omit, insert-- 20 `transfer under the Land Title Act 1994'. 21 (3) Paragraph (b), `an instrument of transfer'-- 22 omit, insert-- 23 `a transfer under the Land Act 1994'. 24 (4) Paragraph (c), `memorandum of transfer'-- 25 Page 33

Criminal and Other Legislation Amendment Bill 2011 Part 9 Amendment of Land Sales Act 1984 [s 61] omit, insert-- 1 `transfer under the Land Title Act 1994'. 2 (5) Section 6-- 3 insert-- 4 `land registry means for-- 5 (a) freehold land--the land registry under the Land Title Act 6 1994; or 7 (b) leasehold land--the land registry under the Land Act 8 1994.'. 9 Clause 61 Replacement of ss 27 and 28 10 Sections 27 and 28-- 11 omit, insert-- 12 `27 Purchaser's avoidance right if not given a registrable 13 instrument of transfer within a particular period 14 `(1) This section applies if-- 15 (a) a purchaser enters into an instrument to purchase a 16 proposed lot; and 17 (b) the vendor under the instrument has not, 18 unconditionally, given the purchaser a registrable 19 instrument of transfer for the lot (a registrable transfer) 20 before the earliest of the following to happen-- 21 (i) the end of any unqualified settlement period 22 required under the instrument; 23 (ii) any unqualified settlement time required under the 24 instrument; 25 (iii) if the instrument has no unqualified settlement 26 period or unqualified settlement time--the end of 27 31/2 years after the day the instrument was made; 28 (iv) the end of 51/2 years after the day the instrument 29 was made. 30 Page 34

Criminal and Other Legislation Amendment Bill 2011 Part 9 Amendment of Land Sales Act 1984 [s 62] `(2) The purchaser may avoid the instrument by giving the vendor 1 written notice of the avoidance before the vendor gives the 2 purchaser a registrable transfer. 3 `(3) In this section-- 4 unqualified settlement period means-- 5 (a) a period provided for under the instrument within which 6 the vendor must give the purchaser a registrable transfer; 7 and 8 (b) that is not-- 9 (i) subject to a right of extension by the vendor; or 10 (ii) conditional on the happening of an event. 11 unqualified settlement time means-- 12 (a) the time provided for under the instrument by which the 13 vendor must give the purchaser a registrable transfer; 14 and 15 Examples of time for paragraph (a)-- 16 � 4pm on a particular day 17 � between 9am and 5pm on a particular day 18 � a particular day, month or year 19 (b) that is not-- 20 (i) subject to a right of extension by the vendor; or 21 (ii) conditional on the happening of an event.'. 22 Clause 62 Insertion of new pt 5 23 After section 36-- 24 insert-- 25 Page 35

Criminal and Other Legislation Amendment Bill 2011 Part 9 Amendment of Land Sales Act 1984 [s 62] `Part 5 Transitional provisions for 1 Criminal and Other Legislation 2 Amendment Act 2011 3 `37 Definitions for pt 5 4 `In this part-- 5 former section 27 means section 27 as in force immediately 6 before the commencement of this section. 7 former section 28 means section 28 as in force immediately 8 before the commencement. 9 `38 Application of s 27 10 `Section 27 applies-- 11 (a) only for an instrument of purchase for a proposed lot 12 entered into by a purchaser after the commencement of 13 this section; and 14 (b) even if an extension of the period mentioned in former 15 section 27 has been prescribed under former section 28 16 for the proposed lot. 17 `39 Continuing application of former ss 27 and 28 18 `Former sections 27 and 28 continue to apply for an 19 instrument of purchase for a proposed lot entered into by the 20 purchaser before the commencement. 21 `40 Effect of regulation amendment 22 `The amendment of the Land Sales Regulation 2000 under the 23 Criminal and Other Legislation Amendment Act 2011 does 24 not affect the power of the Governor in Council to further 25 amend the regulation or to repeal it.'. 26 Page 36

Criminal and Other Legislation Amendment Bill 2011 Part 10 Amendment of Land Sales Regulation 2000 [s 63] Part 10 Amendment of Land Sales 1 Regulation 2000 2 Clause 63 Regulation amended 3 This part amends the Land Sales Regulation 2000. 4 Clause 64 Amendment of s 2 (Fees) 5 Section 2, `in schedule 1'-- 6 omit, insert-- 7 `stated in the schedule'. 8 Clause 65 Omission of ss 3 and 4 9 Sections 3 and 4-- 10 omit. 11 Clause 66 Amendment of sch 1, hdg (Fees) 12 Schedule 1, heading, `Schedule 1'-- 13 omit, insert-- 14 `Schedule'. 15 Clause 67 Omission of schs 2 and 3 16 Schedules 2 and 3-- 17 omit. 18 Page 37

Criminal and Other Legislation Amendment Bill 2011 Part 11 Amendment of Liquor Act 1992 [s 68] Part 11 Amendment of Liquor Act 1992 1 Clause 68 Act amended 2 This part amends the Liquor Act 1992. 3 Clause 69 Amendment of s 12 (Exemptions) 4 (1) Section 12(2)-- 5 insert-- 6 `(n) a sale of liquor in a nursing home, other than a nursing 7 home in a relevant restricted area, to an adult person 8 who is a resident of the nursing home, or an adult guest 9 of a resident of the nursing home, if the quantity of 10 liquor sold to the person is not more than 2 standard 11 drinks in a day; 12 (o) a sale of liquor in a hospital, other than a hospital in a 13 relevant restricted area, to an adult person who is an 14 inpatient of the hospital if the quantity of liquor sold to 15 the person is not more than 2 standard drinks in a day.'. 16 (2) Section 12(4)-- 17 insert-- 18 `hospital means-- 19 (a) a hospital operated by the State; or 20 (b) a private hospital under the Private Health Facilities Act 21 1999. 22 nursing home means a facility in which residential care is 23 provided in relation to an allocated place under the Aged Care 24 Act 1997 (Cwlth). 25 relevant restricted area means a restricted area to which 26 section 168B applies because of a declaration under section 27 173H.'. 28 Page 38

Criminal and Other Legislation Amendment Bill 2011 Part 12 Amendment of Residential Services (Accreditation) Act 2002 [s 70] Part 12 Amendment of Residential 1 Services (Accreditation) Act 2 2002 3 Clause 70 Act amended 4 This part amends the Residential Services (Accreditation) Act 5 2002. 6 Clause 71 Amendment of s 41 (Meaning of accreditation decision) 7 Section 41(b), after `accreditation'-- 8 insert-- 9 `, or renewal of accreditation,'. 10 Clause 72 Amendment of s 50 (Renewal of accreditation) 11 (1) Section 50(6) to (8)-- 12 renumber as section 50(7) to (9). 13 (2) Section 50-- 14 insert-- 15 `(6) The chief executive may renew the accreditation on conditions 16 the chief executive considers appropriate.'. 17 Clause 73 Amendment of s 152 (Register of undertakings) 18 Section 152-- 19 insert-- 20 `(3) The chief executive may publish the information contained in 21 the register on the department's website. 22 Editor's note-- 23 The address of the department's website is 24 .'. 25 Page 39

Criminal and Other Legislation Amendment Bill 2011 Part 13 Amendment of Retirement Villages Act 1999 [s 74] Clause 74 Amendment of sch 1 (Reviewable decisions for this Act) 1 Schedule 1, entry for service provider for a residential service, 2 after fourth dot point-- 3 insert-- 4 `� to impose conditions on a renewal of accreditation of the 5 service (s 50(6))'. 6 Part 13 Amendment of Retirement 7 Villages Act 1999 8 Clause 75 Act amended 9 This part amends the Retirement Villages Act 1999. 10 Clause 76 Amendment of s 28 (Registration of retirement village 11 scheme) 12 (1) Section 28(4) to (6)-- 13 renumber as section 28(5) to (7). 14 (2) Section 28-- 15 insert-- 16 `(4) However, the chief executive must not register a retirement 17 village scheme if the chief executive reasonably considers the 18 scheme is contrary to the regulatory framework under this 19 Act. 20 Example-- 21 It is contrary to that regulatory framework for the scheme operator to 22 directly or indirectly require the retirement village's residents to be 23 responsible for things the Act makes the scheme operator responsible 24 for.'. 25 Page 40

Criminal and Other Legislation Amendment Bill 2011 Part 13 Amendment of Retirement Villages Act 1999 [s 77] Clause 77 Amendment of s 56 (Interpretation for div 5) 1 Section 56(1), definition termination date, paragraph (b)-- 2 omit, insert-- 3 `(b) if a relative of the resident has a right under section 4 70B(5) to enter into a residence contract for the 5 accommodation unit--the date the relative advised the 6 scheme operator, under section 70B(5)(d), that the 7 relative wants to enter into a residence contract for the 8 accommodation unit; or 9 (c) if a relative of the resident has a right under section 10 70B(2) to reside in the accommodation unit but does not 11 have a right under section 70B(5) to enter into a 12 residence contract for the accommodation unit--the 13 date the relative vacates the accommodation unit.'. 14 Clause 78 Amendment of s 91 (Capital replacement fund) 15 Section 91(5)(a), after `repairs'-- 16 insert-- 17 `, other than repairs that are reinstatement work the cost of 18 which must be paid out of the fund under section 62(4)'. 19 Clause 79 Amendment of s 105 (General services charges for 20 unsold right to reside in accommodation units) 21 Section 105(2), from `an' to `subsection (1)'-- 22 omit, insert-- 23 `any part of an amount payable under subsection (1) that is a 24 maintenance reserve fund contribution'. 25 Clause 80 Amendment of s 106 (Increasing charges for general 26 services) 27 Section 106(2), definition CPI percentage increase, 28 paragraphs (a) and (b), `for the quarter ending immediately'-- 29 Page 41

Criminal and Other Legislation Amendment Bill 2011 Part 13 Amendment of Retirement Villages Act 1999 [s 81] omit, insert-- 1 `most recently'. 2 Clause 81 Insertion of new pt 15, div 3 3 Part 15-- 4 insert-- 5 `Division 3 Transitional provisions for Criminal 6 and Other Legislation Amendment 7 Act 2011 8 `237H When retirement village scheme must not be 9 registered 10 `Section 28(4) applies to an application to register a 11 retirement village scheme under section 27(1), whether the 12 application was made before or after the commencement of 13 this section. 14 `237I Continuing application of former definition 15 termination date in former s 56(1) 16 `(1) This section applies if, immediately before the 17 commencement of this section, a relative of a resident had a 18 right, under section 70B(2), to reside in an accommodation 19 unit. 20 `(2) The former definition termination date in former section 21 56(1) continues to apply to the resident for the 22 accommodation unit as if the Criminal and Other Legislation 23 Amendment Act 2011 had not been enacted. 24 `(3) In this section-- 25 former, of a provision mentioned in this section, means the 26 provision to which the reference relates is a provision of the 27 pre-amended Act. 28 pre-amended Act means this Act as in force immediately 29 before the commencement of this section.'. 30 Page 42

Criminal and Other Legislation Amendment Bill 2011 Part 14 Amendment of Roman Catholic Church Lands Act 1985 [s 82] Clause 82 Amendment of schedule (Dictionary) 1 Schedule, definition decision notice-- 2 omit. 3 Part 14 Amendment of Roman Catholic 4 Church Lands Act 1985 5 Clause 83 Act amended 6 This part amends the Roman Catholic Church Lands Act 7 1985. 8 Clause 84 Amendment of sch 1 (Land vesting in the Corporation of 9 the Trustees of the Roman Catholic Archdiocese of 10 Brisbane) 11 Schedule 1-- 12 insert-- 13 `Freehold Title Churchill Brassall Lot 1 on 1 acre Henry Brun reference RP8351 and James 10052141 Shea as trustees under Nomination of Trustees No. 20733'. Part 15 Amendment of Security 14 Providers Act 1993 15 Clause 85 Act amended 16 This part amends the Security Providers Act 1993. 17 Page 43

Criminal and Other Legislation Amendment Bill 2011 Part 15 Amendment of Security Providers Act 1993 [s 86] Clause 86 Insertion of new pt 2, div 5, sdiv 1, hdg 1 Part 2, division 5, after heading-- 2 insert-- 3 `Subdivision 1 Renewal of unrestricted licences'. 4 Clause 87 Insertion of new pt 2, div 5, sdiv 2, hdg 5 Part 2, division 5, before section 21-- 6 insert-- 7 `Subdivision 2 Suspending, cancelling or refusing 8 to renew licence'. 9 Clause 88 Amendment of s 21 (Grounds for suspension, 10 cancellation or refusal to renew) 11 Section 21, heading-- 12 omit, insert-- 13 `21 Grounds for deciding'. 14 Clause 89 Amendment, renumbering and relocation of s 21A 15 (Approved security industry association must give notice 16 of persons whose membership of the association ends) 17 (1) Section 21A, heading, `persons'-- 18 omit, insert-- 19 `security firm'. 20 (2) Section 21A(a), `person'-- 21 omit, insert-- 22 `security firm'. 23 (3) Section 21A-- 24 renumber and relocate, in part 2, division 5, subdivision 5 as 25 inserted under this Act, as section 25F. 26 Page 44

Criminal and Other Legislation Amendment Bill 2011 Part 15 Amendment of Security Providers Act 1993 [s 90] Clause 90 Amendment of s 22 (Procedure for suspension, 1 cancellation or refusal to renew) 2 Section 22, heading-- 3 omit, insert-- 4 `22 Procedure for deciding'. 5 Clause 91 Insertion of new pt 2, div 5, sdiv 3, hdg 6 Part 2, division 5, before section 25-- 7 insert-- 8 `Subdivision 3 Replacement licences'. 9 Clause 92 Insertion of new pt 2, div 5, sdiv 4, hdg 10 Part 2, division 5, before section 25A-- 11 insert-- 12 `Subdivision 4 Production of licences'. 13 Clause 93 Insertion of new pt 2, div 5, sdiv 5, hdg 14 Part 2, division 5, before section 25B-- 15 insert-- 16 `Subdivision 5 Approval, or withdrawal of approval, 17 of security industry association and 18 duty of approved security industry 19 association'. 20 Clause 94 Amendment of s 25B (Approval of security industry 21 associations) 22 (1) Section 25B, heading, after `Approval'-- 23 insert-- 24 `, or withdrawal of approval,'. 25 Page 45

Criminal and Other Legislation Amendment Bill 2011 Part 15 Amendment of Security Providers Act 1993 [s 95] (2) Section 25B(b), before `withdraw'-- 1 insert-- 2 `subject to sections 25C and 25D,'. 3 (3) Section 25B-- 4 insert-- 5 `(2) The chief executive may decide to impose a condition (an 6 approval condition) on the approval at either or both of the 7 following times-- 8 (a) when the approval is granted (an initial approval 9 condition); 10 (b) while the approval is in force. 11 `(3) However, the chief executive may make the decision only if-- 12 (a) for an initial approval condition--the chief executive is 13 reasonably satisfied it is necessary to ensure the 14 association complies with the requirements; or 15 (b) for another approval condition--the chief executive-- 16 (i) considers there are reasonable grounds for 17 withdrawing the approval because the association 18 no longer complies with the requirements; and 19 (ii) is reasonably satisfied the condition is necessary to 20 ensure the association complies with the 21 requirements. 22 `(4) The association must comply with the approval condition.'. 23 Clause 95 Insertion of new ss 25C-25E 24 After section 25B-- 25 insert-- 26 `25C Grounds for withdrawing approval 27 `Either of the following is a ground for withdrawing a security 28 industry association's approval under section 25B(1)(a)-- 29 Page 46

Criminal and Other Legislation Amendment Bill 2011 Part 15 Amendment of Security Providers Act 1993 [s 95] (a) it has failed to comply with an approval condition on the 1 approval; or 2 (b) it has failed to comply with a requirement mentioned in 3 section 25B(1). 4 `25D Procedure for withdrawing approval or imposing 5 approval condition other than initial approval 6 condition 7 `(1) This section applies if the chief executive considers that 8 reasonable grounds exist to do either of the following (the 9 proposed action) under section 25B-- 10 (a) withdraw a security industry association's approval; 11 (b) impose an approval condition, other than an initial 12 approval condition. 13 `(2) Before making the decision, the chief executive must give the 14 association a written notice (the show cause notice) that-- 15 (a) states the proposed action; and 16 (b) states the grounds for the proposed action; and 17 (c) outlines the facts and circumstances that form the basis 18 for the chief executive's belief; and 19 (d) invites the association to show cause within a stated 20 period of at least 28 days why the proposed action 21 should not be taken. 22 `(3) If, after considering all representations made within the stated 23 period, the chief executive still believes that grounds to take 24 the proposed action exist, the chief executive may take that 25 action. 26 `25E Notice of decisions 27 `(1) This section applies if the chief executive makes a decision 28 under this subdivision about a security industry association. 29 `(2) The chief executive must give the association written notice of 30 the decision. 31 Page 47

Criminal and Other Legislation Amendment Bill 2011 Part 15 Amendment of Security Providers Act 1993 [s 96] `(3) Also, if the decision is to do any of the following, the notice 1 must include, or be accompanied by, a QCAT information 2 notice for the decision-- 3 (a) to refuse to approve; 4 (b) to withdraw an approval; 5 (c) to impose an approval condition.'. 6 Clause 96 Replacement of pt 2, div 6 (Review of licence decisions) 7 Part 2, division 6-- 8 omit, insert-- 9 `Division 6 Review of particular decisions 10 `26 Review by QCAT of decisions under divs 1-5 11 `(1) A relevant person may, as provided under the QCAT Act, 12 apply to QCAT for a review of a decision under divisions 1 to 13 5. 14 `(2) In this section-- 15 approval means an approval under section 25B. 16 decision includes-- 17 (a) a decision to take any action that may or must be taken 18 under division 1 to 5; and 19 (b) for a licence application--to grant a licence other than 20 the one applied for. 21 relevant person means-- 22 (a) for an application--the applicant; or 23 (b) for a decision about an approval--the relevant security 24 industry association; or 25 (c) for a licence--the licence holder or, if it has been 26 cancelled, the former licence holder.'. 27 Page 48

Criminal and Other Legislation Amendment Bill 2011 Part 16 Minor and consequential amendments [s 97] Clause 97 Amendment of sch 2 (Dictionary) 1 Schedule 2-- 2 insert-- 3 `approval condition see section 25B(2). 4 initial approval condition see section 25B(2)(a).'. 5 Part 16 Minor and consequential 6 amendments 7 Clause 98 Acts amended 8 The schedule amends the Acts it mentions. 9 Page 49

Criminal and Other Legislation Amendment Bill 2011 Schedule Schedule Other minor and consequential 1 amendments 2 section 98 3 Child Protection (Offender Reporting) Act 2004 4 1 Schedule 2, item 1(a)-- 5 insert-- 6 `� section 218B (Grooming children under 16)'. 7 Commission for Children and Young People and Child 8 Guardian Act 2000 9 2 Schedule 2, item 4-- 10 insert-- 11 `218B Grooming children under 16'. 3 Schedule 2, item 5-- 12 insert-- 13 `9D Trafficking in relevant substances or things'. Page 50

Criminal and Other Legislation Amendment Bill 2011 Schedule 4 Schedule 3-- 1 insert-- 2 `218A(1)(b) Using internet etc. as the provision was in force from time to procure children to time before its repeal by the Criminal under 16 and Other Legislation Amendment Act 2011'. 5 Schedule 4, item 4-- 3 insert-- 4 `218B Grooming children under 16'. 6 Schedule 5-- 5 insert-- 6 `218A(1)(b) Using internet etc. as the provision was in force from time to procure children to time before its repeal by the Criminal under 16 and Other Legislation Amendment Act 2011'. 7 Schedule 6, item 4-- 7 insert-- 8 `218B Grooming children under 16'. Page 51

Criminal and Other Legislation Amendment Bill 2011 Schedule Corrective Services Act 2006 1 8 Schedule 1, entry for Criminal Code-- 2 insert-- 3 `section 218B (Grooming children under 16)'. 4 Criminal Organisation Act 2009 5 9 Schedule 1-- 6 insert-- 7 `218B Grooming children under 16'. Disability Services Act 2006 8 10 Schedule 3, item 4-- 9 insert-- 10 `218B Grooming children under 16'. 11 Schedule 3, item 5-- 11 insert-- 12 `9D Trafficking in relevant substances or things'. Page 52

Criminal and Other Legislation Amendment Bill 2011 Schedule 12 Schedule 4, entry for Criminal Code-- 1 insert-- 2 `218A(1)(b) Using internet etc. as the provision was in force from time to procure children to time before its repeal by the Criminal under 16 and Other Legislation Amendment Act 2011'. 13 Schedule 5, item 4-- 3 insert-- 4 `218B Grooming children under 16'. 14 Schedule 6, entry for Criminal Code-- 5 insert-- 6 `218A(1)(b) Using internet etc. as the provision was in force from time to procure children to time before its repeal by the Criminal under 16 and Other Legislation Amendment Act 2011'. 15 Schedule 6A, item 4-- 7 insert-- 8 `218B Grooming children under 16'. Liquor Act 1992 9 16 Section 173Y(2)(b), `interim'-- 10 omit. 11 Page 53

Criminal and Other Legislation Amendment Bill 2011 Schedule Police Powers and Responsibilities Act 2000 1 17 Section 379(1)(c), `or 8'-- 2 omit, insert-- 3 `, 8 or 9D'. 4 18 Schedule 2, section 4-- 5 insert-- 6 `� section 218B (Grooming children under 16)'. 7 19 Schedule 6, definition animal welfare offence, item 1(b), 8 after `section'-- 9 insert-- 10 `242 or'. 11 Private Employment Agents Act 2005 12 20 Section 39(3), definition offence of a sexual nature, after 13 `218A'-- 14 insert-- 15 `, 218B'. 16 Page 54

Criminal and Other Legislation Amendment Bill 2011 Schedule Prostitution Act 1999 1 21 Schedule 4, definition disqualifying offence, paragraph 2 (a)(ii), after `5'-- 3 insert-- 4 `or 9D'. 5 Transport Operations (Passenger Transport) Act 1994 6 22 Schedule 1A, part 1, division 1-- 7 insert-- 8 `7A section 218B (Grooming children under 16)'. 9 � State of Queensland 2011 Page 55

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