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Queensland
Criminal Law Amendment
Bill (No. 2) 2012
Queensland
Criminal Law Amendment Bill (No. 2) 2012
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Part 2 Amendment of Bail Act 1980
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 11 (Conditions of release on bail) . . . . . . . . . . . 9
5 Amendment of s 29 (Offence to breach conditions of bail). . . . . . 9
Part 3 Amendment of Corrective Services Act 2006
6 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
7 Insertion of new s 182A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
182A Parole eligibility date for prisoner serving term of
imprisonment for drug trafficking offence . . . . . . . . . . 10
8 Amendment of s 185 (Parole eligibility date for prisoner serving terms of
imprisonment in particular circumstances). . . . . . . . . . . . . . . . . . 10
9 Amendment of s 194 (Types of parole orders granted by parole board)
10
10 Amendment of s 209 (Automatic cancellation of order by further
imprisonment). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
11 Insertion of new ch 7A, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 7 Transitional provision for Criminal Law
Amendment Act (No. 2) 2012
490C Application of amendment Act . . . . . . . . . . . . . . . . . . 11
12 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 4 Amendment of Criminal Code
13 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Amendment of s 227C (Persons who are not criminally responsible for
offences against ss 227A and 227B) . . . . . . . . . . . . . . . . . . . . . . 12
15 Amendment of s 469 (Wilful damage) . . . . . . . . . . . . . . . . . . . . . 12
16 Insertion of new s 469AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Criminal Law Amendment Bill (No. 2) 2012
Contents
469AA Forfeiture of thing used to record, store or transmit image of
graffiti . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Amendment of s 552H (Maximum penalty for indictable offences dealt
with summarily) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 5 Amendment of Drug Court Act 2000
18 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Amendment of s 12A (Application of pt 3A) . . . . . . . . . . . . . . . . . 14
20 Amendment of s 12B (Referral for indicative assessment). . . . . . 14
21 Insertion of new s 12E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
12E Dealing with proceedings after submission of indicative
assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Amendment of s 13 (Application of pt 4) . . . . . . . . . . . . . . . . . . . 15
23 Amendment of s 15 (Deciding whether to refer for assessment) . 16
24 Amendment of s 16 (Referral for assessment) . . . . . . . . . . . . . . . 16
25 Amendment of s16A (Assessment report) . . . . . . . . . . . . . . . . . . 16
26 Insertion of new s 16C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
16C Dealing with proceedings after submission of assessment
report and pre-sentence report . . . . . . . . . . . . . . . . . 16
27 Amendment of s 17 (Application of pt 5) . . . . . . . . . . . . . . . . . . . 17
28 Amendment of s 29 (Dealing with offenders if no intensive drug
rehabilitation order made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
29 Amendment of s 33 (Amending intensive drug rehabilitation orders) 17
30 Amendment of s 34 (Terminating rehabilitation programs). . . . . . 18
31 Omission of s 35A (Inclusion of new rehabilitation program) . . . . 19
32 Amendment of s 36 (Final sentence to be decided on completion or
termination of rehabilitation program). . . . . . . . . . . . . . . . . . . . . . 19
33 Amendment of s 40 (Arrest warrants). . . . . . . . . . . . . . . . . . . . . . 19
34 Insertion of new s 40A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
40A Dealing with offender after arrest but no final sentence
decided before 30 June 2013 . . . . . . . . . . . . . . . . . . . 20
35 Insertion of new s 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
45 Expiry of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
36 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 21
Part 6 Amendment of Drugs Misuse Act 1986
37 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
38 Amendment of s 6 (Supplying dangerous drugs) . . . . . . . . . . . . . 22
Part 7 Amendment of Justices Act 1886
39 Act Amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Page 2
Criminal Law Amendment Bill (No. 2) 2012
Contents
40 Amendment of s 154 (Copies of record) . . . . . . . . . . . . . . . . . . . 23
Part 8 Amendment of Penalties and Sentences Act 1992
41 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
42 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 23
43 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 25
44 Amendment of s 99 (Termination of probation order). . . . . . . . . . 25
45 Amendment of s 107 (Multiple offences) . . . . . . . . . . . . . . . . . . . 26
46 Amendment of s 108 (Termination of community service order) . 26
47 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 5A Graffiti removal orders
110A Making of an order . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
110B Effect of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
110C General requirements of graffiti removal order . . . . . . 27
110D Graffiti removal order to be explained. . . . . . . . . . . . . 29
110E Multiple orders for single graffiti offence . . . . . . . . . . . 29
110F Multiple orders for multiple offences . . . . . . . . . . . . . . 30
110G Successive orders . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
110H Unpaid service to be performed cumulatively . . . . . . 32
110I Termination of graffiti removal order . . . . . . . . . . . . . . 32
48 Amendment of s 119 (Termination of intensive correction order) . 33
49 Amendment of s 120 (Amendment and revocation of community based
order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
50 Insertion of new s 120A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
120A Amendment and revocation of graffiti removal order . 33
51 Amendment of s 121 (Offender may be re-sentenced on revocation of
order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
52 Amendment of s 125 (Powers of Magistrates Court that convicts
offender of offence against s 123(1)) . . . . . . . . . . . . . . . . . . . . . . 34
53 Amendment of s 126 (Powers of Supreme Court or District Court to deal
with offender) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
54 Amendment of s 130 (Discharge of multiple community based orders
where contravention taken into account) . . . . . . . . . . . . . . . . . . . 35
55 Amendment of s 134 (Requirements of order have effect despite
appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
56 Amendment of s 135 (Directions under community based order) 35
57 Amendment of s 160A (Application of ss 160B-160D) . . . . . . . . 35
58 Amendment of s 160C (Sentence of more than 3 years and not a
serious violent offence or sexual offence) . . . . . . . . . . . . . . . . . . 36
Page 3
Criminal Law Amendment Bill (No. 2) 2012
Contents
59 Amendment of s 160D (Sentence for a serious violent offence or sexual
offence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
60 Amendment of s 160E (Automatic cancellation of parole release or
eligibility dates). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
61 Amendment of s 172D (Court not to have regard to possible order under
Dangerous Prisoners (Sexual Offenders) Act 2003) . . . . . . . . . . 36
62 Amendment of s 189 (Outstanding offences may be taken into account
in imposing sentence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
63 Amendment of s 217 (Transitional provision for Dangerous Prisoners
(Sexual Offenders) and Other Legislation Amendment Act 2010) 37
64 Insertion of new pt 14, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 6 Transitional provisions for expiry of Drug Court
Act 2000
227 Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
228 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
229 Continuation of warrants. . . . . . . . . . . . . . . . . . . . . . . 38
230 Dealing with offences after enforcement of warrant . . 38
231 Sentencing an offender after enforcement of warrant 39
65 Amendment of sch 1 (Serious violent offences) . . . . . . . . . . . . . . 39
Part 9 Amendment of Police Powers and Responsibilities Act 2000
66 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
67 Insertion of new s 379A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
379A Additional case when arrest for graffiti offence may be
discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
68 Amendment of s 381 (Limit on rearrest). . . . . . . . . . . . . . . . . . . . 41
69 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 42
Part 10 Amendment of Residential Tenancies and Rooming
Accommodation Act 2008
70 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
71 Omission of s 42 (Intensive drug rehabilitation order) . . . . . . . . . 42
Part 11 Amendment of Summary Offences Act 2005
72 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
73 Amendment of s 47 (Forfeiture) . . . . . . . . . . . . . . . . . . . . . . . . . . 43
74 Insertion of new s 47A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
47A Forfeiture of thing used to record, store or transmit image of
graffiti . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Part 12 Amendment of Victims of Crime Assistance Act 2009
75 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
Page 4
Criminal Law Amendment Bill (No. 2) 2012
Contents
76 Amendment of s 15 (Giving details of impact of crime on victim during
sentencing). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
77 Insertion of new ss 15A and 15B . . . . . . . . . . . . . . . . . . . . . . . . . 44
15A Reading aloud of victim impact statement during sentencing
45
15B Special arrangements for reading aloud of victim impact
statement during sentencing . . . . . . . . . . . . . . . . . . . 45
78 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 46
Part 13 Amendment of Youth Justice Act 1992
79 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
80 Amendment of s 11 (Police officer to consider alternatives to proceeding
against child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
81 Amendment of s 37 (Form and content of conference agreement) 48
82 Amendment of s 41 (If chief executive signs agreement for program) 48
83 Insertion of new s 176A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
176A Sentence orders--graffiti offences . . . . . . . . . . . . . . . 49
84 Amendment of s 177 (More than 1 type of order may be made for a
single offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
85 Insertion of new s 178A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
178A Combination of graffiti removal order and probation and
community service orders . . . . . . . . . . . . . . . . . . . . . 50
86 Amendment of s 180 (Combination of detention order and other orders)
50
87 Insertion of new s 180A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
180A Combination of detention order and graffiti removal order 51
88 Amendment of s 183 (Recording of conviction) . . . . . . . . . . . . . . 51
89 Insertion of new pt 7, div 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 7A Graffiti removal orders
194A Preconditions to making of graffiti removal order . . . . 52
194B Requirements to be set out in graffiti removal order. . 52
194C Obligation of chief executive. . . . . . . . . . . . . . . . . . . . 53
194D Graffiti removal service to be performed within limited period
53
194E Multiple offences dealt with together . . . . . . . . . . . . . 54
194F Limitation on number of hours of graffiti removal service for
multiple graffiti offences . . . . . . . . . . . . . . . . . . . . . . . 54
194G Limitation on number of hours of unpaid service . . . . 55
194H Limitation on number of hours of graffiti removal service
when there is unperformed graffiti removal service . . 55
Page 5
Criminal Law Amendment Bill (No. 2) 2012
Contents
194I Limitation on number of hours of graffiti removal service
when there is unperformed unpaid service . . . . . . . . 56
194J Unpaid service to be performed cumulatively . . . . . . 57
194K Cumulative effect of child and adult orders . . . . . . . . 57
194L Ending of graffiti removal order . . . . . . . . . . . . . . . . . 58
90 Amendment of s 245 (Court's power on breach of order other than
conditional release order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
91 Amendment of s 249 (Matters relevant to making further order) . 59
92 Amendment of s 252 (Variations by consent). . . . . . . . . . . . . . . . 59
93 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 60
Page 6
2012
A Bill
for
An Act to amend the Bail Act 1980, the Corrective Services Act
2006, the Criminal Code, the Drug Court Act 2000, the Drugs
Misuse Act 1986, the Justices Act 1886, the Penalties and
Sentences Act 1992, the Police Powers and Responsibilities
Act 2000, the Residential Tenancies and Rooming
Accommodation Act 2008, the Summary Offences Act 2005, the
Victims of Crime Assistance Act 2009 and the Youth Justice Act
1992 for particular purposes
Criminal Law Amendment Bill (No. 2) 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
(No. 2) 2012. 5
Clause 2 Commencement 6
(1) The following provisions commence on a day to be fixed by 7
proclamation-- 8
(a) parts 2, 9 and 13; 9
(b) section 42 other than to the extent that it inserts the 10
definitions corrective services facility and drug 11
trafficking offence; 12
(c) sections 45, 47, 49 to 54, 56 and 62. 13
(2) The following provisions commence on 1 July 2013-- 14
(a) sections 10, 14, 17 and 64; 15
(b) parts 7 and 10. 16
Part 2 Amendment of Bail Act 1980 17
Clause 3 Act amended 18
This part amends the Bail Act 1980. 19
Page 8
Criminal Law Amendment Bill (No. 2) 2012
Part 3 Amendment of Corrective Services Act 2006
[s 4]
Clause 4 Amendment of s 11 (Conditions of release on bail) 1
Section 11(9)-- 2
omit, insert-- 3
`(9) Without limiting a court's power to impose a condition on bail 4
under another provision of this section, a Magistrates Court 5
may impose on the bail a condition that the defendant 6
participate in a rehabilitation, treatment or other intervention 7
program or course, after having regard to-- 8
(a) the nature of the offence; and 9
(b) the circumstances of the defendant, including any 10
benefit the defendant may derive by participating in the 11
program or course; and 12
(c) the public interest.'. 13
Clause 5 Amendment of s 29 (Offence to breach conditions of bail) 14
Section 29(2)(c)-- 15
omit. 16
Part 3 Amendment of Corrective 17
Services Act 2006 18
Clause 6 Act amended 19
This part amends the Corrective Services Act 2006. 20
Clause 7 Insertion of new s 182A 21
After section 182-- 22
insert-- 23
Page 9
Criminal Law Amendment Bill (No. 2) 2012
Part 3 Amendment of Corrective Services Act 2006
[s 8]
`182A Parole eligibility date for prisoner serving term of 1
imprisonment for drug trafficking offence 2
`(1) This section applies to a prisoner who is serving a term of 3
imprisonment for a drug trafficking offence. 4
`(2) The prisoner's parole eligibility date is the day after the day 5
on which the prisoner has served 80% of the prisoner's term 6
of imprisonment for the drug trafficking offence. 7
`(3) However, if a later parole eligibility date is fixed for the period 8
of imprisonment under the Penalties and Sentences Act 1992, 9
part 9, division 3, the prisoner's parole eligibility date is the 10
later date fixed under that division. 11
`(4) This section is subject to section 185.'. 12
Clause 8 Amendment of s 185 (Parole eligibility date for prisoner 13
serving terms of imprisonment in particular 14
circumstances) 15
(1) Section 185(1), after `182,'-- 16
insert-- 17
`182A,'. 18
(2) Section 185(3), entries for rules 1 and 2, after `182,'-- 19
insert-- 20
`182A,'. 21
Clause 9 Amendment of s 194 (Types of parole orders granted by 22
parole board) 23
Section 194(5), definition eligible prisoner, paragraph (b), 24
`182,'-- 25
omit, insert-- 26
`181A, 182, 182A,'. 27
Page 10
Criminal Law Amendment Bill (No. 2) 2012
Part 3 Amendment of Corrective Services Act 2006
[s 10]
Clause 10 Amendment of s 209 (Automatic cancellation of order by 1
further imprisonment) 2
(1) Section 209(3)(b)(iii)-- 3
omit. 4
(2) Section 209(3)(b)(iv)-- 5
renumber as section 209(3)(b)(iii). 6
Clause 11 Insertion of new ch 7A, pt 7 7
Chapter 7A-- 8
insert-- 9
`Part 7 Transitional provision for 10
Criminal Law Amendment Act 11
(No. 2) 2012 12
`490C Application of amendment Act 13
`Section 182A applies only to a prisoner who is serving a term 14
of imprisonment for a drug trafficking offence committed 15
after the commencement of that section.'. 16
Clause 12 Amendment of sch 4 (Dictionary) 17
Schedule 4-- 18
insert-- 19
`drug trafficking offence means-- 20
(a) an offence against the Drugs Misuse Act 1986, section 21
5; or 22
(b) an offence of counselling or procuring the commission 23
of, or attempting or conspiring to commit, an offence 24
mentioned in paragraph (a).'. 25
Page 11
Criminal Law Amendment Bill (No. 2) 2012
Part 4 Amendment of Criminal Code
[s 13]
Part 4 Amendment of Criminal Code 1
Clause 13 Code amended 2
This part amends the Criminal Code. 3
Clause 14 Amendment of s 227C (Persons who are not criminally 4
responsible for offences against ss 227A and 227B) 5
(1) Section 227C(3), definition supervision order, paragraph 6
(d)-- 7
omit. 8
(2) Section 227C(3), definition supervision order, paragraph 9
(e)-- 10
renumber as paragraph (d). 11
Clause 15 Amendment of s 469 (Wilful damage) 12
(1) Section 469, punishment in special cases, item 9(1), `5 13
years'-- 14
omit, insert-- 15
`7 years'. 16
(2) Section 469, punishment in special cases, item 9(2)-- 17
omit. 18
(3) Section 469, punishment in special cases, item 9(3)-- 19
renumber as item 9(2). 20
(4) Section 469, punishment in special cases, item 9, at the end of 21
the item-- 22
insert-- 23
`Note-- 24
1 For the requirement for the court to make a graffiti removal order 25
see the Penalties and Sentences Act 1992, part 5A and the Youth 26
Justice Act 1992, part 7, division 7A. 27
Page 12
Criminal Law Amendment Bill (No. 2) 2012
Part 4 Amendment of Criminal Code
[s 16]
2 For the discretion of the court to order the forfeiture of a thing used 1
to record, store or transmit an image of, or related to, the 2
commission of the offence see section 469AA. 3
Clause 16 Insertion of new s 469AA 4
After section 469-- 5
insert-- 6
`469AA Forfeiture of thing used to record, store or transmit 7
image of graffiti 8
`(1) This section applies if-- 9
(a) a person is convicted, whether on indictment or 10
summarily, of an offence against section 469 that is 11
punishable under section 469, item 9; and 12
(b) the person was an adult at the time of the commission of 13
the offence; and 14
(c) the court is satisfied that a thing owned or possessed by 15
the person was used to record, store or transmit an 16
image of, or related to, the commission of the offence. 17
Example of a thing used to record, store or transmit an image-- 18
a camera, mobile phone or computer 19
`(2) When the court is imposing a sentence on the person for the 20
offence, the court may order the thing be forfeited to the State. 21
`(3) Subsection (2) applies whether the thing to be forfeited has 22
been seized or is in its owner's possession. 23
`(4) The court may also make any order that it considers 24
appropriate to enforce the forfeiture. 25
`(5) This section does not limit the court's powers under the 26
Penalties and Sentences Act 1992, the Criminal Proceeds 27
Confiscation Act 2002 or another law. 28
`(6) When forfeited to the State, the thing becomes the State's 29
property and may be dealt with as directed by the chief 30
executive.'. 31
Page 13
Criminal Law Amendment Bill (No. 2) 2012
Part 5 Amendment of Drug Court Act 2000
[s 17]
Clause 17 Amendment of s 552H (Maximum penalty for indictable 1
offences dealt with summarily) 2
Section 552H(1)-- 3
omit, insert-- 4
`(1) A person is liable on summary conviction under section 552A, 5
552B or 552BA to a maximum penalty of-- 6
(a) if the Magistrates Court is constituted by a 7
magistrate--100 penalty units or 3 years imprisonment; 8
or 9
(b) if the Magistrates Court is constituted by justices under 10
section 552C(1)(b)--100 penalty units or 6 months 11
imprisonment.'. 12
Part 5 Amendment of Drug Court Act 13
2000 14
Clause 18 Act amended 15
This part amends the Drug Court Act 2000. 16
Clause 19 Amendment of s 12A (Application of pt 3A) 17
Section 12A-- 18
insert-- 19
`Note-- 20
See section 12B(1A) for the ending of referrals for indicative 21
assessment under this part.'. 22
Clause 20 Amendment of s 12B (Referral for indicative assessment) 23
(1) Section 12B-- 24
insert-- 25
Page 14
Criminal Law Amendment Bill (No. 2) 2012
Part 5 Amendment of Drug Court Act 2000
[s 21]
`(1A) However, a magistrate must not decide to refer a person for an 1
indicative assessment on or after the relevant day.'. 2
(2) Section 12B(4)-- 3
insert-- 4
`Note-- 5
See section 12E for how a drug court magistrate must deal with the 6
proceeding after an indicative assessment report has been submitted.'. 7
(3) Section 12B(6)-- 8
omit. 9
Clause 21 Insertion of new s 12E 10
Part 3-- 11
insert-- 12
`12E Dealing with proceedings after submission of indicative 13
assessment report 14
`(1) If an indicative assessment report about a person is given to a 15
drug court magistrate on or after the relevant day, the 16
magistrate must exercise the jurisdiction of a Magistrates 17
Court and deal with the person according to law. 18
`(2) A drug court magistrate may take account of the indicative 19
assessment report when sentencing the person for the 20
offence.'. 21
Clause 22 Amendment of s 13 (Application of pt 4) 22
Section 13-- 23
insert-- 24
`Note-- 25
See section 16C for the ending of referrals for assessment under this 26
part.'. 27
Page 15
Criminal Law Amendment Bill (No. 2) 2012
Part 5 Amendment of Drug Court Act 2000
[s 23]
Clause 23 Amendment of s 15 (Deciding whether to refer for 1
assessment) 2
Section 15-- 3
insert-- 4
`(3) However, a magistrate must not make a decision about 5
whether the person appears to be an eligible person, or to refer 6
the person for assessment on or after the relevant day.'. 7
Clause 24 Amendment of s 16 (Referral for assessment) 8
Section 16(5)-- 9
insert-- 10
`Note-- 11
See section 16C for how a drug court magistrate must deal with the 12
proceeding if an assessment report or a pre-sentence report is submitted 13
on or after the relevant day.'. 14
Clause 25 Amendment of s16A (Assessment report) 15
Section 16A(4)-- 16
insert-- 17
`Note-- 18
See section 16C for how a drug court magistrate must deal with the 19
proceeding if an assessment report or a pre-sentence report is submitted 20
on or after the relevant day.'. 21
Clause 26 Insertion of new s 16C 22
Part 4-- 23
insert-- 24
`16C Dealing with proceedings after submission of 25
assessment report and pre-sentence report 26
`(1) If an assessment report or a pre-sentence report about a person 27
is given to a drug court magistrate on or after the relevant day, 28
Page 16
Criminal Law Amendment Bill (No. 2) 2012
Part 5 Amendment of Drug Court Act 2000
[s 27]
the magistrate must exercise the jurisdiction of a Magistrates 1
Court and deal with the person according to law. 2
`(2) A drug court magistrate may take account of the assessment 3
report and the pre-sentence report when sentencing the person 4
for the offence.'. 5
Clause 27 Amendment of s 17 (Application of pt 5) 6
Section 17(2)-- 7
omit, insert-- 8
`(2) However, if the person appears before the drug court 9
magistrate on or after the relevant day-- 10
(a) division 2, other than section 26(2), does not apply to 11
the person; and 12
(b) the magistrate must exercise the jurisdiction of a 13
Magistrates Court and deal with the person according to 14
law.'. 15
Clause 28 Amendment of s 29 (Dealing with offenders if no 16
intensive drug rehabilitation order made) 17
Section 29, `decides not to'-- 18
omit, insert-- 19
`does not'. 20
Clause 29 Amendment of s 33 (Amending intensive drug 21
rehabilitation orders) 22
Section 33-- 23
insert-- 24
`(1A) Also, if a drug court magistrate must conduct a court review in 25
relation to an offender, the magistrate must amend the 26
requirements of the offender's intensive drug rehabilitation 27
order or rehabilitation program if the magistrate is satisfied on 28
Page 17
Criminal Law Amendment Bill (No. 2) 2012
Part 5 Amendment of Drug Court Act 2000
[s 30]
the balance of probabilities the offender can, before 30 June 1
2013-- 2
(a) comply with the amended intensive drug rehabilitation 3
order and complete the amended rehabilitation program; 4
and 5
(b) be sentenced under section 36. 6
`(1B) However, a drug court magistrate need not amend the 7
requirements of an intensive drug rehabilitation order or 8
rehabilitation program if the magistrate is satisfied on the 9
balance of probabilities the offender can, before 30 June 10
2013-- 11
(a) comply with the intensive drug rehabilitation order and 12
complete the rehabilitation program; and 13
(b) be sentenced under section 36. 14
`(4) In this section-- 15
court review means a review by a drug court requiring the 16
attendance of an offender who is subject to an intensive drug 17
rehabilitation order.'. 18
Clause 30 Amendment of s 34 (Terminating rehabilitation programs) 19
(1) Section 34(1)-- 20
insert-- 21
`(f) a warrant is issued for the offender's arrest under section 22
40(1)(a).'. 23
(2) Section 34-- 24
insert-- 25
`(1A) Also, a drug court magistrate must terminate a rehabilitation 26
program decided for an offender if the magistrate is satisfied 27
on the balance of probabilities there are not reasonable 28
prospects the offender can, before 30 June 2013-- 29
(a) comply with the intensive drug rehabilitation order or 30
complete the rehabilitation program; and 31
Page 18
Criminal Law Amendment Bill (No. 2) 2012
Part 5 Amendment of Drug Court Act 2000
[s 31]
(b) be sentenced under section 36.'. 1
(3) Section 34(3)(c), `Supreme Court'-- 2
omit, insert-- 3
`District Court'. 4
Clause 31 Omission of s 35A (Inclusion of new rehabilitation 5
program) 6
Section 35A-- 7
omit. 8
Clause 32 Amendment of s 36 (Final sentence to be decided on 9
completion or termination of rehabilitation program) 10
Section 36(1)(b) and (2)-- 11
omit, insert-- 12
`(b) if the offence for which the offender's intensive drug 13
rehabilitation order was made was not a prescribed drug 14
offence--for any reason. 15
`(2) The magistrate must, before 30 June 2013-- 16
(a) reconsider the offender's initial sentence; and 17
(b) vacate the intensive drug rehabilitation order; and 18
(c) impose a final sentence.'. 19
Clause 33 Amendment of s 40 (Arrest warrants) 20
Section 40(4)-- 21
omit, insert-- 22
`(4) If the warrant is issued under subsection (1)(a), the drug court 23
magistrate may remand the offender in custody to appear 24
before a drug court magistrate if the drug court magistrate 25
decides to-- 26
(a) reserve making a decision about terminating the 27
offender's rehabilitation program; or 28
Page 19
Criminal Law Amendment Bill (No. 2) 2012
Part 5 Amendment of Drug Court Act 2000
[s 34]
(b) terminate the offender's rehabilitation program under 1
section 34. 2
`(4A) If the warrant is issued under subsection (1)(b) and the 3
offence for which the offender's intensive drug rehabilitation 4
order was made was not a prescribed drug offence, the drug 5
court magistrate may remand the offender in custody to 6
appear before a drug court magistrate to be sentenced under 7
section 36 before 30 June 2013.'. 8
Clause 34 Insertion of new s 40A 9
After section 40-- 10
insert-- 11
`40A Dealing with offender after arrest but no final sentence 12
decided before 30 June 2013 13
`(1) This section applies if an offender is arrested on the authority 14
of a warrant issued under section 40 and brought before a drug 15
court magistrate after the relevant day but can not be 16
sentenced under section 36 before 30 June 2013. 17
`(2) The drug court magistrate must-- 18
(a) revoke the conviction recorded for the offence; and 19
(b) vacate the offender's intensive drug rehabilitation order; 20
and 21
(c) deal with the offender according to law. 22
`(3) The magistrate-- 23
(a) may remand the offender in custody to appear before a 24
magistrate; or 25
(b) may release the offender on bail to appear before a 26
magistrate; or 27
(c) if the offence in relation to which the intensive drug 28
rehabilitation order for the offender was made is a 29
prescribed drug offence, the magistrate must, under the 30
Justices Act 1886, section 113, commit the offender to 31
the District Court for sentence. 32
Page 20
Criminal Law Amendment Bill (No. 2) 2012
Part 6 Amendment of Drugs Misuse Act 1986
[s 35]
`(4) Subsection (3)(c) applies even though the magistrate has not 1
addressed the defendant as required under the Justices Act 2
1886, section 104(2). 3
`(5) To remove any doubt, it is declared that-- 4
(a) the Bail Act 1980 applies to an offender who is arrested 5
on the authority of a warrant issued under section 40 and 6
to whom subsection (1) applies; and 7
(b) in applying the Penalties and Sentences Act 1992, 8
section 159A, to a sentence for a term of imprisonment 9
imposed on an offender under this section, time spent in 10
custody, other than under section 32(1)(f), is taken to be 11
imprisonment already served under the sentence.'. 12
Clause 35 Insertion of new s 45 13
Part 6-- 14
insert-- 15
`45 Expiry of Act 16
`This Act expires on 30 June 2013.'. 17
Clause 36 Amendment of schedule (Dictionary) 18
Schedule-- 19
insert-- 20
`relevant day means the day section 12E commences.'. 21
Part 6 Amendment of Drugs Misuse 22
Act 1986 23
Clause 37 Act amended 24
This part amends the Drugs Misuse Act 1986. 25
Page 21
Criminal Law Amendment Bill (No. 2) 2012
Part 6 Amendment of Drugs Misuse Act 1986
[s 38]
Clause 38 Amendment of s 6 (Supplying dangerous drugs) 1
(1) Section 6(1), penalty-- 2
omit, insert-- 3
`Maximum penalty-- 4
(a) if the dangerous drug is a thing specified in the Drugs 5
Misuse Regulation 1987, schedule 1 and the offence is 6
one of aggravated supply under subsection (2)(a)--life 7
imprisonment; or 8
(b) if the dangerous drug is a thing specified in the Drugs 9
Misuse Regulation 1987, schedule 1 and the offence is 10
one of aggravated supply under subsection (2)(aa), (b), 11
(c), (d) or (e)--25 years imprisonment; or 12
(c) if the dangerous drug is a thing specified in the Drugs 13
Misuse Regulation 1987, schedule 1 and paragraphs (a) 14
and (b) do not apply--20 years imprisonment; or 15
(d) if the dangerous drug is a thing specified in the Drugs 16
Misuse Regulation 1987, schedule 2 and the offence is 17
one of aggravated supply under subsection (2)(a)--25 18
years imprisonment; or 19
(e) if the dangerous drug is a thing specified in the Drugs 20
Misuse Regulation 1987, schedule 2 and the offence is 21
one of aggravated supply under subsection (2)(aa), (b), 22
(c), (d) or (e)--20 years imprisonment; or 23
(f) if the dangerous drug is a thing specified in the Drugs 24
Misuse Regulation 1987, schedule 2 and paragraphs (d) 25
and (e) do not apply--15 years imprisonment.'. 26
(2) Section 6(2)(a)-- 27
omit, insert-- 28
`(a) the person to whom the thing is supplied is a minor 29
under 16 years; or 30
(aa) the person to whom the thing is supplied is a minor who 31
is 16 years or more; or'. 32
Page 22
Criminal Law Amendment Bill (No. 2) 2012
Part 7 Amendment of Justices Act 1886
[s 39]
Part 7 Amendment of Justices Act 1
1886 2
Clause 39 Act Amended 3
This part amends the Justices Act 1886. 4
Clause 40 Amendment of s 154 (Copies of record) 5
Section 154-- 6
insert-- 7
`(6) In this section-- 8
exhibit includes a document that-- 9
(a) was given to a drug court under the repealed Drug Court 10
Act 2000; and 11
(b) is about an offender who had appeared before a 12
magistrate who was allocated the functions of a drug 13
court magistrate under section 10 of that Act.'. 14
Part 8 Amendment of Penalties and 15
Sentences Act 1992 16
Clause 41 Act amended 17
This part amends the Penalties and Sentences Act 1992. 18
Clause 42 Amendment of s 4 (Definitions) 19
(1) Section 4-- 20
insert-- 21
`corrective services facility see the Corrective Services Act 22
2006, schedule 4. 23
Page 23
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 42]
drug trafficking offence means-- 1
(a) an offence against the Drugs Misuse Act 1986, section 2
5; or 3
(b) an offence of counselling or procuring the commission 4
of, or attempting or conspiring to commit, an offence 5
mentioned in paragraph (a). 6
graffiti offence means-- 7
(a) an offence against the Criminal Code, section 469 that is 8
punishable under section 469, item 9; or 9
(b) an offence against the Summary Offences Act 2005, 10
section 17(1). 11
graffiti removal order means a graffiti removal order in force 12
under part 5A. 13
graffiti removal service means-- 14
(a) the removal of graffiti; or 15
(b) work related or incidental to the work mentioned in 16
paragraph (a); or 17
(c) other work related to or incidental to the clean up of 18
public places whether or not it relates to the removal of 19
graffiti. 20
remove, in relation to graffiti, includes the following-- 21
(a) repair; 22
(b) conceal; 23
(c) cover; 24
(d) attempt to remove. 25
Example-- 26
painting over graffiti 27
unpaid service means-- 28
(a) community service required to be performed under a 29
community service order; or 30
Page 24
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 43]
(b) graffiti removal service required to be performed under 1
a graffiti removal order. 2
unperformed graffiti removal service, for an offender, means 3
graffiti removal service that the offender-- 4
(a) is required to perform under a graffiti removal order; 5
and 6
(b) has not performed. 7
unperformed unpaid service, for an offender, means unpaid 8
service that the offender-- 9
(a) is required to perform under a community service order 10
or a graffiti removal order; and 11
(b) has not performed.'. 12
(2) Section 4, definition community based order, after 13
`community service order'-- 14
insert-- 15
`, graffiti removal order'. 16
Clause 43 Amendment of s 9 (Sentencing guidelines) 17
(1) Section 9(8), first occurring-- 18
renumber as section 9(7B). 19
(2) Section 9(10), definition corrective services facility-- 20
omit. 21
Clause 44 Amendment of s 99 (Termination of probation order) 22
Section 99(1) and (2)-- 23
omit, insert-- 24
`A probation order is terminated-- 25
(a) at the end of its period; or 26
(b) if the offender is sentenced or further sentenced for the 27
offence for which the order was made; or 28
Page 25
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 45]
(c) if the order is revoked under section 120(1).'. 1
Clause 45 Amendment of s 107 (Multiple offences) 2
(1) Section 107-- 3
insert-- 4
`(4A) A court may make-- 5
(a) 1 or more community service orders for an offender who 6
is subject to an existing graffiti removal order; or 7
(b) 1 or more community service orders for an offender who 8
is subject to an existing graffiti removal order and an 9
existing community service order. 10
`(4B) The number of hours of unperformed unpaid service and the 11
number of hours of community service ordered to be served 12
under the orders made under subsection (4A)(a) or (b) must 13
not, when added together, total more than 240.'. 14
(2) Section 107(5)-- 15
omit, insert-- 16
`(5) Subject to subsections (2), (4) and (4B) all unpaid service to 17
which this section applies is to be performed cumulatively 18
unless the court orders otherwise.'. 19
Clause 46 Amendment of s 108 (Termination of community service 20
order) 21
Section 108(1) and (2)-- 22
omit, insert-- 23
`A community service order is terminated-- 24
(a) when the offender performs community service in 25
accordance with the requirements of the order for the 26
number of hours stated in the order; or 27
(b) if the offender is sentenced or further sentenced for the 28
offence for which the order was made; or 29
(c) if the order is revoked under section 120(1).'. 30
Page 26
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 47]
Clause 47 Insertion of new pt 5A 1
After section 110-- 2
insert-- 3
`Part 5A Graffiti removal orders 4
`110A Making of an order 5
`(1) This section applies if a court convicts an offender of a graffiti 6
offence, whether on indictment or summarily. 7
`(2) The court must make a graffiti removal order for the offender, 8
whether or not it records a conviction, unless the court is 9
satisfied that, because of any physical, intellectual or 10
psychiatric disability of the offender, the offender is not 11
capable of complying with the order. 12
`(3) The order may be made in addition to any other order the 13
court may make under this or another Act. 14
`(4) Subsection (2) is subject to sections 121(3), 125(7) and 15
126(6A). 16
`110B Effect of order 17
`The effect of the order is that the offender is required to 18
perform unpaid graffiti removal service for the number of 19
hours stated in the order. 20
`110C General requirements of graffiti removal order 21
`(1) The graffiti removal order must contain requirements that the 22
offender-- 23
(a) must not commit another offence during the period of 24
the order; and 25
(b) must report to an authorised corrective services officer 26
at the place, and within the time, stated in the order; and 27
(c) must report to, and receive visits from, an authorised 28
corrective services officer as directed by the officer; and 29
Page 27
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 47]
(d) must perform in a satisfactory way graffiti removal 1
service directed by an authorised corrective services 2
officer-- 3
(i) for the number of hours stated in the order; and 4
(ii) at the times directed by the officer; and 5
(e) must notify an authorised corrective services officer of 6
every change of the offender's place of residence or 7
employment within 2 business days after the change 8
happens; and 9
(f) must not leave or stay out of Queensland without the 10
permission of an authorised corrective services officer; 11
and 12
(g) must comply with every reasonable direction of an 13
authorised corrective services officer. 14
`(2) The total number of hours stated in the order-- 15
(a) must not be more than 40; and 16
(b) subject to subsection (3), must be performed within 1 17
year from the making of the order or another time 18
allowed by the court. 19
`(3) If, during the period mentioned in subsection (2)(b), the 20
offender is detained in custody on remand or is serving a term 21
of imprisonment in a corrective services facility-- 22
(a) the graffiti removal order is suspended for the period the 23
offender is detained or imprisoned; and 24
(b) the period mentioned in subsection (2)(b) is extended by 25
the period the offender is detained or imprisoned. 26
`(4) A direction given under subsection (1)(d)(ii) applies to all 27
graffiti removal orders made for the offender by the same 28
court on the same day. 29
`(5) In this section-- 30
another offence does not include an offence against section 31
123(1). 32
Page 28
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 47]
`110D Graffiti removal order to be explained 1
`(1) Before making the graffiti removal order, the court must 2
explain, or cause to be explained, to the offender-- 3
(a) the purpose and effect of the order; and 4
(b) what may follow if the offender contravenes the 5
requirements of the order; and 6
(c) that the order may be amended or revoked, on 7
application of the offender, an authorised corrective 8
services officer or the director of public prosecutions, if 9
the court is satisfied that, because of any physical, 10
intellectual or psychiatric disability of the offender, the 11
offender is not capable of complying with the order. 12
`(2) The explanation must be made in language or in a way likely 13
to be readily understood by the offender. 14
`110E Multiple orders for single graffiti offence 15
`(1) This section applies if-- 16
(a) an offender is before a court for sentence after being 17
convicted of a single graffiti offence; and 18
(b) in relation to the offence, the court makes a graffiti 19
removal order and also makes 1 or both of the following 20
orders-- 21
(i) a community service order; 22
(ii) a probation order. 23
`(2) The court-- 24
(a) must make separate orders; and 25
(b) must not impose an order as a requirement of another 26
order. 27
`(3) If the court makes both a graffiti removal order and a 28
community service order, the total number of hours of unpaid 29
service ordered must not be more than 240. 30
Page 29
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 47]
`(4) If the offender for whom the orders are made contravenes a 1
requirement of any of the orders and is dealt with for the 2
original offence in relation to the order, the other orders are 3
discharged. 4
`110F Multiple orders for multiple offences 5
`(1) Subsections (2) and (3) apply if an offender is convicted of 2 6
or more graffiti offences, whether or not the offender is also 7
convicted of 1 or more other offences that are not graffiti 8
offences. 9
`(2) The court-- 10
(a) must make at least 1 graffiti removal order for the 11
offender; and 12
(b) may make either or both of the following-- 13
(i) more than 1 graffiti removal order for the offender; 14
(ii) 1 or more community service orders for the 15
offender. 16
`(3) If the court makes more than 1 graffiti removal order, the 17
number of hours of graffiti removal service ordered must not, 18
when added together, total more than 40. 19
`(4) Subsection (5) applies if an offender is convicted of a graffiti 20
offence and 1 or more other offences that are not graffiti 21
offences. 22
`(5) The court may, in addition to a graffiti removal order, make 1 23
or more community service orders for the offender. 24
`(6) If, under subsection (2) or (5), the court makes 1 or more 25
graffiti removal orders and also makes 1 or more community 26
service orders, the total number of hours of unpaid service 27
ordered must not be more than 240. 28
`110G Successive orders 29
`(1) Subsection (2) applies if an offender is-- 30
(a) convicted of a graffiti offence; and 31
Page 30
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 47]
(b) subject to 1 or more existing graffiti removal orders. 1
`(2) Subject to subsection (3), the number of hours of unperformed 2
graffiti removal service and the number of hours of graffiti 3
removal service ordered to be served for the graffiti offence 4
must not, when added together, total more than 40. 5
`(3) If the number of hours of unperformed graffiti removal 6
service is 40, the graffiti removal service ordered to be served 7
for the graffiti offence must be performed concurrently with 8
the unperformed graffiti removal service. 9
`(4) Subsection (5) applies if an offender is-- 10
(a) convicted of a graffiti offence; and 11
(b) subject to either of the following-- 12
(i) 1 or more existing community service orders; 13
(ii) 1 or more existing graffiti removal orders and 1 or 14
more existing community service orders. 15
`(5) Subject to subsection (6), the number of hours of unperformed 16
unpaid service and the number of hours of graffiti removal 17
service ordered to be served for the graffiti offence must not, 18
when added together, total more than 240. 19
`(6) If the number of hours of unperformed unpaid service is 240, 20
the graffiti removal service ordered to be served for the graffiti 21
offence-- 22
(a) must be performed concurrently with any unperformed 23
graffiti removal service to the extent that the number of 24
hours of graffiti removal service ordered to be served for 25
the graffiti offence is, when added to the number of 26
hours of unperformed graffiti removal service, more 27
than 40; or 28
(b) to the extent that paragraph (a) does not apply--must, 29
when it is performed by the offender, be taken to be 30
both-- 31
(i) community service performed under 1 or more of 32
the existing community service orders; and 33
Page 31
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 47]
(ii) graffiti removal service performed under the 1
graffiti removal order made by the court for the 2
offence. 3
`(7) For subsection (6)(b), the chief executive must-- 4
(a) subject to any order of the court, identify the existing 5
community service order, or orders, in relation to which 6
the graffiti removal service is taken to have been 7
performed; and 8
(b) notify the offender in writing of the matter mentioned in 9
paragraph (a). 10
`110H Unpaid service to be performed cumulatively 11
`All unpaid service to which the following sections apply is to 12
be performed cumulatively unless the court orders 13
otherwise-- 14
(a) section 110E, subject to subsection (3) of that section; 15
(b) section 110F, subject to subsections (3) and (6) of that 16
section; 17
(c) section 110G, subject to subsections (2), (3), (5) and (6) 18
of that section. 19
`110I Termination of graffiti removal order 20
A graffiti removal order is terminated-- 21
(a) when the offender performs graffiti removal service in 22
accordance with the requirements of the order for the 23
number of hours stated in the order; or 24
(b) if the offender is sentenced or further sentenced for the 25
offence for which the order was made; or 26
(c) if the order is revoked under section 120A.'. 27
Page 32
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 48]
Clause 48 Amendment of s 119 (Termination of intensive correction 1
order) 2
Section 119(1) and (2)-- 3
omit, insert-- 4
`An intensive correction order is terminated-- 5
(a) at the end of its period; or 6
(b) if the offender is sentenced or further sentenced for the 7
offence for which the order was made; or 8
(c) if the order is revoked under section 120(1); or 9
(d) if the offender is committed to prison under section 10
127(1).'. 11
Clause 49 Amendment of s 120 (Amendment and revocation of 12
community based order) 13
(1) Section 120, heading-- 14
omit, insert-- 15
`120 Amendment and revocation of community based order 16
other than graffiti removal order 17
(2) Section 120(1), after `community based order'-- 18
insert-- 19
`other than a graffiti removal order'. 20
Clause 50 Insertion of new s 120A 21
After section 120-- 22
insert-- 23
`120A Amendment and revocation of graffiti removal order 24
`(1) The court that made a graffiti removal order may, on 25
application under this division, amend or revoke the order if 26
the court is satisfied that, because of any physical, intellectual 27
or psychiatric disability of the offender, the offender is not 28
capable of complying with the order. 29
Page 33
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 51]
`(2) If a court other than the court that imposed the graffiti 1
removal order amends or revokes the order, the first court 2
must notify the original court of the amendment or 3
revocation.'. 4
Clause 51 Amendment of s 121 (Offender may be re-sentenced on 5
revocation of order) 6
Section 121-- 7
insert-- 8
`(3) If the community based order mentioned in subsection (1) is a 9
graffiti removal order, the court need not, but may, when 10
re-sentencing the offender for the graffiti offence for which 11
the order was made, make another graffiti removal order.'. 12
Clause 52 Amendment of s 125 (Powers of Magistrates Court that 13
convicts offender of offence against s 123(1)) 14
(1) Section 125(2)-- 15
insert-- 16
`(ba) an order to increase the number of hours for which the 17
offender is required by the order to perform graffiti 18
removal service;'. 19
(2) Section 125(2)(c), after `community service'-- 20
insert-- 21
`or graffiti removal service'. 22
(3) Section 125-- 23
insert-- 24
`(7) If the offence mentioned in subsection (1) relates to a graffiti 25
removal order, the court, in taking action under subsection 26
(4)(a), need not, but may, make another graffiti removal 27
order.'. 28
Page 34
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 53]
Clause 53 Amendment of s 126 (Powers of Supreme Court or 1
District Court to deal with offender) 2
Section 126-- 3
insert-- 4
`(6A) If the community based order mentioned in subsection (1) is a 5
graffiti removal order, the court, in taking action under 6
subsection (4), need not, but may, make another graffiti 7
removal order.'. 8
Clause 54 Amendment of s 130 (Discharge of multiple community 9
based orders where contravention taken into account) 10
Section 130-- 11
insert-- 12
`Note-- 13
An offence against section 123(1) is an excluded offence under section 14
189 if the community based order to which the offence relates is a 15
graffiti removal order.'. 16
Clause 55 Amendment of s 134 (Requirements of order have effect 17
despite appeal) 18
Section 134(2)-- 19
omit. 20
Clause 56 Amendment of s 135 (Directions under community based 21
order) 22
Section 135(3), (4) and (5), `community service'-- 23
omit, insert-- 24
`unpaid service'. 25
Clause 57 Amendment of s 160A (Application of ss 160B-160D) 26
Section 160A(5)(a), after `182(2)(a) or (b)'-- 27
insert-- 28
Page 35
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 58]
`, 182A(2)'. 1
Clause 58 Amendment of s 160C (Sentence of more than 3 years 2
and not a serious violent offence or sexual offence) 3
Section 160C, heading-- 4
omit, insert-- 5
`160C Sentence of more than 3 years and not a serious violent 6
offence, sexual offence or drug trafficking offence'. 7
Clause 59 Amendment of s 160D (Sentence for a serious violent 8
offence or sexual offence) 9
(1) Section 160D, heading-- 10
omit, insert-- 11
`160D Sentence for a serious violent offence, sexual offence or 12
drug trafficking offence'. 13
(2) Section 160D(1), `or a sexual offence'-- 14
omit, insert-- 15
`, a sexual offence or a drug trafficking offence'. 16
Clause 60 Amendment of s 160E (Automatic cancellation of parole 17
release or eligibility dates) 18
Section 160E(1)(b)(i) and (2)(b)(i), `or a sexual offence'-- 19
omit, insert-- 20
`, a sexual offence or a drug trafficking offence'. 21
Clause 61 Amendment of s 172D (Court not to have regard to 22
possible order under Dangerous Prisoners (Sexual 23
Offenders) Act 2003) 24
Section 172D, note, `section 9(8)'-- 25
omit, insert-- 26
`section 9(7B)'. 27
Page 36
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 62]
Clause 62 Amendment of s 189 (Outstanding offences may be taken 1
into account in imposing sentence) 2
(1) Section 189(1)(b)(i), after `other offences'-- 3
insert-- 4
`, that are not excluded offences,'. 5
(2) Section 189-- 6
insert-- 7
`(12) In this section-- 8
excluded offence means an offence against section 123(1) if 9
the community based order to which the offence relates is a 10
graffiti removal order.'. 11
Clause 63 Amendment of s 217 (Transitional provision for 12
Dangerous Prisoners (Sexual Offenders) and Other 13
Legislation Amendment Act 2010) 14
Section 217(1) and (2), `section 9(8)'-- 15
omit, insert-- 16
`section 9(7B)'. 17
Clause 64 Insertion of new pt 14, div 6 18
Part 14-- 19
insert-- 20
`Division 6 Transitional provisions for expiry of 21
Drug Court Act 2000 22
`227 Definitions for div 6 23
`In this division-- 24
Drug Court Act means the Drug Court Act 2000 as in force 25
before its expiry. 26
intensive drug rehabilitation order means an order made 27
under the Drug Court Act, section 19. 28
Page 37
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 64]
`228 Application of div 6 1
`This division applies from 1 July 2013. 2
`229 Continuation of warrants 3
`(1) This section applies to a warrant issued under the Drug Court 4
Act, section 40, for an offender before 30 June 2013-- 5
(a) but not enforced; or 6
(b) enforced but not returned before a drug court magistrate 7
before that day. 8
`(2) The warrant is taken to be a warrant-- 9
(a) issued by a magistrate; and 10
(b) that authorises any police officer to arrest the offender 11
and bring the offender before a magistrate. 12
`230 Dealing with offences after enforcement of warrant 13
`(1) This section applies if-- 14
(a) an offender is arrested on a warrant mentioned in section 15
229; and 16
(b) the offender is brought before a magistrate. 17
`(2) The magistrate must-- 18
(a) revoke the conviction recorded for the offence; and 19
(b) vacate the offender's intensive drug rehabilitation order; 20
and 21
(c) deal with the offender according to law. 22
`(3) Also, if the offence in relation to which the intensive drug 23
rehabilitation order for the offender was made is a prescribed 24
drug offence under the Drug Court Act, the magistrate must, 25
under the Justices Act 1886, section 113, commit the offender 26
to the District Court for sentence. 27
Page 38
Criminal Law Amendment Bill (No. 2) 2012
Part 8 Amendment of Penalties and Sentences Act 1992
[s 65]
`(4) Subsection (3) applies even though the magistrate has not 1
addressed the defendant as required under the Justices Act 2
1886, section 104(2). 3
`(5) To remove any doubt, it is declared that-- 4
(a) the Bail Act 1980 applies to the offender; and 5
(b) the offender has pleaded guilty to the offence under the 6
Drug Court Act, section 19(c). 7
`231 Sentencing an offender after enforcement of warrant 8
`(1) This section applies if a magistrate sentences an offender to 9
whom-- 10
(a) section 230 applies; or 11
(b) the Drug Court Act, section 40A(3)(a) or (b) applies. 12
`(2) In sentencing the offender, the magistrate must have regard to 13
the initial sentence contained in the offender's intensive drug 14
rehabilitation order. 15
`(3) To remove any doubt, it is declared that, in applying section 16
159A to a sentence for a term of imprisonment imposed on an 17
offender under this section, time spent in custody under the 18
Drug Court Act, other than under section 32(1)(f) of that Act, 19
is taken to be imprisonment already served under the 20
sentence.'. 21
Clause 65 Amendment of sch 1 (Serious violent offences) 22
(1) Schedule 1, under the heading `Drugs Misuse Act 1986', item 23
1-- 24
omit. 25
(2) Schedule 1, under the heading `Drugs Misuse Act 1986', 26
items 2 and 3-- 27
renumber as items 1 and 2. 28
Page 39
Criminal Law Amendment Bill (No. 2) 2012
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 66]
Part 9 Amendment of Police Powers 1
and Responsibilities Act 2000 2
Clause 66 Act amended 3
This part amends the Police Powers and Responsibilities Act 4
2000. 5
Clause 67 Insertion of new s 379A 6
After section 379-- 7
insert-- 8
`379A Additional case when arrest for graffiti offence may be 9
discontinued 10
`(1) This section applies if-- 11
(a) a child is arrested for, or is being questioned by a police 12
officer about, a graffiti offence; and 13
(b) during an electronically recorded interview, the child 14
admits having committed the offence; and 15
(c) the child had attained at least the age of 12 years at the 16
time of the offence. 17
`(2) A police officer may, at any time before the child appears 18
before a court to answer a charge of the graffiti offence, offer 19
the child the opportunity to attend a graffiti removal program. 20
`(3) When making the offer, the police officer must give an oral or 21
written explanation of the consequences of agreeing to attend 22
a graffiti removal program to-- 23
(a) the child; and 24
(b) if a support person is present when the offer is 25
made--the support person. 26
`(4) If the child agrees, the child must sign an agreement to attend 27
and complete a graffiti removal program. 28
`(5) The agreement must include a provision authorising the 29
provider of the graffiti removal program to disclose to the 30
Page 40
Criminal Law Amendment Bill (No. 2) 2012
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 68]
commissioner and the chief executive (youth justice services) 1
information about-- 2
(a) the child's attendance at, and completion of, the 3
program; or 4
(b) if the child failed to attend or complete the 5
program--the child's failure to attend or complete the 6
program. 7
`(6) The police officer must-- 8
(a) give the child a written requirement to attend and 9
complete a graffiti removal program in accordance with 10
the agreement; and 11
(b) inform the child that failure to comply with the 12
requirement is an offence against section 791. 13
`(7) Also, the police officer must give the chief executive (youth 14
justice services), or a person or organisation nominated by 15
that chief executive for this section, a copy of the agreement. 16
`(8) On the signing of the agreement, any thing used in the 17
commission of the graffiti offence is forfeited to the State. 18
`(9) It is the duty of a police officer to release an arrested child at 19
the earliest reasonable opportunity if the police officer is 20
satisfied subsections (4) and (6) have been complied with. 21
`(10) In this section-- 22
chief executive (youth justice services) means the chief 23
executive of the department within which the Youth Justice 24
Act 1992 is administered. 25
graffiti removal program means a program for removing 26
graffiti conducted with the approval of the chief executive 27
(youth justice services).'. 28
Clause 68 Amendment of s 381 (Limit on rearrest) 29
Section 381-- 30
insert-- 31
Page 41
Criminal Law Amendment Bill (No. 2) 2012
Part 10 Amendment of Residential Tenancies and Rooming Accommodation Act 2008
[s 69]
`(2) Subsection (1) does not prevent a person being rearrested for a 1
graffiti offence.'. 2
Clause 69 Amendment of sch 6 (Dictionary) 3
Schedule 6-- 4
insert-- 5
`graffiti offence means an offence against the Criminal Code, 6
section 469 that is punishable under section 469, item 9.'. 7
Part 10 Amendment of Residential 8
Tenancies and Rooming 9
Accommodation Act 2008 10
Clause 70 Act amended 11
This part amends the Residential Tenancies and Rooming 12
Accommodation Act 2008. 13
Clause 71 Omission of s 42 (Intensive drug rehabilitation order) 14
Section 42-- 15
omit. 16
Part 11 Amendment of Summary 17
Offences Act 2005 18
Clause 72 Act amended 19
This part amends the Summary Offences Act 2005. 20
Page 42
Criminal Law Amendment Bill (No. 2) 2012
Part 11 Amendment of Summary Offences Act 2005
[s 73]
Clause 73 Amendment of s 47 (Forfeiture) 1
Section 47, heading-- 2
omit, insert-- 3
`47 Forfeiture of thing to which offence relates'. 4
Clause 74 Insertion of new s 47A 5
After section 47-- 6
insert-- 7
`47A Forfeiture of thing used to record, store or transmit 8
image of graffiti 9
`(1) This section applies if-- 10
(a) a person is convicted of an offence of possessing a 11
graffiti instrument against section 17; and 12
(b) the person was an adult at the time of the commission of 13
the offence; and 14
(c) the court is satisfied that a thing owned or possessed by 15
the person was used to record, store or transmit an 16
image of, or related to, the graffiti in relation to which 17
the graffiti instrument was used, reasonably suspected of 18
being used, or reasonably suspected of being about to be 19
used. 20
Example of a thing used to record, store or transmit an image-- 21
a camera, mobile phone or computer 22
`(2) When the court is imposing a sentence on the person for the 23
offence, the court may order the thing be forfeited to the State. 24
`(3) Subsection (2) applies whether the thing to be forfeited has 25
been seized or is in its owner's possession. 26
`(4) The court may also make any order that it considers 27
appropriate to enforce the forfeiture. 28
`(5) This section does not limit the court's powers under the 29
Penalties and Sentences Act 1992, the Criminal Proceeds 30
Confiscation Act 2002 or another law. 31
Page 43
Criminal Law Amendment Bill (No. 2) 2012
Part 12 Amendment of Victims of Crime Assistance Act 2009
[s 75]
`(6) When forfeited to the State, the thing becomes the State's 1
property and may be dealt with as directed by the chief 2
executive.'. 3
Part 12 Amendment of Victims of 4
Crime Assistance Act 2009 5
Clause 75 Act amended 6
This part amends the Victims of Crime Assistance Act 2009. 7
Clause 76 Amendment of s 15 (Giving details of impact of crime on 8
victim during sentencing) 9
(1) Section 15(3), note, paragraph (b), `Juvenile Justice Act 10
1992'-- 11
omit, insert-- 12
`Youth Justice Act 1992'. 13
(2) Section 15(8), `The sentencing court'-- 14
omit, insert-- 15
`Subject to section 15A, the sentencing court'. 16
(3) Section 15(8), example, `Examples of how'-- 17
omit, insert-- 18
`Example of how'. 19
(4) Section 15(8), example, second dot point-- 20
omit. 21
Clause 77 Insertion of new ss 15A and 15B 22
After section 15-- 23
insert-- 24
Page 44
Criminal Law Amendment Bill (No. 2) 2012
Part 12 Amendment of Victims of Crime Assistance Act 2009
[s 77]
`15A Reading aloud of victim impact statement during 1
sentencing 2
`(1) This section applies if a person has prepared a victim impact 3
statement under section 15(5). 4
`(2) The prosecutor for the offence may request, orally or in 5
writing, that all or part of the victim impact statement be read 6
aloud before the court by-- 7
(a) if the person mentioned in subsection (1) wishes to read 8
aloud the victim impact statement--the person; or 9
(b) if the person mentioned in subsection (1) wishes the 10
prosecutor to read aloud the victim impact 11
statement--the prosecutor. 12
`(3) If a request is made under subsection (2), the court must allow 13
the person specified in the request to read the whole of the 14
victim impact statement, or a part of the victim impact 15
statement identified in the request, aloud before the court 16
unless the court considers that, having regard to all relevant 17
circumstances, it is inappropriate to do so. 18
`(4) To avoid any doubt-- 19
(a) the purpose of the reading aloud of the victim impact 20
statement before the court is to provide a therapeutic 21
benefit to the person mentioned in subsection (1); and 22
(b) it is not necessary for a person, reading aloud the victim 23
impact statement before the court under this section, to 24
do so under oath or affirmation. 25
`15B Special arrangements for reading aloud of victim impact 26
statement during sentencing 27
`(1) This section applies if a person who is to read aloud a victim 28
impact statement under section 15A (the reader) is the person 29
who prepared the victim impact statement under section 30
15(5). 31
`(2) The sentencing court may, on its own initiative or on the 32
application of the prosecutor for the offence, direct that any of 33
the following arrangements be made for the reading aloud of 34
Page 45
Criminal Law Amendment Bill (No. 2) 2012
Part 12 Amendment of Victims of Crime Assistance Act 2009
[s 78]
the victim impact statement that the court considers, having 1
regard to all relevant circumstances, are appropriate-- 2
(a) that, while the reader is reading aloud the victim impact 3
statement before the court, the offender be obscured 4
from the view of the reader; 5
(b) that, while the reader is reading aloud the victim impact 6
statement before the court, all persons other than those 7
specified by the court be excluded from the courtroom; 8
(c) that a person approved by the court be present while the 9
reader is reading aloud the victim impact statement in 10
order to provide emotional support to the reader; 11
(d) if there is an audiovisual link within the court 12
precincts--that the reader read aloud the victim impact 13
statement outside the courtroom and the reading be 14
transmitted to the courtroom by means of the 15
audiovisual link. 16
`(3) The person mentioned in subsection (2)(c) must be permitted 17
to be in close proximity to the reader, and within the reader's 18
sight, while the reader is reading aloud the victim impact 19
statement. 20
`(4) The place outside the courtroom, from which the reader reads 21
aloud the victim impact statement under subsection (2)(d), is 22
deemed to be part of the sentencing court. 23
`(5) It is not necessary that the place outside the courtroom, at 24
which the reader reads aloud the victim impact statement 25
under subsection (2)(d), be within the court precincts. 26
`(6) The court may, on its own initiative or on the application of 27
the prosecutor, vary or revoke a direction made under 28
subsection (2).'. 29
Clause 78 Amendment of sch 3 (Dictionary) 30
Schedule 3-- 31
insert-- 32
`prosecutor, for an offence, means-- 33
Page 46
Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 79]
(a) the director of public prosecutions; or 1
(b) a person prosecuting the offence on behalf of the 2
director of public prosecutions; or 3
(c) a police prosecutor prosecuting the offence.'. 4
Part 13 Amendment of Youth Justice 5
Act 1992 6
Clause 79 Act amended 7
This part amends the Youth Justice Act 1992. 8
Clause 80 Amendment of s 11 (Police officer to consider 9
alternatives to proceeding against child) 10
(1) Section 11(1)-- 11
insert-- 12
`(e) if the offence is a graffiti offence and the child may be 13
offered an opportunity to attend a graffiti removal 14
program under the Police Powers and Responsibilities 15
Act 2000, section 379A--to offer the child that 16
opportunity in accordance with that section.'. 17
(2) Section 11(4) and (5), `or (d)'-- 18
omit, insert-- 19
`, (d) or (e)'. 20
(3) Section 11(6), `or (c)'-- 21
omit, insert-- 22
`, (c) or (e)'. 23
Page 47
Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 81]
Clause 81 Amendment of s 37 (Form and content of conference 1
agreement) 2
(1) Section 37(7) to (11)-- 3
renumber as section 37(9) to (13). 4
(2) Section 37-- 5
insert-- 6
`(7) If the offence committed by the child is a graffiti offence, an 7
agreement signed by the chief executive must provide for the 8
child to be subject to a program similar to one a child is 9
subject to under a graffiti removal order. 10
`(8) However, subsection (7) does not apply if a victim of the 11
offence participating in the conference requests that the 12
agreement deal with the offence in another way mentioned in 13
subsection (4).'. 14
(3) Section 37(13), as renumbered, `subsection (10)'-- 15
omit, insert-- 16
`subsection (12)'. 17
Clause 82 Amendment of s 41 (If chief executive signs agreement 18
for program) 19
(1) Section 41(1), `or a probation order'-- 20
omit, insert-- 21
`, a probation order or a graffiti removal order'. 22
(2) Section 41(2)-- 23
omit, insert-- 24
`(2) The chief executive-- 25
(a) for a program similar to one a child is subject to under a 26
graffiti removal order--must arrange the program and 27
monitor the child's participation; and 28
(b) for a program similar to one a child is subject to under a 29
community service order or a probation order--may 30
Page 48
Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 83]
arrange the program and monitor the child's 1
participation.'. 2
Clause 83 Insertion of new s 176A 3
(1) After section 176-- 4
insert-- 5
`176A Sentence orders--graffiti offences 6
`(1) This section applies if-- 7
(a) a child is found guilty of a graffiti offence before a 8
court; and 9
(b) the child had attained at least the age of 12 years at the 10
time of the offence. 11
`(2) Without limiting section 175, the court must make a graffiti 12
removal order for the child. 13
`(3) Subject to sections 194A and 249(3), the graffiti removal 14
order must order the child to perform graffiti removal service 15
for a period no longer than-- 16
(a) if the child has not attained the age of 13 years at the 17
time of sentence--5 hours; or 18
(b) if the child has attained the age of 13 years, but not the 19
age of 15 years, at the time of sentence--10 hours; or 20
(c) if the child has attained the age of 15 years at the time of 21
sentence--20 hours.'. 22
Clause 84 Amendment of s 177 (More than 1 type of order may be 23
made for a single offence) 24
Section 177, `180'-- 25
omit, insert-- 26
`180A'. 27
Page 49
Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 85]
Clause 85 Insertion of new s 178A 1
After section 178-- 2
insert-- 3
`178A Combination of graffiti removal order and probation and 4
community service orders 5
`(1) This section applies if a court makes, for a single graffiti 6
offence (the original offence), a graffiti removal order and 7
also one or both of the following orders-- 8
(a) a probation order; 9
(b) a community service order. 10
`(2) The court-- 11
(a) must make separate orders; and 12
(b) must not impose one of the orders as a requirement of 13
the other. 14
`(3) If the child contravenes one of the orders, other than the 15
graffiti removal order, after the orders are made and is 16
resentenced for the original offence-- 17
(a) the orders, other than the graffiti removal order, are 18
discharged; and 19
(b) the court may, if it considers it appropriate, discharge 20
the graffiti removal order. 21
`(4) If the child contravenes the graffiti removal order after the 22
orders are made and is resentenced for the original offence, all 23
of the orders are discharged.'. 24
Clause 86 Amendment of s 180 (Combination of detention order and 25
other orders) 26
Section 180, heading-- 27
omit, insert-- 28
`180 Combination of detention order and probation order'. 29
Page 50
Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 87]
Clause 87 Insertion of new s 180A 1
After section 180-- 2
insert-- 3
`180A Combination of detention order and graffiti removal order 4
`(1) This section applies if a court makes-- 5
(a) a detention order and a graffiti removal order for-- 6
(i) a single graffiti offence; or 7
(ii) multiple offences of which one is a graffiti offence; 8
or 9
(b) a detention order for a child subject to 1 or more existing 10
graffiti removal orders. 11
`(2) The graffiti removal order-- 12
(a) if subsection (1)(a) applies--starts when the child is 13
released from detention under the detention order; or 14
(b) if subsection (1)(b) applies--is suspended until the child 15
is released from detention under the detention order. 16
`(3) Any period that, under section 194B(3) or 194D, applies to 17
the graffiti removal order-- 18
(a) if subsection (1)(a) applies--starts when the child is 19
released from detention under the detention order; or 20
(b) if subsection (1)(b) applies--is extended by the period 21
the child is detained under the detention order.'. 22
Clause 88 Amendment of s 183 (Recording of conviction) 23
Section 183(3), after `176'-- 24
insert-- 25
`or 176A'. 26
Clause 89 Insertion of new pt 7, div 7A 27
Part 7, after division 7-- 28
Page 51
Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 89]
insert-- 1
`Division 7A Graffiti removal orders 2
`194A Preconditions to making of graffiti removal order 3
`(1) A court must make a graffiti removal order against a child 4
found guilty by a court of a graffiti offence unless the court is 5
satisfied that, because of the child's physical or mental 6
capacity, the child is not capable of complying with the order. 7
`(2) A court must, when deciding the number of hours of graffiti 8
removal service to order under a graffiti removal order, take 9
into account the age, maturity and abilities of the child against 10
whom the order will be made. 11
`194B Requirements to be set out in graffiti removal order 12
`(1) A graffiti removal order must contain requirements-- 13
(a) that the child report in person to the chief executive 14
within 1 business day after the order is made or any 15
longer period that is specified in the order; and 16
(b) that the child perform in a satisfactory way graffiti 17
removal service, directed by the chief executive, for the 18
number of hours specified in the order; and 19
(c) that the child, while performing graffiti removal service, 20
comply with every reasonable direction of the chief 21
executive; and 22
(d) that the child or a parent of the child inform the chief 23
executive of every change in the child's place of 24
residence within 2 business days of the change; and 25
(e) that the child abstain from violation of the law during 26
the period of the order; and 27
(f) that the child not leave, or stay out of, Queensland 28
during the period of the order without the prior approval 29
of the chief executive. 30
Page 52
Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 89]
`(2) An order may contain a requirement that the child must 1
comply with outside the State. 2
Example-- 3
An order may require the child to perform graffiti removal service at a 4
place outside the State. 5
`(3) The order may contain a requirement that the child must 6
perform the graffiti removal service within a period starting 7
on the date of the order that is less than 1 year. 8
Note-- 9
If a requirement is not imposed under this subsection, the period of 1 10
year mentioned in section 194D(a) will apply. 11
`(4) Before imposing a requirement under subsection (3), a court 12
must consider what is a reasonable period for the child to 13
perform the graffiti removal in all the circumstances of the 14
case. 15
`194C Obligation of chief executive 16
`The chief executive, in giving directions to a child in relation 17
to the child's performance of graffiti removal service, is-- 18
(a) to avoid, if practicable, conflicts with the religious and 19
cultural beliefs and practices of the child or the child's 20
parent; and 21
(b) to avoid, if practicable, interference with the child's 22
attendance at a place of employment or a school or other 23
educational or training establishment; and 24
(c) to take all steps necessary to ensure that the child, if 25
practicable, is kept apart from any adult under sentence 26
for an offence. 27
`194D Graffiti removal service to be performed within limited 28
period 29
`Subject to section 180A, a child against whom a graffiti 30
removal order is made must perform the number of hours of 31
graffiti removal service specified in the order-- 32
Page 53
Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 89]
(a) within the period of 1 year starting on the date of the 1
order or, if the order states a lesser period, the lesser 2
period; or 3
(b) within any extended period that a court may order under 4
section 245 or 247; or 5
(c) within any extended period allowed by order of the 6
proper officer of the court under section 252. 7
`194E Multiple offences dealt with together 8
`(1) A court-- 9
(a) if a child is found guilty of 2 or more graffiti offences in 10
the same proceeding-- 11
(i) must make at least 1 graffiti removal order against 12
the child; and 13
(ii) may make more than 1 graffiti removal order 14
against the child; and 15
(b) if a child is found guilty of 2 or more offences in the 16
same proceeding, one of which is a graffiti 17
offence--must make a graffiti removal order against the 18
child. 19
`(2) This section does not limit section 176A. 20
`194F Limitation on number of hours of graffiti removal service 21
for multiple graffiti offences 22
`(1) This section applies if-- 23
(a) a court makes 1 or more graffiti removal orders against a 24
child found guilty of 2 or more graffiti offences, whether 25
or not the child is also found guilty of any other offence; 26
and 27
(b) the child is not subject to an existing graffiti removal 28
order. 29
`(2) The total number of hours of graffiti removal service specified 30
in the order, or orders, must not be more than the maximum 31
Page 54
Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 89]
appropriate to the child allowed by section 176A(3) for 1 1
graffiti offence. 2
`194G Limitation on number of hours of unpaid service 3
`(1) This section applies if-- 4
(a) a court makes 1 or more graffiti removal orders and 1 or 5
more community service orders against a child found 6
guilty of 1 or more graffiti offences, whether or not the 7
child is also found guilty of any other offence; and 8
(b) the child is not subject to an existing graffiti removal 9
order or an existing community service order. 10
`(2) The total number of hours of unpaid service specified in the 11
orders must not be more than the maximum number of hours 12
of community service, appropriate to the child, allowed by 13
section 175(1)(e) for 1 offence. 14
`194H Limitation on number of hours of graffiti removal service 15
when there is unperformed graffiti removal service 16
`(1) This section applies if-- 17
(a) a court makes 1 or more graffiti removal orders against a 18
child found guilty of 1 or more graffiti offences, whether 19
or not the child is also found guilty of any other offence; 20
and 21
(b) the child is subject to 1 or more existing graffiti removal 22
orders. 23
`(2) Subject to subsection (3), the number of hours of unperformed 24
graffiti removal service and the number of hours of graffiti 25
removal service ordered for the graffiti offence, or offences, 26
mentioned in subsection (1)(a) must not, when added together, 27
total more than the maximum number of hours of graffiti 28
removal service, appropriate to the child, allowed by section 29
176A(3) for 1 graffiti offence. 30
`(3) If the number of hours of unperformed graffiti removal 31
service equals the maximum number of hours of graffiti 32
Page 55
Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 89]
removal service, appropriate to the child, allowed by section 1
176A(3) for 1 graffiti offence, the graffiti removal service 2
ordered to be served for the graffiti offence, or offences, 3
mentioned in subsection (1)(a) must be performed 4
concurrently with the unperformed graffiti removal service. 5
`194I Limitation on number of hours of graffiti removal service 6
when there is unperformed unpaid service 7
`(1) This section applies if-- 8
(a) a court makes 1 or more graffiti removal orders against a 9
child found guilty of 1 or more graffiti offences, whether 10
or not the child is also found guilty of any other offence; 11
and 12
(b) the child is subject to either of the following-- 13
(i) 1 or more existing community service orders; 14
(ii) 1 or more existing graffiti removal orders and 1 or 15
more existing community service orders. 16
`(2) Subject to subsection (3), the number of hours of unperformed 17
unpaid service and the number of hours of graffiti removal 18
service ordered for the graffiti offence, or offences, mentioned 19
in subsection (1)(a) must not, when added together, total more 20
than the maximum number of hours of community service, 21
appropriate to the child, allowed by section 175(1)(e) for 1 22
offence. 23
`(3) If the number of hours of unperformed unpaid service equals 24
the maximum number of hours of community service, 25
appropriate to the child, allowed by section 175(1)(e) for 1 26
offence, then the graffiti removal service ordered to be served 27
for the graffiti offence, or offences, mentioned in subsection 28
(1)(a)-- 29
(a) must be performed concurrently with any unperformed 30
graffiti removal service to the extent that the number of 31
hours of graffiti removal service ordered to be served for 32
the graffiti offence, or offences, mentioned in subsection 33
(1)(a) is, when added to the number of hours of 34
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Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 89]
unperformed graffiti removal service, more than the 1
maximum number of hours of graffiti removal service, 2
appropriate to the child, allowed by section 176A(3) for 3
1 graffiti offence; or 4
(b) to the extent that paragraph (a) does not apply--must, 5
when it is performed by the child, be taken to be both-- 6
(i) community service performed under 1 or more of 7
the existing community service orders; and 8
(ii) graffiti removal service performed under the 9
graffiti removal order made by the court for the 10
offence. 11
`(4) For subsection (3)(b), the chief executive must-- 12
(a) subject to any order of the court, identify the existing 13
community service order, or orders, in relation to which 14
the graffiti removal service is taken to have been 15
performed; and 16
(b) notify the child in writing of the matter mentioned in 17
paragraph (a). 18
`194J Unpaid service to be performed cumulatively 19
`All unpaid service to which the following sections apply is to 20
be performed cumulatively unless the court orders 21
otherwise-- 22
(a) section 194F, subject to subsection (2) of that section; 23
(b) section 194G, subject to subsection (2) of that section; 24
(c) section 194H, subject to subsections (2) and (3) of that 25
section; 26
(d) section 194I, subject to subsections (2) and (3) of that 27
section. 28
`194K Cumulative effect of child and adult orders 29
`(1) This section applies if a person is subject to 1 or more of the 30
following orders-- 31
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Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 90]
(a) a graffiti removal order under this Act; 1
(b) a community service order under this Act; 2
(c) a graffiti removal order under the Penalties and 3
Sentences Act 1992; 4
(d) a community service order under the Penalties and 5
Sentences Act 1992. 6
`(2) To the extent that the total number of hours of service to 7
which the person is subject under all of the orders is more than 8
the maximum number of hours of unpaid service applicable to 9
the person under this division or division 8 or under the 10
Penalties and Sentences Act 1992, part 5 or 5A, the order or 11
orders made by the court is or are of no effect. 12
`(3) The hours of service in each order to which the person is 13
subject are cumulative on the hours in each other order to 14
which the person is subject, unless the court that makes the 15
order directs otherwise. 16
`194L Ending of graffiti removal order 17
`A graffiti removal order made against a child remains in 18
effect until-- 19
(a) the child has performed graffiti removal service in 20
accordance with the requirements specified under 21
section 194B(1)(b) and (c) for the number of hours 22
specified in the order; or 23
(b) the order is discharged under section 245 or 247; or 24
(c) the expiry of the period within which the graffiti 25
removal service is required to be performed under 26
section 194D; 27
whichever first happens.'. 28
Clause 90 Amendment of s 245 (Court's power on breach of order 29
other than conditional release order) 30
(1) After section 245(1)(a)-- 31
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Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 91]
insert-- 1
`(aa) for a graffiti removal order-- 2
(i) increase the number of graffiti removal service 3
hours but not so that the total number of hours is 4
more than the number allowed under section 5
176A(3) or sections 194F to 194I; or 6
(ii) extend the period within which the graffiti removal 7
service must be performed, but not so that the 8
extended period ends more than 1 year after the 9
court acts under this section; or'. 10
(2) Section 245(3), after `subsection (1)(a)'-- 11
insert-- 12
`, (aa)'. 13
Clause 91 Amendment of s 249 (Matters relevant to making further 14
order) 15
Section 249-- 16
insert-- 17
`(3) If the community based order is a graffiti removal order, the 18
court need not, when resentencing the child for the graffiti 19
offence for which the order was made, make another graffiti 20
removal order.'. 21
Clause 92 Amendment of s 252 (Variations by consent) 22
Section 252(5)-- 23
insert-- 24
`(ca) for a graffiti removal order--an amendment that-- 25
(i) increases the number of graffiti removal service 26
hours; or 27
(ii) lessens the period within which the graffiti removal 28
service is required to be performed;'. 29
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Criminal Law Amendment Bill (No. 2) 2012
Part 13 Amendment of Youth Justice Act 1992
[s 93]
Clause 93 Amendment of sch 4 (Dictionary) 1
(1) Schedule 4-- 2
insert-- 3
graffiti offence means an offence against the Criminal Code, 4
section 469 that is punishable under section 469, item 9. 5
graffiti removal order means a graffiti removal order in force 6
under part 7, division 7A. 7
graffiti removal program see the Police Powers and 8
Responsibilities Act 2000, section 379A(10). 9
graffiti removal service means-- 10
(a) the removal of graffiti; or 11
(b) work related or incidental to the work mentioned in 12
paragraph (a); or 13
(c) other work related to or incidental to the clean up of 14
public places whether or not it relates to the removal of 15
graffiti. 16
remove, in relation to graffiti, includes the following-- 17
(a) repair; 18
(b) conceal; 19
(c) cover; 20
(d) attempt to remove. 21
Example-- 22
painting over graffiti 23
unpaid service means the following-- 24
(a) community service required to be performed under a 25
community service order; 26
(b) graffiti removal service required to be performed under 27
a graffiti removal order. 28
unperformed graffiti removal service, for a child, means 29
graffiti removal service that the child-- 30
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Part 13 Amendment of Youth Justice Act 1992
[s 93]
(a) is required to perform under a graffiti removal order; 1
and 2
(b) has not performed. 3
unperformed unpaid service, for a child, means unpaid 4
service that the child-- 5
(a) is required to perform under a community service order 6
or a graffiti removal order; and 7
(b) has not performed.'. 8
(2) Schedule 4, definition community based order, after 9
`probation order'-- 10
insert-- 11
`, graffiti removal order'. 12
© State of Queensland 2012
Page 61
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