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


CRIMINAL CODE (DRINK SPIKING) AND OTHER ACTS AMENDMENT BILL 2006

          Queensland



Criminal Code (Drink Spiking)
and Other Acts Amendment
Bill 2006

 


 

 

Queensland Criminal Code (Drink Spiking) and Other Acts Amendment Bill 2006 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Criminal Code 3 Code amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Insertion of new s 316A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 316A Unlawful drink spiking. . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 552B (Charges of indictable offences that may be dealt with summarily). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Part 3 Amendment of Corrective Services Act 2006 6 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Amendment of s 82 (Leave for other particular prisoners) . . . . . . 6 8 Insertion of new ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Chapter 7A Transitional provisions for Criminal Code (Drink Spiking) and Other Acts Amendment Act 2006 478A Previous expectations of sexual offenders about leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 478B Previous expectations of sexual offenders about resettlement leave . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Part 4 Amendment of Dangerous Prisoners (Sexual Offenders) Act 2003 9 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 10 Amendment of s 16 (Conditions for supervised release) . . . . . . . 9

 


 

 

2006 A Bill for An Act to amend the Criminal Code, and for other purposes

 


 

s1 4 s4 Criminal Code (Drink Spiking) and Other Acts Amendment Bill 2006 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Criminal Code (Drink Spiking) 4 and Other Acts Amendment Act 2006. 5 Clause 2 Commencement 6 Part 4 commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Criminal Code 8 Clause 3 Code amended in pt 2 9 This part amends the Criminal Code. 10 Clause 4 Insertion of new s 316A 11 After section 316-- 12 insert-- 13 `316A Unlawful drink spiking 14 `(1) A person who administers, or attempts to administer, in drink 15 a substance to another person without the other person having 16 knowledge of the substance with intent to cause the other 17 person to be stupefied and overpowered is guilty of a crime 18 and is liable to imprisonment for 5 years. 19 `(2) The following matters are immaterial-- 20 (a) whether the lack of knowledge of the substance is lack 21 of knowledge of the presence at all of the substance or 22 of the particular quantity of the substance; 23

 


 

s4 5 s4 Criminal Code (Drink Spiking) and Other Acts Amendment Bill 2006 (b) whether the substance is capable of having the effect 1 intended; 2 (c) whether a particular person is intended to be the person 3 to whom the substance is administered or attempted to 4 be administered. 5 `(3) A reference to causing a person to be stupefied and 6 overpowered is a reference to causing a person to be stupefied 7 and overpowered in circumstances where the person is not 8 intending to be stupefied and overpowered. 9 `(4) This section does not apply to an act lawfully done in the 10 course of the practice of a health professional, the carrying out 11 of a function under an Act or the performance of the 12 responsibilities of a parent or carer. 13 `(5) In relation to an attempt to administer a substance, for this 14 section and section 4, attempt includes adding a substance to 15 drink in preparation for the administration of the substance. 16 `(6) It is a defence for a person charged with an offence against 17 this section to prove-- 18 (a) the substance that was administered, or attempted to be 19 administered, was not a dangerous drug; and 20 (b) the substance was administered, or attempted to be 21 administered, as a prank. 22 `(7) In this section-- 23 adding a substance, to drink, includes, without limiting 24 section 7, the following-- 25 (a) cause to be added to drink; 26 (b) substitute drink with other drink containing the 27 substance; 28 (c) take any step to provide drink containing the substance 29 instead of other drink. 30 circumstances, where a person is not intending to be stupefied 31 and overpowered, includes any circumstance of timing, place, 32 condition, or way of stupefaction and overpowering. 33 dangerous drug see the Drugs Misuse Act 1986, section 4. 34

 


 

s5 6 s7 Criminal Code (Drink Spiking) and Other Acts Amendment Bill 2006 drink includes water, beverage, or other liquid, intended or 1 prepared for human consumption. 2 health professional has the meaning given by the Health 3 Services Act 1991, section 60. 4 prank means a trick of a playful nature and not a trick of a 5 malicious nature. 6 stupefy and overpower includes stupefy and overpower by 7 intoxication.'. 8 Clause 5 Amendment of s 552B (Charges of indictable offences 9 that may be dealt with summarily) 10 Section 552B(1)-- 11 insert-- 12 `(ia) an offence against section 316A;1'. 13 Part 3 Amendment of Corrective 14 Services Act 2006 15 Clause 6 Act amended in pt 3 16 This part amends the Corrective Services Act 2006. 17 Clause 7 Amendment of s 82 (Leave for other particular prisoners) 18 Section 82(1)-- 19 insert-- 20 `(e) a prisoner detained, other than as mentioned in 21 paragraph (d), for a sexual offence.'. 22 1 Section 316A (Unlawful drink spiking)

 


 

s8 7 s8 Criminal Code (Drink Spiking) and Other Acts Amendment Bill 2006 Clause 8 Insertion of new ch 7A 1 After chapter 7-- 2 insert-- 3 `Chapter 7A Transitional provisions for 4 Criminal Code (Drink 5 Spiking) and Other Acts 6 Amendment Act 2006 7 `478A Previous expectations of sexual offenders about 8 leave of absence 9 `(1) This section applies to a prisoner sentenced for a sexual 10 offence committed before the commencement of this section 11 (the commencement), whether or not the prisoner was 12 sentenced for the offence after the commencement. 13 `(2) If, before the commencement, the prisoner had an expectation 14 to be granted prohibited leave after the commencement, it is 15 extinguished. 16 `(3) An application for prohibited leave made by the prisoner, but 17 not decided, before the commencement is of no effect. 18 `(4) If this section is inconsistent with section 473, this section 19 prevails to the extent of the inconsistency. 20 `(5) In this section-- 21 expectation includes right, privilege, entitlement and 22 eligibility. 23 prohibited leave means leave of absence other than 24 compassionate leave or health leave. 25 `478B Previous expectations of sexual offenders about 26 resettlement leave 27 `(1) This section applies to a prisoner to whom section 478A(1) 28 applies if-- 29

 


 

s8 8 s8 Criminal Code (Drink Spiking) and Other Acts Amendment Bill 2006 (a) the prisoner was granted resettlement leave before the 1 commencement of section 82(1)(e) (the 2 commencement); and 3 (b) the chief executive cancels the operation of the order for 4 the prisoner's resettlement leave under section 85(2) 5 because the Queensland board suspended or cancelled 6 the prisoner's resettlement leave program, whether 7 before or after the commencement. 8 `(2) The pre-amended Act applies for the purpose of the 9 following-- 10 (a) section 80; 11 (b) an amendment of the resettlement leave program; 12 (c) an application made under the Judicial Review Act 1991 13 in relation to the Queensland board's decision to 14 suspend or cancel the resettlement leave program. 15 `(3) If the Queensland board, whether before or after the 16 commencement, changes its decision to suspend or cancel its 17 approval of the resettlement leave program for the prisoner, 18 the chief executive must act under section 74 to give effect to 19 the changed decision as if section 9 of the amending Act had 20 not been enacted. 21 `(4) If the Queensland board, whether before or after the 22 commencement approves a resettlement leave program for the 23 prisoner following an order made under the Judicial Review 24 Act 1991, section 30, the chief executive must act under 25 section 74 in relation to the approved resettlement leave 26 program as if section 9 of the amending Act had not been 27 enacted. 28 `(5) If, in accordance with subsection (3) or (4), the chief 29 executive grants the prisoner resettlement leave, the 30 pre-amended Act applies to the prisoner for the resettlement 31 leave. 32 `(6) In this section-- 33 amending Act means the Criminal Code (Drink Spiking) and 34 Other Acts Amendment Act 2006. 35

 


 

s9 9 s 10 Criminal Code (Drink Spiking) and Other Acts Amendment Bill 2006 pre-amended Act means this Act as in force immediately 1 before the commencement of section 9 of the amending Act.'. 2 Part 4 Amendment of Dangerous 3 Prisoners (Sexual Offenders) 4 Act 2003 5 Clause 9 Act amended in pt 4 6 This part amends the Dangerous Prisoners (Sexual Offenders) 7 Act 2003. 8 Clause 10 Amendment of s 16 (Conditions for supervised release) 9 Section 16(2)(a), examples-- 10 omit, insert-- 11 12 `Examples for paragraph (a)-- 13 an order that the prisoner must not knowingly reside with a 14 convicted sexual offender 15 an order that the prisoner must not, without reasonable 16 excuse, be within 200m of a school 17 an order that the prisoner must wear a device for monitoring 18 the prisoner's location'. State of Queensland 2006

 


 

AMENDMENTS TO BILL

1 Criminal Code (Drink Spiking) and Other Acts Amendment Bill 2006 Criminal Code (Drink Spiking) and Other Acts Amendment Bill 2006 Amendments agreed to during Consideration 1 Clause 4-- At page 4, line 14 to page 6, line 8-- omit, insert-- `316A Unlawful drink spiking `(1) A person who administers, or attempts to administer, in drink a substance to another person (the other person) without the other person having knowledge of the substance with intent to cause the other person to be stupefied or overpowered is guilty of a crime and is liable to imprisonment for 5 years. `(2) If the substance is alcohol, for section 24 only, the circumstances in which the other person is taken to have knowledge of the alcohol include where the other person would not object to the administration of the alcohol if the other person had actual knowledge of it. `(3) The following matters are immaterial-- (a) whether the lack of knowledge of the substance is lack of knowledge of the presence at all of the substance or of the particular quantity of the substance; (b) whether the substance is capable of having the effect intended; (c) whether a particular person is intended to be the person to whom the substance is administered or attempted to be administered. `(4) A reference to causing the other person to be stupefied or overpowered is-- (a) a reference to causing the other person to be stupefied or overpowered in circumstances where the other person is not intending to be stupefied or overpowered at all; or

 


 

2 Criminal Code (Drink Spiking) and Other Acts Amendment Bill 2006 (b) a reference to causing the other person to be further stupefied or overpowered in circumstances where the other person is not intending to be further stupefied or overpowered at all or to the extent intended by the person who administers, or attempts to administer, the substance. `(5) This section does not apply to an act lawfully done in the course of the practice of a health professional, the carrying out of a function under an Act or the performance of the responsibilities of a parent or carer. `(6) In relation to an attempt to administer a substance, for this section and section 4, attempt includes adding a substance to drink in preparation for the administration of the substance. `(7) In this section-- adding a substance, to drink, includes, without limiting section 7, the following-- (a) cause to be added to drink; (b) substitute drink with other drink containing the substance; (c) take any step to provide drink containing the substance instead of other drink. circumstances, where the other person is not intending to be stupefied or overpowered, includes any circumstance of timing, place, condition, or way of stupefaction or overpowering. dangerous drug see the Drugs Misuse Act 1986, section 4. drink includes water, beverage, or other liquid, intended or prepared for human consumption. health professional has the meaning given by the Health Services Act 1991, section 60. stupefied or overpowered includes-- (a) a state of intoxication caused by alcohol, a drug or another substance; and (b) behavioural change caused by a dangerous drug, whether or not the mind is otherwise affected.'.

 


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