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CRIMINAL CODE AND OTHER ACTS AMENDMENT BILL 2008

          Queensland



Criminal Code and Other Acts
Amendment Bill 2008

 


 

 

Queensland Criminal Code and Other Acts Amendment Bill 2008 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 2 Amendment of Criminal Code 3 Act amended by pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Amendment of s 1 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 10 5 Amendment of s 31 (Justification and excuse--compulsion) . . . . 11 6 Omission of ss 47-49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7 Amendment of s 54 (Interference with Governor or Ministers). . . 11 8 Amendment of s 54A (Demands with menaces upon agencies of government) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 9 Amendment of s 55 (Interference with the Legislature) . . . . . . . . 12 10 Amendment of ch 9 heading . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 11 Replacement of ss 61-66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 61 Riot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 Amendment of s 70 (Forcible entry) . . . . . . . . . . . . . . . . . . . . . . . 13 13 Amendment of s 71 (Forcible detainer) . . . . . . . . . . . . . . . . . . . . 14 14 Amendment of s 72 (Affray) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Omission of s 73 (Challenge to fight a duel) . . . . . . . . . . . . . . . . 15 16 Omission of s 77 (Unlawful processions) . . . . . . . . . . . . . . . . . . . 15 17 Replacement of ch 11 (Piracy) . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Chapter 11 Piracy 79 Definition of act of piracy . . . . . . . . . . . . . . . . . . . . . . 15 80 Crime of piracy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 18 Amendment of pt 3 hdg (Offences against the administration of law and justice and against public authority) . . . . . . . . . . . . . . . . 16

 


 

Criminal Code and Other Acts Amendment Bill 2008 Contents 19 Replacement of s 97 (Personating public officers) . . . . . . . . . . . . 16 97 Personating public officers . . . . . . . . . . . . . . . . . . . . . 17 20 Amendment of s 98 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 17 21 Amendment of s 98B (False or misleading information). . . . . . . . 17 22 Replacement of ss 99-106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 99 Voting if not entitled . . . . . . . . . . . . . . . . . . . . . . . . . . 18 100 Hindering or interfering with voting conduct . . . . . . . . 18 101 Bribery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 102 Publishing false information about a candidate . . . . . 20 103 Providing money for illegal payments . . . . . . . . . . . . . 20 104 Election notices to contain particular matters. . . . . . . 20 23 Amendment of s 107 (Corrupt and illegal practices--time) . . . . . 21 24 Replacement of s 108 (Interference at elections). . . . . . . . . . . . . 21 108 Interfering at elections . . . . . . . . . . . . . . . . . . . . . . . . 21 25 Amendment of s 109 (Electors attempting to violate secrecy of ballot) .......................................... 21 26 Replacement of ss 110-117. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 110 Stuffing ballot boxes . . . . . . . . . . . . . . . . . . . . . . . . . . 22 111 Presiding officer helping an elector with a disability . . 22 112 False or misleading information . . . . . . . . . . . . . . . . . 22 113 Interfering with secrecy at elections . . . . . . . . . . . . . . 23 114 Breaking the seal of a parcel at elections. . . . . . . . . . 23 27 Replacement of s 129 (Destroying evidence). . . . . . . . . . . . . . . . 24 129 Damaging evidence with intent. . . . . . . . . . . . . . . . . . 24 28 Amendment of s 130 (Preventing witnesses from attending) . . . . 24 29 Amendment of s 133 (Compounding crimes). . . . . . . . . . . . . . . . 24 30 Omission of s 134 (Compounding penal actions). . . . . . . . . . . . . 25 31 Omission of s 135 (Advertising a reward for the return of stolen property etc.) .................................. 25 32 Replacement of s 136 (Justices acting oppressively or when interested) ................................... 25 136 Justices exercising jurisdiction in a matter of personal interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 33 Amendment of s 137 (Delay to take person arrested before Magistrate) ...................................... 26 34 Omission of s 138 (Bringing fictitious action on penal statute). . . 26 35 Amendment of s 148 (Obstructing officers of courts of justice) . . 26 Page 2

 


 

Criminal Code and Other Acts Amendment Bill 2008 Contents 36 Replacement of s 193 (False statements in statements required to be under oath or solemn declaration). . . . . . . . . . . . . . . . . . . . 27 193 False verified statements . . . . . . . . . . . . . . . . . . . . . . 27 37 Omission of ss 201-203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 38 Amendment of s 208 (Unlawful sodomy) . . . . . . . . . . . . . . . . . . . 27 39 Omission of s 209 (Attempted sodomy) . . . . . . . . . . . . . . . . . . . . 28 40 Amendment of s 216 (Abuse of intellectually impaired persons) . 28 41 Amendment of s 217 (Procuring young person etc. for carnal knowledge) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 42 Amendment of s 228G (Forfeiture of child exploitation material etc.) ........................................... 29 43 Amendment of s 229B (Maintaining a sexual relationship with a child) .................................... 29 44 Amendment of s 229E (Meaning of prostitution) . . . . . . . . . . . . . 29 45 Omission of s 229F (Meaning of intellectually impaired person) . 30 46 Amendment of s 229G (Procuring prostitution) . . . . . . . . . . . . . . 30 47 Amendment of s 229H (Knowingly participating in provision of prostitution). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 48 Amendment of s 229I (Persons found in places reasonably suspected of being used for prostitution etc.). . . . . . . . . . . . . . . . 30 49 Amendment of s 229K (Having an interest in premises used for the purposes of prostitution etc.) . . . . . . . . . . . . . . . . . . . . . . . . . 30 50 Amendment of s 229L (Permitting young person etc. to be at place used for prostitution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 51 Omission of ch 25 (Miscellaneous offences) . . . . . . . . . . . . . . . . 31 52 Amendment of s 317A (Carrying or sending dangerous goods in a vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 53 Replacement of ss 319 and 319A . . . . . . . . . . . . . . . . . . . . . . . . 32 319 Endangering the safety of a person in a vehicle with intent .............................. 32 54 Replacement of ss 322 and 323. . . . . . . . . . . . . . . . . . . . . . . . . . 32 322 Administering poison with intent to harm . . . . . . . . . . 32 323 Wounding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 55 Amendment of s 326 (Endangering life of children by exposure) . 33 56 Omission of ss 331 and 332. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 57 Amendment of s 333 (Evading laws as to equipment of ships and shipping dangerous goods) . . . . . . . . . . . . . . . . . . . . . . . . . . 33 58 Amendment of s 334 (Landing explosives) . . . . . . . . . . . . . . . . . 34 59 Omission of s 338 (Assaults on persons protecting wrecks) . . . . 34 Page 3

 


 

Criminal Code and Other Acts Amendment Bill 2008 Contents 60 Amendment of s 338A (Assaults of member of crew on aircraft) . 34 61 Amendment of s 340 (Serious assaults) . . . . . . . . . . . . . . . . . . . 34 62 Amendment of s 354A (Kidnapping for ransom) . . . . . . . . . . . . . 35 63 Amendment of s 359 (Threats). . . . . . . . . . . . . . . . . . . . . . . . . . . 36 64 Replacement of s 364 (Cruelty to children under 16). . . . . . . . . . 36 364 Cruelty to children under 16 . . . . . . . . . . . . . . . . . . . . 36 364A Leaving a child under 12 unattended . . . . . . . . . . . . . 37 65 Amendment of s 392 (Special cases). . . . . . . . . . . . . . . . . . . . . . 37 66 Omission of s 397 (Husband and wife). . . . . . . . . . . . . . . . . . . . . 37 67 Amendment of s 398 (Punishment of stealing) . . . . . . . . . . . . . . 37 68 Replacement of ss 399-401. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 399 Fraudulent concealment of particular documents . . . 38 69 Omission of s 405 (Fraudulently dealing with minerals in mines). 39 70 Omission of ss 407 and 408. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 71 Amendment of s 408C (Fraud) . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 72 Omission of s 410 (Loaded arms) . . . . . . . . . . . . . . . . . . . . . . . . 39 73 Replacement of ss 415-417. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 415 Extortion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 74 Omission of s 426 (Unlawful entry of vehicle) . . . . . . . . . . . . . . . 41 75 Omission of ss 430 and 431. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 76 Insertion of new s 432 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 432 What is tainted property for ch 41 . . . . . . . . . . . . . . . 41 77 Amendment of s 433 (Receiving stolen property etc.) . . . . . . . . . 42 78 Replacement of ss 434 and 435. . . . . . . . . . . . . . . . . . . . . . . . . . 42 435 Taking reward for recovery of property obtained by way of indictable offences. . . . . . . . . . . . . . . . . . . . . . 43 79 Omission of ch 42 hdg and ss 436-440 . . . . . . . . . . . . . . . . . . . . 43 80 Relocation of s 441 (Fraudulent falsification of records) 43 81 Relocation of s 442 (False accounting by public officer) . . . . . . . 43 82 Omission of ch 44B (Other offences analogous to stealing punishable on summary conviction) . . . . . . . . . . . . . . . . . . . . . . . 44 83 Omission of s 460 (Damage) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 84 Amendment of s 461 (Arson) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 85 Replacement of s 462 (Attempts to commit arson) . . . . . . . . . . . 44 462 Endangering particular property by fire . . . . . . . . . . . 44 86 Omission of ss 464 to 466 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Page 4

 


 

Criminal Code and Other Acts Amendment Bill 2008 Contents 87 Replacement of ss 467 and 467A . . . . . . . . . . . . . . . . . . . . . . . . 45 467 Endangering the safe use of vehicles and related transport infrastructure . . . . . . . . . . . . . . . . . . . . . . . 45 88 Amendment of s 469 (Wilful damage) . . . . . . . . . . . . . . . . . . . . . 45 89 Amendment of s 470A (Unlawful deposition of explosives) . . . . . 47 90 Replacement of s 471 (Attempts to injure mines) . . . . . . . . . . . . 48 471 Damaging mines . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 91 Omission of s 476 (Removing boundary marks) . . . . . . . . . . . . . 48 92 Amendment of s 488 (Forgery and uttering) . . . . . . . . . . . . . . . . 48 93 Omission of ss 492-497. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 94 Amendment of s 502 (Attempts to procure unauthorised status) . 49 95 Omission of ss 503 and 504. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 96 Omission of ch 50 (Forgery and like offences punishable on summary conviction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 97 Omission of ss 516 and 517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 98 Omission of s 534 (Intimidation of workers and employers) . . . . . 50 99 Replacement of ss 535-537. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 535 Attempts to commit indictable offences . . . . . . . . . . . 50 536 Punishment of attempts to commit indictable offences ............................ 51 100 Amendment of s 538 (Reduction of punishment) . . . . . . . . . . . . . 51 101 Replacement of s 540 (Preparation to commit crimes with explosives etc.). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 540 Preparation to commit crimes with dangerous things. 52 102 Amendment of s 543A (Industrial disputes) . . . . . . . . . . . . . . . . . 52 103 Replacement of ss 544 and 545. . . . . . . . . . . . . . . . . . . . . . . . . . 52 544 Accessories after the fact to offences. . . . . . . . . . . . . 52 545 Punishment of accessories after the fact to offences . 52 104 Amendment of s 552 (Duty of person arresting) . . . . . . . . . . . . . 53 105 Amendment of s 566 (Particular indictments) . . . . . . . . . . . . . . . 53 106 Amendment of s 568 (Cases in which several charges may be joined) .................................. 54 107 Amendment of s 578 (Charge of offence of a sexual nature). . . . 54 108 Amendment of s 590AD (Definitions for ch div 3). . . . . . . . . . . . . 54 109 Insertion of new s 590AFA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 590AFA Meaning of Evidence Act section 93A device statement ......................... 54 Page 5

 


 

Criminal Code and Other Acts Amendment Bill 2008 Contents 110 Amendment of s 590AI (When mandatory disclosure must be made) .......................................... 55 111 Amendment of s 590AK (When requested disclosure must be made) .................................... 55 112 Amendment of s 590AO (Limit on disclosure of sensitive evidence) ...................................... 56 113 Insertion of new s 590AOA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 590AOA Evidence Act section 93A device statement. . . . . . . . 56 114 Replacement of s 590AR (Viewing evidence that is not original evidence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 590AR Viewing evidence that is not original evidence . . . . . . 61 115 Amendment of s 590AS (Viewing original evidence that is not sensitive evidence) ........................... 61 116 Amendment of s 590AV (Disclosure directions) .......... 62 117 Amendment of s 636 (Evidence of blood relationship) . . . . . . . . . 62 118 Amendment of s 641 (Evidence on certain charges of stealing money) .................................. 62 119 Amendment of s 644A (Witness giving incriminating answers) . . 62 120 Insertion of new ch 82 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Chapter 82 Transitional provision for Criminal Code and Other Acts Amendment Act 2008 719 References to particular offences. . . . . . . . . . . . . . . . 63 Part 3 Amendment of Bail Act 1980 121 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 122 Amendment of s 11A (Release of intellectually impaired person) 64 123 Amendment of s 20 (Undertaking as to bail) . . . . . . . . . . . . . . . . 64 124 Amendment of s 30 (Apprehension on variation or revocation of bail) ........................................ 65 Part 4 Amendment of Criminal Law Amendment Act 1945 125 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 126 Amendment of s 18 (Detention of persons incapable of controlling sexual instincts). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 127 Replacement of s 18H (Effect on unconditional release) . . . . . . . 66 18H Effect on unconditional release . . . . . . . . . . . . . . . . . 66 Part 5 Amendment of Criminal Law (Sexual Offences) Act 1978 128 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 129 Amendment of s 6 (Publication at large of complainant's identity prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Page 6

 


 

Criminal Code and Other Acts Amendment Bill 2008 Contents 130 Amendment of s 7 (Publication prematurely of defendant's identity prohibited) ............................... 67 131 Amendment of s 8 (Exempted reports) . . . . . . . . . . . . . . . . . . . . 68 132 Amendment of s 10 (Offences and penalty) . . . . . . . . . . . . . . . . . 69 133 Insertion of new s 10A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 10A Provisions do not affect other laws. . . . . . . . . . . . . . . 70 134 Amendment of s 11 (Authorised purposes) . . . . . . . . . . . . . . . . . 70 Part 6 Amendment of Penalties and Sentences Act 1992 135 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 136 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 71 137 Amendment of s 15E (Meaning of disqualifying offence) . . . . . . . 72 138 Amendment of s 20 (Contravention of order) . . . . . . . . . . . . . . . . 72 139 Amendment of s 146 (Consequences of committing offence during operational period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 140 Amendment of s 146A (Summons or warrant for offender whose sentence of imprisonment has been suspended). . . . . . . . . . . . . 74 141 Amendment of s 147 (Power of court mentioned in s 146) . . . . . 74 142 Amendment of s 160 (Definitions for div 3) . . . . . . . . . . . . . . . . . 74 143 Insertion of new s 216 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 144 Amendment of schedule (Serious violent offences) . . . . . . . . . . . 75 Part 7 Amendment of Summary Offences Act 2005 145 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 146 Insertion of new pt 2, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Division 1A Unlawful assembly offences 10A Unlawful assembly . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 147 Amendment of s 18 (Particular body piercing of minor prohibited) 77 148 Amendment of s 25 (Use of vehicles). . . . . . . . . . . . . . . . . . . . . . 77 149 Insertion of new s 25A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 25A Advertising a reward for the return of stolen property etc. ............................ 78 Part 8 Other Acts amended 150 Acts amended in schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Schedule Other minor and consequential amendments . . . . . . . . . . . . 80 Child Protection (Offender Reporting) Act 2004. . . . . . . . . . . . . . 80 Commission for Children and Young People and Child Guardian Act 2000 ................................. 80 Community Services Act 2007 . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Page 7

 


 

Criminal Code and Other Acts Amendment Bill 2008 Contents Corrective Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Criminal Law Amendment Act 1892 . . . . . . . . . . . . . . . . . . . . . . . 84 Disability Services Act 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 District Court of Queensland Act 1967. . . . . . . . . . . . . . . . . . . . . 86 Drugs Misuse Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Evidence Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Family Services Act 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Juvenile Justice Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 92 Private Employment Agents Act 2005 . . . . . . . . . . . . . . . . . . . . . 94 Prostitution Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Transport Operations (Passenger Transport) Act 1994 . . . . . . . . 96 Transport Operations (Road Use Management) Act 1995 . . . . . . 96 Workers' Compensation and Rehabilitation Act 2003 . . . . . . . . . 97 Page 8

 


 

2008 A Bill for An Act to amend the Criminal Code, the Bail Act 1980, the Criminal Law Amendment Act 1945, the Criminal Law (Sexual Offences) Act 1978, the Penalties and Sentences Act 1992 and the Summary Offences Act 2005 for particular purposes and make particular consequential amendments to other Acts as listed in the schedule

 


 

Criminal Code and Other Acts Amendment Bill 2008 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 Code and Other Acts 4 Amendment Act 2008. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Criminal Code 8 Clause 3 Act amended by pt 2 9 This part amends the Criminal Code. 10 Clause 4 Amendment of s 1 (Definitions) 11 (1) Section 1, definitions disclose and intellectually impaired 12 person-- 13 omit. 14 (2) Section 1-- 15 insert-- 16 `canal includes aqueduct. 17 damage, in relation to a document, includes-- 18 (a) obliterate the document; and 19 Page 10

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 5] (b) make the whole document or part of the document 1 illegible or irrecoverable. 2 detriment, caused to a person, includes detriment caused to a 3 person's property. 4 inland water includes river, canal and reservoir. 5 person with an impairment of the mind means a person with 6 a disability that-- 7 (a) is attributable to an intellectual, psychiatric, cognitive or 8 neurological impairment or a combination of these; and 9 (b) results in-- 10 (i) a substantial reduction of the person's capacity for 11 communication, social interaction or learning; and 12 (ii) the person needing support. 13 port includes harbour and dock.'. 14 (3) Section 1, definition vehicle, paragraph (a), `motor cycle,'-- 15 omit. 16 Clause 5 Amendment of s 31 (Justification and 17 excuse--compulsion) 18 Section 31(2), `, or any of the crimes defined in sections 81(2) 19 and 82'-- 20 omit. 21 Clause 6 Omission of ss 47-49 22 Sections 47 to 49-- 23 omit. 24 Clause 7 Amendment of s 54 (Interference with Governor or 25 Ministers) 26 (1) Section 54(1), `advisedly'-- 27 omit. 28 Page 11

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 8] (2) Section 54(1)(a) and (b), `calculated'-- 1 omit, insert-- 2 `with intention'. 3 Clause 8 Amendment of s 54A (Demands with menaces upon 4 agencies of government) 5 (1) Section 54A(6), definition injury or detriment, paragraph (a), 6 after `;'-- 7 insert-- 8 `or'. 9 (2) Section 54A(1), (2), (3)(b) and (6), definition injury or 10 detriment, `injury or'-- 11 omit. 12 Clause 9 Amendment of s 55 (Interference with the Legislature) 13 (1) Section 55(1), `advisedly'-- 14 omit. 15 (2) Section 55(1), before `interferes'-- 16 insert-- 17 `intentionally'. 18 Clause 10 Amendment of ch 9 heading 19 Chapter 9, heading, `Unlawful assemblies--breaches'-- 20 omit, insert-- 21 `Breaches'. 22 Clause 11 Replacement of ss 61-66 23 Sections 61 to 66-- 24 omit, insert-- 25 Page 12

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 12] `61 Riot 1 `(1) If-- 2 (a) 12 or more persons who are present together (assembled 3 persons) use or threaten to use unlawful violence to a 4 person or property for a common purpose; and 5 (b) the conduct of them taken together would cause a person 6 in the vicinity to reasonably fear for the person's 7 personal safety; 8 each of the assembled persons commits the crime of taking 9 part in a riot. 10 Maximum penalty-- 11 (a) if the offender causes grievous bodily harm to a person, 12 causes an explosive substance to explode or destroys or 13 starts to destroy a building, vehicle or machinery--life 14 imprisonment; or 15 (b) if -- 16 (i) the offender is armed with a dangerous or offensive 17 weapon, instrument or explosive substance; or 18 (ii) property is damaged, whether by the offender or 19 another of the assembled persons--7 years 20 imprisonment; or 21 (c) otherwise--3 years imprisonment. 22 `(2) For subsection (1)(b), it is immaterial whether there is or is 23 likely to be a person in the vicinity who holds the fear 24 mentioned in the subsection. 25 `(3) In this section-- 26 building includes structure. 27 vehicle means a motor vehicle, train, aircraft or vessel.'. 28 Clause 12 Amendment of s 70 (Forcible entry) 29 (1) Section 70(1), `a breach of the peace or' to `a breach of the 30 peace,'-- 31 Page 13

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 13] omit, insert-- 1 `, or cause reasonable fear of, unlawful violence to a person or 2 to property,'. 3 (2) Section 70(1), from `is guilty'-- 4 omit, insert-- 5 `commits a misdemeanour. 6 Maximum penalty--2 years imprisonment.'. 7 Clause 13 Amendment of s 71 (Forcible detainer) 8 (1) Section 71, `a breach of the peace or' to `a breach of the 9 peace,'-- 10 omit, insert-- 11 `, or cause reasonable fear of, unlawful violence to a person or 12 to property,'. 13 (2) Section 71, from `is guilty'-- 14 omit, insert-- 15 `commits a misdemeanour. 16 Maximum penalty--2 years imprisonment.'. 17 Clause 14 Amendment of s 72 (Affray) 18 (1) Section 72, `highway'-- 19 omit, insert-- 20 `place'. 21 (2) Section 72, from `is guilty'-- 22 omit, insert-- 23 `commits a misdemeanour. 24 Maximum penalty--1 year's imprisonment.'. 25 Page 14

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 15] Clause 15 Omission of s 73 (Challenge to fight a duel) 1 Section 73-- 2 omit. 3 Clause 16 Omission of s 77 (Unlawful processions) 4 Section 77-- 5 omit. 6 Clause 17 Replacement of ch 11 (Piracy) 7 Chapter 11-- 8 omit, insert-- 9 `Chapter 11 Piracy 10 `79 Definition of act of piracy 11 `(1) A person does an act of piracy if the person, in relation to a 12 ship travelling at sea, unlawfully-- 13 (a) boards the ship without the master's consent and with 14 intent-- 15 (i) to commit robbery; or 16 (ii) to deal with the ship, a person on the ship or the 17 equipment of the ship in a way that would be likely 18 to endanger the safe use of the ship; or 19 (b) boards the ship without the master's consent and-- 20 (i) commits robbery; or 21 (ii) deals with the ship, a person on the ship or the 22 equipment of the ship in a way that is likely to 23 endanger the safe use of the ship; or 24 (c) steals the ship, or directly or indirectly takes control of 25 the ship without the master's consent, in circumstances 26 that constitute robbery; or 27 Page 15

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 18] (d) having taken possession of the ship in contravention of 1 paragraph (c), retains possession of the ship; or 2 (e) confines the ship's master against his or her will. 3 `(2) A person also does an act of piracy if the person-- 4 (a) trades with or supplies provisions to a pirate when the 5 person knows or ought reasonably to know the person is 6 dealing with a pirate; or 7 (b) builds a ship with the intention that the ship will be used 8 for an act of piracy. 9 `(3) In this section-- 10 builds includes fits out. 11 master means the person having command or charge of the 12 ship and does not include a pilot having the conduct of the 13 ship, but not belonging to the ship. 14 pirate means a person carrying out or intending to carry out an 15 act of piracy. 16 `80 Crime of piracy 17 `A person who does an act of piracy commits a crime. 18 Maximum penalty--life imprisonment.'. 19 Clause 18 Amendment of pt 3 hdg (Offences against the 20 administration of law and justice and against public 21 authority) 22 Part 3, heading, after `justice'-- 23 insert-- 24 `, against office'. 25 Clause 19 Replacement of s 97 (Personating public officers) 26 Section 97-- 27 omit, insert-- 28 Page 16

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 20] `97 Personating public officers 1 `(1) A person who-- 2 (a) personates a public officer on an occasion when the 3 officer is required or authorised to do an act or attend in 4 a place by virtue of the officer's office; or 5 (b) falsely represents himself or herself to be a public 6 officer, and assumes to do an act or to attend in a place 7 for the purpose of doing an act by virtue of being that 8 officer; 9 commits a misdemeanour. 10 Maximum penalty--3 years imprisonment. 11 `(2) A person found committing the offence may be arrested 12 without warrant. 13 `(3) In this section-- 14 office includes appointment and employment.'. 15 Clause 20 Amendment of s 98 (Definitions) 16 Section 98-- 17 insert-- 18 `authorising Act, for an election, means the Act under which 19 the election is held.'. 20 Clause 21 Amendment of s 98B (False or misleading information) 21 Section 98B(3)-- 22 omit. 23 Clause 22 Replacement of ss 99-106 24 Sections 99 to 106-- 25 omit, insert-- 26 Page 17

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 22] `99 Voting if not entitled 1 `(1) A person who votes at an election in the name of another 2 person, including a dead or fictitious person, commits a 3 misdemeanour. 4 Maximum penalty--2 years imprisonment. 5 `(2) A person who votes at an election more often than the person 6 is entitled to vote at the election commits a misdemeanour. 7 Maximum penalty--2 years imprisonment. 8 `(3) A person who casts a vote at an election that the person knows 9 the person is not entitled to cast commits a misdemeanour. 10 Maximum penalty--2 years imprisonment. 11 `(4) A person who procures another person to vote at an election 12 who, to the procurer's knowledge, is not entitled to vote at the 13 election commits a misdemeanour. 14 Maximum penalty--2 years imprisonment. 15 `(5) A person who, at an election for which voting is by post, 16 attests the signature to a voting paper of a person who is, to 17 the first person's knowledge, not entitled to vote at the 18 election by way of the voting paper commits a misdemeanour. 19 Maximum penalty--2 years imprisonment. 20 `100 Hindering or interfering with voting conduct 21 `(1) A person who, in order to hinder or interfere with another 22 person's voting conduct-- 23 (a) acts fraudulently; or 24 (b) uses or threatens to use force against any person; or 25 (c) causes or threatens to cause a detriment to any person; 26 commits a misdemeanour. 27 Maximum penalty--1 year's imprisonment. 28 `(2) A person who causes or threatens to cause a detriment to 29 another person (the affected person) because of the voting 30 Page 18

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 22] conduct of any person (whether or not the affected person) 1 commits a misdemeanour. 2 Maximum penalty--1 year's imprisonment. 3 `(3) In this section-- 4 voting conduct of a person means-- 5 (a) the person's voting or not voting at an election; or 6 (b) the way in which the person votes at an election. 7 `101 Bribery 8 `(1) A person who-- 9 (a) asks for or receives; or 10 (b) offers, or agrees, to ask for or receive; 11 a benefit, whether for the person or for another person, on the 12 understanding that the person's election conduct will be 13 influenced or affected commits a misdemeanour. 14 Maximum penalty--1 year's imprisonment. 15 `(2) A person who, in order to influence or affect the election 16 conduct of another person (the affected person), gives a 17 benefit to any person (whether or not the affected person) 18 commits a misdemeanour. 19 Maximum penalty--1 year's imprisonment. 20 `(3) In this section-- 21 election conduct of a person means-- 22 (a) the person's voting or not voting at an election; or 23 (b) the way in which the person votes at an election; or 24 (c) the person's nominating as a candidate for an election; 25 or 26 (d) the person's support of, or opposition to, a candidate at 27 an election. 28 give includes promise and offer to give. 29 Page 19

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 22] `102 Publishing false information about a candidate 1 `A person who, before or during an election, in order to affect 2 the election result, knowingly publishes false information 3 about-- 4 (a) a candidate's personal character or conduct; or 5 (b) whether a candidate has withdrawn from the election; 6 commits a misdemeanour. 7 Maximum penalty--1 year's imprisonment. 8 `103 Providing money for illegal payments 9 `A person who knowingly provides money-- 10 (a) for a payment that is contrary to this chapter division or 11 the authorising Act for an election; or 12 (b) to replace money that has been spent in making a 13 payment mentioned in paragraph (a); 14 commits an offence. 15 Maximum penalty--10 penalty units. 16 `104 Election notices to contain particular matters 17 `(1) A person who, before or during an election, prints or 18 publishes, or permits another person to print or publish, an 19 election notice for the election that does not state the name 20 and address of the person who authorised the notice commits 21 an offence. 22 Maximum penalty--3 penalty units. 23 `(2) In this section-- 24 address means address other than a post office box. 25 election notice means a notice containing anything able to, or 26 intended to-- 27 (a) influence an elector in relation to voting in an election; 28 or 29 Page 20

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 23] (b) affect the result of an election. 1 notice includes a poster, handbill and pamphlet. 2 publish includes publish on the internet, even if the internet 3 site on which the publication is made is located outside 4 Queensland.'. 5 Clause 23 Amendment of s 107 (Corrupt and illegal practices--time) 6 Section 107(1), `106'-- 7 omit, insert-- 8 `104'. 9 Clause 24 Replacement of s 108 (Interference at elections) 10 Section 108-- 11 omit, insert-- 12 `108 Interfering at elections 13 `A person who wilfully interrupts, obstructs or disturbs a 14 proceeding at an election commits a misdemeanour. 15 Maximum penalty--3 years imprisonment.'. 16 Clause 25 Amendment of s 109 (Electors attempting to violate 17 secrecy of ballot) 18 Section 109, words after paragraph (c)-- 19 omit, insert-- 20 `commits a misdemeanour. 21 Maximum penalty--3 years imprisonment.'. 22 Clause 26 Replacement of ss 110-117 23 Sections 110 to 117-- 24 omit, insert-- 25 Page 21

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 26] `110 Stuffing ballot boxes 1 `A person who wilfully puts in a ballot box a ballot paper that 2 has not been lawfully handed to, and marked by, an elector 3 commits a crime. 4 Maximum penalty--7 years imprisonment. 5 `111 Presiding officer helping an elector with a disability 6 `If-- 7 (a) a presiding officer at an election agrees to help an 8 elector who is blind, or otherwise unable to vote without 9 help, by marking the elector's ballot paper for the 10 elector; and 11 (b) the presiding officer wilfully fails to mark the ballot 12 paper-- 13 (i) in the way requested by the elector; and 14 (ii) in the sight of anyone else lawfully present; 15 the presiding officer commits a misdemeanour. 16 Maximum penalty--3 years imprisonment. 17 `112 False or misleading information 18 `(1) A person (the giver) who gives to another person, under the 19 authorising Act for an election, for a purpose relating to the 20 election, information that the giver knows is false or 21 misleading in a material particular commits a crime. 22 Maximum penalty--7 years imprisonment. 23 `(2) Subsection (1) does not apply if, when giving information in a 24 document, the giver-- 25 (a) informs the recipient, to the best of the giver's ability, 26 how it is false or misleading; and 27 (b) if the giver has, or can reasonably obtain, the correct 28 information--gives the correct information to the 29 recipient. 30 Page 22

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 26] `113 Interfering with secrecy at elections 1 `(1) This section applies to an election at which voting is by ballot. 2 `(2) A person who unfolds a ballot paper that has been marked and 3 folded by an elector at the election commits a misdemeanour. 4 Maximum penalty--2 years imprisonment. 5 `(3) An officer who ascertains or discovers, or attempts to 6 ascertain or discover, how an elector has voted at the election 7 commits a misdemeanour. 8 Maximum penalty--2 years imprisonment. 9 `(4) An officer who discloses any information about how an 10 elector has voted at the election commits a misdemeanour. 11 Maximum penalty--2 years imprisonment. 12 `(5) An officer who places a mark or writing on an elector's ballot 13 paper commits a misdemeanour. 14 Maximum penalty--2 years imprisonment. 15 `(6) A person does not commit an offence against this section only 16 by doing something the person is ordered by a court or 17 authorised under the authorising Act to do. 18 `(7) Also this section does not apply to a police officer doing a 19 thing in the course of performing a duty of a police officer. 20 `(8) In this section-- 21 officer, in relation to an election, means a person performing 22 duties at the election under the authorising Act. 23 `114 Breaking the seal of a parcel at elections 24 `(1) A person who wilfully opens or breaks the seal of a parcel 25 sealed under the authorising Act for an election commits a 26 misdemeanour. 27 Maximum penalty--2 years imprisonment. 28 `(2) A person does not commit an offence against subsection (1) 29 only by doing something the person is ordered by a court or 30 authorised under the authorising Act to do. 31 Page 23

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 27] `(3) Also subsection (1) does not apply to a police officer doing a 1 thing in the course of performing a duty of a police officer.'. 2 Clause 27 Replacement of s 129 (Destroying evidence) 3 Section 129-- 4 omit, insert-- 5 `129 Damaging evidence with intent 6 `A person who, knowing something is or may be needed in 7 evidence in a judicial proceeding, damages it with intent to 8 stop it being used in evidence commits a misdemeanour. 9 Maximum penalty--7 years imprisonment.'. 10 Clause 28 Amendment of s 130 (Preventing witnesses from 11 attending) 12 Section 130, from `is guilty'-- 13 omit, insert-- 14 `commits a misdemeanour. 15 Maximum penalty--3 years imprisonment.'. 16 Clause 29 Amendment of s 133 (Compounding crimes) 17 (1) Section 133, heading, `crimes'-- 18 omit, insert-- 19 `an indictable offence'. 20 (2) Section 133(1), `a crime'-- 21 omit, insert-- 22 `an indictable offence'. 23 (3) Section 133(2), `the crime'-- 24 omit, insert-- 25 `the indictable offence'. 26 Page 24

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 30] (4) Section 133-- 1 insert-- 2 `(5) Subsection (1) does not apply to an act done for the purpose of 3 the following-- 4 (a) negotiations in accordance with established legal 5 practice between a lawyer representing the alleged 6 offender and the prosecution to achieve a just outcome 7 in relation to the proceedings for the offence; 8 (b) mediation in good faith between the alleged offender 9 and a victim of the offence or anyone acting in the 10 interests of the victim in relation to an apology, 11 compensation or restitution; 12 (c) dispute resolution relating to the alleged offence; 13 (d) discussions in good faith between the alleged offender 14 and police officers calculated to ameliorate the conduct 15 of the offender relevant to the alleged offence.'. 16 Clause 30 Omission of s 134 (Compounding penal actions) 17 Section 134-- 18 omit. 19 Clause 31 Omission of s 135 (Advertising a reward for the return of 20 stolen property etc.) 21 Section 135-- 22 omit. 23 Clause 32 Replacement of s 136 (Justices acting oppressively or 24 when interested) 25 Section 136-- 26 omit, insert-- 27 Page 25

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 33] `136 Justices exercising jurisdiction in a matter of 1 personal interest 2 `A person who, being a justice, wilfully and perversely 3 exercises jurisdiction in a matter in which the justice has a 4 personal interest commits a misdemeanour. 5 Maximum penalty--3 years imprisonment.'. 6 Clause 33 Amendment of s 137 (Delay to take person arrested 7 before Magistrate) 8 Section 137-- 9 insert-- 10 `(2) For subsection (1)-- 11 (a) if the person carrying out the arrest is a police officer, it 12 is sufficient if the person complies with the 13 requirements of the Police Powers and Responsibilities 14 Act 2000, section 393; and 15 (b) if the person carrying out the arrest is not a police 16 officer, it is sufficient if the person immediately delivers 17 the arrested person into the custody of a police officer as 18 mentioned in section 552(2).'. 19 Clause 34 Omission of s 138 (Bringing fictitious action on penal 20 statute) 21 Section 138-- 22 omit. 23 Clause 35 Amendment of s 148 (Obstructing officers of courts of 24 justice) 25 Section 148, from `is guilty'-- 26 omit, insert-- 27 `commits a misdemeanour. 28 Maximum penalty--2 years imprisonment.'. 29 Page 26

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 36] Clause 36 Replacement of s 193 (False statements in statements 1 required to be under oath or solemn declaration) 2 Section 193-- 3 omit, insert-- 4 `193 False verified statements 5 `(1) A person who makes a verified statement that the person 6 knows is false in a material particular when the person is 7 required by law to make the statement in the form of a verified 8 statement commits a crime. 9 Maximum penalty--7 years imprisonment. 10 `(2) The person can not be arrested without a warrant. 11 `(3) In this section-- 12 verified statement means-- 13 (a) a statement made on oath or under another sanction that 14 may by law be substituted for an oath; or 15 (b) a statement verified by solemn declaration or 16 affirmation.'. 17 Clause 37 Omission of ss 201-203 18 Sections 201 to 203-- 19 omit. 20 Clause 38 Amendment of s 208 (Unlawful sodomy) 21 (1) Section 208(1)-- 22 omit, insert-- 23 `(1) A person who does, or attempts to do, any of the following 24 commits a crime-- 25 (a) sodomises a person under 18 years; 26 (b) permits a male person under 18 years to sodomise him 27 or her; 28 Page 27

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 39] (c) sodomises a person with an impairment of the mind; 1 (d) permits a person with an impairment of the mind to 2 sodomise him or her. 3 Maximum penalty--14 years imprisonment.'. 4 (2) Section 208(2), `The offender'-- 5 omit, insert-- 6 `For an offence other than an attempt, the offender'. 7 (3) Section 208(2)(b) and (4)(a), `an intellectually impaired 8 person'-- 9 omit, insert-- 10 `a person with an impairment of the mind'. 11 (4) Section 208(4)(b), `the intellectually impaired person'-- 12 omit, insert-- 13 `the person with an impairment of the mind'. 14 Clause 39 Omission of s 209 (Attempted sodomy) 15 Section 209-- 16 omit. 17 Clause 40 Amendment of s 216 (Abuse of intellectually impaired 18 persons) 19 (1) Section 216, heading, `intellectually impaired persons'-- 20 omit, insert-- 21 `persons with an impairment of the mind'. 22 (2) Section 216(1), (2)(a) to (f) and (4)(a), `an intellectually 23 impaired person'-- 24 omit, insert-- 25 `a person with an impairment of the mind'. 26 Page 28

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 41] (3) Section 216(3), (3A) and (4)(b), `the intellectually impaired 1 person'-- 2 omit, insert-- 3 `the person with an impairment of the mind'. 4 Clause 41 Amendment of s 217 (Procuring young person etc. for 5 carnal knowledge) 6 Section 217(1), `an intellectually impaired person'-- 7 omit, insert-- 8 `a person with an impairment of the mind'. 9 Clause 42 Amendment of s 228G (Forfeiture of child exploitation 10 material etc.) 11 Section 228G(1)(a), before `;'-- 12 insert-- 13 `or 218A'. 14 Clause 43 Amendment of s 229B (Maintaining a sexual relationship 15 with a child) 16 (1) Section 229B(10), definition offence of a sexual nature, 17 `209,'-- 18 omit. 19 (2) Section 229B(10), definition prescribed age, paragraph (a), 20 `or 209'-- 21 omit. 22 Clause 44 Amendment of s 229E (Meaning of prostitution) 23 Section 229E(2)(b), `an intellectually impaired person'-- 24 omit, insert-- 25 `a person with an impairment of the mind'. 26 Page 29

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 45] Clause 45 Omission of s 229F (Meaning of intellectually impaired 1 person) 2 Section 229F-- 3 omit. 4 Clause 46 Amendment of s 229G (Procuring prostitution) 5 Section 229G(2) and (3), `an intellectually impaired 6 person'-- 7 omit, insert-- 8 `a person with an impairment of the mind'. 9 Clause 47 Amendment of s 229H (Knowingly participating in 10 provision of prostitution) 11 Section 229H(2), (3)(b), (4)(b) and (5)(c), `an intellectually 12 impaired person'-- 13 omit, insert-- 14 `a person with an impairment of the mind'. 15 Clause 48 Amendment of s 229I (Persons found in places 16 reasonably suspected of being used for prostitution etc.) 17 Section 229I(2) and (4)(a) and (b), `an intellectually impaired 18 person'-- 19 omit, insert-- 20 `a person with an impairment of the mind'. 21 Clause 49 Amendment of s 229K (Having an interest in premises 22 used for the purposes of prostitution etc.) 23 (1) Section 229K, heading, `the purposes of'-- 24 omit. 25 (2) Section 229K(3) and (3B), `an intellectually impaired 26 person'-- 27 Page 30

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 50] omit, insert-- 1 `a person with an impairment of the mind'. 2 Clause 50 Amendment of s 229L (Permitting young person etc. to be 3 at place used for prostitution) 4 Section 229L, `an intellectually impaired person'-- 5 omit, insert-- 6 `a person with an impairment of the mind'. 7 Clause 51 Omission of ch 25 (Miscellaneous offences) 8 Chapter 25-- 9 omit. 10 Clause 52 Amendment of s 317A (Carrying or sending dangerous 11 goods in a vehicle) 12 (1) Section 317A-- 13 insert-- 14 `(1A) A person who knowingly sends by a vehicle any dangerous 15 goods under a false description of the goods or with a false 16 description of the sender of the goods commits a 17 misdemeanour. 18 Maximum penalty--3 years imprisonment.'. 19 (2) Section 317A(2), `this section'-- 20 omit, insert-- 21 `subsection (1)'. 22 (3) Section 317A(1A) to (3)-- 23 renumber as section 317A(2) to (4). 24 Page 31

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 53] Clause 53 Replacement of ss 319 and 319A 1 Sections 319 and 319A-- 2 omit, insert-- 3 `319 Endangering the safety of a person in a vehicle 4 with intent 5 `(1) A person who does anything that endangers, or is likely to 6 endanger, the safe use of a vehicle, with intent to injure or 7 endanger the safety of any person in the vehicle, whether a 8 particular person or not, commits a crime. 9 Maximum penalty--life imprisonment. 10 `(2) In this section-- 11 do anything, for a person who has a duty to do the thing, 12 includes omit to do the thing. 13 in includes on.'. 14 Clause 54 Replacement of ss 322 and 323 15 Sections 322 and 323-- 16 omit, insert-- 17 `322 Administering poison with intent to harm 18 `A person who unlawfully, and with intent to injure or annoy 19 another person, causes a poison or another noxious thing to be 20 administered to, or taken by, any person commits a crime. 21 Maximum penalty-- 22 (a) if the poison or other noxious thing endangers the life 23 of, or does grievous bodily harm to, the person to whom 24 it is administered or by whom it is taken--14 years 25 imprisonment; or 26 (b) otherwise--7 years imprisonment. 27 Page 32

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 55] `323 Wounding 1 `(1) A person who unlawfully wounds anyone else commits a 2 misdemeanour. 3 Maximum penalty--7 years imprisonment. 4 `(2) The offender may be arrested without warrant.'. 5 Clause 55 Amendment of s 326 (Endangering life of children by 6 exposure) 7 Section 326, from `is guilty'-- 8 omit, insert-- 9 `commits a crime. 10 Maximum penalty--7 years imprisonment.'. 11 Clause 56 Omission of ss 331 and 332 12 Sections 331 and 332-- 13 omit. 14 Clause 57 Amendment of s 333 (Evading laws as to equipment of 15 ships and shipping dangerous goods) 16 (1) Section 333, heading, `and shipping dangerous goods'-- 17 omit. 18 (2) Section 333, from `--' to `being'-- 19 omit, insert-- 20 `, being'. 21 (3) Section 333, before paragraph (b), `; or'-- 22 omit. 23 (4) Section 333, paragraph (b)-- 24 omit. 25 Page 33

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 58] Clause 58 Amendment of s 334 (Landing explosives) 1 Section 334(2)-- 2 omit. 3 Clause 59 Omission of s 338 (Assaults on persons protecting 4 wrecks) 5 Section 338-- 6 omit. 7 Clause 60 Amendment of s 338A (Assaults of member of crew on 8 aircraft) 9 Section 338A, `injury'-- 10 omit. 11 Clause 61 Amendment of s 340 (Serious assaults) 12 (1) Section 340(1)(c), (d) and (e)-- 13 omit, insert-- 14 `(c) unlawfully assaults any person while the person is 15 performing a duty imposed on the person by law; or 16 (d) assaults any person because the person has performed a 17 duty imposed on the person by law; or'. 18 (2) Section 340(1)(g) and (h), before `assaults'-- 19 insert-- 20 `unlawfully'. 21 (3) Section 340(2), after `who'-- 22 insert-- 23 `unlawfully'. 24 (4) Section 340, before subsection (2A)-- 25 insert-- 26 Page 34

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 62] `(2AA) A person who-- 1 (a) unlawfully assaults, or resists or wilfully obstructs, a 2 public officer while the officer is performing a function 3 of the officer's office; or 4 Example-- 5 A person unlawfully assaults an authorised officer under the 6 Child Protection Act 1999 while the officer is investigating an 7 allegation of harm to a child under that Act. 8 (b) assaults a public officer because the officer has 9 performed a function of the officer's office; 10 commits a crime. 11 Maximum penalty--7 years imprisonment.'. 12 (5) Section 340(3)-- 13 insert-- 14 `office includes appointment and employment. 15 public officer includes-- 16 (a) a member, officer or employee of a service established 17 for a public purpose under an Act; and 18 Example of a service-- 19 Queensland Ambulance Service established under the 20 Ambulance Service Act 1991 21 (b) a health service employee under the Health Services Act 22 1991; and 23 (c) an authorised officer under the Child Protection Act 24 1999.'. 25 Clause 62 Amendment of s 354A (Kidnapping for ransom) 26 Section 354A(1)(a), `any injury or'-- 27 omit. 28 Page 35

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 63] Clause 63 Amendment of s 359 (Threats) 1 Section 359, from `Any person' to `that other person'-- 2 omit, insert-- 3 `A person (the first person) who threatens to cause a 4 detriment to a second person with intent to prevent or hinder 5 any person (the other person) other than the first person.'. 6 Clause 64 Replacement of s 364 (Cruelty to children under 16) 7 Section 364-- 8 omit, insert-- 9 `364 Cruelty to children under 16 10 `(1) A person who, having the lawful care or charge of a child 11 under 16 years, causes harm to the child by any prescribed 12 conduct that the person knew or ought reasonably to have 13 known would be likely to cause harm to the child commits a 14 crime. 15 Maximum penalty--7 years imprisonment. 16 `(2) In this section-- 17 harm, to a child, means any detrimental effect of a significant 18 nature on the child's physical, psychological or emotional 19 wellbeing, whether temporary or permanent. 20 prescribed conduct means-- 21 (a) failing to provide the child with adequate food, clothing, 22 medical treatment, accommodation or care when it is 23 available to the person from his or her own resources; or 24 (b) failing to take all lawful steps to obtain adequate food, 25 clothing, medical treatment, accommodation or care 26 when it is not available to the person from his or her 27 own resources; or 28 (c) deserting the child; or 29 (d) leaving the child without means of support. 30 Page 36

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 65] `364A Leaving a child under 12 unattended 1 `(1) A person who, having the lawful care or charge of a child 2 under 12 years, leaves the child for an unreasonable time 3 without making reasonable provision for the supervision and 4 care of the child during that time commits a misdemeanour. 5 Maximum penalty--3 years imprisonment. 6 `(2) Whether the time is unreasonable depends on all the relevant 7 circumstances.'. 8 Clause 65 Amendment of s 392 (Special cases) 9 Section 392(3)-- 10 omit. 11 Clause 66 Omission of s 397 (Husband and wife) 12 Section 397-- 13 omit. 14 Clause 67 Amendment of s 398 (Punishment of stealing) 15 (1) Section 398(2)-- 16 omit. 17 (2) Section 398, punishment in special cases, clause 1, 18 `imprisonment for life'-- 19 omit, insert-- 20 `14 years imprisonment'. 21 (3) Section 398, punishment in special cases-- 22 insert-- 23 `2 Stealing stock 24 `(1) If the thing stolen is 1 or more animals and the offender is 25 sentenced to pay a fine, the fine must be at least the following 26 amount for each animal-- 27 Page 37

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 68] (a) if the animal's value is determined under a regulation 1 under section 450F--that value or $1000, whichever is 2 higher; 3 (b) otherwise--$1000. 4 `(2) Subclause (1) applies whether the person is sentenced to pay 5 the fine in addition to, or instead of, imprisonment. 6 `(3) Subclause (1) applies whether the person is liable to 7 imprisonment for 5 years or a longer period under this section. 8 `(4) In this clause-- 9 animal means an animal that is stock.'. 10 Clause 68 Replacement of ss 399-401 11 Sections 399 to 401-- 12 omit, insert-- 13 `399 Fraudulent concealment of particular documents 14 `A person who, with intent to defraud, conceals the whole or 15 part of-- 16 (a) a register or record kept by lawful authority; or 17 (b) a document recording title to property; or 18 (c) a testamentary instrument (whether the testator is living 19 or dead); 20 commits a crime. 21 Maximum penalty-- 22 (a) if the offence is committed in relation to a document 23 recording title to property--3 years imprisonment; or 24 (b) otherwise--14 years imprisonment.'. 25 Page 38

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 69] Clause 69 Omission of s 405 (Fraudulently dealing with minerals in 1 mines) 2 Section 405-- 3 omit. 4 Clause 70 Omission of ss 407 and 408 5 Sections 407 and 408-- 6 omit. 7 Clause 71 Amendment of s 408C (Fraud) 8 (1) Section 408C(2), `10 years'-- 9 omit, insert-- 10 `12 years'. 11 (2) Section 408C(2)(d), `is of a value of $5000'-- 12 omit, insert-- 13 `or the detriment caused, is of a value of $30000'. 14 Clause 72 Omission of s 410 (Loaded arms) 15 Section 410-- 16 omit. 17 Clause 73 Replacement of ss 415-417 18 Sections 415 to 417-- 19 omit, insert-- 20 `415 Extortion 21 `(1) A person (the demander) who, without reasonable cause, 22 makes a demand-- 23 (a) with intent to-- 24 Page 39

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 73] (i) gain a benefit for any person (whether or not the 1 demander); or 2 (ii) cause a detriment to any person other than the 3 demander; and 4 (b) with a threat to cause a detriment to any person other 5 than the demander; 6 commits a crime. 7 Maximum penalty-- 8 (a) if carrying out the threat causes, or would be likely to 9 cause, serious personal injury to a person other than the 10 offender--life imprisonment; or 11 (b) if carrying out the threat causes, or would be likely to 12 cause, substantial economic loss in an industrial or 13 commercial activity conducted by a person or entity 14 other than the offender (whether the activity is 15 conducted by a public authority or as a private 16 enterprise)--life imprisonment; or 17 (c) otherwise--14 years imprisonment. 18 `(2) It is immaterial that-- 19 (a) the demand or threat is made in a way ordinarily used to 20 inform the public rather than a particular person; or 21 (b) the threat does not specify the detriment to be caused; or 22 (c) the threat does not specify the person to whom the 23 detriment is to be caused or specifies this in a general 24 way; or 25 Example-- 26 a threat to cause a detriment to the public or any members of the 27 public 28 (d) the detriment is to be caused by someone other than the 29 demander. 30 `(3) A reference to making a demand includes causing someone to 31 receive a demand. 32 Page 40

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 74] `(4) A reference to a threat to cause a detriment to any person 1 other than the demander includes a statement that gives rise to 2 a threat of detriment to the other person. 3 `(5) A prosecution for an offence in which it is intended to rely on 4 a circumstance of aggravation mentioned in paragraph (a) or 5 (b) of the penalty can not be commenced without the consent 6 of the Attorney-General. 7 `(6) In this section-- 8 threat includes a statement that may reasonably be interpreted 9 as a threat.'. 10 Clause 74 Omission of s 426 (Unlawful entry of vehicle) 11 Section 426-- 12 omit. 13 Clause 75 Omission of ss 430 and 431 14 Sections 430 and 431-- 15 omit. 16 Clause 76 Insertion of new s 432 17 Chapter 41-- 18 insert-- 19 `432 What is tainted property for ch 41 20 `(1) In this chapter-- 21 tainted property means-- 22 (a) a thing that has been obtained by way of an act 23 constituting an indictable offence; or 24 (b) if tainted property mentioned in paragraph (a) is 25 converted into other property--any of the other 26 property; or 27 Page 41

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 77] (c) if tainted property mentioned in paragraph (a) is 1 mortgaged, pledged or exchanged for other 2 property--any of the proceeds of the mortgage, pledge, 3 or exchange. 4 `(2) However, a thing stops being tainted property after a person 5 acquires a lawful title to it.'. 6 Clause 77 Amendment of s 433 (Receiving stolen property etc.) 7 (1) Section 433, heading-- 8 omit, insert-- 9 `433 Receiving tainted property'. 10 (2) Section 433(1) to (6)-- 11 omit, insert-- 12 `(1) A person who receives tainted property, and has reason to 13 believe it is tainted property, commits a crime. 14 Maximum penalty-- 15 (a) if the property was obtained by way of an act 16 constituting a crime--14 years imprisonment; or 17 (b) if the property is a firearm or ammunition--14 years 18 imprisonment; or 19 (c) if the offender received the property while acting as a 20 pawnbroker or dealer in second hand goods, under a 21 licence or otherwise--14 years imprisonment; or 22 (d) otherwise--7 years imprisonment.'. 23 (3) Section 433(7)-- 24 renumber as section 433(2). 25 Clause 78 Replacement of ss 434 and 435 26 Sections 434 and 435-- 27 omit, insert-- 28 Page 42

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 79] `435 Taking reward for recovery of property obtained by 1 way of indictable offences 2 `If-- 3 (a) a thing is obtained by way of any act constituting an 4 indictable offence; and 5 (b) a person dishonestly receives, or dishonestly agrees to 6 receive, any benefit on an agreement or understanding 7 that the person will help anyone to recover the thing; 8 then, unless the person has used all due diligence to cause the 9 offender to be brought to trial for the offence, the person 10 commits a crime. 11 Maximum penalty--7 years imprisonment.'. 12 Clause 79 Omission of ch 42 hdg and ss 436-440 13 (1) Chapter 42, heading-- 14 omit. 15 (2) Sections 436 to 440-- 16 omit. 17 Clause 80 Relocation of s 441 (Fraudulent falsification 18 of records) 19 Section 441-- 20 relocate and renumber, in chapter 40, as section 430. 21 Clause 81 Relocation of s 442 (False accounting by public officer) 22 Section 442-- 23 relocate and renumber, in chapter 40 as section 431. 24 Page 43

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 82] Clause 82 Omission of ch 44B (Other offences analogous to 1 stealing punishable on summary conviction) 2 Chapter 44B-- 3 omit. 4 Clause 83 Omission of s 460 (Damage) 5 Section 460-- 6 omit. 7 Clause 84 Amendment of s 461 (Arson) 8 (1) Section 461(a) and (b)-- 9 omit, insert-- 10 `(a) a building or structure; 11 (b) a motor vehicle, train, aircraft or vessel;'. 12 (2) Section 461(e)-- 13 omit. 14 (3) Section 461-- 15 insert-- 16 `(2) It is immaterial whether or not a thing mentioned in 17 subsection (1)(a) or (b) is complete.'. 18 Clause 85 Replacement of s 462 (Attempts to commit arson) 19 Section 462-- 20 omit, insert-- 21 `462 Endangering particular property by fire 22 `A person who wilfully and unlawfully sets fire to anything 23 situated so that a thing mentioned in section 461(1)(a) to (d) is 24 likely to catch fire from it commits a crime. 25 Maximum penalty--14 years imprisonment.'. 26 Page 44

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 86] Clause 86 Omission of ss 464 to 466 1 Sections 464 to 466-- 2 omit. 3 Clause 87 Replacement of ss 467 and 467A 4 Sections 467 and 467A-- 5 omit, insert-- 6 `467 Endangering the safe use of vehicles and related 7 transport infrastructure 8 `(1) A person who, with intent to prejudice the safe use of a 9 vehicle or related transport infrastructure or to injure property 10 in a vehicle or related transport infrastructure, does anything 11 that endangers, or is likely to endanger, the safe use of the 12 vehicle or related transport infrastructure commits a crime. 13 Maximum penalty--life imprisonment. 14 `(2) In this section-- 15 do anything, for a person who has a duty to do the thing, 16 includes omit to do the thing. 17 in includes on. 18 related transport infrastructure includes a road, railway, 19 runway, station, airport, terminal, wharf, jetty or other 20 structure used by a vehicle to travel or by persons using a 21 vehicle to travel.'. 22 Clause 88 Amendment of s 469 (Wilful damage) 23 (1) Section 469, punishment in special cases, clauses 1 and 2-- 24 omit, insert-- 25 `1 Destroying or damaging premises by explosion 26 `If-- 27 (a) the property in question is premises; and 28 Page 45

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 88] (b) the destruction or damage is caused by an explosion; 1 and 2 (c) either-- 3 (i) anyone is in or on the premises when the explosion 4 happens; or 5 (ii) the destruction or damage actually endangers 6 anyone's life; 7 the offender commits a crime. 8 Maximum penalty--life imprisonment. 9 `2 Sea walls and other property 10 `If-- 11 (a) the property in question is-- 12 (i) a bank or wall of the sea or inland water; or 13 (ii) a work relating to a port or inland water; and 14 (b) the destruction or damage causes an actual danger of 15 inundation or of damage to land or a building; 16 the offender commits a crime. 17 Maximum penalty--life imprisonment.'. 18 (2) Section 469, punishment in special cases, clause 7-- 19 omit, insert-- 20 `7 Other things of special value 21 `If-- 22 (a) the property in question-- 23 (i) is a vessel, whether complete or not; and 24 (ii) is destroyed or rendered useless; or 25 (b) the property in question-- 26 (i) is a light, beacon, buoy, mark or signal; and 27 Page 46

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 89] (ii) is used for navigation or for the guidance of 1 sailors; or 2 (c) the property in question is-- 3 (i) a bank or wall of the sea or inland water; or 4 (ii) a work relating to a port or inland water; or 5 (d) the property in question-- 6 (i) is a manufacturing or agricultural machine or 7 another thing used, or intended for use, for 8 manufacture or for performing a process connected 9 with the preparation of agricultural produce; and 10 (ii) is destroyed or rendered useless; or 11 (e) the property in question is-- 12 (i) a well or bore for water; or 13 (ii) the dam, bank, wall, or floodgate of a millpond or 14 pool; 15 the offender commits a crime. 16 Maximum penalty--7 years imprisonment.'. 17 Clause 89 Amendment of s 470A (Unlawful deposition of 18 explosives) 19 (1) Section 470A, heading, `explosives'-- 20 omit, insert-- 21 `explosive or noxious substances'. 22 (2) Section 470A(1), `without reasonable cause or excuse'-- 23 omit, insert-- 24 `unlawfully'. 25 (3) Section 470A(1), after `explosive'-- 26 insert-- 27 `or noxious'. 28 Page 47

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 90] Clause 90 Replacement of s 471 (Attempts to injure mines) 1 Section 471-- 2 omit, insert-- 3 `471 Damaging mines 4 `(1) A person who unlawfully and with intent to damage a mine-- 5 (a) damages a mine; or 6 Example-- 7 obstructing the working of a mine by running water into the 8 mine or into an underground passage leading into the mine 9 (b) interferes with equipment or infrastructure, whether 10 complete or not, connected or used with a mine; 11 commits a crime. 12 Maximum penalty--7 years imprisonment. 13 `(2) In this section-- 14 damage, a mine, includes obstruct the working of the mine. 15 equipment includes machinery, appliance, cable and 16 apparatus. 17 infrastructure means a road, building or other structure. 18 interfere, with equipment or infrastructure, means 19 detrimentally interfere with its effective or efficient 20 operation.'. 21 Clause 91 Omission of s 476 (Removing boundary marks) 22 Section 476-- 23 omit. 24 Clause 92 Amendment of s 488 (Forgery and uttering) 25 (1) Section 488(1), penalty-- 26 omit, insert-- 27 `Maximum penalty-- 28 Page 48

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 93] (a) if the document is a valuable security, insurance policy, 1 testamentary instrument (whether the testator is living or 2 dead) or registration document or is evidence of an 3 interest in land--14 years imprisonment; or 4 (b) if the document is a power of attorney, contract or 5 document kept or issued by lawful authority other than a 6 document mentioned in paragraph (a)--7 years 7 imprisonment; or 8 (c) otherwise--3 years imprisonment.'. 9 (2) Section 488-- 10 insert-- 11 `(3) In this section-- 12 registration document means a document kept or issued by 13 the registrar under the Births, Deaths and Marriages 14 Registration Act 2003 or an equivalent document kept or 15 issued under a law of another jurisdiction, inside or outside 16 Australia.'. 17 (3) Section 488, `Punishment in special cases'-- 18 omit. 19 (4) Section 488, punishment in special cases, clauses 1 to 5-- 20 omit. 21 Clause 93 Omission of ss 492-497 22 Sections 492 to 497-- 23 omit. 24 Clause 94 Amendment of s 502 (Attempts to procure unauthorised 25 status) 26 Section 502, heading-- 27 omit, insert-- 28 `502 Procuring or claiming unauthorised status'. 29 Page 49

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 95] Clause 95 Omission of ss 503 and 504 1 Sections 503 and 504-- 2 omit. 3 Clause 96 Omission of ch 50 (Forgery and like offences punishable 4 on summary conviction) 5 Chapter 50-- 6 omit. 7 Clause 97 Omission of ss 516 and 517 8 Sections 516 and 517-- 9 omit. 10 Clause 98 Omission of s 534 (Intimidation of workers and 11 employers) 12 Section 534-- 13 omit. 14 Clause 99 Replacement of ss 535-537 15 Sections 535 to 537-- 16 omit, insert-- 17 `535 Attempts to commit indictable offences 18 `(1) If a person attempts to commit a crime, the person commits a 19 crime. 20 `(2) If a person attempts to commit a misdemeanour, the person 21 commits a misdemeanour. 22 Page 50

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 100] `536 Punishment of attempts to commit indictable 1 offences 2 `(1) A person who attempts to commit an indictable offence 3 punishable by mandatory life imprisonment is liable, if no 4 other punishment is provided, to life imprisonment. 5 `(2) A person who attempts to commit an indictable offence 6 punishable by life imprisonment but not mandatory life 7 imprisonment is liable, if no other punishment is provided, to 8 14 years imprisonment. 9 `(3) A person who attempts to commit any other indictable offence 10 is liable, if no other punishment is provided, to a punishment 11 equal to one-half of the greatest punishment to which an 12 offender convicted of the offence is liable. 13 `(4) In this section-- 14 mandatory life imprisonment means a penalty of life 15 imprisonment that can not be mitigated or varied under this 16 Code or any other law.'. 17 Clause 100 Amendment of s 538 (Reduction of punishment) 18 (1) Section 538(2), `that punishment'-- 19 omit, insert-- 20 `the punishment to which the person would otherwise be 21 liable for the attempt'. 22 (2) Section 538(2), `7 years'-- 23 omit, insert-- 24 `14 years'. 25 Clause 101 Replacement of s 540 (Preparation to commit crimes with 26 explosives etc.) 27 Section 540-- 28 omit, insert-- 29 Page 51

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 102] `540 Preparation to commit crimes with dangerous things 1 `A person who makes, or knowingly has possession of, an 2 explosive substance or other dangerous or noxious thing-- 3 (a) with intent to commit a crime by using the thing; or 4 (b) to enable anyone to commit a crime by using the thing; 5 commits a crime. 6 Maximum penalty--3 years imprisonment.'. 7 Clause 102 Amendment of s 543A (Industrial disputes) 8 Section 543A(1), `534 or'-- 9 omit. 10 Clause 103 Replacement of ss 544 and 545 11 Sections 544 and 545-- 12 omit, insert-- 13 `544 Accessories after the fact to offences 14 `(1) If a person becomes an accessory after the fact to a crime, the 15 person commits a crime. 16 `(2) If a person becomes an accessory after the fact to a 17 misdemeanour, the person commits a misdemeanour. 18 `(3) If a person becomes an accessory after the fact to a simple 19 offence, the person commits a simple offence. 20 `545 Punishment of accessories after the fact to offences 21 `(1) A person who becomes an accessory after the fact to an 22 indictable offence punishable by mandatory life imprisonment 23 is liable, if no other punishment is provided, to life 24 imprisonment. 25 `(2) A person who becomes an accessory after the fact to an 26 indictable offence punishable by life imprisonment but not 27 Page 52

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 104] mandatory life imprisonment is liable, if no other punishment 1 is provided, to 14 years imprisonment. 2 `(3) A person who becomes an accessory after the fact to any other 3 indictable offence or a simple offence is liable, if no other 4 punishment is provided, to a punishment equal to one-half of 5 the greatest punishment to which an offender convicted of the 6 offence is liable. 7 `(4) In this section-- 8 mandatory life imprisonment means a penalty of life 9 imprisonment that can not be mitigated or varied under this 10 Code or any other law.'. 11 Clause 104 Amendment of s 552 (Duty of person arresting) 12 Section 552-- 13 insert-- 14 `(2) However, it is sufficient for subsection (1) if the person 15 immediately delivers the arrested person into the custody of a 16 police officer. 17 `(3) The police officer may receive the arrested person into 18 custody. 19 Note-- 20 See also section 137 for a relevant offence and the Police Powers and 21 Responsibilities Act 2000, section 393 for the duties of the police 22 officer.'. 23 Clause 105 Amendment of s 566 (Particular indictments) 24 Section 566-- 25 insert-- 26 `(1) In an indictment for an offence relating to giving information 27 or a document that a person knows is false or misleading, it is 28 enough to state the information or document was `false or 29 misleading' to the person's knowledge, without specifying 30 whether it was false or whether it was misleading.'. 31 Page 53

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 106] Clause 106 Amendment of s 568 (Cases in which several charges 1 may be joined) 2 Section 568(2), `or for an offence under section 436'-- 3 omit. 4 Clause 107 Amendment of s 578 (Charge of offence of a sexual 5 nature) 6 Section 578(1), (1A) and (4), `209,'-- 7 omit. 8 Clause 108 Amendment of s 590AD (Definitions for ch div 3) 9 (1) Section 590AD, definitions disclose a thing and disclose 10 particulars-- 11 omit. 12 (2) Section 590AD-- 13 insert-- 14 `Evidence Act section 93A device statement see section 15 590AFA. 16 view includes listen to.'. 17 Clause 109 Insertion of new s 590AFA 18 After section 590AF-- 19 insert-- 20 `590AFA Meaning of Evidence Act section 93A device 21 statement 22 `An Evidence Act section 93A device statement means a 23 statement-- 24 (a) made to a person investigating an alleged offence; and 25 (b) contained in-- 26 Page 54

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 110] (i) any disc, tape, sound track or other device 1 mentioned in paragraph (e) of the definition 2 document in the Evidence Act 1977, schedule 3 3 capable of reproducing sounds; or 4 (ii) any film, negative, tape or other device mentioned 5 in paragraph (f) of the definition document in the 6 Evidence Act 1977, schedule 3; and 7 (c) given in, or in anticipation of, a criminal proceeding 8 about the alleged offence; and 9 (d) that is potentially admissible under the Evidence Act 10 1977, section 93A.'. 11 Clause 110 Amendment of s 590AI (When mandatory disclosure 12 must be made) 13 Section 590AI(1)-- 14 insert-- 15 `(c) the prosecution must give an accused person a written 16 notice of a thing under section 590AOA(2) and, apart 17 from section 590AOA, the prosecution would have to 18 give the person a copy of the thing under section 19 590AH(2).'. 20 Clause 111 Amendment of s 590AK (When requested disclosure 21 must be made) 22 Section 590AK(1)(b)-- 23 insert-- 24 `(iii) the prosecution must give the accused person 25 written notice of a thing under section 590AOA(2) 26 and, apart from section 590AOA, the prosecution 27 would have to give the person a copy of the thing 28 on request under section 590AJ(2).'. 29 Page 55

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 112] Clause 112 Amendment of s 590AO (Limit on disclosure of sensitive 1 evidence) 2 (1) Before section 590AO(1)-- 3 insert-- 4 `(1AA) This section does not apply to an Evidence Act section 93A 5 device statement.'. 6 (2) Section 590AO(2)(f)(ii), before subparagraph (A)-- 7 insert-- 8 `(AA)the thing will only be viewed and examined for a 9 legitimate purpose connected with the relevant 10 proceeding; and'. 11 (3) Section 590AO(2)(f)(ii), subparagraphs (AA) to (B)-- 12 renumber as subparagraphs (A) to (C). 13 (4) Section 590AO(4), before paragraph (a)-- 14 insert-- 15 `(aa) the thing will only be viewed and examined for a 16 legitimate purpose connected with the relevant 17 proceeding; and'. 18 (5) Section 590AO(4), paragraphs (aa) to (b)-- 19 renumber as paragraphs (a) to (c). 20 Clause 113 Insertion of new s 590AOA 21 After section 590AO-- 22 insert-- 23 `590AOA Evidence Act section 93A device statement 24 `(1) The prosecution is not, for a relevant proceeding, required 25 under this chapter division to give the accused person a copy 26 of an Evidence Act section 93A device statement (the 27 statement) other than as required under this section. 28 `(2) If-- 29 Page 56

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 113] (a) apart from this section, the prosecution would have to 1 give the accused person a copy of the statement; and 2 (b) the prosecution does not give the accused person a copy 3 of the statement; 4 then the prosecution must give the accused person a written 5 notice-- 6 (c) describing the statement; and 7 (d) stating that the prosecution-- 8 (i) considers the statement to be an Evidence Act 9 section 93A device statement; and 10 (ii) is not required to give the accused person a copy of 11 the statement other than as required under this 12 section; and 13 (e) stating the matters mentioned in subsection (3) or (6), 14 whichever is applicable. 15 `(3) If the accused person has a lawyer acting for him or her, the 16 notice must state that the prosecution will give a lawyer acting 17 for the accused person a copy of the statement (the copy) on 18 the following conditions-- 19 (a) that the lawyer must not give the copy to the accused 20 person or anyone else other than the following-- 21 (i) a lawyer acting for the accused person or to whom 22 the copy is referred for particular advice; 23 (ii) a person, other than a lawyer, to whom the copy is 24 referred for particular expert advice; 25 (iii) an associate of the lawyer to the extent necessary 26 for work to be done for the lawyer in relation to the 27 relevant proceeding or a proceeding for a relevant 28 charge in the ordinary practice of the law; 29 (b) that any lawyer acting for the accused person, other than 30 the lawyer to whom the prosecution gives the copy, must 31 not give the copy to the accused person or anyone else 32 other than the persons mentioned in paragraph (a)(ii) or 33 (a)(iii); 34 Page 57

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 113] (c) that a person who is given the copy under paragraph (a) 1 or (b), other than a lawyer mentioned in the paragraph, 2 must not give the copy to the accused person or anyone 3 else who is not a lawyer acting for the accused person; 4 (d) that the copy held by the lawyer to whom it was given 5 by the prosecution, or held by anyone else to whom the 6 copy has been given under this section-- 7 (i) must not be copied; and 8 (ii) must be returned to the prosecution within 14 days 9 after-- 10 (A) the lawyer or other person stops being 11 someone who may be given the copy under 12 this section; or 13 Example-- 14 A lawyer may stop acting for the accused person. 15 (B) the end of the proceedings for the relevant 16 charge; 17 (e) that the copy may only be given to another person in 18 accordance with the conditions mentioned in paragraphs 19 (a) to (d) for a legitimate purpose connected with the 20 relevant proceeding or a proceeding for a relevant 21 charge. 22 `(4) If the original statement is a visual image device and the copy 23 to be given by the prosecution under the notice is only a sound 24 device, the court may direct the prosecution to give a copy that 25 is a visual image device. 26 `(5) The court may make a direction under subsection (4) only if it 27 is satisfied the terms of the direction can ensure-- 28 (a) the copy will only be viewed for a legitimate purpose 29 connected with the relevant proceeding; and 30 (b) there is no unauthorised copying or circulation of the 31 copy. 32 `(6) If the accused person does not have a lawyer acting for him or 33 her, the notice must state that-- 34 Page 58

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 113] (a) the prosecution will not give the statement (whether the 1 original or copy) to the accused person; and 2 (b) the prosecution will, on request, allow an appropriate 3 person to view the statement, either the original or a 4 copy as stated in the notice for the purposes of the 5 relevant proceeding at a stated place. 6 `(7) If the prosecution refuses to accept a person, nominated by the 7 accused person under paragraph (c) of the definition 8 appropriate person, as an appropriate person for subsection 9 (6)(b), the court may direct the prosecution to accept the 10 person as an appropriate person for subsection (6)(b), subject 11 to the conditions the court considers appropriate. 12 `(8) The court may make the direction under subsection (7) only if 13 the court is satisfied the terms of the direction can ensure-- 14 (a) the statement will only be viewed for a legitimate 15 purpose connected with the relevant proceeding; and 16 (b) there is no unauthorised copying or circulation of the 17 statement; and 18 (c) if the original statement is to be viewed--the integrity of 19 the statement is protected. 20 `(9) A person who does an act mentioned in the Evidence Act 21 1977, section 93AA(1)(a) to (c) in contravention of a 22 condition imposed by a notice under subsection (3) or a 23 direction under subsection (5) or (7)-- 24 (a) does the act without authority; and 25 (b) commits an offence against that section. 26 `(10) For subsection (3)(d)(i) or (8)(b), it is declared that the 27 making of a transcript of the contents of the statement is not 28 the making of a copy of the statement to which the Evidence 29 Act 1977, section 93AA(1)(c) applies. 30 `(11) In this section-- 31 appropriate person means-- 32 (a) the accused person; or 33 Page 59

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 113] (b) a lawyer mentioned in the Evidence Act 1977, section 1 21O(4); or 2 (c) another person engaged by the accused person if the 3 prosecution or court considers it is appropriate for the 4 other person to view the thing. 5 Examples of persons prosecution may consider appropriate-- 6 interpreter 7 expert 8 associate of a lawyer means an associate of the law practice, 9 of the lawyer, as defined under the Legal Profession Act 2007, 10 section 7(1)(a) or (c). 11 copy, of the statement, in subsections (3) and (6) means a copy 12 of the original statement in the form of-- 13 (a) a device of similar function to the original device 14 containing a copy of the statement; or 15 (b) if the original statement is in the form of a visual image 16 device--any sound device capable of reproducing a 17 soundtrack of the visual image device; 18 and includes any additional copy provided by the prosecution 19 for convenience. 20 end of proceedings, in relation to a relevant charge, means the 21 latest of the following-- 22 (a) if a trial is not conducted that disposes of the 23 charge--the discharge, striking out, withdrawal, entry of 24 nolle prosequi, quashing, staying or other event by 25 which the proceedings end; 26 (b) if a trial is conducted that disposes of the charge-- 27 (i) if the trial ends without a finding of guilt--the end 28 of the trial; or 29 (ii) if the trial ends with a finding of guilt--the end of 30 any period allowed for appeal against the finding 31 of guilt; or 32 Page 60

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 114] (iii) if an appeal is started against the finding of 1 guilt--the end of the appeal and the end of any 2 further proceedings. 3 Note-- 4 This definition covers circumstances where a copy of a statement is held 5 beyond committal to the resulting trial and beyond any mistrial or 6 appeal to later trial. 7 relevant charge means the charge against the accused in the 8 relevant proceeding, and includes any replacement or further 9 charge arising out of the proceeding or the same, or same set 10 of, circumstances. 11 sound device means a device mentioned in section 12 590AFA(b)(i). 13 visual image device means a device mentioned in section 14 590AFA(b)(ii).'. 15 Clause 114 Replacement of s 590AR (Viewing evidence that is not 16 original evidence) 17 Section 590AR-- 18 omit, insert-- 19 `590AR Viewing evidence that is not original evidence 20 `If-- 21 (a) advice is given under section 590AJ(3); or 22 (b) notice is given under section 590AO(2)(e) or 23 590AOA(6); 24 of a place where the accused person or appropriate person 25 may, on request, view a thing, the prosecution must allow the 26 accused person or appropriate person, on request, to view the 27 thing at the place for the purposes of the relevant proceeding.'. 28 Clause 115 Amendment of s 590AS (Viewing original evidence that is 29 not sensitive evidence) 30 (1) Section 590AS, heading-- 31 Page 61

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 116] omit, insert-- 1 `590AS Viewing particular evidence'. 2 (2) Section 590AS(1), after `sensitive evidence'-- 3 insert-- 4 `or an Evidence Act section 93A device statement'. 5 Clause 116 Amendment of s 590AV (Disclosure directions) 6 Section 590AV(4), after `590AO,'-- 7 insert-- 8 `590AOA,'. 9 Clause 117 Amendment of s 636 (Evidence of blood relationship) 10 Section 636(1), definition prescribed offence, paragraph (b), 11 `209,'-- 12 omit. 13 Clause 118 Amendment of s 641 (Evidence on certain charges of 14 stealing money) 15 (1) Section 641(1), `or with an offence under section 436'-- 16 omit. 17 (2) Section 641(2), `or the conversion with intent to defraud 18 within the meaning of section 436'-- 19 omit. 20 (3) Section 641(2), `or converted with intent to defraud within the 21 meaning of section 436'-- 22 omit. 23 Clause 119 Amendment of s 644A (Witness giving incriminating 24 answers) 25 Section 644A(1), `103'-- 26 Page 62

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 2 Amendment of Criminal Code [s 120] omit, insert-- 1 `98C, 101'. 2 Clause 120 Insertion of new ch 82 3 After chapter 81-- 4 insert-- 5 `Chapter 82 Transitional provision for 6 Criminal Code and Other 7 Acts Amendment Act 2008 8 `719 References to particular offences 9 `(1) The following provisions apply as if a reference to section 208 10 included a reference to section 209 as in force at any time 11 before its repeal by the amending Act-- 12 section 229B(10), definitions offence of a sexual nature 13 and prescribed age 14 section 578(1), (1A) and (4) 15 section 636(1), definition prescribed offence. 16 `(2) Section 568(2) applies as if it included a reference to an 17 indictment against a trustee to whom the Trust Accounts Act 18 1973 applies for an offence under section 436 as in force at 19 any time before its repeal by the amending Act. 20 `(3) Section 641(1) applies as if it included a reference to a trustee 21 within the meaning of the Trust Accounts Act 1973 charged 22 with an offence under section 436 as in force at any time 23 before its repeal by the amending Act and, for that purpose, 24 section 642(2), as in force immediately before the 25 commencement of this section, continues to apply. 26 `(4) Section 644A applies as if the reference to section 101 27 included a reference to section 103 as in force at any time 28 before its repeal by the amending Act. 29 Page 63

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 3 Amendment of Bail Act 1980 [s 121] `(5) In this section-- 1 amending Act means the Criminal Code and Other Acts 2 Amendment Act 2008.'. 3 Part 3 Amendment of Bail Act 1980 4 Clause 121 Act amended in pt 3 5 This part amends the Bail Act 1980. 6 Clause 122 Amendment of s 11A (Release of intellectually impaired 7 person) 8 (1) Section 11A, heading, `intellectually impaired person'-- 9 omit, insert-- 10 `a person with an impairment of the mind'. 11 (2) Section 11A(1)(a), `an intellectually impaired person'-- 12 omit, insert-- 13 `a person with an impairment of the mind'. 14 (3) Section 11A(7), `intellectually impaired person'-- 15 omit, insert-- 16 `person with an impairment of the mind'. 17 Clause 123 Amendment of s 20 (Undertaking as to bail) 18 Section 20(3AA)-- 19 omit, insert-- 20 `(3AA) Despite subsection (3), the defendant need not surrender into 21 custody or appear personally if the defendant is represented 22 by the defendant's lawyer unless-- 23 (a) the court directs otherwise; or 24 Page 64

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 3 Amendment of Bail Act 1980 [s 124] (b) a charge is being heard and determined, an examination 1 of a witness is being conducted or a penalty is being 2 imposed.'. 3 Clause 124 Amendment of s 30 (Apprehension on variation or 4 revocation of bail) 5 (1) Section 30(1), from `upon' to `complainant'-- 6 omit, insert-- 7 `on the application of a complainant, prosecutor or person 8 appearing on behalf of the Crown,'. 9 (2) Section 30-- 10 insert-- 11 `(1A) Also, bail granted to a defendant on an undertaking by a 12 police officer authorised by this Act or the Juvenile Justice Act 13 1992 to grant bail may be varied or revoked, on the 14 application of a complainant, prosecutor or person appearing 15 on behalf of the Crown, by-- 16 (a) if the defendant is required to appear before the 17 Childrens Court--the Childrens Court; or 18 (b) a Magistrates Court; 19 if the court is of the opinion that it is necessary or desirable in 20 the interests of justice to do so.'. 21 (3) Section 30(2), (3) and (6), `subsection (1)'-- 22 omit, insert-- 23 `this section'. 24 (4) Section 30-- 25 insert-- 26 `(7) This section does not limit the powers of a police officer under 27 the Police Powers and Responsibilities Act 2000, section 28 367(3) to arrest a defendant who is a child.'. 29 Page 65

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 4 Amendment of Criminal Law Amendment Act 1945 [s 125] Part 4 Amendment of Criminal Law 1 Amendment Act 1945 2 Clause 125 Act amended in pt 4 3 This part amends the Criminal Law Amendment Act 1945. 4 Clause 126 Amendment of s 18 (Detention of persons incapable of 5 controlling sexual instincts) 6 Section 18(8), `shall'-- 7 omit, insert-- 8 `, other than a detainee released under part 3A, must'. 9 Clause 127 Replacement of s 18H (Effect on unconditional release) 10 Section 18H-- 11 omit, insert-- 12 `18H Effect on unconditional release 13 `(1) This section applies to a detainee who has been released under 14 this part, whether before or after the commencement of this 15 section. 16 `(2) The detainee can not be released under section 18(5)(b) or 17 (6A)(b).'. 18 Part 5 Amendment of Criminal Law 19 (Sexual Offences) Act 1978 20 Clause 128 Act amended in pt 5 21 This part amends the Criminal Law (Sexual Offences) Act 22 1978. 23 Page 66

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 5 Amendment of Criminal Law (Sexual Offences) Act 1978 [s 129] Clause 129 Amendment of s 6 (Publication at large of complainant's 1 identity prohibited) 2 (1) Section 6-- 3 insert-- 4 `(3) A person must not make or publish a report that contravenes 5 subsection (1). 6 Maximum penalty-- 7 (a) for an individual--100 penalty units or 2 years 8 imprisonment; or 9 (b) for a corporation--1000 penalty units. 10 `(4) If the court makes an order under subsection (2) about the 11 making or publishing of a report, a person who makes or 12 publishes a report that contravenes the order commits an 13 offence. 14 Maximum penalty-- 15 (a) for an individual--100 penalty units or 2 years 16 imprisonment; or 17 (b) for a corporation--1000 penalty units. 18 `(5) The fact that a person is liable to a penalty for an offence 19 under subsection (4) does not prevent the person being dealt 20 with for contempt of court evidenced by the person's 21 offence.'. 22 Clause 130 Amendment of s 7 (Publication prematurely of 23 defendant's identity prohibited) 24 (1) Section 7-- 25 insert-- 26 `(3) A person must not make or publish a report that contravenes 27 subsection (1). 28 Maximum penalty-- 29 (a) for an individual--100 penalty units or 2 years 30 imprisonment; or 31 Page 67

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 5 Amendment of Criminal Law (Sexual Offences) Act 1978 [s 131] (b) for a corporation--1000 penalty units. 1 `(4) If justices makes an order under subsection (2) about the 2 making or publishing of a report, a person who makes or 3 publishes a report that contravenes the order commits an 4 offence. 5 Maximum penalty-- 6 (a) for an individual--100 penalty units or 2 years 7 imprisonment; or 8 (b) for a corporation--1000 penalty units. 9 `(5) The fact that a person is liable to a penalty for an offence 10 under subsection (4) does not prevent the person being dealt 11 with for contempt of court evidenced by the person's 12 offence.'. 13 Clause 131 Amendment of s 8 (Exempted reports) 14 (1) Section 8(1)(a) to (c), at the end-- 15 insert-- 16 `or'. 17 (2) Section 8(1)-- 18 insert-- 19 `(d) a report made to or on behalf of the department for the 20 time being administering the Education (General 21 Provisions) Act 2006 or the Vocational Education, 22 Training and Employment Act 2000 for the purposes of 23 the department to or on behalf of which it is made, if the 24 report relates to a defendant mentioned in column 1, 25 item 5(1) or 7 of the table in the Criminal Law 26 (Rehabilitation of Offenders) Act 1986, section 9A; or 27 (e) a report made to or on behalf of the Crime and 28 Misconduct Commission under the Crime and 29 Misconduct Act 2001.'. 30 Page 68

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 5 Amendment of Criminal Law (Sexual Offences) Act 1978 [s 132] Clause 132 Amendment of s 10 (Offences and penalty) 1 (1) Section 10, heading-- 2 omit, insert-- 3 `10 When other publication of complainant's or defendant's 4 identity is prohibited'. 5 (2) Section 10(1) and (2)-- 6 omit. 7 (3) Section 10(3), after `employment'-- 8 insert-- 9 `, or any other particular that is likely to lead to the 10 identification,'. 11 (4) Section 10(3), `against this Act'-- 12 omit. 13 (5) Section 10(3)-- 14 insert-- 15 `Maximum penalty-- 16 (a) for an individual--100 penalty units or 2 years 17 imprisonment; or 18 (b) for a corporation--1000 penalty units.'. 19 (6) Section 10(3)-- 20 renumber as section 10(1). 21 (7) Section 10(4) and (5)-- 22 omit, insert-- 23 `(2) It is a defence to a proceeding for an offence against 24 subsection (1)(a) for a person to prove that, before the relevant 25 statement or representation was made or published-- 26 (a) the complainant authorised in writing the making or the 27 publishing of the statement or representation; and 28 Page 69

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 6 Amendment of Penalties and Sentences Act 1992 [s 133] (b) when the complainant authorised the making or the 1 publishing of the statement or representation, the 2 complainant-- 3 (i) was at least 18 years; and 4 (ii) had capacity to give the authorisation. 5 `(3) In this section-- 6 capacity see the Guardianship and Administration Act 2000, 7 schedule 4.'. 8 Clause 133 Insertion of new s 10A 9 After section 10-- 10 insert-- 11 `10A Provisions do not affect other laws 12 `Sections 6, 7 and 10 are not intended to prevent a person 13 from giving information that is permitted or required to be 14 given under another law.'. 15 Clause 134 Amendment of s 11 (Authorised purposes) 16 Section 11(3) and (4), `section 10(3)'-- 17 omit, insert-- 18 `section 10(1)'. 19 Part 6 Amendment of Penalties and 20 Sentences Act 1992 21 Clause 135 Act amended in pt 6 22 This part amends the Penalties and Sentences Act 1992. 23 Page 70

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 6 Amendment of Penalties and Sentences Act 1992 [s 136] Clause 136 Amendment of s 9 (Sentencing guidelines) 1 (1) Section 9(2)(c), from `any'-- 2 omit, insert-- 3 `-- 4 (i) any physical or emotional harm done to a victim; 5 and 6 (ii) the effect of the offence on any child under 16 7 years who may have been directly exposed to, or a 8 witness to, the offence; and'. 9 (2) Section 9(6), `the following'-- 10 omit. 11 (3) Section 9(6), paragraphs (a) to (i), after `;'-- 12 insert-- 13 `and'. 14 (4) Section 9-- 15 insert-- 16 `(6A) Also, the principles mentioned in subsection (2)(a) do not 17 apply to the sentencing of an offender for the following 18 offences-- 19 (a) an offence against the Classification of Computer 20 Games and Images Act 1995, section 28 if the 21 objectionable computer game is a child abuse computer 22 game under the Act; 23 (b) an offence against any of the following provisions of the 24 Classification of Films Act 1991-- 25 (i) section 41(3) or 42(3) or (4); 26 (ii) section 43, if the offence involves a child abuse 27 film under the Act; 28 (c) an offence against any of the following provisions of the 29 Classification of Publications Act 1991-- 30 (i) section 14; 31 Page 71

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 6 Amendment of Penalties and Sentences Act 1992 [s 137] (ii) section 12, 13, 15, 16 or 17 if the offence involves 1 a child abuse publication or child abuse 2 photograph under the Act; 3 (d) an offence against the Criminal Code, section 228A, 4 228B, 228C or 228D. 5 `(6B) In sentencing an offender to whom subsection (6A) applies, 6 the court must have regard primarily to-- 7 (a) the nature of any image of a child that the offence 8 involved, including the apparent age of the child and the 9 activity shown; and 10 (b) the need to deter similar behaviour by other offenders to 11 protect children; and 12 (c) the prospects of rehabilitation including the availability 13 of any medical or psychiatric treatment to cause the 14 offender to behave in a way acceptable to the 15 community; and 16 (d) the offender's antecedents, age and character; and 17 (e) any remorse or lack of remorse of the offender; and 18 (f) any medical, psychiatric, prison or other relevant report 19 relating to the offender; and 20 (g) anything else about the safety of children under 16 the 21 sentencing court considers relevant.'. 22 Clause 137 Amendment of s 15E (Meaning of disqualifying offence) 23 Section 15E(4), definition offence of a sexual nature, `209,'-- 24 omit. 25 Clause 138 Amendment of s 20 (Contravention of order) 26 (1) Section 20-- 27 insert-- 28 `(1A) Also, without limiting subsection (1), if the offender 29 contravenes a drug diversion condition of the offender's 30 Page 72

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 6 Amendment of Penalties and Sentences Act 1992 [s 139] recognisance, the proper officer of the court may bring the 1 offender back before the court by giving notice to the offender 2 that the proceeding for the offence is to be heard by the court 3 on a stated day.'. 4 (2) Section 20(2), from `When' to `subsection (1)(b),'-- 5 omit, insert-- 6 `When the offender appears before the court, whether under 7 the warrant issued under subsection (1)(b) or under a notice 8 given under subsection (1A),'. 9 Clause 139 Amendment of s 146 (Consequences of committing 10 offence during operational period) 11 (1) Section 146(1)(a)(ii)-- 12 omit, insert-- 13 `(ii) is satisfied that the offence was committed 14 during-- 15 (A) the operational period of an order made 16 under section 144; or 17 (B) an extension of the operational period 18 ordered under section 147(1)(a)(i); or 19 (C) a further stated operational period ordered 20 under section 147(1)(a)(ii)(B); or'. 21 (2) Section 146(1)(b)(ii)-- 22 omit, insert-- 23 `(ii) the offence was committed during-- 24 (A) the operational period of an order made 25 under section 144; or 26 (B) an extension of the operational period 27 ordered under section 147(1)(a)(i); or 28 (C) a further stated operational period ordered 29 under section 147(1)(a)(ii)(B).'. 30 Page 73

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 6 Amendment of Penalties and Sentences Act 1992 [s 140] Clause 140 Amendment of s 146A (Summons or warrant for offender 1 whose sentence of imprisonment has been suspended) 2 Section 146A(1)(a)-- 3 omit, insert-- 4 `(a) an order has been made under section 144 or 147(1)(a) 5 for an offender; and'. 6 Clause 141 Amendment of s 147 (Power of court mentioned in s 146) 7 Section 147(5), definition subsequent offence-- 8 omit, insert-- 9 `subsequent offence means the offence committed during-- 10 (a) the operational period of an order made under section 11 144 for the original offence; or 12 (b) an extension of the operational period ordered under 13 section 147(1)(a)(i) for the original offence; or 14 (c) a further stated operational period ordered under section 15 147(1)(a)(ii)(B) for the original offence.'. 16 Clause 142 Amendment of s 160 (Definitions for div 3) 17 Section 160, definition impose, from `serve'-- 18 omit, insert-- 19 `serve-- 20 (a) the whole or part of suspended imprisonment for the 21 offence; and 22 (b) the unexpired portion of an intensive correction order 23 for the offence.'. 24 Clause 143 Insertion of new s 216 25 After section 215-- 26 insert-- 27 Page 74

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 6 Amendment of Penalties and Sentences Act 1992 [s 144] `216 Transitional provision for Criminal Code and Other Acts 1 Amendment Act 2008 2 `(1) The definition offence of a sexual nature in section 15E(4) 3 applies as if the reference to the Criminal Code, section 208 4 included a reference to the Criminal Code, section 209 as in 5 force at any time before its repeal by the Criminal Code and 6 Other Acts Amendment Act 2008. 7 `(2) The Criminal Code items in the schedule apply as if the 8 reference in the item mentioned in column 1 to the provision 9 of the Criminal Code mentioned in column 2 included a 10 reference to the provision of the Criminal Code mentioned in 11 column 3 as in force at any time before the commencement of 12 this section. 13 Column 1 Column 2 Column 3 2 61 63 5 208 209 23 319 319A'. Clause 144 Amendment of schedule (Serious violent offences) 14 (1) Schedule, items 2, 6, 23 and 24-- 15 omit. 16 (2) Schedule-- 17 insert-- 18 `2 section 61 (Riot) 19 23 section 319 (Endangering the safety of a person in a vehicle 20 with intent)'. 21 (3) Schedule, item 10, `intellectually impaired persons'-- 22 omit, insert-- 23 `persons with an impairment of the mind'. 24 (4) Schedule, item 21, `317A'-- 25 omit, insert-- 26 Page 75

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 7 Amendment of Summary Offences Act 2005 [s 145] `317A(1)'. 1 (5) Schedule, item 29, `Maliciously administering'-- 2 omit, insert-- 3 `Administering'. 4 (6) Schedule, item 30, `and similar acts'-- 5 omit. 6 Part 7 Amendment of Summary 7 Offences Act 2005 8 Clause 145 Act amended in pt 7 9 This part amends the Summary Offences Act 2005. 10 Clause 146 Insertion of new pt 2, div 1A 11 Part 2-- 12 insert-- 13 `Division 1A Unlawful assembly offences 14 `10A Unlawful assembly 15 `(1) If-- 16 (a) 3 or more persons are present together for a common 17 purpose; and 18 (b) the conduct of them taken together would cause a person 19 in the vicinity to reasonably fear that unlawful violence 20 will be used to a person or property; 21 each of the persons commits an offence. 22 Maximum penalty-- 23 Page 76

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 7 Amendment of Summary Offences Act 2005 [s 147] (a) if-- 1 (i) the offender continues to participate in the 2 unlawful assembly after anyone in the assembly 3 has used unlawful violence to a person or property; 4 and 5 (ii) the offender knows of, or ought reasonably to 6 know of, the violence--2 years imprisonment; or 7 (b) otherwise--1 year's imprisonment. 8 `(2) The following are immaterial-- 9 (a) whether the original assembling was lawful or unlawful; 10 (b) what the common purpose is and whether it is lawful or 11 unlawful; 12 (c) whether there is or is likely to be a person in the vicinity 13 who holds the fear mentioned in subsection (1)(b). 14 `(3) In this section-- 15 unlawful assembly means an assembly of persons who 16 commit the offence under subsection (1).'. 17 Clause 147 Amendment of s 18 (Particular body piercing of minor 18 prohibited) 19 (1) Section 18(1), penalty, paragraph (b), `an intellectually 20 impaired person'-- 21 omit, insert-- 22 `a person with an impairment of the mind'. 23 (2) Section 18(3), definition intellectually impaired person-- 24 omit, insert-- 25 `person with an impairment of the mind see the Criminal 26 Code, section 1.'. 27 Clause 148 Amendment of s 25 (Use of vehicles) 28 Section 25(a), after `unlawfully'-- 29 Page 77

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 7 Amendment of Summary Offences Act 2005 [s 149] insert-- 1 `enter or'. 2 Clause 149 Insertion of new s 25A 3 Part 2, after section 25-- 4 insert-- 5 `25A Advertising a reward for the return of stolen 6 property etc. 7 `(1) A person must not-- 8 (a) unlawfully offer a reward for the return of stolen or lost 9 property; or 10 (b) unlawfully print or publish an offer of a reward for the 11 return of stolen or lost property. 12 Maximum penalty--2 penalty units. 13 `(2) A person unlawfully offers a reward for the return of stolen or 14 lost property if the person offering the reward makes the offer 15 publicly and-- 16 (a) indicates in the offer that no questions will be asked, or 17 that the person producing the property will not be seized 18 or molested; or 19 (b) offers to return to any person who may have bought or 20 advanced money by way of loan on stolen or lost 21 property the money paid or advanced, or to give to the 22 person any other sum of money or reward, for the return 23 of the property. 24 `(3) A person unlawfully prints or publishes an offer of a reward 25 for the return of stolen or lost property if the person publicly 26 prints or publishes an offer of a reward that-- 27 (a) indicates in the offer that no questions will be asked, or 28 that the person producing the property will not be seized 29 or molested; or 30 (b) offers to return to any person who may have bought or 31 advanced money by way of loan on stolen or lost 32 Page 78

 


 

Criminal Code and Other Acts Amendment Bill 2008 Part 8 Other Acts amended [s 150] property the money paid or advanced, or to give to the 1 person any other sum of money or reward, for the return 2 of the property.'. 3 Part 8 Other Acts amended 4 Clause 150 Acts amended in schedule 5 The schedule amends the Acts it mentions. 6 Page 79

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule Schedule Other minor and consequential 1 amendments 2 section 150 3 Child Protection (Offender Reporting) Act 2004 4 1 After part 6-- 5 insert-- 6 `Part 7 Transitional 7 `79 Transitional provision for the Criminal Code and Other 8 Acts Amendment Act 2008 9 `Schedule 1 applies as if the reference to the Criminal Code, 10 section 208 included a reference to the Criminal Code, section 11 209 as in force at any time before its repeal by the Criminal 12 Code and Other Acts Amendment Act 2008.'. 13 2 Schedule 1, item 1(a), entry for the Criminal Code, section 14 209-- 15 omit. 16 Commission for Children and Young People and Child 17 Guardian Act 2000 18 1 Part 9-- 19 insert-- 20 Page 80

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule `Division 12 Transitional provision for Criminal 1 Code and Other Acts Amendment 2 Act 2008 3 `231 References in schs 2 and 2B to Criminal Code offence 4 `Schedules 2 and 2B apply as if a reference to the Criminal 5 Code, section 208 included a reference to the Criminal Code, 6 section 209 as in force at any time before its repeal by the 7 Criminal Code and Other Acts Amendment Act 2008.'. 8 2 Schedule 2, entry for the Criminal Code, section 209-- 9 omit. 10 3 Schedule 2, entry for the Criminal Code, section 216, 11 `intellectually impaired persons'-- 12 omit, insert-- 13 `persons with an impairment of the mind'. 14 4 Schedule 2, entry for the Criminal Code, section 322-- 15 omit, insert-- 16 `322 Administering Only if an offender was or could have poison with intent been liable for a penalty as mentioned in to harm section 322, penalty, paragraph (a)'. 5 Schedule 2B, entry for the Criminal Code, section 209-- 17 omit. 18 6 Schedule 2B, entry for the Criminal Code, section 216, 19 `intellectually impaired persons'-- 20 omit, insert-- 21 `persons with an impairment of the mind'. 22 Page 81

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule Community Services Act 2007 1 1 Part 13, before section 136-- 2 insert-- 3 `Division 1 Provisions for Act No. 38 of 2007'. 4 2 Section 136, heading, `pt 13'-- 5 omit, insert-- 6 `div 1'. 7 3 Section 136, `part'-- 8 omit, insert-- 9 `division'. 10 4 Part 13-- 11 insert-- 12 `Division 2 Provision for Criminal Code and 13 Other Acts Amendment Act 2008 14 `140 Reference in sch 2 to Criminal Code offence 15 `Schedule 2 applies as if the reference to the Criminal Code, 16 section 208 included a reference to the Criminal Code, section 17 209 as in force at any time before its repeal by the Criminal 18 Code and Other Acts Amendment Act 2008.'. 19 5 Schedule 2, entry for the Criminal Code, section 209-- 20 omit. 21 Page 82

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule 6 Schedule 2, entry for the Criminal Code, section 216, 1 `intellectually impaired persons'-- 2 omit, insert-- 3 `persons with an impairment of the mind'. 4 7 Schedule 2, entry for the Criminal Code, section 322-- 5 omit, insert-- 6 `322 Administering Only if an offender was or could have poison with intent been liable for a penalty as mentioned in to harm section 322, penalty, paragraph (a)'. Corrective Services Act 2006 7 1 After chapter 7A-- 8 insert-- 9 `Chapter 7B Transitional provision for 10 Criminal Code and Other 11 Acts Amendment Act 2008 12 `478C Reference in sch 1 to Criminal Code provision 13 `Schedule 1 applies as if the reference to the Criminal Code, 14 section 208 included a reference to the Criminal Code, section 15 209 as in force at any time before its repeal by the Criminal 16 Code and Other Acts Amendment Act 2008.'. 17 2 Schedule 1, entry for the Criminal Code, section 209-- 18 omit. 19 Page 83

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule 3 Schedule 1, entry for the Criminal Code, section 216, 1 `intellectually impaired persons'-- 2 omit, insert-- 3 `persons with an impairment of the mind'. 4 Criminal Law Amendment Act 1892 5 1 Section 4(1), `, or any of the crimes defined in the 6 Criminal Code, sections 81(2) and 82'-- 7 omit. 8 Disability Services Act 2006 9 1 Part 16, division 2, heading-- 10 omit, insert-- 11 `Division 2 Transitional provisions for Act No. 12 12 of 2006'. 13 2 Part 16-- 14 insert-- 15 `Division 3 Transitional provision for Criminal 16 Code and Other Acts Amendment 17 Act 2008 18 `241 References in schs 3 and 5 to Criminal Code offence 19 `Schedules 3 and 5 apply as if a reference to the Criminal 20 Code, section 208 included a reference to the Criminal Code, 21 Page 84

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule section 209 as in force at any time before its repeal by the 1 Criminal Code and Other Acts Amendment Act 2008.'. 2 3 Schedule 3, entry for the Criminal Code, section 209-- 3 omit. 4 4 Schedule 3, entry for the Criminal Code, section 216, 5 `intellectually impaired persons'-- 6 omit, insert-- 7 `persons with an impairment of the mind'. 8 5 Schedule 3, entry for the Criminal Code, section 322-- 9 omit, insert-- 10 `322 Administering Only if an offender was or could have poison with intent been liable for a penalty as mentioned in to harm section 322, penalty, paragraph (a)'. 6 Schedule 5, entry for the Criminal Code, section 209-- 11 omit. 12 7 Schedule 5, entry for the Criminal Code, section 216, 13 `intellectually impaired persons'-- 14 omit, insert-- 15 `persons with an impairment of the mind'. 16 Page 85

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule District Court of Queensland Act 1967 1 1 Section 61(2)(b), `64, 65'-- 2 omit, insert-- 3 `61'. 4 2 Section 61(2)(b), `319A,'-- 5 omit. 6 3 Part 12-- 7 insert-- 8 `142 Transitional provision for Criminal Code and Other Acts 9 Amendment Act 2008 10 `(1) Section 61 applies as if the reference in section 61(2)(b) to the 11 Criminal Code, section 61 included a reference to the 12 Criminal Code, sections 64 and 65 as in force at any time 13 before their repeal by the Criminal Code and Other Acts 14 Amendment Act 2008. 15 `(2) Section 61 applies as if the reference in section 61(2)(b) to the 16 Criminal Code, section 319 included a reference to the 17 Criminal Code, section 319A as in force at any time before its 18 repeal by the Criminal Code and Other Acts Amendment Act 19 2008.'. 20 Drugs Misuse Act 1986 21 1 Section 117(1), `section 536'-- 22 omit, insert-- 23 `sections 535 and 536'. 24 Page 86

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule 2 Part 7-- 1 insert-- 2 `Division 6 Provision for Criminal Code and 3 Other Acts Amendment Act 2008 4 `141 Reference in schedule to Criminal Code offence 5 `The schedule applies as if the reference to the Criminal Code, 6 section 415 included a reference to the Criminal Code, section 7 415 as in force at any time before its repeal by the Criminal 8 Code and Other Acts Amendment Act 2008.'. 9 3 Schedule, item 9-- 10 omit, insert-- 11 `9 section 415 (Extortion)'. 12 Evidence Act 1977 13 1 Section 21AC, definition offence involving violence, 14 `319A,'-- 15 omit. 16 2 Section 21AC, definition offence involving violence, `331, 17 332,'-- 18 omit. 19 3 Section 21M(1)(b), `an intellectually impaired person'-- 20 omit, insert-- 21 `a person with an impairment of the mind'. 22 Page 87

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule 4 Section 21M(3), definition prescribed offence, `338,'-- 1 omit. 2 5 Section 21M(3), definition prescribed offence, `416, 3 417,'-- 4 omit. 5 6 Section 21M(3), definition prescribed special offence, 6 `209,'-- 7 omit. 8 7 Section 93A, heading, `intellectually impaired person'-- 9 omit, insert-- 10 `person with an impairment of the mind'. 11 8 Section 93A(1)(a), `an intellectually impaired person'-- 12 omit, insert-- 13 `a person with an impairment of the mind'. 14 9 Section 144, heading, `intellectually impaired person'-- 15 omit, insert-- 16 `person with an impairment of the mind'. 17 10 Part 9-- 18 insert-- 19 Page 88

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule `Division 5 Criminal Code and Other Acts 1 Amendment Act 2008 2 `146 References to particular Criminal Code offences 3 `(1) The definition offence involving violence in section 21AC 4 applies as if it included a reference to the Criminal Code, 5 sections 319A, 331 and 332 as in force at any time before 6 their repeal by the amending Act. 7 `(2) The definition prescribed offence in section 21M(3) applies as 8 if it included a reference to the Criminal Code, section 338 as 9 in force at any time before its repeal by the amending Act. 10 `(3) The definition prescribed offence in section 21M(3) applies as 11 if the reference to the Criminal Code, section 415 included a 12 reference to the Criminal Code, sections 415, 416 and 417 as 13 in force at any time before their repeal by the amending Act. 14 `(4) The definition prescribed special offence in section 21M(3) 15 applies as if the reference to the Criminal Code, section 208 16 included a reference to the Criminal Code, section 209 as in 17 force at any time before its repeal by the amending Act. 18 `(5) In this section-- 19 amending Act means the Criminal Code and Other Acts 20 Amendment Act 2008.'. 21 11 Schedule 2-- 22 omit. 23 12 Schedule 3, definition intellectually impaired person-- 24 omit. 25 13 Schedule 3-- 26 insert-- 27 `person with an impairment of the mind means a person with 28 a disability that-- 29 Page 89

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule (a) is attributable to an intellectual, psychiatric, cognitive or 1 neurological impairment or a combination of these; and 2 (b) results in-- 3 (i) a substantial reduction of the person's capacity for 4 communication, social interaction or learning; and 5 (ii) the person needing support.'. 6 Family Services Act 1987 7 1 Part 6, heading, `provision'-- 8 omit, insert-- 9 `provisions'. 10 2 Part 6-- 11 insert-- 12 `34 Reference in schedule to Criminal Code offences 13 `The schedule applies as if the reference to the Criminal Code, 14 section 415 included a reference to the Criminal Code, 15 sections 415, 416 and 417 as in force at any time before their 16 repeal by the Criminal Code and Other Acts Amendment Act 17 2008.'. 18 3 Schedule, items 22 to 24-- 19 omit, insert-- 20 `22 Section 415 (Extortion)'. 21 Page 90

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule Juvenile Justice Act 1992 1 1 Section 170(1)(c), `340(a)'-- 2 omit, insert-- 3 `340(1)(a)'. 4 2 Section 170(1)(c), `340(b)'-- 5 omit, insert-- 6 `340(1)(b)'. 7 3 Section 170(4), definition offence of a sexual nature, 8 `209,'-- 9 omit. 10 4 Part 11-- 11 insert-- 12 `Division 5 Transitional provision for Criminal 13 Code and Other Acts Amendment 14 Act 2008 15 `342 Reference to particular offence 16 `The definition offence of a sexual nature in section 170(4) 17 applies as if the reference to the Criminal Code, section 208 18 included a reference to the Criminal Code, section 209 as in 19 force at any time before its repeal by the Criminal Code and 20 Other Acts Amendment Act 2008.'. 21 Page 91

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule Police Powers and Responsibilities Act 2000 1 1 Section 351, definition relevant proceeding, paragraph 2 (g), `intellectually impaired person'-- 3 omit, insert-- 4 `a person with an impairment of the mind'. 5 2 Section 538(1)(f), `an intellectually impaired person'-- 6 omit, insert-- 7 `a person with an impairment of the mind'. 8 3 Chapter 24-- 9 insert-- 10 `Part 10 Transitional provision for 11 Criminal Code and Other Acts 12 Amendment Act 2008 13 `865 Reference to particular offences 14 `Schedules 3 and 5 apply as if a reference to the Summary 15 Offences Act 2005, section 25 included a reference to the 16 Criminal Code, section 426 as in force at any time before its 17 repeal by the Criminal Code and Other Acts Amendment Act 18 2008.'. 19 4 Schedule 3, entry for the Criminal Code, section 426-- 20 omit. 21 5 Schedule 3, entry for the Criminal Code, section 470A(1), 22 `explosives'-- 23 omit, insert-- 24 `explosive or noxious substances'. 25 Page 92

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule 6 Schedule 3, entries for the Criminal Code, sections 544 1 and 545(1)-- 2 omit, insert-- 3 ` section 544(1) (Accessories after the fact to offences) 4 section 544(2) or (3) (Accessories after the fact to 5 offences) if the maximum penalty for the offence is less 6 than 3 years imprisonment'. 7 7 Schedule 3-- 8 insert-- 9 `9A Summary Offences Act 2005 10 `An offence against the Summary Offences Act 2005, section 11 25 (Use of vehicles).'. 12 8 Schedule 5, part 1, entries for the Criminal Code, sections 13 544 and 545-- 14 omit, insert-- 15 ` section 544(1) (Accessories after the fact to offences) 16 section 544(2) or (3) (Accessories after the fact to 17 offences) if, in the circumstances of the offence, the 18 offence is not a seven year imprisonment offence.'. 19 9 Schedule 5, part 2, entry for the Criminal Code, section 20 426-- 21 omit. 22 10 Schedule 5, part 2-- 23 insert-- 24 `9A Summary Offences Act 2005 25 `An offence against the Summary Offences Act 2005, section 26 25 (Use of vehicles).'. 27 Page 93

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule 11 Schedule 6, definition riot-- 1 omit. 2 Private Employment Agents Act 2005 3 1 Section 39(3), definition offence of a sexual nature, 4 `209,'-- 5 omit. 6 2 After part 7-- 7 insert-- 8 `Part 8 Transitional 9 `52 Transitional provision for the Criminal Code and Other 10 Acts Amendment Act 2008 11 `Section 39(3), definition offence of a sexual nature applies as 12 if the reference to the Criminal Code, section 208 included a 13 reference to the Criminal Code, section 209 as in force at any 14 time before its repeal by the Criminal Code and Other Acts 15 Amendment Act 2008.'. 16 Prostitution Act 1999 17 1 Section 134A(1), `intellectual impairment'-- 18 omit, insert-- 19 `impairment of the mind'. 20 Page 94

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule 2 Section 134A(6), definition person with an intellectual 1 impairment-- 2 omit, insert-- 3 `person with an impairment of the mind see the Criminal 4 Code, section 1.'. 5 3 Part 9-- 6 insert-- 7 `Division 4 Transitional provision for Criminal 8 Code and Other Acts Amendment 9 Act 2008 10 `151 References in sch 1 to Criminal Code offences 11 `Schedule 1 applies as if the reference to the Criminal Code, 12 section 415 included a reference to the Criminal Code, section 13 415 as in force at any time before its repeal by the Criminal 14 Code and Other Acts Amendment Act 2008.'. 15 4 Schedule 1, item 6, `359'-- 16 omit, insert-- 17 `350'. 18 5 Schedule 1, item 9-- 19 omit, insert-- 20 `9 section 415 (Extortion)'. 21 6 Schedule 1, items 10 and 11, `intellectually impaired 22 person'-- 23 omit, insert-- 24 `a person with an impairment of the mind'. 25 Page 95

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule Transport Operations (Passenger Transport) Act 1994 1 1 Schedule 1, part 1, item 1, `Unlawful 2 assemblies--breaches'-- 3 omit, insert-- 4 `Breaches'. 5 2 Schedule 1A, part 1, division 1, item 1, `an intellectually 6 impaired person'-- 7 omit, insert-- 8 `a person with an impairment of the mind'. 9 3 Schedule 1A, part 1, division 1, item 5, `intellectually 10 impaired persons'-- 11 omit, insert-- 12 `persons with an impairment of the mind'. 13 4 Schedule 1A, part 3, division 1, item 1, `Unlawful 14 assemblies--breaches'-- 15 omit, insert-- 16 `Breaches'. 17 Transport Operations (Road Use Management) Act 18 1995 19 1 Chapter 7-- 20 insert-- 21 Page 96

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule `Part 12 Transitional provision for 1 Criminal Code and Other Acts 2 Amendment Act 2008 3 `217 References to particular Criminal Code offence 4 `Schedule 2 applies as if the reference to the Criminal Code, 5 section 323 included a reference to the Criminal Code, section 6 323 as in force at any time before its repeal by the Criminal 7 Code and Other Acts Amendment Act 2008.'. 8 2 Schedule 2, `section 323 (Wounding and similar acts)'-- 9 omit, insert-- 10 `section 322 (Administering poison with intent to harm) 11 section 323 (Wounding)'. 12 Workers' Compensation and Rehabilitation Act 2003 13 1 Section 537(1)(b), `, 430, 488 or 494'-- 14 omit, insert-- 15 `or 488'. 16 2 After chapter 21-- 17 insert-- 18 Page 97

 


 

Criminal Code and Other Acts Amendment Bill 2008 Schedule `Chapter 22 Transitional provision for 1 Criminal Code and Other 2 Acts Amendment Act 2008 3 `655 References in s 537 to Criminal Code offences 4 `Section 537(1)(b) applies as if it included a reference to the 5 Criminal Code, sections 430 and 494 as in force at any time 6 before their repeal by the Criminal Code and Other Acts 7 Amendment Act 2008.'. 8 State of Queensland 2008 Page 98

 


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