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This is a Bill, not an Act. For current law, see the Acts databases.


CRIMINAL CODE AND CIVIL LIABILITY AMENDMENT BILL 2007

          Queensland



Criminal Code and Civil
Liability Amendment Bill 2007

 


 

 

Queensland Criminal Code and Civil Liability Amendment Bill 2007 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Criminal Code 3 Code amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 328A (Dangerous operation of a vehicle) . . . . . 4 5 Amendment of s 408D (Computer hacking and misuse) . . . . . . . 6 6 Insertion of new s 408D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 408D Obtaining or dealing with identification information . . 6 Part 3 Amendment of Civil Liability Act 2003 7 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Amendment of s 5 (Civil liability excluded from Act). . . . . . . . . . . 8 9 Insertion of new ch 5, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Part 5 Transitional provision for Criminal Code and Civil Liability Amendment Act 2007 83 Personal injury to which the amended s 5 extends as a result of the amendment. . . . . . . . . . . . . . . . . . . 9

 


 

 

2007 A Bill for An Act to amend the Criminal Code and the Civil Liability Act 2003

 


 

s1 4 s4 Criminal Code and Civil Liability Amendment Bill 2007 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Criminal Code and Civil 4 Liability Amendment Act 2007. 5 Clause 2 Commencement 6 Part 3 is taken to have commenced on 6 November 2006. 7 Part 2 Amendment of Criminal Code 8 Clause 3 Code amended in pt 2 9 This part amends the Criminal Code. 10 Clause 4 Amendment of s 328A (Dangerous operation of a vehicle) 11 (1) Section 328A(2)(b)-- 12 renumber as section 328A(2)(c). 13 (2) Section 328A(2)-- 14 insert-- 15 `(b) at the time of committing the offence is excessively 16 speeding or taking part in an unlawful race or unlawful 17 speed trial; or'. 18 (3) Section 328A(4), from `liable upon conviction', first 19 mention-- 20 omit, insert-- 21

 


 

s4 5 s4 Criminal Code and Civil Liability Amendment Bill 2007 `liable on conviction on indictment-- 1 (a) to imprisonment for 10 years, if neither paragraph (b) 2 nor (c) applies; or 3 (b) to imprisonment for 14 years if, at the time of 4 committing the offence, the offender is-- 5 (i) adversely affected by an intoxicating substance; or 6 (ii) excessively speeding; or 7 (iii) taking part in an unlawful race or unlawful speed 8 trial; or 9 (c) to imprisonment for 14 years, if the offender knows, or 10 ought reasonably know, the other person has been killed 11 or injured, and the offender leaves the scene of the 12 incident, other than to obtain medical or other help for 13 the other person, before a police officer arrives.'. 14 (4) Section 328A(5), definitions high alcohol limit and place-- 15 omit. 16 (5) Section 328A(5)-- 17 insert-- 18 `excessively speeding means driving or operating a vehicle at 19 a speed more than 40km/h over the speed limit applying to the 20 driver under the Transport Operations (Road Use 21 Management) Act 1995. 22 place does not include a place being lawfully used to race or 23 test vehicles under a licence or another authority under an Act 24 and from which other traffic is excluded at the time. 25 unlawful race means a race involving a vehicle in 26 contravention of the Transport Operations (Road Use 27 Management) Act 1995, section 85. 28 unlawful speed trial mean a trial of the speed of a vehicle in 29 contravention of the Transport Operations (Road Use 30 Management) Act 1995, section 85.'. 31 (6) Section 328A(5) and (6)-- 32 relocate and renumber as section 328A(6) and (5) 33 respectively. 34

 


 

s5 6 s6 Criminal Code and Civil Liability Amendment Bill 2007 Clause 5 Amendment of s 408D (Computer hacking and misuse) 1 Section 408D-- 2 renumber as section 408E. 3 Clause 6 Insertion of new s 408D 4 After section 408C-- 5 insert-- 6 `408D Obtaining or dealing with identification information 7 `(1) A person who obtains or deals with another entity's 8 identification information for the purpose of committing, or 9 facilitating the commission of, an indictable offence commits 10 a misdemeanour. 11 Maximum penalty--3 years imprisonment. 12 `(2) For subsection (1), it is immaterial whether the other entity is 13 alive or dead, or exists or does not exist, or consents or does 14 not consent to the obtaining or dealing. 15 `(3) When a court is sentencing a person for an offence against 16 subsection (1), the court may order that the court's certificate 17 be issued to the other entity stating the offence, the entity's 18 name and anything else the court considers relevant for the 19 entity's benefit. 20 `(4) The order may be made on the court's own initiative or on 21 application by the entity or the prosecutor. 22 `(5) If the person is sentenced on a plea of guilty, the certificate 23 may be given to the entity immediately. 24 `(6) If subsection (5) does not apply, the certificate must not be 25 given to the entity until the later of the following-- 26 (a) the end of any period allowed for appeal against 27 conviction; 28 (b) if an appeal is started--the end of any proceedings on 29 the appeal. 30 `(7) In this section-- 31

 


 

s6 7 s6 Criminal Code and Civil Liability Amendment Bill 2007 dealing, with identification information, includes supplying 1 or using the information. 2 digital signature means encrypted electronic or computer data 3 intended for the exclusive use of a particular person as a 4 means of identifying himself or herself as the sender of an 5 electronic communication. 6 identification information, of another entity, means 7 information about, or identifying particulars of, the entity that 8 is capable of being used, whether alone or in conjunction with 9 other information, to identify or purportedly identify the 10 entity. 11 Examples for an entity that is an individual-- 12 information about the individual or the individual's relatives 13 including name, address, date of birth, marital status and similar 14 information 15 the individual's driver licence or driver licence number 16 the individual's passport or passport number 17 anything commonly used by an individual to identify himself or 18 herself, including a digital signature 19 the individual's financial account numbers, user names and 20 passwords 21 a series of numbers or letters (or a combination of both) intended 22 for use as a means of personal identification 23 any data stored or encrypted on the individual's credit or debit card 24 biometric data relating to the individual 25 the individual's voice print 26 a false driver licence or other false form of identification for a 27 fictitious individual 28 Examples for an entity that is a body corporate-- 29 the body corporate's name 30 the body corporate's ABN 31 the body corporate's financial account numbers 32 any data stored or encrypted on a credit or debit card issued to the 33 body corporate 34 obtaining, identification information, includes possessing or 35 making the information.'. 36

 


 

s7 8 s8 Criminal Code and Civil Liability Amendment Bill 2007 Part 3 Amendment of Civil Liability 1 Act 2003 2 Clause 7 Act amended in pt 3 3 This part amends the Civil Liability Act 2003. 4 Clause 8 Amendment of s 5 (Civil liability excluded from Act) 5 (1) Section 5, from `any civil claim' to `claimant'-- 6 omit, insert-- 7 `deciding liability or awards of damages for personal injury if 8 the harm resulting from the breach of duty'. 9 (2) Section 5(a) and (b), `as defined'-- 10 omit, insert-- 11 `for which compensation is payable'. 12 (3) Section 5-- 13 insert-- 14 `(2) For subsection (1)(a) or (b), the following is immaterial-- 15 (a) whether compensation for the injury is actually claimed 16 under the relevant Workers' Compensation Act; 17 (b) whether the entitlement to seek damages for the injury is 18 regulated under that Act. 19 `(3) To remove any doubt, it is declared that a breach of duty 20 mentioned in subsection (1) includes a breach of duty giving 21 rise to a dependency claim. 22 `(4) In this section-- 23 compensation for injury, under a relevant Workers' 24 Compensation Act, includes payment of-- 25 (a) reasonable expenses for medical treatment or 26 attendance; and 27 (b) funeral expenses. 28

 


 

s9 9 s9 Criminal Code and Civil Liability Amendment Bill 2007 relevant Workers' Compensation Act means-- 1 (a) for compensation, or an entitlement to seek damages, 2 for an injury mentioned in subsection (1)(a)--the 3 WorkCover Queensland Act 1996; or 4 (b) for compensation, or an entitlement to seek damages, 5 for an injury mentioned in subsection (1)(b)--the 6 Workers' Compensation and Rehabilitation Act 2003.'. 7 Clause 9 Insertion of new ch 5, pt 5 8 After section 82-- 9 insert-- 10 `Part 5 Transitional provision for 11 Criminal Code and Civil 12 Liability Amendment Act 2007 13 `83 Personal injury to which the amended s 5 extends 14 as a result of the amendment 15 `(1) It is declared that section 5, to the extent it is amended by the 16 amending Act, has effect to disapply this Act to a decision in 17 relation to personal injury only if the personal injury, or any 18 part of it, is or was caused on or after 6 November 2006. 19 `(2) However, section 5, to the extent it is amended by the 20 amending Act, does not have effect to disapply this Act to a 21 decision in relation to personal injury if, before the date of 22 assent of the amending Act-- 23 (a) the parties have entered into an agreement to pay 24 damages for the personal injury; or 25 (b) the trial in relation to the personal injury has started but 26 final relief has not been granted by the court; or 27 (c) final relief in relation to the personal injury has been 28 granted by a court. 29 `(3) Section 5, as in force before 6 November 2006, continues to 30 apply in relation to a decision mentioned in subsection (2). 31

 


 

s9 10 s9 Criminal Code and Civil Liability Amendment Bill 2007 `(4) In this section-- 1 amending Act means the Criminal Code and Civil Liability 2 Amendment Act 2007. 3 final relief, in relation to personal injury, means the judgment 4 or decision for the civil claim in relation to the personal injury, 5 including the judgment or decision about liability only, 6 whether or not an appeal has been made against the judgment 7 or decision.'. 8 State of Queensland 2007

 


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