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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Criminal Law Amendment Bill
2012
Queensland
Criminal Law Amendment Bill 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Criminal Code
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 305 (Punishment of murder) . . . . . . . . . . . . . . . 4
4 Amendment of s 340 (Serious assaults) . . . . . . . . . . . . . . . . . . . 5
5 Insertion of new ch 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Chapter 90 Transitional provision for Criminal Law
Amendment Act 2012
729 Application of amendment Act . . . . . . . . . . . . . . . . . . 6
Part 3 Amendment of Corrective Services Act 2006
6 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 181 (Parole eligibility date for prisoner serving
term of imprisonment for life) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Insertion of new ch 7A, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 5 Transitional provision for Criminal Law
Amendment Act 2012
490A Application of amendment Act . . . . . . . . . . . . . . . . . . 8
Part 4 Amendment of Criminal Law Amendment Act 1945
9 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Amendment of s 18B (Parole orders under Corrective Services
Act 2006) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Part 5 Amendment of Penalties and Sentences Act 1992
11 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Replacement of s 15AH (Relevant considerations before giving
or reviewing guideline judgment) . . . . . . . . . . . . . . . . . . . . . . . . . 10
15AH Relevant considerations before giving or reviewing
guideline judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Criminal Law Amendment Bill 2012
Contents
14 Amendment of s 15AI (Procedural requirements if court decides
to give or review guideline judgment) . . . . . . . . . . . . . . . . . . . . . . 10
15 Amendment of s 160A (Application of ss 160B-160D) . . . . . . . . 10
16 Amendment of s 171 (Review--periodic) . . . . . . . . . . . . . . . . . . . 11
17 Omission of pt 12 (Sentencing Advisory Council) . . . . . . . . . . . . 12
18 Insertion of new pt 14, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 12
19 Insertion of new pt 14, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2 Transitional provisions for Criminal Law
Amendment Act 2012
221 Transitional provision for s 171 . . . . . . . . . . . . . . . . . . 12
222 Dissolution of Sentencing Advisory Council . . . . . . . . 13
Part 6 Amendment of Police Powers and Responsibilities Act 2000
20 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
21 Amendment of s 754 (Offence for driver of motor vehicle to fail
to stop motor vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 7 Amendment of Youth Justice Act 1992
22 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
23 Amendment of s 176 (Sentence orders--life and other
significant offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
24 Insertion of new pt 11, div 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 9 Transitional provision for Criminal Law
Amendment Act 2012
353 Application of Criminal Code, s 305 . . . . . . . . . . . . . . 15
Page 2
2012
A Bill
for
An Act to amend the Criminal Code, the Corrective Services
Act 2006, the Criminal Law Amendment Act 1945, the Penalties
and Sentences Act 1992, the Police Powers and
Responsibilities Act 2000 and the Youth Justice Act 1992 for
particular purposes
Criminal Law Amendment Bill 2012
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 Law Amendment Act 4
2012. 5
Part 2 Amendment of Criminal Code 6
Clause 2 Act amended 7
This part amends the Criminal Code. 8
Clause 3 Amendment of s 305 (Punishment of murder) 9
(1) Section 305(2), `20'-- 10
omit, insert-- 11
`30'. 12
(2) Section 305-- 13
insert-- 14
`(4) If-- 15
(a) the person killed was a police officer at the time the act 16
or omission that caused the person's death was done or 17
made; and 18
(b) the person being sentenced did the act or made the 19
omission that caused the police officer's death-- 20
(i) when-- 21
Page 4
Criminal Law Amendment Bill 2012
Part 2 Amendment of Criminal Code
[s 4]
(A) the police officer was performing the 1
officer's duty; and 2
(B) the person knew or ought reasonably to have 3
known that he or she was a police officer; or 4
(ii) because the police officer was a police officer; or 5
(iii) because of, or in retaliation for, the actions of the 6
police officer or another police officer in the 7
performance of the officer's duty; 8
the court sentencing the person must make an order that the 9
person must not be released from imprisonment until the 10
person has served a minimum of 25 or more specified years of 11
imprisonment, unless released sooner under exceptional 12
circumstances parole under the Corrective Services Act 13
2006.'. 14
Clause 4 Amendment of s 340 (Serious assaults) 15
(1) Section 340(1), `crime, and is liable to imprisonment for 7 16
years.'-- 17
omit, insert-- 18
`crime. 19
`Maximum penalty-- 20
(a) for subsection (1)(b), if the offender assaults a police 21
officer in any of the following circumstances-- 22
(i) the offender bites or spits on the police officer or 23
throws at, or in any way applies to, the police 24
officer a bodily fluid or faeces; 25
(ii) the offender causes bodily harm to the police 26
officer; 27
(iii) the offender is, or pretends to be, armed with a 28
dangerous or offensive weapon or instrument--14 29
years imprisonment; or 30
(b) otherwise--7 years imprisonment.'. 31
(2) Section 340(2A)-- 32
Page 5
Criminal Law Amendment Bill 2012
Part 2 Amendment of Criminal Code
[s 5]
omit. 1
Clause 5 Insertion of new ch 90 2
After section 728-- 3
insert-- 4
`Chapter 90 Transitional provision for 5
Criminal Law Amendment 6
Act 2012 7
`729 Application of amendment Act 8
`(1) Section 305, as amended by the amendment Act, section 3, to 9
the extent the amendment Act increases the minimum number 10
of years of imprisonment to be served, applies only if-- 11
(a) for section 305(2)(a), at least 1 conviction of murder is 12
for an offence committed after the commencement, even 13
if the other offence or offences were committed before 14
the commencement; or 15
(b) for section 305(2)(b), either the conviction of murder is 16
for, or the other offence of murder taken into account is 17
for, an offence committed after the commencement, 18
even if one of those offences was committed before the 19
commencement; or 20
(c) for section 305(2)(c), either the conviction of murder is 21
for, or the other offence of murder for which the person 22
has previously been sentenced is for, an offence 23
committed after the commencement, even if one of 24
those offences was committed before the 25
commencement; or 26
(d) for section 305(4), the conviction of murder is for an 27
offence committed after the commencement. 28
`(2) For an offence mentioned in subsection (1) as having been 29
committed before the commencement, for which there was a 30
Page 6
Criminal Law Amendment Bill 2012
Part 3 Amendment of Corrective Services Act 2006
[s 6]
conviction, it does not matter whether the conviction was 1
recorded before or after the commencement. 2
`(3) This section applies despite section 11 and the Acts 3
Interpretation Act 1954, section 20C(3). 4
`(4) In this section-- 5
amendment Act means the Criminal Law Amendment Act 6
2012. 7
commencement means the commencement of the amendment 8
Act, section 3. 9
minimum number of years of imprisonment to be served 10
means the minimum number of years of imprisonment a 11
person must serve before the person may be released from 12
imprisonment under an order made under section 305 by the 13
court sentencing the person.'. 14
Part 3 Amendment of Corrective 15
Services Act 2006 16
Clause 6 Act amended 17
This part amends the Corrective Services Act 2006. 18
Clause 7 Amendment of s 181 (Parole eligibility date for prisoner 19
serving term of imprisonment for life) 20
(1) Section 181(2) and (3)-- 21
omit, insert-- 22
`(2) The prisoner's parole eligibility date is the day after the day 23
on which the prisoner has served the following period of 24
time-- 25
(a) if the Criminal Code, section 305(2) applied on 26
sentence--30 years or the longer time ordered under 27
that section; 28
Page 7
Criminal Law Amendment Bill 2012
Part 3 Amendment of Corrective Services Act 2006
[s 8]
(b) if the Criminal Code, section 305(4) applied on 1
sentence--25 years or the longer time ordered under 2
that section; 3
(c) if the prisoner is serving a term of imprisonment for life 4
for an offence of murder and paragraphs (a) and (b) do 5
not apply--20 years; 6
(d) otherwise--15 years.'. 7
(2) Section 181(4), `subsections (2) and (3)'-- 8
omit, insert-- 9
`subsection (2)'. 10
(3) Section 181(4)-- 11
renumber as section 181(3). 12
Clause 8 Insertion of new ch 7A, pt 5 13
Chapter 7A, after section 490-- 14
insert-- 15
`Part 5 Transitional provision for 16
Criminal Law Amendment Act 17
2012 18
`490A Application of amendment Act 19
`(1) For section 181(2)(a) as inserted by the amendment Act, a 20
prisoner's parole eligibility day continues to be the day after 21
the day on which the prisoner has served 20 years or the 22
longer time ordered under the Criminal Code, section 305(2) 23
if-- 24
(a) the Criminal Code, section 305(2) as amended by the 25
amendment Act did not apply on sentence; but 26
(b) that section as it existed before the commencement 27
applied on sentence. 28
Page 8
Criminal Law Amendment Bill 2012
Part 4 Amendment of Criminal Law Amendment Act 1945
[s 9]
`(2) Section 181(2)(c) as inserted by the amendment Act only 1
applies to a prisoner who is serving a term of imprisonment 2
for life for an offence of murder committed after the 3
commencement. 4
`(3) In this section-- 5
amendment Act means the Criminal Law Amendment Act 6
2012. 7
commencement means the commencement of the amendment 8
Act, section 7.'. 9
Part 4 Amendment of Criminal Law 10
Amendment Act 1945 11
Clause 9 Act amended 12
This part amends the Criminal Law Amendment Act 1945. 13
Clause 10 Amendment of s 18B (Parole orders under Corrective 14
Services Act 2006) 15
(1) Section 18B(1)(a), from `to whom' to `apply'-- 16
omit, insert-- 17
`to whom the Corrective Services Act 2006, section 181(2)(d) 18
applies, subject to subsection (2)'. 19
(2) Section 18B(2), `181(2)'-- 20
omit, insert-- 21
`181(2)(d)'. 22
Page 9
Criminal Law Amendment Bill 2012
Part 5 Amendment of Penalties and Sentences Act 1992
[s 11]
Part 5 Amendment of Penalties and 1
Sentences Act 1992 2
Clause 11 Act amended 3
This part amends the Penalties and Sentences Act 1992. 4
Clause 12 Amendment of s 4 (Definitions) 5
Section 4, definition council-- 6
omit. 7
Clause 13 Replacement of s 15AH (Relevant considerations before 8
giving or reviewing guideline judgment) 9
Section 15AH-- 10
omit, insert-- 11
`15AH Relevant considerations before giving or reviewing 12
guideline judgment 13
`If the court is considering giving or reviewing a guideline 14
judgment, the court must consider-- 15
(a) the need to promote consistency of approach in 16
sentencing offenders; and 17
(b) the need to promote public confidence in the criminal 18
justice system.'. 19
Clause 14 Amendment of s 15AI (Procedural requirements if court 20
decides to give or review guideline judgment) 21
Section 15AI(3)-- 22
omit. 23
Clause 15 Amendment of s 160A (Application of ss 160B-160D) 24
(1) Section 160A(4), example, after `305(2)'-- 25
Page 10
Criminal Law Amendment Bill 2012
Part 5 Amendment of Penalties and Sentences Act 1992
[s 16]
insert-- 1
`and (4)'. 2
(2) Section 160A(5)(a), `181(2) or (3)'-- 3
omit, insert-- 4
`181(2)'. 5
Clause 16 Amendment of s 171 (Review--periodic) 6
(1) Section 171(1)(a)-- 7
omit, insert-- 8
`(a) must for the first time review the indefinite sentence 9
within 6 months after an offender has served the period 10
of time stated in subsection (2); and'. 11
(2) Section 171-- 12
insert-- 13
`(1A) For subsection (1)(a), the period of time the offender must 14
have served is-- 15
(a) for an offender whose nominal sentence is life 16
imprisonment for an offence of murder-- 17
(i) if the Criminal Code, section 305(2) applies on 18
sentence--30 years; or 19
(ii) if the Criminal Code, section 305(4) applies on 20
sentence--25 years; or 21
(iii) otherwise--20 years; or 22
(b) if the offender's nominal sentence is life imprisonment 23
and paragraph (a) does not apply--15 years; or 24
(c) otherwise--50% of the offender's nominal sentence.'. 25
(3) Section 171(3), from `Subsection (1)(a)' to `this 26
subsection,'-- 27
omit, insert-- 28
Page 11
Criminal Law Amendment Bill 2012
Part 5 Amendment of Penalties and Sentences Act 1992
[s 17]
`Section 171(1)(a), as in force immediately before the 1
commencement of the Criminal Law Amendment Act 2002, 2
section 64,'. 3
(4) Section 171(3)-- 4
relocate as section 210(3). 5
(5) Section 171(1A) and (2)-- 6
renumber as section 171(2) and (3). 7
Clause 17 Omission of pt 12 (Sentencing Advisory Council) 8
Part 12-- 9
omit. 10
Clause 18 Insertion of new pt 14, div 1, hdg 11
Part 14, before section 206-- 12
insert-- 13
`Division 1 Transitional provisions before 14
Criminal Law Amendment Act 2012'. 15
Clause 19 Insertion of new pt 14, div 2 16
After section 220-- 17
insert-- 18
`Division 2 Transitional provisions for Criminal 19
Law Amendment Act 2012 20
`221 Transitional provision for s 171 21
`(1) For section 171(2)(a)(i) as inserted by the amendment Act, the 22
period of time an offender must have served before the 23
offender's indefinite sentence must be reviewed for the first 24
time continues to be 20 years if-- 25
Page 12
Criminal Law Amendment Bill 2012
Part 6 Amendment of Police Powers and Responsibilities Act 2000
[s 20]
(a) the Criminal Code, section 305(2) as amended by the 1
amendment Act does not apply on sentence; but 2
(b) that section as it existed before the commencement 3
applies on sentence. 4
`(2) Section 171(2)(a)(iii), as inserted by the amendment Act, only 5
applies to an offender who is serving an indefinite sentence 6
for an offence of murder committed after the commencement. 7
`(3) In this section-- 8
amendment Act means the Criminal Law Amendment Act 9
2012. 10
commencement means the commencement of the amendment 11
Act, section 16. 12
`222 Dissolution of Sentencing Advisory Council 13
`(1) On the commencement of this section-- 14
(a) the Sentencing Advisory Council is dissolved; and 15
(b) the members of the Sentencing Advisory Council go out 16
of office. 17
`(2) No compensation is payable to a member because of 18
subsection (1).'. 19
Part 6 Amendment of Police Powers 20
and Responsibilities Act 2000 21
Clause 20 Act amended 22
This part amends the Police Powers and Responsibilities Act 23
2000. 24
Page 13
Criminal Law Amendment Bill 2012
Part 7 Amendment of Youth Justice Act 1992
[s 21]
Clause 21 Amendment of s 754 (Offence for driver of motor vehicle 1
to fail to stop motor vehicle) 2
(1) Section 754(2), before `Maximum penalty'-- 3
insert-- 4
`Minimum penalty--50 penalty units.'. 5
(2) Section 754-- 6
insert-- 7
`(2A) If a court convicts a person of an offence against subsection 8
(2), the court, in addition to imposing a penalty, must 9
disqualify the person from holding or obtaining a Queensland 10
driver licence for 2 years.'. 11
(3) Section 754(2A) to (7)-- 12
renumber as section 754(3) to (8). 13
Part 7 Amendment of Youth Justice 14
Act 1992 15
Clause 22 Act amended 16
This part amends the Youth Justice Act 1992. 17
Clause 23 Amendment of s 176 (Sentence orders--life and other 18
significant offences) 19
(1) Section 176(6), `305(2) and (3)'-- 20
omit, insert-- 21
`305(2), (3) and (4)'. 22
(2) Section 176-- 23
insert-- 24
Page 14
Criminal Law Amendment Bill 2012
Part 7 Amendment of Youth Justice Act 1992
[s 24]
`(7A) For the purpose of subsection (6), a reference in the Criminal 1
Code, section 305 to imprisonment is taken to be a reference 2
to detention.'. 3
(3) Section 176(7A) to (9)-- 4
renumber as section 176(8) to (10). 5
Clause 24 Insertion of new pt 11, div 9 6
After section 352-- 7
insert-- 8
`Division 9 Transitional provision for Criminal 9
Law Amendment Act 2012 10
`353 Application of Criminal Code, s 305 11
`(1) This section applies for the purpose of applying the Criminal 12
Code, section 305(2), (3) and (4) to a child under section 13
176(6) of this Act. 14
`(2) Section 305, as amended by the amendment Act, section 3, to 15
the extent the amendment Act increases the minimum number 16
of years of imprisonment to be served, applies only if-- 17
(a) for section 305(2)(a), at least 1 conviction of murder is 18
for an offence committed after the commencement, even 19
if the other offence or offences were committed before 20
the commencement; or 21
(b) for section 305(2)(b), either the conviction of murder is 22
for, or the other offence of murder taken into account is 23
for, an offence committed after the commencement, 24
even if one of those offences was committed before the 25
commencement; or 26
(c) for section 305(2)(c), either the conviction of murder is 27
for, or the other offence of murder for which the person 28
has previously been sentenced is for, an offence 29
committed after the commencement, even if one of 30
Page 15
Criminal Law Amendment Bill 2012
Part 7 Amendment of Youth Justice Act 1992
[s 24]
those offences was committed before the 1
commencement; or 2
(d) for section 305(4), the conviction of murder is for an 3
offence committed after the commencement. 4
`(3) For an offence mentioned in subsection (2) as having been 5
committed before the commencement, for which there was a 6
conviction, it does not matter whether the conviction was 7
recorded before or after the commencement. 8
`(4) This section applies despite the Acts Interpretation Act 1954, 9
section 20C(3) and the Criminal Code, section 11. 10
`(5) In this section-- 11
amendment Act means the Criminal Law Amendment Act 12
2012. 13
commencement means the commencement of the amendment 14
Act, section 3. 15
minimum number of years of imprisonment to be served 16
means the minimum number of years of imprisonment a 17
person must serve before the person may be released from 18
imprisonment under an order made under the Criminal Code, 19
section 305 by the court sentencing the person.'. 20
© State of Queensland 2012
Page 16
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