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CRIMINAL LAW (CRIMINAL ORGANISATIONS DISRUPTION) AMENDMENT BILL 2013

          Queensland



Criminal Law (Criminal
Organisations Disruption)
Amendment Bill 2013

 


 

 

Queensland Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Part 2 Amendment of Bail Act 1980 2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 3 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 Amendment of s 16 (Refusal of bail) . . . . . . . . . . . . . . . . . . . . . . 10 Part 3 Amendment of Crime and Misconduct Act 2001 5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 Replacement of ch 2, pt 2 hdg (Major crime) . . . . . . . . . . . . . . . . 12 7 Replacement of ch 2, pt 2, div 1 hdg (Major crime function) . . . . 12 8 Replacement of s 25 (Commission's major crime function) . . . . . 12 25 Commission's crime function . . . . . . . . . . . . . . . . . . . 12 9 Amendment of s 32 (Police task forces and other operational agreements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 10 Amendment of s 53 (Intelligence functions) . . . . . . . . . . . . . . . . . 13 11 Insertion of new ch 2, pt 4, divs 2A-2B . . . . . . . . . . . . . . . . . . . . 13 Division 2A Particular authorisations by reference committee 55A Authorising the commission . . . . . . . . . . . . . . . . . . . . 13 55B Matters to which the reference committee must consider before granting an authorisation . . . . . . . . . 15 55C Reference committee may give commission directions about intelligence operations . . . . . . . . . . . 15 Division 2B Public safety 55D Immediate response function to threats to public safety involving criminal organisations . . . . . . . . . . . . 16 55E How commission performs its immediate response function ................................. 16

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Contents 55F Authorising the commission . . . . . . . . . . . . . . . . . . . . 17 12 Amendment of s 75A (Application of div 2A) . . . . . . . . . . . . . . . . 17 13 Amendment of s 75B (Power to require immediate production) . . 18 14 Amendment of s 82 (Notice to attend hearing--general) . . . . . . . 18 15 Amendment of s 85 (Notices requiring immediate attendance may be issued only by or with the approval of a Supreme Court judge) ........................................... 19 16 Amendment of s 167 (Arrest warrant application) . . . . . . . . . . . . 20 17 Amendment of s 168 (Issue of arrest warrant) . . . . . . . . . . . . . . . 20 18 Amendment of s 176 (Commission may hold hearings). . . . . . . . 21 19 Amendment of ch 4, pt 2, div 2, sdiv 1, hdg (Crime investigations and witness protection function) . . . . . . . . . . . . . . . . . . . . . . . . . . 21 20 Amendment of s 184 (Application of sdiv 1). . . . . . . . . . . . . . . . . 21 21 Amendment of s 185 (Refusal to produce--claim of reasonable excuse) .......................................... 21 22 Amendment of ch 4, pt 2, div 3, sdiv 1 hdg (Crime investigations and witness protection function) . . . . . . . . . . . . . . . . . . . . . . . . . . 22 23 Amendment of s 189 (Application of sdiv 1). . . . . . . . . . . . . . . . . 22 24 Amendment of s 190 (Refusal to answer question) . . . . . . . . . . . 22 25 Amendment of ch 4, pt 2, div 4, sdiv 1 hdg (Crime investigations and witness protection function) . . . . . . . . . . . . . . . . . . . . . . . . . . 23 26 Amendment of s 193 (Application of sdiv 1). . . . . . . . . . . . . . . . . 23 27 Amendment of s 197 (Restriction on use of privileged answers, documents, things or statements disclosed or produced under compulsion) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 28 Amendment of s 198 (Contempt of person conducting commission hearing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 29 Insertion of new s 198A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 198A Person in contempt may be detained . . . . . . . . . . . . 25 30 Amendment of s 199 (Punishment of contempt) . . . . . . . . . . . . . 25 31 Amendment of s 201 (Commission must give evidence to defence unless court certifies otherwise) . . . . . . . . . . . . . . . . . . . 27 32 Amendment of s 205 (Legal assistance for crime investigations) 27 33 Amendment of s 270 (Delegation--chairperson) . . . . . . . . . . . . . 27 34 Amendment of s 275 (Functions of reference committee) . . . . . . 27 35 Amendment of s 277 (Reference committee may obtain information from commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 36 Amendment of s 278 (Membership of reference committee) . . . . 29 37 Amendment of s 348 (Regulation-making power) . . . . . . . . . . . . 29 Page 2

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Contents 38 Insertion of new s 348A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 348A Criteria for recommending an entity be declared a criminal organisation . . . . . . . . . . . . . . . . . . . . . . . . . 30 39 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 31 Part 4 Amendment of Criminal Code 40 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 41 Amendment of s 1 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 33 42 Insertion of new ss 60A-60C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 60A Participants in criminal organisation being knowingly present in public places . . . . . . . . . . . . . . . . . . . . . . . 34 60B Participants in criminal organisation entering prescribed places and attending prescribed events . . 35 60C Participants in criminal organisation recruiting persons to become participants in the organisation . . 36 43 Amendment of s 72 (Affray) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 44 Amendment of s 92A (Misconduct in relation to public office) . . . 38 45 Amendment of s 320 (Grievous bodily harm) . . . . . . . . . . . . . . . . 38 46 Amendment of s 340 (Serious assaults) . . . . . . . . . . . . . . . . . . . 39 47 Amendment of s 408D (Obtaining or dealing with identification information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 48 Amendment of s 552D (When Magistrates Court must abstain from jurisdiction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 49 Insertion of new s 708A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 708A Criteria for recommending an entity be declared a criminal organisation . . . . . . . . . . . . . . . . . . . . . . . . . 40 Part 5 Amendment of Penalties and Sentences Act 1992 50 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 51 Amendment of s 160A (Application of ss 160B-160D) . . . . . . . . 42 52 Amendment of s 187 (Disqualification from holding Queensland driver licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Part 6 Amendment of Police Powers and Responsibilities Act 2000 53 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 54 Amendment of s 29 (Searching persons without warrant) . . . . . . 44 55 Amendment of s 32 (Prescribed circumstances for searching vehicle without warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 56 Amendment of s 40 (Person may be required to state name and address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 57 Amendment of s 41 (Prescribed circumstances for requiring name and address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Page 3

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Contents 58 Amendment of s 42 (Power for age-related offences and for particular motor vehicle related purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . 46 59 Amendment of s 60 (Stopping vehicles for prescribed purposes) 46 60 Insertion of new ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Chapter 4A Motor vehicle forfeiture for particular criminal organisation offences Part 1 Preliminary Division 1 Interpretation 123A Definitions for ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . 47 123B Meaning of criminal organisation offence . . . . . . . . . . 48 123C References to motor vehicle includes motorbike . . . . 48 123D When a person is charged for this chapter in relation to a criminal organisation offence. . . . . . . . . . . . . . . . 49 123E Punishment under this chapter is in addition to other punishment for the same offence . . . . . . . . . . . . . . . . 49 Division 2 Relationship with other legislation 123F National Credit Code . . . . . . . . . . . . . . . . . . . . . . . . . 49 Part 2 Impounding motor vehicles and forfeiture of motor vehicles Division 1 Impounding powers and forfeiture of vehicles in particular circumstances 123G Impounding motor vehicles for criminal organisation offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 123H Forfeiture of motor vehicles if driver found guilty of criminal organisation offence . . . . . . . . . . . . . . . . . . . 51 Division 2 Immobilising powers Subdivision 1 Preliminary 123I Purpose of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 123J References to impounding a motor vehicle includes reference to immobilising vehicle . . . . . . . . . . . . . . . . 52 Subdivision 2 Removal and confiscation of number plate powers 123K Power to remove and confiscate number plates. . . . . 52 123L Moving motor vehicle to which number plate confiscation notice is attached . . . . . . . . . . . . . . . . . . 53 Subdivision 3 Immobilising device powers 123M Power to attach immobilising device. . . . . . . . . . . . . . 53 Division 3 Vehicle production notices 123N Power to require motor vehicle to be produced . . . . . 54 Page 4

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Contents 123O Impoundment starts when motor vehicle produced . . 55 123P Vehicle production notices generally . . . . . . . . . . . . . 55 Division 4 General provisions relating to impounding motor vehicles 123Q Particular powers for impounding motor vehicles . . . . 56 123R Release of motor vehicle in particular circumstances 57 123S Police officer may authorise tow . . . . . . . . . . . . . . . . . 58 123T Impounding notice or immobilising notice . . . . . . . . . 58 Division 5 Other provisions relating to impounded motor vehicles Subdivision 1 Preliminary 123U Definitions for div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 123V Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Subdivision 2 Application for release of impounded motor vehicle 123W Application for release of impounded motor vehicle on basis of severe hardship . . . . . . . . . . . . . . . . . . . . 63 123X Decision on application for release of impounded motor vehicle on basis of severe hardship . . . . . . . . . 63 123Y Application for release of impounded motor vehicle on basis criminal organisation offence happened without owner's consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 123Z Decision on application for release of impounded motor vehicle on basis criminal organisation offence happened without owner's consent . . . . . . . . . . . . . . 66 123ZA Application for release of impounded motor vehicle on basis that offender not a participant in a criminal organisation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 123ZB Decision on application for release of impounded motor vehicle on basis that offender not a participant in a criminal organisation . . . . . . . . . . . . . . . . . . . . . . . . 68 123ZC Impoundment ends if application for release of motor vehicle granted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Subdivision 3 Appeals 123ZD Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 123ZE How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . 70 123ZF Effect of appeal on decision . . . . . . . . . . . . . . . . . . . . 71 123ZG Commissioner has right of appearance . . . . . . . . . . . 71 123ZH Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . 71 123ZI Powers of Magistrates Court . . . . . . . . . . . . . . . . . . . 72 Page 5

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Contents Subdivision 4 Miscellaneous 123ZJ Power to take certain action if breach of condition . . . 72 Part 3 Offences 123ZK Offence to remove vehicle from holding yard . . . . . . . 73 123ZL Failure to comply with requirement to produce motor vehicle .................................. 73 123ZM Offence to operate vehicle to which number plate confiscation notice attached . . . . . . . . . . . . . . . . . . . . 73 123ZN Offence to remove, tamper with or modify number plate confiscation notice . . . . . . . . . . . . . . . . . . . . . . . 73 123ZO Offence to remove, tamper with or modify immobilising device . . . . . . . . . . . . . . . . . . . . . . . . . . 74 123ZP Offence to operate motor vehicle if immobilising device unlawfully removed, tampered with or modified 74 123ZQ Offence to breach condition made on release of motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 123ZR Offence to modify, sell or dispose of motor vehicle subject to vehicle production notice . . . . . . . . . . . . . . 74 Part 4 Other provisions Division 1 Liability for cost of impounding 123ZS State's liability to pay costs of impounding . . . . . . . . . 75 123ZT Liability to pay costs of impounding--adult driver . . . 76 123ZU Liability to pay costs of impounding--child driver. . . . 76 123ZV Payment of costs if motor vehicle not recovered . . . . 78 123ZW Registration of costs under State Penalties Enforcement Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . 79 Division 2 Release of impounded vehicle 123ZX Release of motor vehicle if driver found not guilty etc. 80 Division 3 Sale, transfer or disposal of impounded or forfeited motor vehicle 123ZY Sale of motor vehicle if not recovered after impounding ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 123ZZ Sale of impounded motor vehicle if driver fails to appear 82 123ZZA Disposal of forfeited motor vehicle . . . . . . . . . . . . . . . 83 123ZZB Application of proceeds of sale . . . . . . . . . . . . . . . . . 83 123ZZC Compensation for disposal of motor vehicle if driver found not guilty etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Division 4 Other provisions 123ZZD Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 85 Page 6

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Contents 123ZZE Third party protection relating to forfeiture . . . . . . . . . 85 123ZZF Delegation--commissioner . . . . . . . . . . . . . . . . . . . . 87 61 Amendment of s 150 (Search warrant application) . . . . . . . . . . . 88 62 Amendment of s 156 (What search warrant must state) . . . . . . . 88 63 Amendment of s 686 (Application of pt 3) . . . . . . . . . . . . . . . . . . 88 64 Amendment of s 754 (Offence for driver of motor vehicle to fail to stop motor vehicle) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 65 Amendment of s 809 (Regulation-making power) . . . . . . . . . . . . 89 66 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 89 Part 7 Amendment of Tow Truck Act 1973 67 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 68 Amendment of s 38 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . 90 69 Amendment of s 43 (Regulation-making power) . . . . . . . . . . . . . 91 Part 8 Other matters 70 Making of Criminal Code (Criminal Organisations) Regulation 2013 .......................................... 91 71 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 72 Automatic repeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Schedule 1 Criminal Code (Criminal Organisations) Regulation 2013 . . . 92 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 2 Entities declared to be criminal organisations . . . . . . . . . . . . . . . 92 3 Places declared to be prescribed places . . . . . . . . . . . . . . . . . . . 93 Schedule 2 Other amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 1 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 2 Insertion of new s 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 18 Entities declared to be criminal organisations . . . . . . 96 Page 7

 


 

 

2013 A Bill for An Act to amend the Bail Act 1980, the Crime and Misconduct Act 2001, the Criminal Code, the Penalties and Sentences Act 1992, the Police Powers and Responsibilities Act 2000 and the Tow Truck Act 1973 for particular purposes, to make a regulation under the Criminal Code and to amend the Crime and Misconduct Regulation 2005 for particular purposes

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 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 (Criminal 4 Organisations Disruption) Amendment Act 2013. 5 Part 2 Amendment of Bail Act 1980 6 Clause 2 Act amended 7 This part amends the Bail Act 1980. 8 Clause 3 Amendment of s 6 (Definitions) 9 Section 6-- 10 insert-- 11 criminal organisation see the Criminal Code, 12 section 1. 13 participant, in a criminal organisation, see the 14 Criminal Code, section 60A. 15 Clause 4 Amendment of s 16 (Refusal of bail) 16 (1) Section 16-- 17 insert-- 18 (3A) If the defendant is a participant in a criminal 19 organisation, the court or police officer must-- 20 Page 10

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 2 Amendment of Bail Act 1980 [s 4] (a) refuse to grant bail unless the defendant 1 shows cause why the defendant's detention 2 in custody is not justified; and 3 (b) if bail is granted or the defendant is released 4 under section 11A-- 5 (i) require the defendant to surrender the 6 defendant's current passport; and 7 (ii) include in the order a statement of the 8 reasons for granting bail or releasing 9 the defendant. 10 (3B) If the defendant is required to surrender the 11 defendant's current passport under subsection 12 (3A)(b)(i), the court or police officer must order 13 that the defendant be detained in custody-- 14 (a) until the court or police officer is satisfied 15 about whether the defendant is the holder of 16 a current passport; and 17 (b) if the defendant is the holder of a current 18 passport--the passport is surrendered. 19 (3C) For subsection (3A), it does not matter whether 20 the offence with which the defendant is charged 21 is an indictable offence, a simple offence or a 22 regulatory offence. 23 (3D) Subsection (3A) does not apply if the defendant 24 proves that the criminal organisation is not an 25 organisation whose participants have as their 26 purpose, or 1 of their purposes, engaging in, or 27 conspiring to engage in, criminal activity. 28 (2) Section 16(4), after (3)-- 29 insert-- 30 or (3A) 31 Page 11

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 5] Part 3 Amendment of Crime and 1 Misconduct Act 2001 2 Clause 5 Act amended 3 This part amends the Crime and Misconduct Act 2001. 4 Clause 6 Replacement of ch 2, pt 2 hdg (Major crime) 5 Chapter 2, part 2, heading-- 6 omit, insert-- 7 Part 2 Crime 8 Clause 7 Replacement of ch 2, pt 2, div 1 hdg (Major crime 9 function) 10 Chapter 2, part 2, division 1, heading-- 11 omit, insert-- 12 Division 1 Crime function 13 Clause 8 Replacement of s 25 (Commission's major crime 14 function) 15 Section 25-- 16 omit, insert-- 17 25 Commission's crime function 18 The commission has a function (its crime function)-- 19 (a) to investigate major crime referred to it, 20 under division 2, by the reference 21 committee; and 22 (b) to investigate, under an authorisation under 23 section 55F, incidents a criminal 24 organisation or participants in criminal 25 organisations have engaged in, or are 26 Page 12

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 9] planning to engage in, that threatened or 1 may threaten public safety. 2 Clause 9 Amendment of s 32 (Police task forces and other 3 operational agreements) 4 Section 32(3), `section 275(b)'-- 5 omit, insert-- 6 section 275(d) 7 Clause 10 Amendment of s 53 (Intelligence functions) 8 (1) Section 53(a), after `activities'-- 9 insert-- 10 , including specific intelligence operations 11 authorised by the reference committee, 12 (2) Section 53(b), (c) and (d)-- 13 renumber as section 53(c), (d) and (e). 14 (3) Section 53-- 15 insert-- 16 (b) to hold intelligence function hearings under 17 an authorisation under section 55F; 18 Clause 11 Insertion of new ch 2, pt 4, divs 2A-2B 19 After chapter 2, part 4, division 2-- 20 insert-- 21 Division 2A Particular authorisations 22 by reference committee 23 55A Authorising the commission 24 (1) The section applies if the reference committee is 25 satisfied that there are reasonable grounds to 26 Page 13

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 11] suspect that-- 1 (a) a criminal organisation, or a participant in a 2 criminal organisation, has engaged in, is 3 engaging in, or is planning to engage in, 4 criminal activity; or 5 (b) a person, regardless of whether the person 6 holds an appointment, has engaged in, is 7 engaging in, or is planning to engage in 8 misconduct to support or help a criminal 9 organisation or a participant in a criminal 10 organisation. 11 (2) The reference committee may authorise the 12 commission to undertake a specific intelligence 13 operation, including by holding hearings. 14 (3) The authorisation must be in writing and 15 identify-- 16 (a) the criminal organisation or participant to be 17 investigated by the commission; and 18 (b) the suspected criminal activity or 19 misconduct; and 20 (c) the purpose of the intelligence operation. 21 (4) The authorisation may relate to any 22 circumstances implying, or any allegations, that 23 particular criminal activity or misconduct, is 24 reasonably suspected. 25 (5) The authorisation may be made by the reference 26 committee-- 27 (a) on its own initiative; or 28 (b) if asked by the assistant commissioner, 29 crime or the assistant commissioner, 30 misconduct. 31 (6) In this section-- 32 criminal activity means any act or omission that 33 involves the commission of an offence. 34 Page 14

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 11] hold an appointment means hold an appointment 1 in a unit of public administration. 2 55B Matters to which the reference committee 3 must consider before granting an 4 authorisation 5 (1) The reference committee may authorise the 6 commission to undertake a specific intelligence 7 operation under section 55A only if it is 8 satisfied-- 9 (a) as required under the section; and 10 (b) it is in the public interest to authorise the 11 commission to undertake the specific 12 intelligence operation. 13 (2) In considering the public interest, the reference 14 committee may also have regard to the likely 15 effectiveness of an investigation into criminal 16 activity or misconduct without the use of powers 17 available to the commission under this division. 18 (3) In this section-- 19 criminal activity means any act or omission that 20 involves the commission of an offence. 21 55C Reference committee may give commission 22 directions about intelligence operations 23 (1) The reference committee may give the 24 commission directions imposing limitations on 25 the commission's intelligence operation under an 26 authorisation under section 55A, including 27 limitations on the exercise of the commission's 28 powers for the operations. 29 (2) The reference committee may also direct the 30 commission to end a specific intelligence 31 operation under an authorisation if the committee 32 considers-- 33 Page 15

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 11] (a) it may be more appropriate for another 1 entity to undertake the intelligence 2 operation; or 3 (b) it may be more effective for another entity to 4 undertake the intelligence operation; or 5 (c) undertaking an intelligence operation is not 6 a justifiable use of the commission's 7 resources; or 8 (d) the commission undertaking an intelligence 9 operation is not in the public interest. 10 (3) The commission must comply with a direction 11 given under subsection (1) or (2). 12 (4) The reference committee may amend the terms of 13 an authorisation on its own initiative or if asked 14 by the assistant commissioner, crime or the 15 assistant commissioner, misconduct. 16 (5) To remove any doubt, it is declared that 17 subsection (2)(d) is not limited by section 18 55B(2). 19 Division 2B Public safety 20 55D Immediate response function to threats to 21 public safety involving criminal organisations 22 The commission has an immediate response function 23 in relation to an incident that threatened or may 24 threaten public safety under an authorisation under 25 section 55F. 26 55E How commission performs its immediate 27 response function 28 The commission performs its immediate response 29 function by exercising its powers-- 30 Page 16

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 12] (a) to undertake crime investigations as 1 authorised under section 55F; and 2 (b) to hold intelligence function hearings under 3 authorisations under section 55F. 4 55F Authorising the commission 5 (1) This section applies if the chairperson is 6 satisfied-- 7 (a) there are reasonable grounds to suspect a 8 criminal organisation or a participant in a 9 criminal organisation has engaged in, or is 10 planning to engage in, an incident that 11 threatened or may threaten public safety; 12 and 13 (b) it is in the public interest for the commission 14 to conduct a crime investigation or hold an 15 intelligence function hearing in response to, 16 or to prevent, the threat to public safety. 17 (2) The chairperson may authorise the crime 18 investigation or the holding of an intelligence 19 hearing (or both) in response to, or to prevent, the 20 threat to public safety. 21 (3) The authorisation must be in writing and 22 identify-- 23 (a) the incident or anticipated incident; and 24 (b) the criminal organisation or participant; and 25 (c) the purpose of the crime investigation or 26 intelligence function hearing. 27 Clause 12 Amendment of s 75A (Application of div 2A) 28 Section 75A, from `or'-- 29 omit, insert-- 30 Page 17

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 13] , a misconduct investigation or an intelligence 1 function hearing. 2 Clause 13 Amendment of s 75B (Power to require immediate 3 production) 4 Section 75B(1), note, after `crime investigation'-- 5 insert-- 6 or intelligence function hearing 7 Clause 14 Amendment of s 82 (Notice to attend hearing--general) 8 (1) Section 82(1)-- 9 insert-- 10 (c) for an intelligence function hearing-- 11 (i) to give evidence; or 12 (ii) to produce a stated document or thing. 13 (2) Section 82(2)(a)(iii)-- 14 omit, insert-- 15 (iii) a misconduct investigation; or 16 (iv) the intelligence function; and 17 (3) Section 82(4)-- 18 insert-- 19 (c) for an attendance notice issued in the 20 context of an intelligence function 21 hearing--any matter that relates to the 22 matter for which the attendance notice was 23 issued. 24 (4) Section 82(6)-- 25 omit, insert-- 26 (6) A prescribed person's fear, whether genuinely 27 held or not, of-- 28 Page 18

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 15] (a) personal physical harm or damage to the 1 person's property; or 2 (b) physical harm to someone else, or damage 3 to the property of someone else, with whom 4 the person has a connection or bond; 5 is not a reasonable excuse to fail to comply with 6 the attendance notice for a hearing in relation to a 7 crime investigation or the intelligence function if 8 the investigation or function relates to a criminal 9 organisation or a participant in a criminal 10 organisation. 11 (7) If the commission hearing is being held under an 12 authorisation under section 55F, the chairperson 13 may issue an attendance notice requiring a person 14 to attend immediately at the commission hearing 15 at a stated place. 16 (8) This section, other than subsection (7), is subject 17 to section 85. 18 (9) In this section-- 19 prescribed person means a person who is a 20 participant in a criminal organisation. 21 Clause 15 Amendment of s 85 (Notices requiring immediate 22 attendance may be issued only by or with the approval of 23 a Supreme Court judge) 24 (1) Section 85(2)-- 25 insert-- 26 (c) for a notice issued in the context of an 27 intelligence function hearing under an 28 authorisation under section 55A, delay in 29 attendance might result in the loss of an 30 opportunity to obtain timely intelligence-- 31 (i) in advance of a significant event; or 32 Page 19

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 16] (ii) that may help prevent a risk to public 1 safety. 2 Note-- 3 An attendance notice issued under section 82(7) 4 that requires the immediate attendance of 5 someone at a commission hearing does not require 6 the court's approval under this section. 7 (2) Section 85(3)-- 8 omit, insert-- 9 (3) Subsection (3A) applies to an attendance notice 10 issued in the context of a crime investigation or 11 misconduct investigation or the performance of 12 the intelligence function under an authorisation 13 under section 55A. 14 (3A) The notice need not state the general nature of the 15 matters about which the person may be 16 questioned if the chairperson is satisfied that, in 17 the particular circumstances of the investigation 18 or the performance of the function, stating the 19 matters would prejudice the effectiveness of the 20 investigation or the performance of the function. 21 Clause 16 Amendment of s 167 (Arrest warrant application) 22 (1) Section 167(1), `Supreme Court judge'-- 23 omit, insert-- 24 `magistrate'. 25 (2) Section 167(3). `judge'-- 26 omit, insert-- 27 `magistrate'. 28 Clause 17 Amendment of s 168 (Issue of arrest warrant) 29 Section 168(1), `judge'-- 30 omit, insert-- 31 Page 20

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 18] `magistrate'. 1 Clause 18 Amendment of s 176 (Commission may hold hearings) 2 Section 176-- 3 insert-- 4 (3) The commission may hold a hearing in relation to 5 the performance of its intelligence function if the 6 hearing is permitted under an authorisation under 7 section 55A or 55F. 8 Clause 19 Amendment of ch 4, pt 2, div 2, sdiv 1, hdg (Crime 9 investigations and witness protection function) 10 Chapter 4, part 2, division 2, subdivision 1, heading, from `and'-- 11 omit, insert-- 12 and intelligence and witness protection functions 13 Clause 20 Amendment of s 184 (Application of sdiv 1) 14 (1) Section 184(b)-- 15 renumber as section 184(c). 16 (2) Section 184-- 17 insert-- 18 (b) an intelligence function hearing; or 19 Clause 21 Amendment of s 185 (Refusal to produce--claim of 20 reasonable excuse) 21 (1) Section 185-- 22 insert-- 23 (3A) A prescribed person's fear, whether genuinely 24 held or not, of-- 25 Page 21

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 22] (a) personal physical harm or damage to the 1 person's property; or 2 (b) physical harm to someone else, or damage 3 to the property of someone else, with whom 4 the person has a connection or bond; 5 is not a reasonable excuse to fail to comply with 6 an attendance notice or requirement made under 7 section 75B if the hearing relates to a criminal 8 organisation or a participant in a criminal 9 organisation. 10 (2) Section 185-- 11 insert-- 12 (10) In this section-- 13 prescribed person means a person who is a 14 participant in a criminal organisation. 15 Clause 22 Amendment of ch 4, pt 2, div 3, sdiv 1 hdg (Crime 16 investigations and witness protection function) 17 Chapter 4, part 2, division 3, subdivision 1, heading, from `and'-- 18 omit, insert-- 19 and intelligence and witness protection functions 20 Clause 23 Amendment of s 189 (Application of sdiv 1) 21 (1) Section 189(b)-- 22 renumber as section 189(c). 23 (2) Section 189-- 24 insert-- 25 (b) an intelligence function hearing; or 26 Clause 24 Amendment of s 190 (Refusal to answer question) 27 (1) Section 190(1), after `officer'-- 28 Page 22

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 25] insert-- 1 , unless the person has a reasonable excuse 2 (2) Section 190-- 3 insert-- 4 (4) A prescribed person's fear, whether genuinely 5 held or not, of-- 6 (a) personal physical harm or damage to the 7 person's property; or 8 (b) physical harm to someone else, or damage 9 to the property of someone else, with whom 10 the person has a connection or bond; 11 is not a reasonable excuse to fail to answer a 12 question if the investigation or intelligence 13 hearing relates to a criminal organisation or a 14 participant in a criminal organisation. 15 (5) In this section-- 16 prescribed person means a person who is a 17 participant in a criminal organisation. 18 Clause 25 Amendment of ch 4, pt 2, div 4, sdiv 1 hdg (Crime 19 investigations and witness protection function) 20 Chapter 4, part 2, division 4, subdivision 1, heading, from `and'-- 21 omit, insert-- 22 and intelligence and witness protection functions 23 Clause 26 Amendment of s 193 (Application of sdiv 1) 24 (1) Section 193(b)-- 25 renumber as section 193(c). 26 (2) Section 193-- 27 insert-- 28 (b) an intelligence function hearing; 29 Page 23

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 27] Clause 27 Amendment of s 197 (Restriction on use of privileged 1 answers, documents, things or statements disclosed or 2 produced under compulsion) 3 Section 197(3)-- 4 insert-- 5 (c) if the proceeding is a proceeding, other than 6 a proceeding for the prosecution of an 7 offence, under the Confiscation Act. 8 Clause 28 Amendment of s 198 (Contempt of person conducting 9 commission hearing) 10 Section 198-- 11 insert-- 12 (4) To remove any doubt, it is declared that the 13 following contraventions relating to a hearing 14 may be certified in writing to the Supreme Court 15 under section 199 as a contempt of the presiding 16 officer-- 17 (a) a failure by a person, under section 183, to 18 take an oath when required by the presiding 19 officer; 20 (b) a failure by a person, under section 185 or 21 188, to produce a stated document or thing 22 at a commission hearing under an 23 attendance notice or a requirement made 24 under section 75B without reasonable 25 excuse; 26 (c) a failure by a person, under section 190 or 27 192, to answer a question put to the person 28 at the hearing by the presiding officer 29 without reasonable or lawful excuse. 30 Clause 29 Insertion of new s 198A 31 After section 198-- 32 Page 24

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 30] insert-- 1 198A Person in contempt may be detained 2 (1) If the presiding officer expresses an intention at 3 the hearing to certify the contempt in writing to 4 the Supreme Court, the presiding officer may, 5 during the hearing, direct a police officer to 6 detain the person for the purpose of bringing the 7 person before the Supreme Court to be dealt with 8 according to law. 9 (2) If the person is detained under subsection (1), the 10 person must be brought before the court as soon 11 as practicable. 12 Clause 30 Amendment of s 199 (Punishment of contempt) 13 Section 199-- 14 insert-- 15 (8A) However, if-- 16 (a) the contempt that is certified is-- 17 (i) a failure by a person, under section 18 183, to take an oath when required by 19 the presiding officer; or 20 (ii) a failure by a person, under section 185 21 or 188, to produce a stated document or 22 thing at a commission hearing under an 23 attendance notice or a requirement 24 made under section 75B without 25 reasonable excuse; or 26 (iii) a failure by a person, under section 190 27 or 192, to answer a question put to the 28 person at the hearing by the presiding 29 officer without reasonable or lawful 30 excuse; and 31 (b) the court is satisfied the person has 32 committed the contempt; 33 Page 25

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 30] the court must punish the person in contempt by 1 imprisonment to be served wholly in a corrective 2 services facility. 3 (8B) The minimum punishment the court must impose 4 is-- 5 (a) for a first contempt--imprisonment for the 6 term decided by the court; or 7 (b) for a second contempt relating to a hearing 8 dealing with the same subject matter as that 9 dealt with in a hearing in which the person's 10 contempt was first certified--2 years and 6 11 months imprisonment; or 12 (c) for a third or subsequent contempt relating 13 to a hearing dealing with the same subject 14 matter as that dealt with in at least 2 15 hearings in each of which the person's 16 contempt was certified--5 years 17 imprisonment. 18 (8C) The maximum punishment the court may impose 19 is at the discretion of the court. 20 (8D) A person punished by imprisonment under 21 subsection (8A) may be brought before the 22 commission to ascertain whether the person 23 wishes to purge the contempt. 24 (8E) A person imprisoned under subsection (8A) may 25 be brought before the Supreme Court, on the 26 person's or the commission's application, for a 27 declaration that the person has purged the 28 contempt. 29 (8F) The court may order the person's discharge from 30 prison before the end of the term-- 31 (a) if it is satisfied that the person has purged 32 the contempt; and 33 Page 26

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 31] (b) it has heard the commission's submissions 1 in relation to the application and the 2 person's discharge from prison. 3 Clause 31 Amendment of s 201 (Commission must give evidence to 4 defence unless court certifies otherwise) 5 Section 201-- 6 insert-- 7 (1A) This section does not apply to evidence obtained 8 by the commission at an intelligence function 9 hearing. 10 Clause 32 Amendment of s 205 (Legal assistance for crime 11 investigations) 12 Section 205-- 13 insert-- 14 (1A) This section does not apply to crime 15 investigations authorised under section 55F. 16 Clause 33 Amendment of s 270 (Delegation--chairperson) 17 Section 270(2)-- 18 omit, insert-- 19 (2) However-- 20 (a) the chairperson's powers under section 55F 21 or 82(7), may only be delegated to the 22 assistant commissioner, crime; and 23 (b) the chairperson's powers under section 272 24 may only be delegated to an assistant 25 commissioner. 26 Clause 34 Amendment of s 275 (Functions of reference committee) 27 (1) Section 275(b) and (c)-- 28 Page 27

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 35] renumber as section 275(c) and (d). 1 (2) Section 275-- 2 insert-- 3 (b) to authorise the commission, as provided 4 under chapter 2, part 4, division 2A, to 5 undertake specific intelligence operations; 6 Clause 35 Amendment of s 277 (Reference committee may obtain 7 information from commission) 8 (1) Section 277(1)(a), from `major crime'-- 9 omit, insert-- 10 -- 11 (i) major crime; or 12 (ii) an authorisation under section 55A to 13 undertake specific intelligence 14 operations, including any hearing held 15 under the authorisation; and 16 (2) Section 277-- 17 insert-- 18 (2A) The assistant commissioner, misconduct must 19 keep the reference committee informed of the 20 general conduct of the assistant commissioner's 21 operations in the performance of the 22 commission's function in relation to 23 authorisations under section 55A to undertake 24 specific intelligence operations if the operation 25 involves suspected misconduct. 26 (3) Section 277(3)(a), after `major crime'-- 27 insert-- 28 or an authorisation under section 55A to 29 undertake specific intelligence operations 30 under the authorisation; and 31 Page 28

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 36] (4) Section 277-- 1 insert-- 2 (4A) Subsection (4B) applies if the reference 3 committee asks the assistant commissioner, 4 misconduct to give it information concerning a 5 specific intelligence operation authorised under 6 section 55A if the operation involves suspected 7 misconduct. 8 (4B) The assistant commissioner, misconduct must 9 comply with the request and give the help the 10 reference committee needs to consider the 11 information. 12 Clause 36 Amendment of s 278 (Membership of reference 13 committee) 14 (1) Section 278(1)-- 15 insert-- 16 (ea) subject to subsection (1B), the assistant 17 commissioner, misconduct; 18 (2) Section 278-- 19 insert-- 20 (1B) The assistant commissioner, misconduct is a 21 member of the reference committee only when 22 the committee is performing a function that 23 relates to an authorisation under section 55A for 24 a matter involving suspected misconduct. 25 Clause 37 Amendment of s 348 (Regulation-making power) 26 Section 348(2)-- 27 omit, insert-- 28 (2) Without limiting subsection (1), a regulation 29 may-- 30 Page 29

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 38] (a) provide for-- 1 (i) procedures to be followed in 2 proceedings before the commission; or 3 (ii) procedures to be observed by 4 commission officers and other persons 5 in performing the commission's 6 functions or exercising the 7 commission's powers; or 8 (b) declare an entity to be a criminal 9 organisation. 10 Clause 38 Insertion of new s 348A 11 Chapter 7-- 12 insert-- 13 348A Criteria for recommending an entity be 14 declared a criminal organisation 15 (1) In deciding whether to recommend an 16 amendment of the Crime and Misconduct 17 Regulation 2005 to declare an entity to be a 18 criminal organisation, the Minister may have 19 regard to the following matters-- 20 (a) any information suggesting a link exists 21 between the entity and serious criminal 22 activity; 23 (b) any convictions recorded in relation to-- 24 (i) current or former participants in the 25 entity; or 26 (ii) persons who associate, or have 27 associated, with participants in the 28 entity; 29 (c) any information suggesting current or 30 former participants in the entity have been, 31 or are, involved in serious criminal activity 32 (whether directly or indirectly and whether 33 Page 30

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 39] or not the involvement has resulted in any 1 convictions); 2 (d) any information suggesting participants in 3 an interstate or overseas chapter or branch 4 (however described) of the entity have as 5 their purpose, or 1 of their purposes, 6 organising, planning, facilitating, supporting 7 or engaging in serious criminal activity; 8 (e) any other matter the Minister considers 9 relevant. 10 (2) In this section-- 11 conviction means a finding of guilt by a court, or 12 the acceptance of a plea of guilty by a court, 13 whether or not a conviction is recorded. 14 serious criminal activity see the Criminal 15 Organisation Act 2009, section 6. 16 participant, in an entity, means a person who-- 17 (a) (whether by words or conduct, or in any 18 other way) asserts, declares or advertises his 19 or her membership of, or association with, 20 the entity; or 21 (b) (whether by words or conduct, or in any 22 other way) seeks to be a member of, or to be 23 associated with, the entity; or 24 (c) has attended more than 1 meeting or 25 gathering of persons who participate in the 26 affairs of the entity in any way; or 27 (d) has taken part on any 1 or more occasions in 28 the affairs of the entity in any other way. 29 Clause 39 Amendment of sch 2 (Dictionary) 30 (1) Schedule 2-- 31 insert-- 32 Page 31

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 3 Amendment of Crime and Misconduct Act 2001 [s 39] criminal organisation means-- 1 (a) an organisation of 3 or more persons-- 2 (i) who have as their purpose, or 1 of their 3 purposes, engaging in, organising, 4 planning, facilitating, supporting, or 5 otherwise conspiring to engage in, 6 serious criminal activity as defined 7 under the Criminal Organisation Act 8 2009; and 9 (ii) who, by their association, represent an 10 unacceptable risk to the safety, welfare 11 or order of the community; or 12 (b) a criminal organisation under the Criminal 13 Organisation Act 2009; or 14 (c) an entity declared under a regulation to be a 15 criminal organisation. 16 intelligence function hearing means a hearing 17 authorised under section 55A or 55F(2). 18 participant, in a criminal organisation, means-- 19 (a) if the organisation is a body corporate--a 20 director or officer of the body corporate; or 21 (b) a person who (whether by words or conduct, 22 or in any other way) asserts, declares or 23 advertises his or her membership of, or 24 association with, the organisation; or 25 (c) a person who (whether by words or conduct, 26 or in any other way) seeks to be a member 27 of, or to be associated with, the 28 organisation; or 29 (d) a person who attends more than 1 meeting 30 or gathering of persons who participate in 31 the affairs of the organisation in any way; or 32 (e) a person who takes part in the affairs of the 33 organisation in any other way. 34 Page 32

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 4 Amendment of Criminal Code [s 40] specific intelligence operation means a specific 1 intelligence operation authorised by the reference 2 committee under section 55A. 3 (2) Schedule 2, definition privilege, paragraph (a), `or the witness 4 protection function'-- 5 omit, insert-- 6 or the intelligence or witness protection 7 functions-- 8 Part 4 Amendment of Criminal Code 9 Clause 40 Code amended 10 This part amends the Criminal Code. 11 Clause 41 Amendment of s 1 (Definitions) 12 Section 1, definition criminal organisation-- 13 omit, insert-- 14 criminal organisation means-- 15 (a) an organisation of 3 or more persons-- 16 (i) who have as their purpose, or 1 of their 17 purposes, engaging in, organising, 18 planning, facilitating, supporting, or 19 otherwise conspiring to engage in, 20 serious criminal activity as defined 21 under the Criminal Organisation Act 22 2009; and 23 (ii) who, by their association, represent an 24 unacceptable risk to the safety, welfare 25 or order of the community; or 26 Page 33

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 4 Amendment of Criminal Code [s 42] (b) a criminal organisation under the Criminal 1 Organisation Act 2009; 2 (c) an entity declared under a regulation to be a 3 criminal organisation. 4 Clause 42 Insertion of new ss 60A-60C 5 Chapter 9-- 6 insert-- 7 60A Participants in criminal organisation being 8 knowingly present in public places 9 (1) Any person who is a participant in a criminal 10 organisation and is knowingly present in a public 11 place with 2 or more other persons who are 12 participants in a criminal organisation commits 13 an offence. 14 Minimum penalty--6 months imprisonment 15 served wholly in a corrective services facility. 16 Maximum penalty--3 years imprisonment. 17 (2) It is a defence to a charge of an offence against 18 subsection (1) to prove that the criminal 19 organisation is not an organisation whose 20 participants have as their purpose, or 1 of their 21 purposes, engaging in, or conspiring to engage in, 22 criminal activity. 23 (3) In this section-- 24 member, of an organisation, includes an associate 25 member, or prospective member, however 26 described. 27 participant, in a criminal organisation, means-- 28 (a) if the organisation is a body corporate--a 29 director or officer of the body corporate; or 30 (b) a person who (whether by words or conduct, 31 or in any other way) asserts, declares or 32 Page 34

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 4 Amendment of Criminal Code [s 42] advertises his or her membership of, or 1 association with, the organisation; or 2 (c) a person who (whether by words or conduct, 3 or in any other way) seeks to be a member 4 of, or to be associated with, the 5 organisation; or 6 (d) a person who attends more than 1 meeting 7 or gathering of persons who participate in 8 the affairs of the organisation in any way; or 9 (e) a person who takes part in the affairs of the 10 organisation in any other way. 11 public place means-- 12 (a) a place, or part of a place, that the public is 13 entitled to use, is open to members of the 14 public or is used by the public, whether or 15 not on payment of money; or 16 (b) a place, or part of a place, the occupier of 17 which allows, whether or not on payment of 18 money, members of the public to enter. 19 60B Participants in criminal organisation entering 20 prescribed places and attending prescribed 21 events 22 (1) Any person who is a participant in a criminal 23 organisation and enters, or attempts to enter, a 24 prescribed place commits an offence. 25 Minimum penalty--6 months imprisonment 26 served wholly in a corrective services facility. 27 Maximum penalty--3 years imprisonment. 28 (2) Any person who is a participant in a criminal 29 organisation and attends, or attempts to attend, a 30 prescribed event commits an offence. 31 Minimum penalty--6 months imprisonment 32 served wholly in a corrective services facility. 33 Page 35

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 4 Amendment of Criminal Code [s 42] Maximum penalty--3 years imprisonment. 1 (3) It is a defence to a charge of an offence against 2 subsection (1) or (2) to prove that the criminal 3 organisation is not an organisation whose 4 participants have as their purpose, or 1 of their 5 purposes, engaging in, or conspiring to engage in, 6 criminal activity. 7 (4) In this section-- 8 participant, in a criminal organisation, see 9 section 60A. 10 prescribed event means an event declared under a 11 regulation to be a prescribed event. 12 prescribed place means a place declared under a 13 regulation to be a prescribed place. 14 60C Participants in criminal organisation recruiting 15 persons to become participants in the 16 organisation 17 (1) Any person who is a participant in a criminal 18 organisation and recruits, or attempts to recruit, 19 anyone to become a participant in a criminal 20 organisation commits an offence. 21 Minimum penalty--6 months imprisonment 22 served wholly in a corrective services facility. 23 Maximum penalty--3 years imprisonment. 24 (2) It is a defence to a charge of an offence against 25 subsection (1) to prove that the criminal 26 organisation is not an organisation whose 27 participants have as their purpose, or 1 of their 28 purposes, engaging in, or conspiring to engage in, 29 criminal activity. 30 (3) In this section-- 31 Page 36

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 4 Amendment of Criminal Code [s 43] criminal organisation does not include a 1 criminal organisation under the Criminal 2 Organisation Act 2009. 3 participant, in a criminal organisation, see 4 section 60A. 5 recruit, a person, to become a participant in a 6 criminal organisation, includes counsel, procure, 7 solicit, incite and induce the person, including by 8 promoting the organisation, to become a 9 participant in the organisation. 10 Clause 43 Amendment of s 72 (Affray) 11 Section 72-- 12 insert-- 13 (2) If the person convicted of an offence against 14 subsection (1) is a participant in a criminal 15 organisation, the offence is punishable on 16 conviction as follows-- 17 Minimum penalty--6 months imprisonment 18 served wholly in a corrective services facility; 19 Maximum penalty--7 years imprisonment. 20 (3) For an offence defined in subsection (1) alleged 21 to have been committed with the circumstance of 22 aggravation mentioned in subsection (2), it is a 23 defence to the circumstance of aggravation to 24 prove that the criminal organisation is not an 25 organisation whose participants have as their 26 purpose, or 1 of their purposes, engaging in, or 27 conspiring to engage in, criminal activity. 28 (4) In this section-- 29 participant, in a criminal organisation, see 30 section 60A. 31 Page 37

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 4 Amendment of Criminal Code [s 44] Clause 44 Amendment of s 92A (Misconduct in relation to public 1 office) 2 (1) Section 92A-- 3 insert-- 4 (4A) The offender is liable to imprisonment for 14 5 years if, for an offence against subsection (1) or 6 (2), the person who dishonestly gained a benefit, 7 directly or indirectly, was a participant in a 8 criminal organisation. 9 (4B) For an offence defined in subsection (1) or (2) 10 alleged to have been committed with the 11 circumstance of aggravation mentioned in 12 subsection (4A), it is a defence to the 13 circumstance of aggravation to prove that the 14 criminal organisation is not an organisation 15 whose participants have as their purpose, or 1 of 16 their purposes, engaging in, or conspiring to 17 engage in, criminal activity. 18 (2) Section 92A(5)-- 19 insert-- 20 participant, in a criminal organisation, see 21 section 60A. 22 Clause 45 Amendment of s 320 (Grievous bodily harm) 23 Section 320-- 24 insert-- 25 (2) If the offender is a participant in a criminal 26 organisation and unlawfully does grievous bodily 27 harm to a police officer while acting in the 28 execution of the officer's duty, the offender must 29 be imprisoned for 1 year with the imprisonment 30 served wholly in a corrective services facility. 31 (3) It is a defence to the circumstance of aggravation 32 mentioned in subsection (2) to prove that the 33 Page 38

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 4 Amendment of Criminal Code [s 46] criminal organisation is not an organisation 1 whose participants have as their purpose, or 1 of 2 their purposes, engaging in, or conspiring to 3 engage in, criminal activity. 4 (4) In this section-- 5 participant, in a criminal organisation, see 6 section 60A. 7 Clause 46 Amendment of s 340 (Serious assaults) 8 (1) Section 340-- 9 insert-- 10 (1A) If the offender is a participant in a criminal 11 organisation and assaults a police officer in any 12 of the circumstances mentioned in paragraph (a) 13 of the maximum penalty for subsection (1), the 14 offender must be imprisoned for 1 year with the 15 imprisonment served wholly in a corrective 16 services facility. 17 (1B) It is a defence to the circumstance of aggravation 18 mentioned in subsection (1A) to prove that the 19 criminal organisation is not an organisation 20 whose participants have as their purpose, or 1 of 21 their purposes, engaging in, or conspiring to 22 engage in, criminal activity. 23 (2) Section 340(3)-- 24 insert-- 25 participant, in a criminal organisation, see 26 section 60A. 27 Clause 47 Amendment of s 408D (Obtaining or dealing with 28 identification information) 29 (1) Section 408D, after subsection (1)-- 30 insert-- 31 Page 39

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 4 Amendment of Criminal Code [s 48] (1AA) If the person obtaining or dealing with the 1 identification information supplies it to a 2 participant in a criminal organisation, the person 3 is liable to imprisonment for 7 years. 4 (1AB) For an offence defined in subsection (1) alleged 5 to have been committed with the circumstance of 6 aggravation mentioned in subsection (1AA), it is 7 a defence to the circumstance of aggravation to 8 prove that the criminal organisation is not an 9 organisation whose participants have as their 10 purpose, or 1 of their purposes, engaging in, or 11 conspiring to engage in, criminal activity. 12 (2) Section 408D(7)-- 13 insert-- 14 participant, in a criminal organisation, see 15 section 60A. 16 Clause 48 Amendment of s 552D (When Magistrates Court must 17 abstain from jurisdiction) 18 Section 552D-- 19 insert-- 20 (2A) A Magistrates Court must abstain from dealing 21 summarily with a charge if the defendant is 22 alleged to be a vicious lawless associate under 23 the Vicious Lawless Association 24 Disestablishment Act 2013. 25 Clause 49 Insertion of new s 708A 26 Part 8, chapter 71-- 27 insert-- 28 708A Criteria for recommending an entity be 29 declared a criminal organisation 30 (1) In deciding whether to recommend an 31 amendment of the Criminal Code (Criminal 32 Page 40

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 4 Amendment of Criminal Code [s 49] Organisations) Regulation 2013 to declare an 1 entity to be a criminal organisation, the Minister 2 may have regard to the following matters-- 3 (a) any information suggesting a link exists 4 between the entity and serious criminal 5 activity; 6 (b) any convictions recorded in relation to-- 7 (i) current or former participants in the 8 entity; or 9 (ii) persons who associate, or have 10 associated, with participants in the 11 entity; 12 (c) any information suggesting current or 13 former participants in the entity have been, 14 or are, involved in serious criminal activity 15 (whether directly or indirectly and whether 16 or not the involvement has resulted in any 17 convictions); 18 (d) any information suggesting participants in 19 an interstate or overseas chapter or branch 20 (however described) of the entity have as 21 their purpose, or 1 of their purposes, 22 organising, planning, facilitating, supporting 23 or engaging in serious criminal activity; 24 (e) any other matter the Minister considers 25 relevant. 26 (2) In this section-- 27 conviction means a finding of guilt by a court, or 28 the acceptance of a plea of guilty by a court, 29 whether or not a conviction is recorded. 30 serious criminal activity see the Criminal 31 Organisation Act 2009, section 6. 32 participant, in an entity, means a person who-- 33 Page 41

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 5 Amendment of Penalties and Sentences Act 1992 [s 50] (a) (whether by words or conduct, or in any 1 other way) asserts, declares or advertises his 2 or her membership of, or association with, 3 the entity; or 4 (b) (whether by words or conduct, or in any 5 other way) seeks to be a member of, or to be 6 associated with, the entity; or 7 (c) has attended more than 1 meeting or 8 gathering of persons who participate in the 9 affairs of the entity in any way; or 10 (d) has taken part on any 1 or more occasions in 11 the affairs of the entity in any other way. 12 Part 5 Amendment of Penalties and 13 Sentences Act 1992 14 Clause 50 Act amended 15 This part amends the Penalties and Sentences Act 1992. 16 Clause 51 Amendment of s 160A (Application of ss 160B-160D) 17 Section 160A(4), examples-- 18 insert-- 19 a provision providing that a minimum term of 20 imprisonment be served 21 Clause 52 Amendment of s 187 (Disqualification from holding 22 Queensland driver licence) 23 (1) Section 187(2) and (3)-- 24 renumber as section 187(3) and (4). 25 (2) Section 187-- 26 Page 42

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 5 Amendment of Penalties and Sentences Act 1992 [s 52] insert-- 1 (2) However, if the offender is convicted of a 2 prescribed offence (whether or not the offence 3 was committed in connection with, or arose out 4 of, the driving of a motor vehicle), the court 5 must, in addition to any sentence that it may 6 impose, order that the offender is, from the time 7 of the conviction, disqualified absolutely, or for a 8 period, not less than 3 months, as is ordered by 9 the court, from holding or obtaining a 10 Queensland driver licence. 11 (3) Section 187(4), as renumbered, `subsection (1)'-- 12 omit, insert-- 13 this section 14 (4) Section 187(4), as renumbered-- 15 insert-- 16 prescribed offence means an offence against any 17 of the following provisions of the Criminal 18 Code-- 19 (a) section 60A; 20 (b) section 60B; 21 (c) section 60C; 22 (d) section 72, if the offender is convicted of the 23 offence with the circumstance of 24 aggravation mentioned in section 72(2). 25 Page 43

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 53] Part 6 Amendment of Police Powers 1 and Responsibilities Act 2000 2 Clause 53 Act amended 3 This part amends the Police Powers and Responsibilities Act 4 2000. 5 Clause 54 Amendment of s 29 (Searching persons without warrant) 6 Section 29-- 7 insert-- 8 (1A) A police officer who reasonably suspects a 9 person is a participant in a criminal organisation 10 may, without a warrant, do any of the 11 following-- 12 (a) stop and detain the person; 13 (b) search the person and anything in the 14 person's possession for anything that may 15 provide evidence of the commission of an 16 offence. 17 Clause 55 Amendment of s 32 (Prescribed circumstances for 18 searching vehicle without warrant) 19 Section 32, after `warrant are that'-- 20 insert-- 21 the vehicle is being used by, or is in the possession of, 22 a participant in a criminal organisation or 23 Clause 56 Amendment of s 40 (Person may be required to state 24 name and address) 25 Section 40-- 26 insert-- 27 Page 44

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 57] (2A) If-- 1 (a) a police officer reasonably suspects the 2 person is a person mentioned in section 3 41(ba)(i) or is a person mentioned in section 4 41(ba)(ii); and 5 (b) the person can not provide evidence of the 6 correctness of the stated name or address 7 when the requirement is made; 8 the person may be detained for a reasonable time 9 to confirm the correctness of the stated name and 10 address. 11 (2B) If the police officer reasonably suspects it is 12 necessary to do so to confirm the correctness of 13 the stated name given by a person mentioned in 14 subsection (2A), the police officer may take or 15 photograph all or any of the person's identifying 16 particulars. 17 (2C) If the person is not proceeded against for an 18 identifying particulars offence within 12 months, 19 the identifying particulars must be destroyed 20 within a reasonable time in the presence of a 21 justice. 22 Clause 57 Amendment of s 41 (Prescribed circumstances for 23 requiring name and address) 24 Section 41-- 25 insert-- 26 (ba) a police officer-- 27 (i) reasonably suspects the person is a 28 participant in a criminal organisation; 29 or 30 (ii) finds the person at a prescribed place as 31 defined under the Criminal Code, 32 section 60B; or 33 Page 45

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 58] (iii) finds the person at a prescribed event as 1 defined under the Criminal Code, 2 section 60B; 3 Clause 58 Amendment of s 42 (Power for age-related offences and 4 for particular motor vehicle related purposes) 5 Section 42(1)(c)(i), after `chapter 4'-- 6 insert-- 7 or 4A 8 Clause 59 Amendment of s 60 (Stopping vehicles for prescribed 9 purposes) 10 Section 60(3)(h), after `chapter 4'-- 11 insert-- 12 or 4A 13 Clause 60 Insertion of new ch 4A 14 After chapter 4-- 15 insert-- 16 Page 46

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] Chapter 4A Motor vehicle 1 forfeiture for 2 particular criminal 3 organisation 4 offences 5 Part 1 Preliminary 6 Division 1 Interpretation 7 123A Definitions for ch 4A 8 In this chapter-- 9 criminal organisation offence see section 123B. 10 immobilise, for a motor vehicle, includes restrict 11 the use of the motor vehicle by way of an 12 immobilising device or the removal and 13 confiscation of the motor vehicle's number 14 plates. 15 immobilising device, for a motor vehicle, 16 includes a wheel clamp. 17 immobilising notice, for a criminal organisation 18 offence, see section 123T(2). 19 impounding notice, for a criminal organisation 20 offence, see section 123T(2). 21 number plate means a plate or other device 22 designed to be attached to a motor vehicle to 23 identify the motor vehicle. 24 number plate confiscation notice see section 25 123K(2). 26 Page 47

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] usual possessor, of a motor vehicle, means a 1 person other than an owner of the vehicle who 2 usually has lawful possession of the vehicle. 3 vehicle production notice, for a criminal 4 organisation offence, see section 123N(2). 5 123B Meaning of criminal organisation offence 6 (1) A criminal organisation offence means any of 7 the following offences-- 8 (a) an offence against the Criminal Code, 9 section 60A, 60B or 60C committed in 10 relation to a motor vehicle; 11 (b) an offence against the Criminal Code, 12 section 72 committed in relation to a motor 13 vehicle and with the circumstance of 14 aggravation mentioned in section 72(2); 15 (c) an offence against section 754 if the driver is 16 a participant in a criminal organisation. 17 (2) For subsection (1)(a) and (b), an offence is 18 committed in relation to a motor vehicle if the 19 vehicle is used by the offender in connection with 20 the commission of the offence, including, for 21 example, using the vehicle-- 22 (a) to drive to or from the place where the 23 offence is committed; or 24 (b) during the commission of the offence. 25 123C References to motor vehicle includes 26 motorbike 27 To remove any doubt, it is declared that a reference in 28 this chapter to a motor vehicle in relation to a criminal 29 organisation offence includes a reference to a 30 motorbike. 31 Page 48

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] 123D When a person is charged for this chapter in 1 relation to a criminal organisation offence 2 (1) This section applies for this chapter if a 3 proceeding for a criminal organisation offence is 4 started against a person by notice to appear or 5 arrest. 6 (2) If the proceeding is started by notice to appear, 7 the person is taken to be charged with having 8 committed the offence when the notice to appear 9 is issued and served on the person. 10 (3) If the proceeding is started by arrest, the person is 11 taken to be charged with having committed the 12 offence when the person is arrested. 13 123E Punishment under this chapter is in addition 14 to other punishment for the same offence 15 The impounding or forfeiture of a motor vehicle under 16 this chapter arising out of the commission of a 17 criminal organisation offence is in addition to any 18 other penalty that may be imposed on the person for 19 the criminal organisation offence. 20 Division 2 Relationship with other 21 legislation 22 123F National Credit Code 23 Nothing in this chapter affects the rights of a credit 24 provider to repossess a motor vehicle under the 25 National Credit Code and sell it. 26 Page 49

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] Part 2 Impounding motor 1 vehicles and forfeiture 2 of motor vehicles 3 Division 1 Impounding powers and 4 forfeiture of vehicles in 5 particular circumstances 6 123G Impounding motor vehicles for criminal 7 organisation offence 8 (1) A police officer may impound a motor vehicle if 9 the driver of the motor vehicle is charged with 10 having committed a criminal organisation 11 offence in relation to the motor vehicle. 12 Note-- 13 For when a person is charged with an offence, see 14 section 123D. 15 (2) A motor vehicle impounded under subsection (1) 16 may be impounded until the end of the 17 proceedings for all charges of criminal 18 organisation offences in relation to the motor 19 vehicle. 20 Note-- 21 See section 123ZX about the release of a motor vehicle 22 if the driver of the motor vehicle is found not guilty of 23 the criminal organisation offence, the proceeding for the 24 criminal organisation offence is discontinued, or the 25 driver is found guilty of an offence against a provision 26 mentioned in section 123B(1)(b) or (c) but not in the 27 circumstance of being a participant in a criminal 28 organisation. 29 (3) This section applies subject to division 5. 30 Note-- 31 Division 5 contains provisions relating to applications 32 for release of impounded motor vehicles. 33 Page 50

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] 123H Forfeiture of motor vehicles if driver found 1 guilty of criminal organisation offence 2 (1) This section applies in relation to a motor vehicle 3 impounded under section 123G if the driver of 4 the motor vehicle is found guilty of the criminal 5 organisation offence. 6 (2) On the driver being found guilty-- 7 (a) the motor vehicle becomes the property of 8 the State; and 9 (b) any right of a person to enforce a security 10 interest under the Personal Property 11 Securities Act 2009 (Cwlth) against a person 12 other than the State by taking possession of 13 the vehicle is extinguished. 14 (3) This section applies subject to division 5. 15 Note-- 16 Under division 5 the commissioner may grant an 17 application for the release of an impounded motor 18 vehicle. 19 (4) However, subsection (5) applies if-- 20 (a) before the driver of the motor vehicle is 21 found guilty of the criminal organisation 22 offence, the motor vehicle is released under 23 section 123X, 123Z or 123ZB with a 24 condition; and 25 (b) the motor vehicle is later impounded under 26 section 123ZJ because of a breach of the 27 condition. 28 (5) Subsection (2) applies in relation to the motor 29 vehicle as if the motor vehicle had not been 30 released under section 123X, 123Z or 123ZB. 31 Page 51

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] Division 2 Immobilising powers 1 Subdivision 1 Preliminary 2 123I Purpose of div 2 3 The purpose of this division is to provide for keeping a 4 motor vehicle that is to be impounded under division 1 5 at a place other than a holding yard before it is 6 impounded under division 1. 7 123J References to impounding a motor vehicle 8 includes reference to immobilising vehicle 9 In this chapter, if the context permits, a reference to 10 impounding under this chapter in relation to a motor 11 vehicle includes a reference to immobilising the motor 12 vehicle under this division. 13 Subdivision 2 Removal and confiscation 14 of number plate powers 15 123K Power to remove and confiscate number 16 plates 17 (1) This section applies if-- 18 (a) a police officer intends to impound a motor 19 vehicle under division 1; and 20 (b) the police officer decides that it is 21 appropriate in the circumstances for the 22 motor vehicle to be kept at a place other 23 than a holding yard before it is impounded 24 under division 1. 25 (2) The police officer may remove and confiscate the 26 number plates attached to the motor vehicle and 27 Page 52

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] attach a notice (a number plate confiscation 1 notice) to the motor vehicle. 2 (3) Except as provided under this chapter, a motor 3 vehicle to which a number plate confiscation 4 notice is attached under this section is prohibited 5 from being operated from the day the notice is 6 attached to the vehicle. 7 Note-- 8 See sections 123ZM and 123ZN for number plate 9 offences. 10 (4) A motor vehicle to which a number plate 11 confiscation notice is attached under this section 12 is taken to be impounded under this chapter from 13 the day the notice is attached to the vehicle. 14 123L Moving motor vehicle to which number plate 15 confiscation notice is attached 16 A motor vehicle to which a number plate confiscation 17 notice is attached under section 123K may be moved 18 (for example, by being driven or towed) to a place 19 authorised by a police officer where the motor vehicle 20 may lawfully stand. 21 Subdivision 3 Immobilising device 22 powers 23 123M Power to attach immobilising device 24 (1) This section applies if-- 25 (a) a police officer intends to impound a motor 26 vehicle under division 1; and 27 (b) the police officer decides that it is 28 appropriate in the circumstances for the 29 motor vehicle to be kept at a place other 30 Page 53

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] than a holding yard before it is impounded 1 under division 1. 2 (2) The police officer may attach an immobilising 3 device, or arrange for an immobilising device to 4 be attached, to the motor vehicle. 5 (3) Except as provided under this chapter, a motor 6 vehicle to which an immobilising device is 7 attached under this section is prohibited from 8 being operated from the day the device is 9 attached to the vehicle. 10 Note-- 11 See sections 123ZO and 123ZP for immobilising device 12 offences. 13 (4) A motor vehicle to which an immobilising device 14 is attached under this section is taken to be 15 impounded under this chapter from the day the 16 device is attached to the vehicle. 17 Division 3 Vehicle production notices 18 123N Power to require motor vehicle to be 19 produced 20 (1) This section applies if a police officer may 21 impound a motor vehicle under division 1. 22 (2) The police officer may require the owner or 23 driver by notice in the approved form (a vehicle 24 production notice) to produce the vehicle at a 25 stated place and stated time for impoundment or 26 immobilisation. 27 (3) The time or place stated in the notice must be 28 reasonable in the circumstances. 29 (4) If for any reason it is not practicable to give a 30 vehicle production notice, the requirement may 31 Page 54

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] be made orally and confirmed by a vehicle 1 production notice as soon as practicable. 2 123O Impoundment starts when motor vehicle 3 produced 4 (1) This section applies to a motor vehicle in relation 5 to which a vehicle production notice has been 6 given under section 123N. 7 (2) The motor vehicle is impounded under division 1 8 from when the motor vehicle is produced at the 9 place stated in the notice. 10 123P Vehicle production notices generally 11 (1) The date stated in a vehicle production notice for 12 production of a motor vehicle must be a date that 13 is no later than the first business day occurring 5 14 days after the notice is given. 15 (2) The disposal of a motor vehicle within the period 16 of 5 days after a vehicle production notice is 17 given in relation to the motor vehicle does not 18 affect the requirement to produce the motor 19 vehicle in accordance with the notice, except as 20 provided by subsection (3). 21 (3) A vehicle production notice ceases to have effect 22 in relation to a motor vehicle if it is withdrawn by 23 the commissioner by notice in writing given to-- 24 (a) the owner or driver of the motor vehicle to 25 whom the vehicle production notice was 26 given; or 27 (b) a person who purchased the motor vehicle 28 after the production notice was given who 29 satisfies the commissioner that the purchase 30 was made in good faith for value and 31 without notice, at the time of the purchase, 32 of the production notice. 33 Page 55

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] Division 4 General provisions relating 1 to impounding motor 2 vehicles 3 123Q Particular powers for impounding motor 4 vehicles 5 (1) To impound or immobilise a motor vehicle under 6 this chapter a police officer may-- 7 (a) stop the motor vehicle if it is moving, 8 whether or not the motor vehicle is on a 9 road; or 10 (b) require the driver of the motor vehicle if it is 11 stationary to remain at the place where it is 12 stopped for the time reasonably necessary; 13 or 14 (c) direct the person who has the key needed to 15 move the motor vehicle-- 16 (i) to give the key to a police officer; or 17 (ii) if the motor vehicle is in a dwelling, to 18 move the motor vehicle out of the 19 dwelling, and to give the key to a 20 police officer; or 21 (d) if it is necessary to enter the motor vehicle 22 to impound or immobilise it, enter the motor 23 vehicle to impound or immobilise it; or 24 (e) enter a place, other than the part of the place 25 that is a dwelling, and stay for a reasonable 26 time on the place; or 27 (f) do anything else reasonably necessary for 28 impounding or immobilising the motor 29 vehicle. 30 (2) Also, when impounding or immobilising a motor 31 vehicle that is not registered under a transport 32 Act, a police officer may require the driver of the 33 Page 56

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] motor vehicle to state the name and address of 1 the owner of the motor vehicle. 2 Note-- 3 Failure to comply with a direction or requirement given 4 or made under this section is an offence against section 5 791. 6 (3) After impounding a motor vehicle, a police 7 officer may move the motor vehicle, or arrange 8 for the motor vehicle to be moved, to a holding 9 yard in the way the police officer considers 10 appropriate. 11 Example of ways of moving a motor vehicle after it is 12 impounded-- 13 driving, pushing, towing or transporting the motor 14 vehicle 15 (4) Subsection (1)(a) and (b) are in addition to, and 16 do not limit, sections 60 and 61. 17 (5) Also, the powers exercisable under subsection 18 (1)(a) and (b) may be exercised before or after 19 the motor vehicle is impounded or immobilised. 20 123R Release of motor vehicle in particular 21 circumstances 22 (1) If a motor vehicle that is impounded is a motor 23 vehicle that is being unlawfully used or has been 24 stolen or is a rental motor vehicle, the motor 25 vehicle must be released to the owner as soon as 26 reasonably practicable. 27 (2) In this section-- 28 rental motor vehicle means a motor vehicle 29 made available by a person in the course of a 30 business in which the person rents vehicles to 31 members of the public. 32 Page 57

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] unlawfully, in relation to the use of a motor 1 vehicle, means in contravention of the Summary 2 Offences Act 2005, section 25. 3 123S Police officer may authorise tow 4 (1) This section applies if a police officer arranges 5 for an impounded motor vehicle to be towed to a 6 holding yard. 7 (2) A police officer may sign a towing authority for 8 the impounded motor vehicle. 9 (3) The driver of a tow truck towing the impounded 10 motor vehicle under a towing authority must tow 11 the motor vehicle to-- 12 (a) if the police officer directs the driver to tow 13 the motor vehicle to a particular holding 14 yard or place--the holding yard or the 15 place; or 16 (b) if paragraph (a) does not apply--the holding 17 yard to which the driver ordinarily tows 18 motor vehicles. 19 (4) In this section-- 20 towing authority means-- 21 (a) a towing authority under the Tow Truck Act 22 1973; or 23 (b) another document authorising a person to 24 tow a motor vehicle. 25 123T Impounding notice or immobilising notice 26 (1) This section applies if a motor vehicle is 27 impounded or immobilised under this chapter. 28 (2) As soon as reasonably practicable, a police 29 officer must give written notice in the approved 30 form (impounding notice) of the impounding, or 31 Page 58

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] written notice in the approved form 1 (immobilising notice) of the immobilising, to-- 2 (a) the driver of the motor vehicle; and 3 (b) if the driver is not the owner or not the only 4 owner of the motor vehicle--the owner or 5 each other owner of the motor vehicle. 6 (3) If the driver is a child, the impounding notice or 7 the immobilising notice must also be given to the 8 child's parent or guardian if it is reasonably 9 practicable to do so, unless the parent or guardian 10 is given notice under subsection (2). 11 (4) The impounding notice or the immobilising 12 notice must state-- 13 (a) that the motor vehicle is impounded under 14 this chapter until the end of the proceedings 15 for all charges of criminal organisation 16 offences in relation to the motor vehicle; and 17 (b) that, if the driver of the motor vehicle is 18 found guilty of the criminal organisation 19 offence for which the vehicle was 20 impounded, the motor vehicle may be 21 forfeited to the State under section 123H; 22 and 23 (c) the prescribed impoundment information. 24 (5) When giving an impounding notice or 25 immobilising notice under this section to a child 26 or the child's parent or guardian, the police 27 officer giving the notice must also give the person 28 an explanation of the matters stated in the 29 impounding notice or immobilising notice. 30 (6) The police officer may give the explanation by 31 giving the person a statement, in the approved 32 form, containing the explanation if it is 33 appropriate in the circumstances to do so. 34 Page 59

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (7) An impounding notice or immobilising notice 1 given to a driver under subsection (2)(a) must be 2 given personally to the driver. 3 (8) If the name of an owner of the motor vehicle is 4 not known, an impounding notice or 5 immobilising notice required to be given to the 6 owner under subsection (2)(b) may be given by 7 making the information required to be included 8 on the impounding notice or immobilising notice, 9 other than the owner's name and address, 10 available on the police service internet website. 11 (9) In this section-- 12 prescribed impoundment information means-- 13 (a) information about how the owner of a motor 14 vehicle impounded under this chapter may 15 recover the motor vehicle; and 16 (b) a statement that, before the motor vehicle 17 may be recovered, the owner may be 18 required to produce satisfactory evidence of 19 the ownership of the motor vehicle; and 20 (c) a statement that, if the driver is an adult, the 21 driver will be required to pay the costs of 22 removing and keeping the motor vehicle; 23 and 24 (d) a statement that, if the driver is a child and 25 the child is found guilty of the offence for 26 which the motor vehicle was impounded, 27 the court may order the child or the child's 28 parent or guardian to pay the costs of 29 removing and keeping the motor vehicle; 30 and 31 (e) a statement that, if the owner of a motor 32 vehicle fails to recover the motor vehicle 33 after the impoundment ends under this 34 chapter and the owner was the driver of the 35 motor vehicle when it was impounded, the 36 Page 60

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] owner is liable to pay the costs of keeping 1 the motor vehicle for each day after the 2 impoundment ends, whether or not the 3 driver is found guilty of the offence for 4 which the motor vehicle is impounded; and 5 (f) a statement that, if the owner of the motor 6 vehicle fails to recover the motor vehicle 7 after the impounding ends under this chapter 8 and the owner was not the driver of the 9 motor vehicle when it was impounded, the 10 owner is liable to pay the costs of keeping 11 the motor vehicle for each day after the 12 impoundment ends that is more than 2 13 business days after the owner is given the 14 impounding notice; and 15 (g) the penalty for unlawfully removing the 16 motor vehicle from the place at which it is 17 held; and 18 (h) any other information prescribed under a 19 regulation. 20 Division 5 Other provisions relating 21 to impounded motor 22 vehicles 23 Subdivision 1 Preliminary 24 123U Definitions for div 5 25 In this division-- 26 eligible person, for a motor vehicle, means an 27 owner, usual driver or usual possessor of the 28 motor vehicle. 29 Page 61

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] information notice, for a decision of the 1 commissioner under this division, means a notice 2 stating-- 3 (a) the decision; and 4 (b) the reasons for the decision; and 5 (c) that the person to whom the notice is given 6 may appeal against the decision within 28 7 days after the person receives the notice; and 8 (d) how the person may appeal against the 9 decision. 10 vehicle release notice, for a motor vehicle, 11 means a notice stating-- 12 (a) the decision of the commissioner made 13 under this division; and 14 (b) the time and date when the impoundment of 15 the vehicle ends under this division; and 16 (c) any conditions to which the release of the 17 motor vehicle is subject. 18 123V Application of div 5 19 (1) This division applies in relation to a motor 20 vehicle impounded under this chapter other than 21 a motor vehicle registered under a transport Act 22 in the name of an entity that was a declared 23 criminal organisation when the criminal 24 organisation offence for which the vehicle was 25 impounded was committed. 26 (2) In this section-- 27 declared criminal organisation means an entity 28 declared under a regulation under the Criminal 29 Code to be a criminal organisation. 30 Page 62

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] Subdivision 2 Application for release of 1 impounded motor vehicle 2 123W Application for release of impounded motor 3 vehicle on basis of severe hardship 4 (1) An eligible person may apply to the 5 commissioner for the release of a motor vehicle 6 impounded under this chapter, on the basis that 7 the person would suffer severe hardship if the 8 motor vehicle was not released. 9 (2) The application must be-- 10 (a) made in the approved form; and 11 (b) supported by enough information to enable 12 the commissioner to decide the application. 13 Note-- 14 See section 123X(4) and (5) for particular information 15 the applicant must give to the commissioner. 16 123X Decision on application for release of 17 impounded motor vehicle on basis of severe 18 hardship 19 (1) The commissioner must consider an application 20 for the release of a motor vehicle under section 21 123W after receiving all necessary information 22 relevant to the application and either-- 23 (a) grant the application; or 24 (b) refuse to grant the application. 25 (2) The commissioner must, if reasonably 26 practicable, decide the application within 5 27 business days of receiving the application and 28 other documents required under this subdivision. 29 (3) The commissioner may grant the application only 30 if the commissioner is satisfied a refusal to grant 31 the application would-- 32 Page 63

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (a) cause severe financial hardship to the 1 applicant or the applicant's family by 2 depriving the applicant of the applicant's 3 means of earning a living; or 4 (b) cause severe physical hardship to the 5 applicant or the applicant's family. 6 (4) For subsection (3)(a), the applicant must give the 7 following to the commissioner-- 8 (a) a statement made by the applicant outlining 9 how a refusal to grant the application would 10 cause severe financial hardship to the 11 applicant or the applicant's family; 12 (b) if the applicant is not self-employed--a 13 statement made by the applicant's employer 14 confirming the applicant would be deprived 15 of the applicant's means of earning a living 16 if the application is refused. 17 (5) For subsection (3)(b), the applicant must give the 18 commissioner a statement made by the applicant 19 that-- 20 (a) outlines how a refusal to grant the 21 application would cause severe physical 22 hardship to the applicant or the applicant's 23 family; and 24 (b) has attached to it statutory declarations from 25 persons other than the applicant, other 26 documentary evidence, or certified copies of 27 documentary evidence, in support of each 28 matter stated in the statement. 29 (6) The commissioner may grant the application with 30 or without conditions. 31 Examples of conditions-- 32 1 a condition that the owner of the motor vehicle does 33 not allow the person who is alleged to have 34 committed the offence for which the motor vehicle 35 was impounded to use the motor vehicle 36 Page 64

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] 2 a condition that the owner of the motor vehicle who 1 is alleged to have committed the offence for which 2 the motor vehicle was impounded, is to only use the 3 motor vehicle for work related purposes 4 (7) If the commissioner decides to grant the 5 application, the commissioner must give the 6 applicant a vehicle release notice for the motor 7 vehicle. 8 (8) If the commissioner decides to refuse to grant the 9 application or to grant the application with a 10 condition, the commissioner must as soon as 11 practicable give the applicant an information 12 notice for the decision. 13 (9) A condition made by the commissioner under 14 this section expires if, and on the day, any of the 15 following happens-- 16 (a) the driver is found not guilty of the relevant 17 offence; 18 (b) the proceeding for the relevant offence is 19 discontinued; 20 (c) for a relevant offence mentioned in section 21 123B(1)(b) or (c)--the driver is found guilty 22 of an offence against a provision mentioned 23 in the paragraph but not in the circumstance 24 of being a participant in a criminal 25 organisation. 26 (10) In this section-- 27 certified copy, of documentary evidence, means 28 certified by a justice of the peace or 29 commissioner for declarations in writing to be a 30 true copy of the documentary evidence. 31 relevant offence means the criminal organisation 32 offence because of which the impoundment has 33 happened. 34 Page 65

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] 123Y Application for release of impounded motor 1 vehicle on basis criminal organisation 2 offence happened without owner's consent 3 (1) The owner of a motor vehicle impounded under 4 this chapter may apply to the commissioner for 5 the release of the motor vehicle on the basis that 6 the criminal organisation offence-- 7 (a) was committed by a person other than the 8 owner, usual driver or usual possessor of the 9 motor vehicle; and 10 (b) happened without the consent of the owner. 11 (2) The application must be-- 12 (a) made in the approved form; and 13 (b) supported by enough information to enable 14 the commissioner to decide the application. 15 123Z Decision on application for release of 16 impounded motor vehicle on basis criminal 17 organisation offence happened without 18 owner's consent 19 (1) The commissioner must consider an application 20 for the release of a motor vehicle under section 21 123Y after receiving all necessary information 22 relevant to the application and either-- 23 (a) grant the application; or 24 (b) refuse to grant the application. 25 (2) The commissioner must, if reasonably 26 practicable, decide the application within 5 27 business days of receiving the application and 28 other documents required under this subdivision. 29 (3) The commissioner may grant the application only 30 if the commissioner is satisfied the relevant 31 offence-- 32 Page 66

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (a) was committed by a person other than the 1 owner, usual driver or usual possessor of the 2 motor vehicle; and 3 (b) happened without the consent of the owner. 4 (4) The commissioner may grant the application with 5 or without conditions. 6 Examples of conditions-- 7 1 a condition that the owner of the motor vehicle does 8 not allow the person who is alleged to have 9 committed the offence for which the motor vehicle 10 was impounded to use the motor vehicle 11 2 a condition that the owner of the motor vehicle who 12 is alleged to have committed the offence for which 13 the motor vehicle was impounded, is to only use the 14 motor vehicle for work related purposes 15 (5) If the commissioner decides to grant the 16 application, the commissioner must give the 17 applicant a vehicle release notice for the motor 18 vehicle. 19 (6) If the commissioner decides to refuse to grant the 20 application or to grant the application with a 21 condition, the commissioner must as soon as 22 practicable give the applicant an information 23 notice for the decision. 24 (7) A condition made by the commissioner under 25 this section expires if, and on the day, any of the 26 following happens-- 27 (a) the driver is found not guilty of the relevant 28 offence; 29 (b) the proceeding for the relevant offence is 30 discontinued; 31 (c) for a relevant offence mentioned in section 32 123B(1)(b) or (c)--the driver is found guilty 33 of an offence against a provision mentioned 34 in the paragraph but not in the circumstance 35 Page 67

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] of being a participant in a criminal 1 organisation. 2 (8) In this section-- 3 relevant offence means the criminal organisation 4 offence because of which the impoundment has 5 happened. 6 123ZA Application for release of impounded 7 motor vehicle on basis that offender not a 8 participant in a criminal organisation 9 (1) An eligible person may apply to the 10 commissioner for the release of a motor vehicle 11 impounded under this chapter on the basis that 12 the offender is not a participant in a criminal 13 organisation. 14 (2) The application must be-- 15 (a) made in the approved form; and 16 (b) supported by enough information to enable 17 the commissioner to decide the application. 18 123ZB Decision on application for release of 19 impounded motor vehicle on basis that 20 offender not a participant in 21 a criminal organisation 22 (1) The commissioner must consider an application 23 for the release of a motor vehicle under section 24 123ZA after receiving all necessary information 25 relevant to the application and either-- 26 (a) grant the application; or 27 (b) refuse to grant the application. 28 (2) The commissioner must, if reasonably 29 practicable, decide the application within 5 30 business days of receiving the application and 31 other documents required under this subdivision. 32 Page 68

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (3) The commissioner may grant the application if 1 the commissioner is not satisfied that the offender 2 is a participant in a criminal organisation. 3 (4) The commissioner may grant the application with 4 or without conditions. 5 Examples of conditions-- 6 1 a condition that the owner of the motor vehicle does 7 not allow the person who committed, or is alleged to 8 have committed, the offence for which the motor 9 vehicle was impounded to use the motor vehicle 10 2 a condition that the owner of the motor vehicle who 11 committed, or is alleged to have committed, the 12 offence for which the motor vehicle was impounded, 13 is to only use the motor vehicle for work related 14 purposes 15 (5) If the commissioner decides to grant the 16 application, the commissioner must give the 17 applicant a vehicle release notice for the motor 18 vehicle. 19 (6) If the commissioner decides to refuse to grant the 20 application or to grant the application with a 21 condition, the commissioner must as soon as 22 practicable give the applicant an information 23 notice for the decision. 24 (7) A condition made by the commissioner under 25 this section expires if, and on the day, any of the 26 following happens-- 27 (a) the driver is found not guilty of the relevant 28 offence; 29 (b) the proceeding for the relevant offence is 30 discontinued; 31 (c) for a relevant offence mentioned in section 32 123B(1)(b) or (c)--the driver is found guilty 33 of an offence against a provision mentioned 34 in the paragraph but not in the circumstance 35 of being a participant in a criminal 36 organisation. 37 Page 69

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (8) In this section-- 1 relevant offence means the criminal organisation 2 offence because of which the impoundment has 3 happened. 4 123ZC Impoundment ends if application for release 5 of motor vehicle granted 6 (1) If the commissioner grants an application for the 7 release of a motor vehicle under this division, the 8 impoundment of the motor vehicle under this 9 chapter ends. 10 (2) This section applies subject to section 123ZJ. 11 Subdivision 3 Appeals 12 123ZD Who may appeal 13 (1) A person who is aggrieved by a decision of the 14 commissioner under section 123X, 123Z or 15 123ZB may appeal against the decision. 16 (2) In this section-- 17 decision includes a condition made by the 18 commissioner under section 123X, 123Z or 19 123ZB in relation to granting an application for 20 the release of a motor vehicle. 21 123ZE How to start appeal 22 (1) The appeal is started by filing a notice of appeal 23 with the clerk of a Magistrates Court. 24 (2) The appellant must serve a copy of the notice 25 on-- 26 (a) the other persons entitled to appeal against 27 the decision; and 28 Page 70

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (b) the commissioner. 1 (3) Despite subsection (2), the clerk of the court may 2 ask the commissioner to serve a copy of the 3 notice on a person mentioned in subsection (2)(a) 4 whom the appellant is unable to serve. 5 (4) The notice of appeal must be filed within 28 days 6 after the person is given an information notice for 7 the decision. 8 (5) The court may at any time extend the period for 9 filing the notice of appeal. 10 (6) The notice of appeal must state fully the grounds 11 of the appeal and the facts relied on. 12 123ZF Effect of appeal on decision 13 (1) The start of an appeal against a decision of the 14 commissioner does not affect the operation of the 15 decision or prevent the taking of action to 16 implement the decision. 17 (2) However, the court may make an order staying 18 the operation of the decision being appealed 19 against until the appeal is finally decided. 20 (3) The court may act under subsection (2) on the 21 application of the appellant or on its own 22 initiative. 23 123ZG Commissioner has right of appearance 24 The commissioner has a right to appear and be heard 25 before the court on an appeal under this subdivision. 26 123ZH Hearing procedures 27 (1) An appeal must be decided on the evidence 28 before the commissioner. 29 Page 71

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (2) However, the court may order that the appeal be 1 heard afresh, in whole or part. 2 123ZI Powers of Magistrates Court 3 In deciding an appeal, the court may-- 4 (a) confirm the decision appealed against; or 5 (b) set aside the decision and substitute another 6 decision that it considers appropriate. 7 Subdivision 4 Miscellaneous 8 123ZJ Power to take certain action if breach of 9 condition 10 (1) This section applies if-- 11 (a) the commissioner grants an application 12 under this division for the release of an 13 impounded motor vehicle with a condition; 14 and 15 (b) the commissioner is satisfied the condition 16 has been breached. 17 (2) A police officer may impound the motor vehicle 18 until the end of the proceedings for all charges of 19 criminal organisation offences in relation to the 20 motor vehicle. 21 (3) For impounding a motor vehicle under this 22 section, a police officer may exercise any of the 23 powers under section 123Q or division 2. 24 Page 72

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] Part 3 Offences 1 123ZK Offence to remove vehicle from holding 2 yard 3 (1) A person must not unlawfully remove a motor 4 vehicle impounded under this chapter from a 5 holding yard. 6 Maximum penalty--40 penalty units. 7 (2) For subsection (1), it does not matter how the 8 motor vehicle came to be in the holding yard. 9 123ZL Failure to comply with requirement to 10 produce motor vehicle 11 A person must comply with a requirement under 12 section 123N, unless the person has a reasonable 13 excuse. 14 Maximum penalty--40 penalty units. 15 123ZM Offence to operate vehicle to which number 16 plate confiscation notice attached 17 A person must not operate a motor vehicle to which a 18 a number plate confiscation notice is attached without 19 reasonable excuse or unless the motor vehicle is 20 moved under section 123K. 21 Maximum penalty--40 penalty units. 22 123ZN Offence to remove, tamper with or modify 23 number plate confiscation notice 24 A person must not, without reasonable excuse, 25 remove, tamper with, or modify a number plate 26 confiscation notice attached to a motor vehicle under 27 section 123K. 28 Maximum penalty--40 penalty units. 29 Page 73

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] 123ZO Offence to remove, tamper with or modify 1 immobilising device 2 A person must not, without reasonable excuse, 3 remove, tamper with, or modify an immobilising 4 device attached to a motor vehicle under section 5 123M. 6 Maximum penalty--40 penalty units. 7 123ZP Offence to operate motor vehicle if 8 immobilising device unlawfully removed, 9 tampered with or modified 10 A person must not, without reasonable excuse, operate 11 a motor vehicle if an immobilising device attached to 12 the motor vehicle has been unlawfully removed, 13 tampered with or modified. 14 Maximum penalty--40 penalty units. 15 123ZQ Offence to breach condition made on 16 release of motor vehicle 17 A person must not contravene a condition made on the 18 release of a motor vehicle by the commissioner under 19 part 2, division 5 unless the person has a reasonable 20 excuse. 21 Maximum penalty--40 penalty units. 22 123ZR Offence to modify, sell or dispose of motor 23 vehicle subject to vehicle production notice 24 (1) This section applies if a motor vehicle is the 25 subject of an vehicle production notice given 26 under section 123N. 27 (2) The owner of the motor vehicle must not, without 28 reasonable excuse, modify or sell or otherwise 29 dispose of the motor vehicle while the motor 30 Page 74

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] vehicle is the subject of the vehicle production 1 notice. 2 Maximum penalty--40 penalty units. 3 (3) In this section-- 4 modify, a motor vehicle, includes remove the 5 engine or gearbox from the motor vehicle. 6 Part 4 Other provisions 7 Division 1 Liability for cost of 8 impounding 9 123ZS State's liability to pay costs of impounding 10 (1) Unless otherwise expressly provided by this 11 division, the State is not liable to pay the costs of 12 removing a motor vehicle impounded under this 13 chapter and keeping it for the period for which it 14 is impounded. 15 (2) However, the State is liable to pay the costs of 16 removing an impounded vehicle and keeping it 17 if-- 18 (a) the driver of the motor vehicle-- 19 (i) was a child when he or she committed 20 the offence for which it was 21 impounded; or 22 (ii) is found not guilty of the criminal 23 organisation offence for which the 24 motor vehicle was impounded; or 25 (b) the proceeding for the offence for which the 26 motor vehicle was impounded is withdrawn; 27 or 28 Page 75

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (c) the motor vehicle was impounded for an 1 offence mentioned in section 123B(1)(b) or 2 (c), and the driver is found guilty of an 3 offence against a provision mentioned in the 4 paragraph but not in the circumstance of 5 being a participant in a criminal 6 organisation. 7 123ZT Liability to pay costs of impounding--adult 8 driver 9 (1) This section applies in relation to a motor vehicle 10 impounded for a criminal organisation offence if 11 the driver of the motor vehicle was an adult when 12 he or she committed the offence for which it was 13 impounded. 14 (2) If the driver is found guilty of a criminal 15 organisation offence in relation to the motor 16 vehicle-- 17 (a) the driver is liable to pay the costs of 18 removing or keeping the motor vehicle; and 19 (b) any costs paid by someone else on the 20 driver's behalf become a debt payable to the 21 other person by the driver. 22 123ZU Liability to pay costs of impounding--child 23 driver 24 (1) This section applies in relation to a motor vehicle 25 impounded because of a criminal organisation 26 offence if the driver of the motor vehicle was a 27 child when he or she committed the offence for 28 which it was impounded. 29 (2) If a court finds the child guilty of a criminal 30 organisation offence in relation to the motor 31 vehicle, the court must consider whether the child 32 has the capacity to pay the costs of removing or 33 keeping the motor vehicle. 34 Page 76

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (3) If the court considers the child has the capacity to 1 pay those costs, the court may order the child to 2 pay the costs of removing and keeping the motor 3 vehicle. 4 (4) An order made by the court under subsection (3) 5 is taken to be an order under the Youth Justice Act 6 1992, section 310, requiring a payment to the 7 State. 8 (5) If the court considers the child does not have the 9 capacity to pay the costs of removing and 10 keeping the motor vehicle, the court may call on 11 the child's parent or guardian to show cause why 12 the parent or guardian should not pay the costs of 13 removing and keeping the motor vehicle. 14 (6) If the court decides to call on the child's parent or 15 guardian to show cause-- 16 (a) the Youth Justice Act 1992, section 258(4) to 17 (8) apply to the call; and 18 (b) the show cause hearing must be conducted 19 in the way required under the Youth Justice 20 Act 1992, section 259(1) to (4); and 21 (c) the Youth Justice Act 1992, section 259(5) 22 applies as if the reference to section 23 258(1)(a), (b) and (c) were a reference to 24 subsection (8)(a) and (b) of this section; and 25 (d) the Youth Justice Act 1992, section 259(6) to 26 (12) applies to the court's decision and 27 orders. 28 (7) For applying subsection (6)-- 29 (a) a reference to compensation in the Youth 30 Justice Act 1992, sections 258 and 259 is 31 taken to be a reference to the costs of 32 removing and keeping the motor vehicle; 33 and 34 Page 77

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (b) a reference to the prosecution in the Youth 1 Justice Act 1992, sections 258 and 259 is 2 taken to be a reference to the commissioner. 3 (8) For subsection (6)(c), the matters are-- 4 (a) the parent or guardian contributed to the fact 5 the offence happened by not adequately 6 supervising the child; and 7 (b) it is reasonable the parent or guardian pay 8 the costs of removing and keeping the motor 9 vehicle. 10 (9) The Youth Justice Act 1992, section 260 applies 11 to the costs of removing and keeping the motor 12 vehicle ordered to be paid under this section as if 13 the order under this section were an order for 14 compensation to be paid to the State under the 15 Youth Justice Act 1992, section 259. 16 (10) If the court orders the child to pay the costs of 17 removing or keeping the motor vehicle, any costs 18 paid by the State under section 123ZS(2) become 19 a debt payable to the State by the child. 20 (11) If the court orders the child's parent or guardian 21 to pay the costs of removing or keeping the motor 22 vehicle, any costs paid by the State under section 23 123ZS(2) become a debt payable to the State by 24 the child's parent or guardian. 25 123ZV Payment of costs if motor vehicle not 26 recovered 27 (1) This section applies if a person who is entitled to 28 recover a motor vehicle fails to recover the motor 29 vehicle after the person becomes entitled. 30 (2) If-- 31 (a) before the impoundment ends under this 32 chapter, the owner was personally given an 33 Page 78

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] impounding notice for the motor vehicle; 1 and 2 (b) the owner was the driver when the vehicle 3 was impounded; 4 the owner is liable to pay the costs of keeping the 5 motor vehicle for each day after the impounding 6 ends. 7 (3) If-- 8 (a) before the impoundment ends under this 9 chapter, the owner was given an impounding 10 notice for the motor vehicle; and 11 (b) the owner was not the driver of the motor 12 vehicle when it was impounded; 13 the owner is liable to pay the costs of keeping the 14 vehicle for each day that is more than 2 business 15 days after the owner is given the impounding 16 notice. 17 (4) If the owner was not the driver of the motor 18 vehicle and pays the costs of keeping the motor 19 vehicle as required under subsection (2) or (3), 20 the owner may recover the costs paid from the 21 driver as a debt. 22 123ZW Registration of costs under State Penalties 23 Enforcement Act 1999 24 (1) If an adult who is liable to pay costs under 25 section 123ZU(11) fails to pay the costs, the 26 commissioner may give particulars of the costs to 27 the registrar under the State Penalties 28 Enforcement Act 1999 for registration under that 29 Act as if-- 30 (a) the commissioner were the registrar of a 31 court; and 32 Page 79

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (b) the particulars were particulars of a fine 1 imposed by a court and the amount of the 2 fine were unpaid after the time allowed by 3 the court for payment. 4 (2) The registrar must register the particulars under 5 the State Penalties Enforcement Act 1999, section 6 34. 7 (3) For this section, the adult who is liable to pay 8 costs under this division fails to pay the costs if-- 9 (a) the commissioner obtains an order for 10 payment of costs against the person; and 11 (b) the commissioner gives the person a copy of 12 the order and a letter of demand for payment 13 of the costs; and 14 (c) the person fails to pay the costs within 28 15 days after receiving the copy of the order 16 and the letter of demand, or the longer 17 period agreed to by the commissioner. 18 Division 2 Release of impounded 19 vehicle 20 123ZX Release of motor vehicle if driver found not 21 guilty etc. 22 (1) This section applies in relation to a motor vehicle 23 impounded under section 123G if-- 24 (a) the driver of the motor vehicle is found not 25 guilty of the criminal organisation offence; 26 or 27 (b) the proceeding for the criminal organisation 28 offence is discontinued; or 29 (c) for a criminal organisation offence 30 mentioned in section 123B(1)(b) or (c)--the 31 driver is found guilty of an offence against a 32 Page 80

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] provision mentioned in the paragraph but 1 not in the circumstance of being a 2 participant in a criminal organisation. 3 (2) Subject to subsections (3) and (4), the motor 4 vehicle must be released to the owner as soon as 5 reasonably practicable. 6 (3) A motor vehicle may not be released under 7 subsection (2) if the driver has been charged with 8 having committed another criminal organisation 9 offence for which the motor vehicle may be 10 impounded under this chapter. 11 (4) Also, if the driver has been charged with having 12 committed a prescribed offence for which the 13 vehicle may be impounded under chapter 4, the 14 motor vehicle may be impounded or immobilised 15 under that chapter as if it had not previously been 16 impounded under this chapter. 17 Division 3 Sale, transfer or disposal 18 of impounded or forfeited 19 motor vehicle 20 123ZY Sale of motor vehicle if not recovered after 21 impounding ends 22 (1) This section applies if, within 30 days after the 23 impoundment of a motor vehicle ends under this 24 chapter-- 25 (a) the owner of the motor vehicle does not 26 recover the motor vehicle; or 27 (b) after making reasonable inquiries, a police 28 officer can not find out who owns the motor 29 vehicle. 30 (2) The commissioner may sell the motor vehicle 31 and anything in or on it by public auction or 32 Page 81

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] dispose of it in the way the commissioner 1 considers appropriate. 2 (3) For subsection (2), the motor vehicle is taken to 3 have been forfeited to the State. 4 (4) Notice of the proposed sale or disposal must be 5 published on the police service internet website. 6 (5) If the name and address of the owner of the motor 7 vehicle is known-- 8 (a) the commissioner must also give written 9 notice of the proposed sale or disposal to the 10 owner; and 11 (b) the owner's name and address must not be 12 published on the police service website. 13 123ZZ Sale of impounded motor vehicle if driver 14 fails to appear 15 (1) This section applies in relation to a motor vehicle 16 impounded under this chapter if a court orders 17 that a warrant issue for the arrest of the driver of 18 the motor vehicle to be brought before the court 19 to be dealt with according to law because the 20 driver has failed to appear before the court in 21 relation to the charge for the criminal 22 organisation offence. 23 (2) On the warrant being issued the motor vehicle is 24 taken to have been forfeited to the State. 25 (3) The commissioner may sell the motor vehicle 26 and anything in or on it by public auction or 27 dispose of it in the way the commissioner 28 considers appropriate. 29 (4) Notice of the proposed sale or disposal must be 30 published on the police service internet website. 31 (5) If the name and address of the owner of the motor 32 vehicle is known-- 33 Page 82

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (a) the commissioner must also give written 1 notice of the proposed sale or disposal to the 2 owner; and 3 (b) the owner's name and address must not be 4 published on the police service website. 5 123ZZA Disposal of forfeited motor vehicle 6 The commissioner may dispose of a motor vehicle 7 forfeited to the State under this chapter in the way the 8 commissioner considers appropriate, including by 9 selling it. 10 123ZZB Application of proceeds of sale 11 (1) This section applies if the commissioner sells a 12 motor vehicle under section 123ZY, 123ZZ or 13 123ZZA. 14 (2) The proceeds of the sale are to be applied in the 15 following order-- 16 (a) in payment of the expenses of the sale; 17 (b) in payment of the costs of removing and 18 keeping the motor vehicle and for searching 19 registers for giving notice of the motor 20 vehicle's impounding or immobilisation; 21 (c) if there is an amount owing to a person 22 under a security interest registered for the 23 motor vehicle under the Personal Property 24 Securities Act 2009 (Cwlth)--in payment of 25 the amount owing to the holder of the 26 security interest; 27 (d) if the motor vehicle is sold under section 28 123ZY--in payment of any balance to the 29 owner; 30 (e) if the motor vehicle is sold under section 31 123ZZ-- 32 Page 83

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (i) if the person the subject of the warrant 1 mentioned in section 123ZZ is not the 2 owner, usual driver or usual possessor 3 of the vehicle--in payment of any 4 balance to the owner; or 5 (ii) otherwise--in payment to the 6 consolidated fund; 7 (f) if the motor vehicle is sold under section 8 123ZZA--in payment to the consolidated 9 fund. 10 123ZZC Compensation for disposal of motor 11 vehicle if driver found not guilty etc. 12 (1) This section applies if-- 13 (a) any of the following happens-- 14 (i) a driver is found not guilty of a 15 criminal organisation offence; 16 (ii) the proceeding for a criminal 17 organisation offence is discontinued; 18 (iii) a driver is found guilty of an offence 19 against a provision mentioned in 20 section 123B(1)(b) or (c) but not in the 21 circumstance of being a participant in a 22 criminal organisation; and 23 (b) the commissioner has before the happening 24 of the event mentioned in paragraph (a) 25 received the motor vehicle to which the 26 offence relates under this chapter; and 27 (c) the commissioner has-- 28 (i) sold the motor vehicle; or 29 (ii) otherwise disposed of the vehicle. 30 (2) Compensation is payable by the State to the 31 person whose motor vehicle is sold or otherwise 32 disposed of. 33 Page 84

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (3) The Minister is to decide the amount of the 1 compensation. 2 (4) A person who is dissatisfied with the Minister's 3 decision under subsection (3) may apply to a 4 court, within 28 days, for compensation under 5 this section. 6 (5) If the person applies under subsection (4), the 7 court may decide the amount of the 8 compensation. 9 Division 4 Other provisions 10 123ZZD Protection from liability 11 (1) A police officer acting in good faith and without 12 negligence is not liable for any damage, loss or 13 depreciation to a motor vehicle, including the 14 motor vehicle's number plates, during the 15 impounding of the motor vehicle. 16 (2) If subsection (1) prevents liability attaching to a 17 police officer, liability instead attaches to the 18 State. 19 (3) Also, if a police officer signs a towing authority 20 under section 123S for the motor vehicle, the 21 State is not liable for any damage, loss or 22 depreciation to the motor vehicle while it is being 23 moved under the towing authority and while it is 24 impounded in the holding yard of the person 25 authorised under the towing authority to tow the 26 motor vehicle. 27 123ZZE Third party protection relating to forfeiture 28 (1) This section applies in relation to a person, other 29 than a defendant, who has an interest in a motor 30 vehicle forfeited to the State under this chapter. 31 Page 85

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (2) The person may apply to a determining court for 1 an order under subsection (7). 2 (3) Subsection (2) applies even though the value of 3 the motor vehicle may be more than the 4 maximum amount that may be claimed in a 5 personal action in the civil jurisdiction of a 6 Magistrates Court. 7 (4) Unless the determining court gives leave, the 8 application must be made within 6 months after 9 the day the motor vehicle became the property of 10 the State. 11 (5) The determining court may give leave for a later 12 application if it is satisfied that the delay in 13 applying was not because of the applicant's 14 neglect. 15 (6) Unless the determining court gives leave, a 16 person who was given notice of the hearing of the 17 charge for the criminal organisation offence can 18 not apply to the court for an order under 19 subsection (7). 20 (7) On an application, an order may be made-- 21 (a) declaring the nature, extent and, if necessary 22 for the order, the value (when the 23 declaration is made) of the applicant's 24 interest in the motor vehicle; and 25 (b) directing the State-- 26 (i) if the motor vehicle is still vested in the 27 State--to transfer the motor vehicle to 28 the applicant; or 29 (ii) if the motor vehicle is no longer vested 30 in the State--to pay to the applicant the 31 value of the applicant's interest in the 32 motor vehicle after taking into account 33 any amount paid to the holder of a 34 registered security interest under 35 section 123ZZB(2)(c). 36 Page 86

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 60] (8) The determining court must, and may only, make 1 the order if it is satisfied-- 2 (a) the applicant has or, apart from the 3 forfeiture, would have a genuine interest in 4 the motor vehicle; and 5 (b) the relevant criminal organisation offence 6 happened without the knowledge and 7 consent of the applicant. 8 (9) For all applications, including applications for 9 leave to apply, the applicant must give notice of 10 the making of the application to the 11 commissioner. 12 (10) In this section-- 13 defendant means a person found guilty of the 14 criminal organisation offence because of which 15 the forfeiture under this chapter happened. 16 determining court means-- 17 (a) the Magistrates Court for the Magistrates 18 Court district, or division of the district, in 19 which the motor vehicle was impounded for 20 the criminal organisation offence; or 21 (b) the court before which the defendant was 22 convicted of the criminal organisation 23 offence. 24 123ZZF Delegation--commissioner 25 The commissioner may delegate any of the 26 commissioner's powers under this chapter including, 27 for example, considering an application for the release 28 of an impounded vehicle under part 2, division 5 and 29 making a decision about the application, to a police 30 officer of at least the rank of inspector. 31 Page 87

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 61] Clause 61 Amendment of s 150 (Search warrant application) 1 Section 150(1)(c), after `chapter 4'-- 2 insert-- 3 , 4A 4 Clause 62 Amendment of s 156 (What search warrant must state) 5 Section 156(1)(b)(iv), after `chapter 4'-- 6 insert-- 7 , 4A 8 Clause 63 Amendment of s 686 (Application of pt 3) 9 Section 686(2)(a), after `chapter 4'-- 10 insert-- 11 , 4A 12 Clause 64 Amendment of s 754 (Offence for driver of motor vehicle 13 to fail to stop motor vehicle) 14 Section 754(2), `Minimum penalty--50 penalty units.'-- 15 omit, insert-- 16 Minimum penalty-- 17 (a) if the driver is a participant in a criminal 18 organisation within the meaning of the 19 Criminal Code, section 60A--100 penalty 20 units or 100 days imprisonment served 21 wholly in a corrective services facility; or 22 (b) otherwise--50 penalty units or 50 days 23 imprisonment served wholly in a corrective 24 services facility. 25 Page 88

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 6 Amendment of Police Powers and Responsibilities Act 2000 [s 65] Clause 65 Amendment of s 809 (Regulation-making power) 1 (1) Section 809(2)(b), after `, 4'-- 2 insert-- 3 , 4A 4 (2) Section 809(2)-- 5 insert-- 6 (d) notice requirements for impounding or 7 immobilising motor vehicles under chapter 8 4A. 9 Clause 66 Amendment of sch 6 (Dictionary) 10 (1) Schedule 6, definition participant-- 11 omit. 12 (2) Schedule 6-- 13 insert-- 14 criminal organisation-- 15 (a) generally, see Criminal Code, section 1; and 16 (b) in relation to an offence against the Criminal 17 Code, section 60C--see that section. 18 criminal organisation offence, for chapter 4A, 19 see section 123B. 20 eligible person, for chapter 4A, part 2, division 5, 21 see section 123U. 22 immobilise, for chapter 4A, see section 123A. 23 immobilising device, for chapter 4A, see section 24 123A. 25 immobilising notice, for chapter 4A, see section 26 123T(2). 27 impounding notice, for chapter 4A, see section 28 123T(2). 29 Page 89

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 7 Amendment of Tow Truck Act 1973 [s 67] information notice, for chapter 4A, part 2, 1 division 5, see section 123U. 2 number plate, for chapter 4A, see section 123A. 3 number plate confiscation notice, for chapter 4 4A, see section 123K(2). 5 participant-- 6 (a) in a criminal organisation, see Criminal 7 Code, section 60A; or 8 (b) for chapter 11, see section 229. 9 usual possessor, for chapter 4A, see section 10 123A. 11 vehicle production notice, for chapter 4A, see 12 section 123N(2). 13 vehicle release notice, for chapter 4A, part 2, 14 division 5, see section 123U. 15 (3) Schedule 6, definition owner, after `chapter 4'-- 16 insert-- 17 , 4A 18 Part 7 Amendment of Tow Truck Act 19 1973 20 Clause 67 Act amended 21 This part amends the Tow Truck Act 1973. 22 Clause 68 Amendment of s 38 (Exemptions) 23 Section 38(2), after `chapter 4,'-- 24 insert-- 25 Page 90

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Part 8 Other matters [s 69] 4A, 1 Clause 69 Amendment of s 43 (Regulation-making power) 2 Section 43(2)(r), after `chapter 4'-- 3 insert-- 4 , 4A 5 Part 8 Other matters 6 Clause 70 Making of Criminal Code (Criminal Organisations) 7 Regulation 2013 8 (1) Schedule 1 has effect to make the Criminal Code (Criminal 9 Organisations) Regulation 2013 that is set out in schedule 1 as 10 a regulation under the Criminal Code. 11 (2) To remove any doubt, it is declared that the Criminal Code 12 (Criminal Organisations) Regulation 2013, on the 13 commencement of schedule 1, stops being a provision of this 14 Act and becomes a regulation made under the Criminal Code. 15 Clause 71 Regulation amended 16 Schedule 2 amends the Crime and Misconduct Regulation 17 2005. 18 Clause 72 Automatic repeal 19 For the purpose of the Acts Interpretation Act 1954, section 20 22C, this Act is an amending Act. 21 Page 91

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Schedule 1 Schedule 1 Criminal Code (Criminal 1 Organisations) Regulation 2013 2 section 70 3 1 Short title 4 This regulation may be cited as the Criminal Code (Criminal 5 Organisations) Regulation 2013. 6 2 Entities declared to be criminal organisations 7 For the Criminal Code, section 1, definition criminal 8 organisation, paragraph (c), the following entities are 9 declared to be criminal organisations-- 10 the motorcycle club known as the Bandidos 11 the motorcycle club known as the Black Uhlans 12 the motorcycle club known as the Coffin Cheaters 13 the motorcycle club known as the Comancheros 14 the motorcycle club known as the Finks 15 the motorcycle club known as the Fourth Reich 16 the motorcycle club known as the Gladiators 17 the motorcycle club known as the Gypsy Jokers 18 the motorcycle club known as the Hells Angels 19 the motorcycle club known as the Highway 61 20 the motorcycle club known as the Iron Horsemen 21 the motorcycle club known as the Life and Death 22 the motorcycle club known as the Lone Wolf 23 the motorcycle club known as the Mobshitters 24 the motorcycle club known as the Mongols 25 Page 92

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Schedule 1 the motorcycle club known as the Muslim Brotherhood 1 Movement 2 the motorcycle club known as the Nomads 3 the motorcycle club known as the Notorious 4 the motorcycle club known as the Odins Warriors 5 the motorcycle club known as the Outcasts 6 the motorcycle club known as the Outlaws 7 the motorcycle club known as the Phoenix 8 the motorcycle club known as the Rebels 9 the motorcycle club known as the Red Devils 10 the motorcycle club known as the Renegades 11 the motorcycle club known as the Scorpions 12 3 Places declared to be prescribed places 13 For the Criminal Code, section 60B(4), definition prescribed 14 place, the following places are declared to be prescribed 15 places-- 16 11 Frodsham Street, Albion 17 shop 5/1 Thorsborne Street, Beenleigh 18 6 Enterprise Street, Boyne Island 19 shed 14/136 Aumuller Street, Bungalow 20 200 Hartley Street, Bungalow 21 1/16 Ern Harley Drive, Burleigh Heads 22 34 Lemana Lane, Burleigh Heads 23 unit 3/7 Lear Jet Drive, Caboolture 24 104 Spence Street, Cairns 25 unit 3/37 Caloundra Road, Caloundra West 26 shed 1/5 Garema Street, Cannonvale 27 shed 4/11 Ryecroft Street, Carrara 28 Page 93

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Schedule 1 31 Selhurst Street, Coopers Plains 1 unit 7/12 Hayter Street, Currumbin Waters 2 unit 5/17 Cottonview Street, Emerald 3 11 Greer Lane, Eumundi 4 shed 3/85 Hanson Road, Gladstone 5 unit 3/31 Tradelink Drive, Hillcrest 6 unit 5/29 Pound Street, Kingaroy 7 15-17 Avian Street, Kunda Park 8 unit 5/1 Chain Street, Mackay 9 4 Keats Street, Mackay 10 unit 4/55 Cronulla Avenue, Mermaid Beach 11 4 Ellen Street, Moorooka 12 31 Unwin Street, Moorooka 13 1 Zena Street, Mt Isa 14 unit 2/12 Lawrence Drive, Nerang 15 unit 5/144 Eumundi Noosa Road, Noosaville 16 2 Millchester Road, Queenton 17 26252 Peak Downs Highway, Racecourse 18 shed 12/13 Turley Street, Raceview 19 36 East Lane, Rockhampton 20 unit 1/26 Rowland Street, Slacks Creek 21 unit 2/8 Proprietary Drive, Tingalpa 22 shed 4/14 Civil Court, Toowoomba 23 209 James Street, Toowoomba 24 units 3 and 4/82 Leyland Street, Townsville 25 29 Matheson Street, Virginia 26 81 Ingham Road, West End 27 391 Montague Road, West End 28 Page 94

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Schedule 1 shed 1A/10 Industrial Avenue, Yeppoon 1 Page 95

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Schedule 2 Schedule 2 Other amendments 1 section 71 2 1 Regulation amended 3 This schedule amends the Crime and Misconduct Regulation 4 2005. 5 2 Insertion of new s 18 6 Part 5-- 7 insert-- 8 18 Entities declared to be criminal organisations 9 The following entities are declared to be criminal 10 organisations-- 11 the motorcycle club known as the Bandidos 12 the motorcycle club known as the Black Uhlans 13 the motorcycle club known as the Coffin Cheaters 14 the motorcycle club known as the Comancheros 15 the motorcycle club known as the Finks 16 the motorcycle club known as the Fourth Reich 17 the motorcycle club known as the Gladiators 18 the motorcycle club known as the Gypsy Jokers 19 the motorcycle club known as the Hells Angels 20 the motorcycle club known as the Highway 61 21 the motorcycle club known as the Iron Horsemen 22 the motorcycle club known as the Life and Death 23 the motorcycle club known as the Lone Wolf 24 the motorcycle club known as the Mobshitters 25 the motorcycle club known as the Mongols 26 Page 96

 


 

Criminal Law (Criminal Organisations Disruption) Amendment Bill 2013 Schedule 2 the motorcycle club known as the Muslim 1 Brotherhood Movement 2 the motorcycle club known as the Nomads 3 the motorcycle club known as the Notorious 4 the motorcycle club known as the Odins Warriors 5 the motorcycle club known as the Outcasts 6 the motorcycle club known as the Outlaws 7 the motorcycle club known as the Phoenix 8 the motorcycle club known as the Rebels 9 the motorcycle club known as the Red Devils 10 the motorcycle club known as the Renegades 11 the motorcycle club known as the Scorpions 12 State of Queensland 2013 Authorised by the Parliamentary Counsel Page 97

 


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