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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Counter-Terrorism and Other
Legislation Amendment Bill
2015
Queensland
Counter-Terrorism and Other Legislation
Amendment Bill 2015
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Fire and Emergency Services Act 1990
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 3 Amendment of Police Service Administration Act 1990
5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Insertion of new ss 9.7 and 9.8 . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9.7 Protection from liability of commissioners for police service
reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9.8 Other protection from liability for a review . . . . . . . . . 5
7 Insertion of new pt 11, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Division 8 Transitional provision for Counter-Terrorism
and Other Legislation Amendment Act 2015
11.16 Approved agency and law enforcement agency during
interim period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 4 Amendment of Public Safety Preservation Act 1986
8 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Insertion of new s 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3A Extraterritorial application of Act. . . . . . . . . . . . . . . . . 7
Part 5 Amendment of Terrorism (Preventative Detention) Act 2005
10 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Replacement of s 6 (Extraterritoriality of terrorist act no barrier) . 9
6 Extraterritorial application of Act. . . . . . . . . . . . . . . . . 9
12 Amendment of s 41 (Power to enter premises) . . . . . . . . . . . . . . 9
13 Amendment of s 83 (Sunset provision) . . . . . . . . . . . . . . . . . . . . 10
Counter-Terrorism and Other Legislation Amendment Bill 2015
Contents
14 Insertion of new s 83A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
83A Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 6 Amendment of Weapons Act 1990
15 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
16 Amendment of s 2 (Application of Act) . . . . . . . . . . . . . . . . . . . . . 11
17 Insertion of new pt 8, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 6 Transitional provision for Counter-Terrorism
and Other Legislation Amendment Act 2015
192 Declaration about officers of Customs during interim period
12
Page 2
2015
A Bill
for
An Act to amend the Fire and Emergency Services Act 1990,
the Police Service Administration Act 1990, the Public Safety
Preservation Act 1986, the Terrorism (Preventative Detention)
Act 2005 and the Weapons Act 1990 for particular purposes
Counter-Terrorism and Other Legislation Amendment Bill 2015
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 Counter-Terrorism and Other 4
Legislation Amendment Act 2015. 5
Clause 2 Commencement 6
Section 6 commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Fire and 8
Emergency Services Act 1990 9
Clause 3 Act amended 10
This part amends the Fire and Emergency Services Act 1990. 11
Clause 4 Amendment of sch 6 (Dictionary) 12
Schedule 6, definition occupier-- 13
omit, insert-- 14
occupier, of premises, means-- 15
(a) the owner, lessee or person apparently in 16
charge of the premises; or 17
(b) a person who has the care, management or 18
supervision of the premises or who is 19
conducting a business at the premises. 20
Page 4
Counter-Terrorism and Other Legislation Amendment Bill 2015
Part 3 Amendment of Police Service Administration Act 1990
[s 5]
Part 3 Amendment of Police Service 1
Administration Act 1990 2
Clause 5 Act amended 3
This part amends the Police Service Administration Act 1990. 4
Clause 6 Insertion of new ss 9.7 and 9.8 5
After section 9.6-- 6
insert-- 7
9.7 Protection from liability of commissioners for 8
police service reviews 9
(1) This section applies to each of the following (a 10
protected person)-- 11
(a) a commissioner for police service reviews; 12
(b) a person acting at the direction of a 13
commissioner for police service reviews. 14
(2) A protected person is not liable to an action, suit 15
or proceeding for an act done or omitted to be 16
done by the person in good faith and without 17
negligence in the exercise or purported exercise 18
of a function or power conferred by this part. 19
9.8 Other protection from liability for a review 20
(1) A person does not incur civil liability for 21
engaging, or for the result of engaging, in any of 22
the following conduct in good faith and without 23
negligence-- 24
(a) applying for or otherwise being involved in 25
a review of a decision under this part; 26
(b) giving oral, written or other matter to a 27
commissioner for police service reviews, or 28
a person acting at the direction of a 29
Page 5
Counter-Terrorism and Other Legislation Amendment Bill 2015
Part 3 Amendment of Police Service Administration Act 1990
[s 7]
commissioner for police service reviews, for 1
a review of a decision under this part. 2
(2) In this section-- 3
civil claim, in relation to conduct or the result of 4
engaging in conduct-- 5
(a) means a claim based in tort, contract or 6
another form of action in relation to the 7
conduct or result, including, for example, 8
breach of statutory duty or defamation; and 9
(b) for a fatal injury, includes a claim for the 10
deceased's dependants or estate. 11
civil liability, in relation to a person, means 12
liability of any type for the payment of an amount 13
by the person because of a civil claim. 14
Clause 7 Insertion of new pt 11, div 8 15
Part 11-- 16
insert-- 17
Division 8 Transitional provision for 18
Counter-Terrorism and 19
Other Legislation 20
Amendment Act 2015 21
11.16 Approved agency and law enforcement 22
agency during interim period 23
(1) The immigration and border protection 24
department is taken, during the interim period, to 25
have been-- 26
(a) an approved agency under part 10, division 27
1A; and 28
(b) a law enforcement agency under part 10, 29
division 1A. 30
(2) In this section-- 31
Page 6
Counter-Terrorism and Other Legislation Amendment Bill 2015
Part 4 Amendment of Public Safety Preservation Act 1986
[s 8]
immigration and border protection department 1
means the Commonwealth department in which 2
the following laws are administered-- 3
(a) the Australian Border Force Act 2015 4
(Cwlth); 5
(b) the Customs Act 1901 (Cwlth), other than 6
parts XVB and XVC; 7
(c) the Migration Act 1958 (Cwlth). 8
interim period means the period starting on 1 9
July 2015 and ending on the commencement of 10
the Police Legislation Amendment Regulation 11
(No. 1) 2015. 12
Part 4 Amendment of Public Safety 13
Preservation Act 1986 14
Clause 8 Act amended 15
This part amends the Public Safety Preservation Act 1986. 16
Clause 9 Insertion of new s 3A 17
After section 3-- 18
insert-- 19
3A Extraterritorial application of Act 20
(1) This Act applies both within and outside 21
Queensland. 22
(2) This Act applies outside Queensland to the full 23
extent of the extraterritorial legislative power of 24
the Parliament. 25
(3) A commissioned officer may make a declaration 26
under section 5 that an emergency situation 27
Page 7
Counter-Terrorism and Other Legislation Amendment Bill 2015
Part 4 Amendment of Public Safety Preservation Act 1986
[s 9]
exists, in respect of an area within or outside 1
Queensland, if the officer is satisfied on 2
reasonable grounds that an emergency situation 3
has arisen or is likely to arise in Queensland. 4
(4) The commissioner or deputy commissioner may, 5
under section 8A-- 6
(a) appoint a police officer to be a terrorist 7
emergency commander if the commissioner 8
or deputy commissioner is satisfied on 9
reasonable grounds that-- 10
(i) an emergency situation has arisen or is 11
likely to arise in Queensland; and 12
(ii) the emergency situation results from or 13
may result from, or may lead to, 1 or 14
more terrorist acts at 1 or more terrorist 15
emergency sites within or outside 16
Queensland; or 17
(b) appoint a terrorist emergency forward 18
commander for a terrorist emergency site 19
within or outside Queensland. 20
(5) A power relating to an emergency situation, 21
terrorist emergency or CBR emergency may be 22
exercised in relation to an entity, place or thing 23
within or outside Queensland. 24
(6) A declaration under section 8G of an area 25
surrounding a moving activity-- 26
(a) may be made even if the area is outside 27
Queensland at the time of the declaration; 28
and 29
(b) is not affected if the area moves outside 30
Queensland while the declaration is in 31
effect. 32
(7) Subsections (3) to (6) do not limit subsection (2). 33
Page 8
Counter-Terrorism and Other Legislation Amendment Bill 2015
Part 5 Amendment of Terrorism (Preventative Detention) Act 2005
[s 10]
Part 5 Amendment of Terrorism 1
(Preventative Detention) Act 2
2005 3
Clause 10 Act amended 4
This part amends the Terrorism (Preventative Detention) Act 5
2005. 6
Clause 11 Replacement of s 6 (Extraterritoriality of terrorist act no 7
barrier) 8
Section 6-- 9
omit, insert-- 10
6 Extraterritorial application of Act 11
(1) This Act applies-- 12
(a) within Queensland; and 13
(b) in the adjacent area for Queensland. 14
(2) The powers and functions conferred under this 15
Act in relation to a terrorist act or suspected 16
terrorist act may be exercised whether the 17
terrorist act or suspected terrorist act has been, is 18
being, or is likely to be committed in Queensland 19
or outside Queensland. 20
(3) In this section-- 21
adjacent area, for Queensland, has the meaning 22
given under the Crimes at Sea Act 2001, 23
schedule, clause 14. 24
Clause 12 Amendment of s 41 (Power to enter premises) 25
(1) Section 41(2), 'house'-- 26
omit. 27
(2) Section 41(3)-- 28
Page 9
Counter-Terrorism and Other Legislation Amendment Bill 2015
Part 5 Amendment of Terrorism (Preventative Detention) Act 2005
[s 13]
omit, insert-- 1
(3) In this section-- 2
boat see the Police Powers and Responsibilities 3
Act 2000, schedule 6. 4
dwelling-- 5
(a) includes a vehicle, or a room in a hotel, 6
motel, boarding house or club, in which 7
people ordinarily retire for the night; but 8
(b) for a dwelling that is a boat--does not 9
include an external deck of the boat. 10
premises see the Police Powers and 11
Responsibilities Act 2000, schedule 6. 12
Clause 13 Amendment of s 83 (Sunset provision) 13
Section 83(1), '10'-- 14
omit, insert-- 15
20 16
Clause 14 Insertion of new s 83A 17
After section 83-- 18
insert-- 19
83A Review of Act 20
The Minister must-- 21
(a) within 4 years after the commencement, 22
start a review of the need for, and 23
effectiveness of, this Act; and 24
(b) within 5 years after the commencement-- 25
(i) cause a report to be prepared on the 26
outcome of the review; and 27
(ii) table the report in the Legislative 28
Assembly. 29
Page 10
Counter-Terrorism and Other Legislation Amendment Bill 2015
Part 6 Amendment of Weapons Act 1990
[s 15]
Part 6 Amendment of Weapons Act 1
1990 2
Clause 15 Act amended 3
This part amends the Weapons Act 1990. 4
Clause 16 Amendment of s 2 (Application of Act) 5
(1) Section 2(1)(c)-- 6
omit, insert-- 7
(c) who is an officer of Customs in the 8
Australian Border Force in relation to the 9
person's possession or use of a weapon 10
when performing the duties of an officer; or 11
(2) Section 2(9)-- 12
insert-- 13
Australian Border Force see the Australian 14
Border Force Act 2015 (Cwlth), section 4(1). 15
officer of Customs see the Customs Act 1901 16
(Cwlth), section 4(1). 17
Clause 17 Insertion of new pt 8, div 6 18
Part 8-- 19
insert-- 20
Page 11
Counter-Terrorism and Other Legislation Amendment Bill 2015
Part 6 Amendment of Weapons Act 1990
[s 17]
Division 6 Transitional provision for 1
Counter-Terrorism and 2
Other Legislation 3
Amendment Act 2015 4
192 Declaration about officers of Customs during 5
interim period 6
(1) This section applies to a person who was an 7
officer of Customs in the Australian Border Force 8
during the interim period or a part of the interim 9
period. 10
(2) This Act is taken not to have applied to the 11
person in relation to the person's possession or 12
use of a weapon when performing the duties of 13
an officer during the interim period or the part of 14
the interim period. 15
(3) In this section-- 16
Australian Border Force see the Australian 17
Border Force Act 2015 (Cwlth), section 4(1). 18
interim period means the period starting on 1 19
July 2015 and ending on the commencement. 20
officer of Customs see the Customs Act 1901 21
(Cwlth), section 4(1). 22
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 12
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