Queensland Bills

[Index] [Search] [Download] [Related Items] [Help]


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


CRIMINAL LAW (CRIMINAL ORGANISATIONS DISRUPTION) AND OTHER LEGISLATION AMENDMENT BILL 2013

          Queensland



Criminal Law (Criminal
Organisations Disruption) and
Other Legislation Amendment
Bill 2013

 


 

 

Queensland Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Part 2 Amendment of Bail Act 1980 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 4 Amendment of s 6 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 17 5 Amendment of s 8 (Power of court as to bail) . . . . . . . . . . . . . . . 17 6 Replacement of ss 15A and 15B . . . . . . . . . . . . . . . . . . . . . . . . . 17 15A Conduct of proceeding by Magistrates Court outside district or division . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 7 Amendment of s 16 (Refusal of bail) . . . . . . . . . . . . . . . . . . . . . . 18 8 Amendment of s 27B (Warrant for apprehension of defendant if bail granted under s 15A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 9 Insertion of new s 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 42 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013. . . . . . . . . . . . . . . . . . . . . . . . . 20 Part 3 Amendment of Corrective Services Act 2006 10 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 11 Amendment of s 12 (Prisoner security classification). . . . . . . . . . 21 12 Amendment of s 13 (Reviewing prisoner's security classification) 22 13 Amendment of s 41 (Who may be required to give test sample) . 22 14 Insertion of new ch 2, pt 2, div 6A . . . . . . . . . . . . . . . . . . . . . . . . 22 Division 6A Criminal organisation segregation orders 65A Making criminal organisation segregation order. . . . . 22 65B Directions in COSOs . . . . . . . . . . . . . . . . . . . . . . . . . 23

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents 65C Medical examination. . . . . . . . . . . . . . . . . . . . . . . . . . 23 65D Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 15 Amendment of s 71 (Reconsidering decision) . . . . . . . . . . . . . . . 24 16 Insertion of new s 267A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 267A Directions to identified participant in criminal organisation ........................... 25 17 Insertion of new s 344AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 344AA Commissioner may provide information about particular offender's participation in criminal organisation ............................ 26 18 Insertion of new ss 350A and 350B . . . . . . . . . . . . . . . . . . . . . . . 27 350A Confidentiality of criminal intelligence in proceedings 28 350B Application of Judicial Review Act 1991 . . . . . . . . . . . 29 19 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 30 Part 4 Amendment of Crime and Misconduct Act 2001 20 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 21 Replacement of s 8 (Crime Reference Committee) . . . . . . . . . . . 31 8 Crime Reference Committee . . . . . . . . . . . . . . . . . . . 31 22 Amendment of s 53 (Intelligence functions) . . . . . . . . . . . . . . . . . 31 23 Amendment of ch 3, pt 1, div 1, sdiv 1, hdg (Crime investigations) 31 24 Amendment of s 72 (Power to require information or documents) 32 25 Amendment of ch 3, pt 1, div 2, sdiv 1, hdg (Crime investigations and witness protection function) . . . . . . . . . . . . . . . . . . . . . . . . . . 32 26 Amendment of s 74 (Notice to produce for crime investigation or witness protection function) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 27 Amendment of ch 3, pt 1, div 2, sdiv 2, hdg (Misconduct investigations) ................................... 34 28 Amendment of s 75 (Notice to discover information) . . . . . . . . . . 35 29 Amendment of ch 3, pt 1, div 3, sdiv 1, hdg (Crime investigations) 35 30 Amendment of ch 3, pt 1, div 3, sdiv 2, hdg (Misconduct investigations) .................................. 35 31 Amendment of s 82 (Notice to attend hearing--general) . . . . . . . 36 32 Amendment of s 183 (Refusal to take oath) . . . . . . . . . . . . . . . . . 36 33 Amendment of s 185 (Refusal to produce--claim of reasonable excuse) ........................................ 36 34 Amendment of s 188 (Refusal to produce--claim of reasonable excuse) ....................................... 36 35 Amendment of s 190 (Refusal to answer question) . . . . . . . . . . . 37 36 Amendment of s 192 (Refusal to answer question) . . . . . . . . . . . 37 Page 2

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents 37 Amendment of s 195 (Appeals to Supreme Court) . . . . . . . . . . . 37 38 Amendment of s 197 (Restriction on use of privileged answers, documents, things or statements disclosed or produced under compulsion) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 39 Amendment of s 198 (Contempt of person conducting commission hearing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 40 Amendment of s 199 (Punishment of contempt) . . . . . . . . . . . . . 38 41 Insertion of new s 200A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 200A Confidentiality of particular proceedings . . . . . . . . . . 39 42 Insertion of new s 237A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 237A Acting part-time commissioners . . . . . . . . . . . . . . . . . 40 43 Amendment of s 277 (Reference committee may obtain information from commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 44 Amendment of s 331 (Effect of pending proceedings) . . . . . . . . . 41 45 Insertion of new ch 8, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Part 10 Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 395 Use of privileged answers, documents, things or statements in proceedings under Confiscation Act . . 42 46 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 43 Part 5 Amendment of Criminal Code 47 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 48 Amendment of s 1 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 44 49 Amendment of s 597C (Accused person to be called on to plead to indictment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 50 Insertion of new ch 92 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Chapter 92 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 731 Application of amended s 597C . . . . . . . . . . . . . . . . . 46 Part 6 Amendment of Criminal Proceeds Confiscation Act 2002 51 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 52 Amendment and renumbering of s 265 (Evidentiary provision) . . 47 53 Insertion of new s 265 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 265 Admissibility of evidence obtained under Crime and Misconduct Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . 47 Part 7 Amendment of District Court of Queensland Act 1967 54 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Page 3

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents 55 Amendment of s 110C (Use of video link facilities in proceedings) 49 Part 8 Amendment of Electrical Safety Act 2002 56 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 57 Amendment of s 59 (Application for issue of electrical licence) . . 49 58 Amendment of s 60 (Application for renewal of electrical licence) 50 59 Amendment of s 61 (Application for reinstatement of electrical licence) ........................................ 50 60 Insertion of new s 63A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 63A Procedure for refusing to issue, renew or reinstate electrical licence of body corporate or partnership. . . 51 61 Amendment of s 64 (Regulator to give reasons for refusal of application or for conditions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 62 Insertion of new pt 4, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 3A Prohibited persons 65A When person prohibited from holding electrical licence 53 65B Requesting and using information from Commissioner--identified participants and criminal organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 63 Amendment of s 88 (Functions of licensing committee). . . . . . . . 54 64 Amendment of s 107 (Licensed electrical contractor) . . . . . . . . . 54 65 Insertion of new s 107A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 107A Becoming a prohibited person not a ground for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 66 Insertion of new pt 9A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Part 9A Cancellation of electrical licence and external licence recognition provision's application to external licence 121A Cancellation of licence . . . . . . . . . . . . . . . . . . . . . . . . 55 121B Cancellation of external licence recognition provision's application to external licence . . . . . . . . . 56 121C Procedure for cancelling electrical licence, or external licence recognition provision's application to external licence, of body corporate or partnership . . . . . . . . . . 57 67 Amendment of s 168 (Application for review) . . . . . . . . . . . . . . . . 58 68 Insertion of new ss 173 and 174 . . . . . . . . . . . . . . . . . . . . . . . . . 58 173 Confidentiality of criminal intelligence in proceedings 58 174 Application of Judicial Review Act 1991 . . . . . . . . . . . 60 69 Amendment of s 184 (Certificate about action on electrical licence) 61 70 Insertion of new pt 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Page 4

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents Part 21 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 255 Applications not finally decided . . . . . . . . . . . . . . . . . 61 71 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 62 Part 9 Amendment of Evidence Act 1977 72 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 73 Amendment of s 39B (Application of pt 3A) . . . . . . . . . . . . . . . . . 63 74 Amendment of s 39C (Definitions for pt 3A) . . . . . . . . . . . . . . . . . 63 Part 10 Amendment of Justices Act 1886 75 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 76 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 64 77 Replacement of s 23EC (Magistrate for other district or division authorised to grant bail may also adjourn a hearing for offence) . 65 23EC Conduct of proceeding by video link facilities or audio link facilities by court outside district or division . . . . . 65 78 Amendment of s 139 (Where summary cases to be heard). . . . . 66 79 Amendment of pt 6A, hdg (Use of video link facilities) . . . . . . . . . 66 80 Amendment of s 178A (Purpose of part) . . . . . . . . . . . . . . . . . . . 66 81 Amendment of s 178B (Definitions for part) . . . . . . . . . . . . . . . . . 66 82 Amendment of s 178C (Use of video link facilities in proceedings) 67 83 Amendment of s 178D (Facility user taken to be before the court) 68 84 Amendment of s 178E (Way video link facilities must be operated) 69 85 Insertion of new pt 11, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Division 6 Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 280 Application of provisions about use of video link facilities or audio link facilities. . . . . . . . . . . . . . . . . . . 69 Part 11 Amendment of Liquor Act 1992 Division 1 Preliminary 86 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Division 2 Amendments not affected by Liquor (Red Tape Reduction) and Other Legislation Amendment Act 2013 87 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 70 88 Insertion of new s 11B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 11B Particular entities not exempt . . . . . . . . . . . . . . . . . . . 71 89 Amendment of pt 2, hdg (Jurisdiction of tribunal) . . . . . . . . . . . . . 72 Page 5

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents 90 Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . 72 91 Insertion of new pt 2, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 3 Review of decisions relating to particular disqualified persons 36 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 37 Confidentiality of criminal intelligence in proceedings 74 38 Application of Judicial Review Act 1991 . . . . . . . . . . . 76 92 Insertion of new ss 47B and 47C . . . . . . . . . . . . . . . . . . . . . . . . . 76 47B Requesting and using information from police commissioner--section 228B decisions. . . . . . . . . . . 77 47C Application of Acts Interpretation Act 1954 in giving reasons for section 228B decisions . . . . . . . . . . . . . . 78 93 Amendment of pt 5, hdg (Grant, variation and transfer of licences and permits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 94 Amendment of s 107 (Restrictions on grant of licence or permit) 78 95 Amendment of s 107E (Suitability of applicant for adult entertainment permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 96 Amendment of s 109B (Controllers) . . . . . . . . . . . . . . . . . . . . . . . 79 97 Amendment of s 129 (Applications to continue trading in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 98 Amendment of s 131A (Decision by commissioner on application to continue trading in certain circumstances) . . . . . . . . . . . . . . . . 80 99 Amendment of s 134 (Cancellation, suspension or variation of permits) ........................................ 81 100 Replacement of s 134A (Ground for taking relevant action relating to adult entertainment permit) . . . . . . . . . . . . . . . . . . . . . 81 134A Ground for taking relevant action relating to particular permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 101 Amendment of s 134B (Show cause notice) . . . . . . . . . . . . . . . . 82 102 Amendment of s 134C (Decision about relevant action relating to adult entertainment permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 103 Insertion of new s 134D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 134D Urgent suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 104 Amendment of s 135 (Summary cancellation, suspension or variation) ....................................... 84 105 Amendment of s 136 (Grounds for disciplinary action) . . . . . . . . 84 106 Amendment of s 137 (Procedure for taking disciplinary action in relation to licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 107 Amendment of s 137A (Decision about disciplinary action) . . . . . 86 108 Amendment of s 137C (Urgent suspension) . . . . . . . . . . . . . . . . 86 Page 6

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents 109 Insertion of new s 137CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 137CA Immediate cancellation of particular licences. . . . . . . 86 110 Insertion of new pt 5, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 3A Withdrawal of approval of relevant agreements entered into by licensees 139A Application of div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . 87 139B Urgent suspension of approval. . . . . . . . . . . . . . . . . . 88 139C Show cause notice for withdrawal of approval . . . . . . 90 139D Decision about withdrawing approval of relevant agreement ............................. 90 139E Immediate withdrawal of approval and direction to terminate relevant agreement. . . . . . . . . . . . . . . . . . . 91 139F Requirement to terminate relevant agreement on withdrawal of approval . . . . . . . . . . . . . . . . . . . . . . . . 92 111 Amendment of s 142R (Deciding application) . . . . . . . . . . . . . . . 93 112 Insertion of new s 142ZAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 142ZAA Immediate cancellation--identified participants . . . . . 93 113 Amendment of s 153 (Letting or subletting of licensed premises) 93 114 Insertion of new s 228B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 228B Disqualification from holding licence, permit or approval--identified participants and criminal organisations ........................... 94 115 Insertion of new pt 12, div 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 Division 15 Transitional provisions for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 318 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . 95 Division 3 Amendments subject to commencement of Liquor (Red Tape Reduction) and Other Legislation Amendment Act 2013 116 Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . 95 117 Amendment of s 142ZK (Deciding application) . . . . . . . . . . . . . . 96 118 Insertion of new s 142ZQA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 142ZQA Immediate cancellation of approval--identified participants ............................ 96 Part 12 Amendment of Penalties and Sentences Act 1992 119 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 120 Amendment of s 15A (Audiovisual link or audio link may be used to sentence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 121 Insertion of new pt 14, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Page 7

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents Division 8 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 233 Application of amended s 15A . . . . . . . . . . . . . . . . . . 98 Part 13 Amendment of Police Service Administration Act 1990 122 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 123 Insertion of new pt 10, div 1, sdiv 1A . . . . . . . . . . . . . . . . . . . . . . 99 Subdivision 1A Disclosure of criminal histories relating to criminal organisations 10.2AAA Definitions for sdiv 1A. . . . . . . . . . . . . . . . . . . . . . . . . 99 10.2AAB Disclosure of criminal history of current or former participants of criminal organisations . . . . . . . . . . . . . 99 10.2AAC Authorisation to publish or further disclose a criminal history ................................. 100 10.2AAD Power may not be delegated . . . . . . . . . . . . . . . . . . . 100 124 Amendment of pt 10, div 1, sdiv 2, hdg (Criminal history disclosure provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 125 Amendment of s 10.2E (Relationship to other laws) . . . . . . . . . . 101 126 Amendment of s 10.2G (Definitions for div 1A) . . . . . . . . . . . . . . 101 Part 14 Amendment of Queensland Building Services Authority Act 1991 127 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 128 Amendment of s 31 (Entitlement to contractor's licence) . . . . . . . 101 129 Amendment of s 31A (No entitlement to contractor's licence if particular partners) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 130 Amendment of s 32 (Entitlement to a nominee supervisor's licence) ........................................ 102 131 Amendment of s 32AA (Entitlement to a site supervisor's licence) 102 132 Amendment of s 32AB (Entitlement to a fire protection occupational licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 133 Insertion of new s 49AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 49AA Immediate cancellation of licences--identified participant in criminal organisation. . . . . . . . . . . . . . . 103 134 Insertion of new s 56AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 56AA Requesting and using police commissioner's advice--identified participants . . . . . . . . . . . . . . . . . . 104 135 Insertion of new pt 7, div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Division 3A Review of particular decisions 87A Confidentiality of criminal intelligence in proceedings 105 87B Application of Judicial Review Act 1991 . . . . . . . . . . . 107 Page 8

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents 136 Insertion of new sch 1, pt 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Part 10 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 52 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . 108 137 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 108 Part 15 Amendment of Racing Act 2002 138 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 139 Amendment of s 203 (Suitability of applicants for eligibility certificate) ...................................... 109 140 Amendment of s 211 (Conditions for granting application for eligibility certificate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 141 Insertion of new s 212A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 212A Information about whether persons are identified participants in criminal organisations . . . . . . . . . . . . . 110 142 Amendment of s 217 (Decision on application) . . . . . . . . . . . . . . 111 143 Amendment of s 224 (Investigations into suitability of certificate holder) ........................................ 111 144 Amendment of s 225 (Investigation into suitability of associate of certificate holder) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 145 Amendment of s 230 (Grounds for cancellation) . . . . . . . . . . . . . 113 146 Insertion of new s 230A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 230A Immediate cancellation of eligibility certificate . . . . . . 114 147 Amendment of s 231 (Show cause notice). . . . . . . . . . . . . . . . . . 114 148 Amendment of s 235 (Censuring certificate holder) . . . . . . . . . . . 115 149 Amendment of s 236 (Cancellation of eligibility certificate) . . . . . 115 150 Amendment of s 237 (Return of cancelled eligibility certificate). . 116 151 Amendment of s 238 (Automatic cancellation of all licences granted to racing bookmakers). . . . . . . . . . . . . . . . . . . . . . . . . . . 116 152 Amendment of s 239 (Notice to control bodies of decisions) . . . . 117 153 Insertion of new ss 242A and 242B . . . . . . . . . . . . . . . . . . . . . . . 117 242A Confidentiality of criminal intelligence in proceedings 117 242B Application of Judicial Review Act 1991 . . . . . . . . . . . 119 154 Amendment of s 310 (Definitions for div 1) . . . . . . . . . . . . . . . . . 120 155 Amendment of s 311 (Offence to disclose confidential information or copy background document) . . . . . . . . . . . . . . . . . 120 156 Insertion of new ch 10, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 Page 9

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents Part 8 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 463 Applications not finally decided . . . . . . . . . . . . . . . . . 120 157 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 121 Part 16 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 158 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 159 Amendment of s 7 (Suitability of applicants and licensees) . . . . . 122 160 Amendment of s 8 (Investigations about suitability of applicants and licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 161 Replacement of s 9 (Confidentiality of criminal history) . . . . . . . . 123 9 Confidentiality of report or information provided by commissioner of police service . . . . . . . . . . . . . . . . . 123 162 Amendment of s 12 (Decision on application for a licence) . . . . . 124 163 Amendment of s 15 (Decision on application for renewal or restoration of a licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 164 Amendment of s 19 (Grounds for suspending, cancelling, refusing to renew or restore, or imposing conditions on a licence) 124 165 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 20A Immediate cancellation and return of licence . . . . . . . 125 166 Amendment of s 21 (Return of licence) . . . . . . . . . . . . . . . . . . . . 126 167 Insertion of new ss 107A and 107B . . . . . . . . . . . . . . . . . . . . . . . 126 107A Confidentiality of criminal intelligence . . . . . . . . . . . . 126 107B Application of Judicial Review Act 1991 . . . . . . . . . . . 128 168 Insertion of new pt 9, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 Division 4 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 139 Applications not finally decided . . . . . . . . . . . . . . . . . 129 169 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 129 Part 17 Amendment of Security Providers Act 1993 170 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 171 Amendment of s 11 (Entitlement to licences--individuals) . . . . . 130 172 Amendment of s 12 (Inquiries about person's appropriateness to hold licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 173 Amendment of s 12AA (Costs of criminal history report) . . . . . . . 131 174 Amendment of s 12C (Use of information obtained under s 12, 12A or 12B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 Page 10

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents 175 Amendment of s 13 (Entitlement to licences--corporations or firms) ........................................ 132 176 Amendment of s 14 (Decision on application) . . . . . . . . . . . . . . . 132 177 Amendment of s 21 (Grounds for suspension, cancellation or refusal to renew). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 178 Amendment of s 22 (Procedure for suspension, cancellation or refusal to renew). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 179 Insertion of new s 23A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 23A Cancellation of licence--identified participant in criminal organisation . . . . . . . . . . . . . . . . . . . . . . . . . 134 180 Insertion of new ss 26A and 26B . . . . . . . . . . . . . . . . . . . . . . . . . 135 26A Confidentiality of criminal intelligence in proceedings 135 26B Application of Judicial Review Act 1991 . . . . . . . . . . . 137 181 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 Part 9 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 68 Applications not finally decided . . . . . . . . . . . . . . . . . 138 182 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 138 Part 18 Amendment of Supreme Court of Queensland Act 1991 183 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 184 Amendment of s 80 (Use of video link facilities in proceedings) . 139 Part 19 Amendment of Tattoo Parlours Act 2013 185 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 186 Replacement of s 57 (Confidentiality of criminal intelligence) . . . 140 57 Confidentiality of criminal intelligence in proceedings 140 187 Amendment of s 58 (Application of Judicial Review Act 1991). . . 141 Part 20 Amendment of Tow Truck Act 1973 188 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 189 Amendment of s 4C (Who is an appropriate person) . . . . . . . . . . 142 190 Amendment of s 6 (Application for licence) . . . . . . . . . . . . . . . . . 143 191 Amendment of s 9 (Renewal of licence). . . . . . . . . . . . . . . . . . . . 143 192 Amendment of s 19H (Restricted written release of information). 143 193 Amendment of pt 4, div 2, hdg (Cancellation and suspension of authorities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 194 Insertion of new pt 4, div 2, sdiv 1 and sdiv 2, hdg. . . . . . . . . . . . 143 Subdivision 1 Immediate cancellation Page 11

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents 21AA Immediate cancellation--identified participant or criminal organisation . . . . . . . . . . . . . . . . . . . . . . . . . 144 195 Amendment of s 21A (Cancellation or suspension of authorities) 144 196 Amendment of s 21B (Immediate suspension of authority) . . . . . 145 197 Amendment of s 21D (Amending, suspending or cancelling authority) ...................................... 146 198 Insertion of new pt 4, div 2, sdiv 3, hdg . . . . . . . . . . . . . . . . . . . . 146 199 Amendment of s 21G (Delivery of cancelled or suspended authority) ..................................... 147 200 Replacement of pt 6, hdg (Review of decisions) . . . . . . . . . . . . . 147 201 Insertion of new s 27A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 27A Requirement to give QCAT information notice for particular decisions mentioned in sch 1 . . . . . . . . . . . 147 202 Amendment of s 28 (Internal review of decisions) . . . . . . . . . . . . 148 203 Replacement of s 29 (External review of decisions). . . . . . . . . . . 148 29 Review of decisions by QCAT. . . . . . . . . . . . . . . . . . . 149 Division 2 Confidentiality and application of Judicial Review Act 1991 30 Confidentiality of criminal intelligence in proceedings 149 31 Application of Judicial Review Act 1991 . . . . . . . . . . . 152 204 Amendment of s 36 (Chief executive may obtain information from the commissioner of the police service) . . . . . . . . . . . . . . . . 152 205 Amendment of s 36A (Notice of change in police information about a person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 206 Insertion of new s 36AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 36AA Requesting and using police commissioner's advice--identified participants and criminal organisations ............................ 154 207 Amendment of s 36B (Chief executive may enter into arrangement about giving and receiving information with commissioner of the police service) . . . . . . . . . . . . . . . . . . . . . . . 155 208 Insertion of new pt 8, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 156 209 Insertion of new pt 8, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156 Division 2 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 45 Applications not finally decided . . . . . . . . . . . . . . . . . 156 210 Amendment of sch 1, hdg (Reviewable decisions). . . . . . . . . . . . 157 211 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 157 Page 12

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents Part 21 Amendment of Transport Planning and Coordination Act 1994 212 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 213 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 158 214 Insertion of new ss 36I to 36M . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 36I Giving information to approved agencies to enable use of information for particular purposes . . . . . . . . . 159 36J Use of information permitted despite other provisions 160 36K Misuse of particular information given . . . . . . . . . . . . 160 36L Extra-territorial application of offence provision . . . . . 161 36M Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 161 Part 22 Amendment of Transport Planning and Coordination Regulation 2005 215 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 216 Insertion of new pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162 Part 5 Prescribed approved agencies 10 Approved agency--Act, s 3 . . . . . . . . . . . . . . . . . . . . 162 Part 23 Amendment of Weapons Act 1990 217 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163 218 Amendment of s 10 (Limitations on issue of licence) . . . . . . . . . . 163 219 Amendment of s 10B (Fit and proper person--licensees) . . . . . . 164 220 Amendment of s 10C (Fit and proper person--licensed dealer's associate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 221 Amendment of s 14 (Inquiries into application) . . . . . . . . . . . . . . 164 222 Amendment of s 18 (Renewal of licences) . . . . . . . . . . . . . . . . . . 165 223 Amendment of s 19 (Notice of rejection of application to issue or renew licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166 224 Amendment of s 30 (Suspension or revocation notice) . . . . . . . . 166 225 Amendment of s 142 (Right to apply for review of decisions). . . . 167 226 Amendment of s 142AA (Notices must be QCAT information notices) ........................................ 167 227 Insertion of new ss 143 and 144 . . . . . . . . . . . . . . . . . . . . . . . . . 168 143 Additional confidentiality requirements for particular criminal intelligence in proceedings . . . . . . . . . . . . . . 168 144 Application of Judicial Review Act 1991 . . . . . . . . . . . 171 228 Amendment of s 145 (Applicant may carry on business pending review) ......................................... 171 229 Insertion of new pt 8, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172 Page 13

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Contents Division 5 Transitional provision for Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 191 Existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . 172 230 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 173 Part 24 Amendment of Work Health and Safety Act 2011 231 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 232 Amendment of s 271 (Confidentiality of information) . . . . . . . . . . 174 233 Amendment of sch 3 (Regulation-making powers). . . . . . . . . . . . 174 Page 14

 


 

2013 A Bill for An Act to amend the Bail Act 1980, the Corrective Services Act 2006, the Crime and Misconduct Act 2001, the Criminal Code, the Criminal Proceeds Confiscation Act 2002, the District Court of Queensland Act 1967, the Electrical Safety Act 2002, the Evidence Act 1977, the Justices Act 1886, the Liquor Act 1992, the Penalties and Sentences Act 1992, the Police Service Administration Act 1990, the Queensland Building Services Authority Act 1991, the Racing Act 2002, the Second-hand Dealers and Pawnbrokers Act 2003, the Security Providers Act 1993, the Supreme Court of Queensland Act 1991, the Tattoo Parlours Act 2013, the Tow Truck Act 1973, the Transport Planning and Coordination Act 1994, the Transport Planning and Coordination Regulation 2005, the Weapons Act 1990 and the Work Health and Safety Act 2011 for particular purposes

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation 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) and Other Legislation Amendment 5 Act 2013. 6 Clause 2 Commencement 7 (1) This Act, other than the following provisions, commences on 8 a day to be fixed by proclamation-- 9 (a) parts 2 to 7; 10 (b) parts 9 and 10; 11 (c) parts 12 and 13; 12 (d) part 18; 13 (e) parts 21 and 22. 14 (2) However, if sections 90(3) and 96 have not commenced when 15 the Liquor (Red Tape Reduction) and Other Legislation 16 Amendment Act 2013, section 37 commences, those sections 17 and section 116(2) expire at the same time as the 18 commencement of that provision. 19 Part 2 Amendment of Bail Act 1980 20 Clause 3 Act amended 21 This part amends the Bail Act 1980. 22 Page 16

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Bail Act 1980 [s 4] Clause 4 Amendment of s 6 (Definitions) 1 Section 6, definition court, paragraph (d), after `acting under 2 section 15A'-- 3 insert-- 4 or conducting a bail proceeding by using video link 5 facilities or audio link facilities under the Justices Act 6 1886, part 6A 7 Clause 5 Amendment of s 8 (Power of court as to bail) 8 Section 8(1)-- 9 insert-- 10 Note-- 11 If the court is a Magistrates Court, see also the Justices Act 12 1886, part 6A, for provisions about the use of video link 13 facilities or audio link facilities for proceedings, including 14 bail proceedings. 15 Clause 6 Replacement of ss 15A and 15B 16 Sections 15A and 15B-- 17 omit, insert-- 18 15A Conduct of proceeding by Magistrates Court 19 outside district or division 20 (1) This section applies if-- 21 (a) a Magistrates Court (the original court) has 22 jurisdiction under this Act or another Act to 23 hear a bail proceeding; and 24 (b) a practice direction made by the Chief 25 Magistrate provides for a bail proceeding to 26 be heard by an alternative court under this 27 section. 28 (2) The bail proceeding may be heard by the 29 alternative court under an Act mentioned in 30 subsection (1)(a) as if the alternative court-- 31 Page 17

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Bail Act 1980 [s 7] (a) had jurisdiction to hear the bail proceeding; 1 and 2 (b) were the original court for the purpose of 3 that Act. 4 (3) In hearing the bail proceeding, the alternative 5 court may make any order for the disposition of 6 the charge the court considers necessary. 7 (4) In this section-- 8 alternative court means a Magistrates Court for a 9 district or division outside the district or division 10 in which the bail proceeding would otherwise be 11 required to be heard. 12 Clause 7 Amendment of s 16 (Refusal of bail) 13 (1) Section 16(3A), `If the defendant is a'-- 14 omit, insert-- 15 If the defendant is charged with an offence and it is 16 alleged the defendant is, or has at any time been, a 17 (2) Section 16(3C), from `matter'-- 18 omit, insert-- 19 matter-- 20 (a) whether the offence with which the 21 defendant is charged is an indictable 22 offence, a simple offence or a regulatory 23 offence; or 24 (b) whether the defendant is alleged to have 25 been a participant in a criminal organisation 26 when the offence was committed; or 27 (c) that there is no link between the defendant's 28 alleged participation in the criminal 29 organisation and the offence with which the 30 defendant is charged. 31 (3) Section 16(3D)-- 32 Page 18

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Bail Act 1980 [s 8] omit, insert-- 1 (3D) Subsection (3A) does not apply if the defendant 2 proves that, at the time of the defendant's alleged 3 participation in the criminal organisation, the 4 organisation did not have, as 1 of its purposes, the 5 purpose of engaging in, or conspiring to engage 6 in, criminal activity. 7 Clause 8 Amendment of s 27B (Warrant for apprehension of 8 defendant if bail granted under s 15A) 9 (1) Section 27B, heading-- 10 omit, insert-- 11 27B Warrant for apprehension of defendant--bail 12 granted using video link facilities or audio link 13 facilities under Justices Act 1886, pt 6A 14 (2) Section 27B(1)-- 15 omit, insert-- 16 (1) This section applies if-- 17 (a) a magistrate grants bail to a defendant and 18 the proceeding is conducted using video link 19 facilities or audio link facilities under the 20 Justices Act 1886, part 6A; and 21 (b) the defendant leaves the precincts of the 22 associated place-- 23 (i) if the defendant is required to enter into 24 an undertaking under section 25 20--without entering into the 26 undertaking; or 27 (ii) if there are conditions of the bail with 28 which the defendant must comply 29 before leaving the precincts of the 30 associated place--without fulfilling the 31 conditions. 32 (3) Section 27B(3)(b), `(1)(a) or (b)'-- 33 Page 19

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 2 Amendment of Bail Act 1980 [s 9] omit, insert-- 1 (1)(b)(i) or (ii) 2 (4) Section 27B-- 3 insert-- 4 (4) In this section-- 5 associated place see the Justices Act 1886, 6 section 178B. 7 audio link facilities see the Justices Act 1886, 8 section 4. 9 precincts, of an associated place, means the part 10 of the associated place used for the bail 11 proceeding. 12 video link facilities see the Justices Act 1886, 13 section 4. 14 Clause 9 Insertion of new s 42 15 Part 5-- 16 insert-- 17 42 Transitional provision for Criminal Law 18 (Criminal Organisations Disruption) and Other 19 Legislation Amendment Act 2013 20 (1) Sections 6 and 15A as amended or inserted by the 21 amending Act apply to a bail proceeding heard 22 on or after the commencement. 23 (2) Section 16(3A) as in force on 17 October 2013 24 applies and is taken to have always applied to a 25 bail application hearing on or after that date but 26 before the commencement. 27 (3) Section 16(3A) as in force on the commencement 28 applies to a bail application hearing on or after 29 the commencement. 30 Page 20

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Corrective Services Act 2006 [s 10] (4) For subsections (1) to (3), it is irrelevant whether 1 the act or omission constituting the offence the 2 subject of the proceeding happened before or 3 after-- 4 (a) for subsections (1) and (3)--the 5 commencement; or 6 (b) for subsection (2)--17 October 2013. 7 (5) In this section-- 8 amending Act means the Criminal Law 9 (Criminal Organisations Disruption) and Other 10 Legislation Amendment Act 2013. 11 commencement means the commencement of 12 this section. 13 Part 3 Amendment of Corrective 14 Services Act 2006 15 Clause 10 Act amended 16 This part amends the Corrective Services Act 2006. 17 Clause 11 Amendment of s 12 (Prisoner security classification) 18 Section 12-- 19 insert-- 20 (1B) Also, if the prisoner is subject to a criminal 21 organisation segregation order, the prisoner must 22 be classified into a security classification of-- 23 (a) high; or 24 (b) if the chief executive decides--maximum. 25 Page 21

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Corrective Services Act 2006 [s 12] Clause 12 Amendment of s 13 (Reviewing prisoner's security 1 classification) 2 Section 13-- 3 insert-- 4 (1B) Also, the chief executive need not review the 5 security classification of a prisoner subject to a 6 criminal organisation segregation order, 7 regardless of whether-- 8 (a) the prisoner's security classification is high 9 or maximum; or 10 (b) a court order changes the term of the 11 prisoner's imprisonment. 12 Clause 13 Amendment of s 41 (Who may be required to give test 13 sample) 14 Section 41(1)-- 15 insert-- 16 (c) an offender subject to a community based 17 order who is an identified participant in a 18 criminal organisation. 19 Clause 14 Insertion of new ch 2, pt 2, div 6A 20 Chapter 2, part 2-- 21 insert-- 22 Division 6A Criminal organisation 23 segregation orders 24 65A Making criminal organisation segregation 25 order 26 (1) The chief executive must make an order (a 27 criminal organisation segregation order or 28 COSO) for a prisoner if the commissioner 29 Page 22

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Corrective Services Act 2006 [s 14] advises the chief executive under section 344AA 1 that the prisoner is an identified participant in a 2 criminal organisation. 3 Note-- 4 See also sections 350A and 350B. 5 (2) The COSO remains in effect for the period of the 6 prisoner's imprisonment. 7 (3) However, the chief executive must cancel the 8 COSO if the commissioner gives the chief 9 executive information under section 344AA that 10 the prisoner is no longer an identified participant 11 in a criminal organisation. 12 65B Directions in COSOs 13 A COSO may include directions about the extent to 14 which-- 15 (a) the prisoner is to be segregated from other 16 prisoners; and 17 (b) the prisoner is to receive privileges; and 18 (c) the chief executive may restrict privileges. 19 65C Medical examination 20 A doctor must examine a prisoner subject to a 21 COSO-- 22 (a) as soon as practicable after the COSO takes 23 effect; and 24 (b) subsequently, at intervals that are, to the 25 greatest practicable extent, of not more than 26 28 days; and 27 (c) if the COSO is cancelled--as soon as 28 practicable after the COSO ceases to have 29 effect. 30 Page 23

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Corrective Services Act 2006 [s 15] 65D Record 1 (1) The chief executive must record, for each 2 corrective services facility, the details of each 3 prisoner who is or was subject to a COSO. 4 (2) The details for a prisoner must include each of 5 the following-- 6 (a) the prisoner's name, identification number 7 and age; 8 (b) the date on which the COSO was made; 9 (c) if the COSO was cancelled--the date on 10 which it was cancelled; 11 (d) the dates on which the prisoner was 12 examined under section 65C. 13 (3) The chief executive must, for each prisoner who 14 is or was subject to a COSO, also keep a copy of 15 any advice given to the chief executive that the 16 prisoner is, or is not, an identified participant in a 17 criminal organisation. 18 Clause 15 Amendment of s 71 (Reconsidering decision) 19 (1) Section 71(5)-- 20 renumber as section 71(6). 21 (2) Section 71-- 22 insert-- 23 (5) This section does not apply if the prisoner is 24 subject to a criminal organisation segregation 25 order. 26 Clause 16 Insertion of new s 267A 27 After section 267-- 28 insert-- 29 Page 24

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Corrective Services Act 2006 [s 16] 267A Directions to identified participant in criminal 1 organisation 2 (1) This section applies to an offender who is-- 3 (a) an identified participant in a criminal 4 organisation; and 5 (b) subject to a parole order or community 6 based order (the relevant order). 7 (2) The purpose of this section is to enable-- 8 (a) the movements in the community of the 9 offender to be restricted; and 10 (b) the location of the offender in the 11 community to be monitored. 12 (3) The chief executive may order a corrective 13 services officer to give any or all of the following 14 directions to the offender-- 15 (a) a direction to remain at a stated place for a 16 stated period; 17 (b) a direction to wear a stated device for 18 monitoring the offender's location; 19 (c) a direction to permit the installation of any 20 device or equipment at the place where the 21 offender resides. 22 Note-- 23 See also sections 350A and 350B. 24 (4) A corrective services officer may give ancillary 25 directions to an offender that are reasonable and 26 necessary for the proper administration of a 27 direction given under subsection (3). 28 (5) A direction under this section-- 29 (a) may be given in writing or orally, and may 30 apply generally or be limited in its 31 application; and 32 Page 25

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Corrective Services Act 2006 [s 17] (b) must not be inconsistent with a requirement 1 of the relevant order. 2 (6) Subsection (7) applies if-- 3 (a) the chief executive gives a corrective 4 services officer an order under subsection 5 (3); and 6 (b) the commissioner advises the chief 7 executive under section 344AA that the 8 offender is no longer an identified 9 participant in a criminal organisation. 10 (7) The chief executive must order a corrective 11 services officer to tell the offender that any 12 direction given to the offender under subsection 13 (3) is no longer in place. 14 Clause 17 Insertion of new s 344AA 15 Chapter 6, part 13-- 16 insert-- 17 344AA Commissioner may provide information 18 about particular offender's participation in 19 criminal organisation 20 (1) The chief executive may ask the commissioner 21 whether an offender is an identified participant in 22 a criminal organisation. 23 (2) The commissioner must give the chief executive 24 the requested advice. 25 (3) The chief executive may use the requested advice 26 only for managing the offender in a corrective 27 services facility or supervising the offender in the 28 community, including-- 29 (a) making a criminal organisation segregation 30 order for the offender; and 31 (b) if the offender is subject to a parole order or 32 community based order-- 33 Page 26

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Corrective Services Act 2006 [s 18] (i) deciding whether to order a corrective 1 services officer to give the offender a 2 direction under section 267A; or 3 (ii) requiring the offender to give a test 4 sample under section 41. 5 (4) Subsections (5) and (6) apply if the 6 commissioner advises the chief executive that the 7 offender is identified as an identified participant 8 in a criminal organisation. 9 (5) The chief executive must ask the commissioner 10 for information about whether the offender is still 11 an identified participant in a criminal 12 organisation-- 13 (a) if the chief executive reasonably believes the 14 offender may no longer be a participant in a 15 criminal organisation--as soon as 16 practicable after forming the belief; or 17 Example of when the chief executive may reasonably 18 believe the offender is no longer a participant in a 19 criminal organisation-- 20 the offender gives the chief executive evidence 21 that the offender is not a participant in a criminal 22 organisation 23 (b) in any case--at intervals of not more than 6 24 months after the commissioner gives the 25 advice under subsection (2). 26 (6) The commissioner must give the chief executive 27 the advice requested under subsection (5). 28 Clause 18 Insertion of new ss 350A and 350B 29 After section 350-- 30 insert-- 31 Page 27

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Corrective Services Act 2006 [s 18] 350A Confidentiality of criminal intelligence in 1 proceedings 2 (1) This section applies if-- 3 (a) a person seeks a review of a decision of the 4 chief executive to make a COSO or an order 5 under section 267A(3); and 6 (b) the decision was made as a result of advice 7 given by the commissioner that the person is 8 an identified participant in a criminal 9 organisation. 10 (2) For a proceeding about the decision in the 11 Supreme Court-- 12 (a) the commissioner is a party to the 13 proceedings; and 14 (b) the commissioner must give the Supreme 15 Court a statement of reasons about the 16 identification of the person by the 17 commissioner as an identified participant in 18 a criminal organisation. 19 (3) For a proceeding mentioned in subsection (2), the 20 Supreme Court may-- 21 (a) review the identification by the 22 commissioner of the person as an identified 23 participant in a criminal organisation; and 24 (b) as it considers appropriate to protect the 25 confidentiality of criminal intelligence-- 26 (i) receive evidence and hear argument 27 about the criminal intelligence in the 28 absence of parties to the proceeding 29 and their representatives; and 30 (ii) take evidence consisting of criminal 31 intelligence by way of affidavit of a 32 police officer of at least the rank of 33 superintendent. 34 Page 28

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Corrective Services Act 2006 [s 18] (4) If the Supreme Court considers information has 1 been incorrectly categorised by the commissioner 2 as criminal intelligence, the commissioner may 3 withdraw the information from consideration by 4 the court. 5 (5) Information that is withdrawn under subsection 6 (4) by the commissioner must not be-- 7 (a) disclosed to any person; or 8 (b) taken into consideration by the Supreme 9 Court. 10 (6) In this section-- 11 criminal intelligence means-- 12 (a) advice given by the commissioner to the 13 chief executive under section 344AA that a 14 person is a participant in a criminal 15 organisation; and 16 (b) information held by the commissioner that 17 is relevant to whether the person is an 18 identified participant in a criminal 19 organisation. 20 350B Application of Judicial Review Act 1991 21 (1) The Judicial Review Act 1991, part 4 does not 22 apply to a decision of the chief executive 23 mentioned in section 350A(1). 24 (2) Subject to this division, unless the Supreme 25 Court decides that a decision of the chief 26 executive mentioned in section 350A(1) is 27 affected by jurisdictional error, the decision-- 28 (a) is final and conclusive; and 29 (b) can not be challenged, appealed against, 30 reviewed, quashed, set aside or called in 31 question in any other way, under the Judicial 32 Review Act 1991 or otherwise (whether by 33 Page 29

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 3 Amendment of Corrective Services Act 2006 [s 19] the Supreme Court, another court, a tribunal 1 or another entity); and 2 (c) is not subject to any declaratory, injunctive 3 or other order of the Supreme Court, another 4 court, a tribunal or another entity on any 5 ground. 6 (3) The Judicial Review Act 1991, part 5 applies to a 7 decision mentioned in subsection (2) to the extent 8 it is affected by jurisdictional error. 9 Clause 19 Amendment of sch 4 (Dictionary) 10 Schedule 4-- 11 insert-- 12 COSO see section 65A. 13 criminal organisation has the meaning given 14 under the Criminal Code, section 1. 15 criminal organisation segregation order see 16 section 65A. 17 identified participant, in a criminal organisation, 18 means a person who is identified by the 19 commissioner as a participant in the criminal 20 organisation. 21 participant, in a criminal organisation, means a 22 participant in the organisation within the 23 meaning of the Criminal Code, section 60A(3). 24 Page 30

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 20] Part 4 Amendment of Crime and 1 Misconduct Act 2001 2 Clause 20 Act amended 3 This part amends the Crime and Misconduct Act 2001. 4 Clause 21 Replacement of s 8 (Crime Reference Committee) 5 Section 8-- 6 omit, insert-- 7 8 Crime Reference Committee 8 The Crime Reference Committee-- 9 (a) has responsibility for-- 10 (i) referring major crime to the 11 commission for investigation; and 12 (ii) authorising the commission to 13 undertake specific intelligence 14 operations; and 15 (b) has a coordinating role for investigations 16 into major crime conducted by the 17 commission in cooperation with any other 18 law enforcement agency. 19 Clause 22 Amendment of s 53 (Intelligence functions) 20 Section 53, after `following functions'-- 21 insert-- 22 (its intelligence functions) 23 Clause 23 Amendment of ch 3, pt 1, div 1, sdiv 1, hdg (Crime 24 investigations) 25 Chapter 3, part 1, division 1, subdivision 1, heading, after 26 `investigations'-- 27 Page 31

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 24] insert-- 1 and specific intelligence operations (crime) 2 Clause 24 Amendment of s 72 (Power to require information or 3 documents) 4 (1) Section 72(1), (2) and (3)(b)(ii), after `investigation'-- 5 insert-- 6 or specific intelligence operation (crime) 7 (2) Section 72(7)(a) and (b)-- 8 renumber as section 72(7)(b) and (c). 9 (3) Section 72(7)-- 10 insert-- 11 (a) state whether it relates to a crime 12 investigation or a specific intelligence 13 operation (crime); and 14 Clause 25 Amendment of ch 3, pt 1, div 2, sdiv 1, hdg (Crime 15 investigations and witness protection function) 16 Chapter 3, part 1, division 2, subdivision 1, heading, after 17 `investigations'-- 18 insert-- 19 , specific intelligence operations (crime) 20 Clause 26 Amendment of s 74 (Notice to produce for crime 21 investigation or witness protection function) 22 (1) Section 74, heading, after `investigation'-- 23 insert-- 24 , specific intelligence operation (crime) 25 (2) Section 74(1)(b)-- 26 renumber as section 74(1)(c). 27 Page 32

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 26] (3) Section 74(1)-- 1 insert-- 2 (b) a specific intelligence operation (crime); 3 (4) Section 74(2), after `investigation'-- 4 insert-- 5 , a specific intelligence operation (crime) 6 (5) Section 74(2A)(b)-- 7 renumber as section 74(2A)(c). 8 (6) Section 74(2A)-- 9 insert-- 10 (b) a specific intelligence operation (crime); or 11 (7) Section 74(3), after `crime investigation'-- 12 insert-- 13 or specific intelligence operation (crime) 14 (8) Section 74(3), after `the investigation'-- 15 insert-- 16 or operation 17 (9) Section 74(4)(b)-- 18 renumber as section 74(4)(c). 19 (10) Section 74(4)-- 20 insert-- 21 (b) for a notice given in the context of a specific 22 intelligence operation (crime), delay in the 23 production of the document may result in-- 24 (i) its destruction, removal or 25 concealment; or 26 (ii) serious prejudice to the conduct of the 27 operation; or 28 Page 33

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 27] (iii) the loss of an opportunity to obtain 1 timely intelligence-- 2 (A) in advance of a significant event; 3 or 4 (B) that may help prevent a risk to 5 public safety; or 6 (11) Section 74-- 7 insert-- 8 (5A) A prescribed person's fear, whether genuinely 9 held or not, of-- 10 (a) personal physical harm or damage to the 11 person's property; or 12 (b) physical harm to someone else, or damage 13 to the property of someone else, with whom 14 the person has a connection or bond; 15 is not a reasonable excuse to fail to comply with a 16 notice to produce given for a crime investigation 17 or a specific intelligence operation (crime) that 18 relates to a criminal organisation or a participant 19 in a criminal organisation. 20 (12) Section 74-- 21 insert-- 22 (9) In this section-- 23 prescribed person means a person who is a 24 participant in a criminal organisation. 25 Clause 27 Amendment of ch 3, pt 1, div 2, sdiv 2, hdg (Misconduct 26 investigations) 27 Chapter 3, part 1, division 2, subdivision 2, heading, after 28 `investigations'-- 29 insert-- 30 and specific intelligence operations (misconduct) 31 Page 34

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 28] Clause 28 Amendment of s 75 (Notice to discover information) 1 (1) Section 75(1)(a), after `investigation'-- 2 insert-- 3 or a specific intelligence operation (misconduct) 4 (2) Section 75(1)(b) and (2), after `investigation'-- 5 insert-- 6 or operation 7 (3) Section 75(7)(a) and (b)-- 8 renumber as section 75(7)(b) and (c). 9 (4) Section 75(7)-- 10 insert-- 11 (a) state whether it relates to a misconduct 12 investigation or a specific intelligence 13 operation (misconduct); and 14 Clause 29 Amendment of ch 3, pt 1, div 3, sdiv 1, hdg (Crime 15 investigations) 16 Chapter 3, part 1, division 3, subdivision 1, heading, after 17 `investigations'-- 18 insert-- 19 and specific intelligence operations (crime) 20 Clause 30 Amendment of ch 3, pt 1, div 3, sdiv 2, hdg (Misconduct 21 investigations) 22 Chapter 3, part 1, division 3, subdivision 2, heading, after 23 `investigations'-- 24 insert-- 25 and specific intelligence operations (misconduct) 26 Page 35

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 31] Clause 31 Amendment of s 82 (Notice to attend hearing--general) 1 Section 82(5), penalty-- 2 omit, insert-- 3 Maximum penalty--200 penalty units or 5 years 4 imprisonment. 5 Clause 32 Amendment of s 183 (Refusal to take oath) 6 Section 183, penalty-- 7 omit, insert-- 8 Maximum penalty--200 penalty units or 5 years 9 imprisonment. 10 Clause 33 Amendment of s 185 (Refusal to produce--claim of 11 reasonable excuse) 12 (1) Section 185(1) and (6), penalty-- 13 omit, insert-- 14 Maximum penalty--200 penalty units or 5 years 15 imprisonment. 16 (2) Section 185(1) and (3A), `requirement made under section 17 75B'-- 18 omit, insert-- 19 section 75B requirement 20 Clause 34 Amendment of s 188 (Refusal to produce--claim of 21 reasonable excuse) 22 (1) Section 188(1)(c), `requirement under section 75B'-- 23 omit, insert-- 24 section 75B requirement 25 (2) Section 188(2), penalty-- 26 omit, insert-- 27 Page 36

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 35] Maximum penalty--200 penalty units or 5 years 1 imprisonment. 2 Clause 35 Amendment of s 190 (Refusal to answer question) 3 Section 190(1) and (3), penalty-- 4 omit, insert-- 5 Maximum penalty--200 penalty units or 5 years 6 imprisonment. 7 Clause 36 Amendment of s 192 (Refusal to answer question) 8 (1) Section 192(1), penalty-- 9 omit, insert-- 10 Maximum penalty--200 penalty units or 5 years 11 imprisonment. 12 (2) Section 192(3), penalty-- 13 omit, insert-- 14 Maximum penalty for subsection (3)--200 penalty 15 units or 5 years imprisonment. 16 Clause 37 Amendment of s 195 (Appeals to Supreme Court) 17 (1) Section 195(9)-- 18 insert-- 19 Note-- 20 See also section 200A in relation to the confidentiality 21 of proceedings under this section. 22 (2) Section 195-- 23 insert-- 24 (10) However, the court may permit a person to be 25 present at a hearing for the application for leave 26 to appeal, or appeal, in the interests of justice. 27 Page 37

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 38] Clause 38 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)(c), after `Act'-- 4 insert-- 5 and the answer, document, thing or statement is 6 admissible under section 265 of that Act 7 Clause 39 Amendment of s 198 (Contempt of person conducting 8 commission hearing) 9 Section 198(4)(b), `requirement made under section 75B'-- 10 omit, insert-- 11 section 75B requirement 12 Clause 40 Amendment of s 199 (Punishment of contempt) 13 (1) Section 199(8A)(a)(ii), `requirement made under section 14 75B'-- 15 omit, insert-- 16 section 75B requirement 17 (2) Section 199-- 18 insert-- 19 (9A) The court's hearing under this section is closed to 20 the public. 21 Note-- 22 See also section 200A in relation to the confidentiality 23 of proceedings under this section. 24 (9B) However, the court may permit a person to be 25 present at the hearing in the interests of justice. 26 Clause 41 Insertion of new s 200A 27 Chapter 4, part 4, before section 201-- 28 Page 38

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 41] insert-- 1 200A Confidentiality of particular proceedings 2 (1) This section applies to the following (each the 3 proceeding)-- 4 (a) an application for leave to appeal, or an 5 appeal, under section 195; 6 (b) a proceeding for contempt under section 7 199; 8 (c) an appeal against a decision in a proceeding 9 mentioned in paragraph (a) or (b). 10 (2) The proceeding, or a hearing in the proceeding, 11 must not be mentioned on a published court list. 12 Example of published court list-- 13 daily law list 14 (3) If a party to the proceeding files an application or 15 supporting material for the proceeding, the 16 application or material must be accompanied by a 17 notice to the registrar stating the application or 18 material-- 19 (a) is filed for a proceeding mentioned in 20 subsection (1); and 21 (b) is a document to which subsections (4) to 22 (6) apply. 23 (4) No record of proceedings is to be available for 24 access by any person, unless the court has, on 25 application by a person, given approval for the 26 access. 27 (5) A person is not entitled to search information in 28 the custody of a court in relation to the 29 proceeding, unless the court otherwise orders in 30 the interests of justice. 31 (6) Subsections (4) and (5) do not apply in relation to 32 a party to the proceeding or a lawyer representing 33 a party to the proceeding. 34 Page 39

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 42] (7) Nothing in this section prevents the publication 1 of reasons for a decision in the proceeding if the 2 publication does not identify-- 3 (a) a person; or 4 (b) information that may prejudice-- 5 (i) an investigation being conducted by the 6 commission; or 7 (ii) a specific intelligence operation being 8 undertaken by the commission; or 9 (iii) the performance of another function of 10 the commission. 11 (8) In this section-- 12 record of proceedings includes-- 13 (a) a transcript of the proceeding (whether 14 written or otherwise); and 15 (b) documents in the court file for the 16 proceeding; and 17 (c) an appeal book in relation to the proceeding. 18 Clause 42 Insertion of new s 237A 19 After section 237-- 20 insert-- 21 237A Acting part-time commissioners 22 (1) The Governor in Council may appoint a person 23 qualified for appointment as a part-time 24 commissioner to act as a part-time 25 commissioner-- 26 (a) during a vacancy in the office of a part-time 27 commissioner; or 28 (b) during any period, or all periods, when a 29 part-time commissioner is absent from duty 30 Page 40

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 43] or from the State or, for another reason, can 1 not perform the duties of the office. 2 (2) Sections 227 and 228 do not apply to the 3 appointment of a person to act as a part-time 4 commissioner. 5 Clause 43 Amendment of s 277 (Reference committee may obtain 6 information from commission) 7 Section 277(3)(a), `under the authorisation; and'-- 8 omit. 9 Clause 44 Amendment of s 331 (Effect of pending proceedings) 10 (1) Section 331(2)-- 11 omit, insert-- 12 (2) If the proceeding is a proceeding for an indictable 13 offence and is conducted by or for the State, the 14 commission must, if failure to do so might 15 prejudice the accused's right to a fair trial, do 1 or 16 more of the following-- 17 (a) conduct any hearing relating to an 18 investigation as a closed hearing during the 19 currency of the proceeding; 20 (b) give a direction under section 202 to have 21 effect during the currency of the proceeding; 22 (c) make an order under section 180(3). 23 (2) Section 331(3)-- 24 omit. 25 (3) Section 331(4)-- 26 renumber as section 331(3). 27 (4) Section 331-- 28 insert-- 29 Page 41

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 45] (4) To remove any doubt, it is declared that-- 1 (a) a proceeding for a criminal offence is in or 2 before a court from the moment the charge 3 is laid for the offence; and 4 (b) under subsection (1), the commission may, 5 for the investigation or hearing, require a 6 person or witness to answer a question, or 7 produce a document or thing, that is relevant 8 to a proceeding brought against the person 9 or witness for a criminal offence. 10 Example for paragraph (b)-- 11 The commission may require a person to attend a 12 commission hearing to answer a question about a 13 matter relating to a criminal offence for which the 14 person has been charged. 15 Clause 45 Insertion of new ch 8, pt 10 16 Chapter 8-- 17 insert-- 18 Part 10 Criminal Law (Criminal 19 Organisations 20 Disruption) and Other 21 Legislation 22 Amendment Act 2013 23 395 Use of privileged answers, documents, things 24 or statements in proceedings under 25 Confiscation Act 26 (1) Section 197(3)(c) as in force on and from 17 27 October 2013-- 28 (a) applies, and is taken to have always applied, 29 only to an answer, document, thing or 30 statement given or produced on or after that 31 day; and 32 Page 42

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 4 Amendment of Crime and Misconduct Act 2001 [s 46] (b) authorises the use of an answer, document, 1 thing or statement only in a proceeding 2 under the Confiscation Act started on or 3 after that day; and 4 (c) applies, and is taken to have always applied, 5 as if the provision as amended by the 6 amending Act, and section 265 of the 7 Confiscation Act as inserted by the 8 amending Act, were in force from the 9 beginning of that day. 10 Note-- 11 17 October 2013 is the day section 197(3)(c) was 12 inserted into this Act by the Criminal Law (Criminal 13 Organisations Disruption) Amendment Act 2013, 14 section 27. 15 (2) For subsection (1), section 265 of the 16 Confiscation Act as inserted by the amending Act 17 applies, and is taken to have always applied, in 18 relation to an answer, document, thing or 19 statement mentioned in subsection (1)(a) and a 20 proceeding mentioned in subsection (1)(b). 21 (3) In this section-- 22 amending Act means the Criminal Law 23 (Criminal Organisations Disruption) and Other 24 Legislation Amendment Act 2013. 25 Clause 46 Amendment of sch 2 (Dictionary) 26 (1) Schedule 2-- 27 insert-- 28 intelligence functions see section 53. 29 section 75B requirement means a requirement 30 under section 75B. 31 specific intelligence operation (crime) means a 32 specific intelligence operation authorised in 33 Page 43

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 5 Amendment of Criminal Code [s 47] relation to a matter mentioned in section 1 55A(1)(a). 2 specific intelligence operation (misconduct) 3 means a specific intelligence operation 4 authorised in relation to a matter mentioned in 5 section 55A(1)(b). 6 (2) Schedule 2, definition notice to produce, paragraph (a), after 7 `investigation'-- 8 insert-- 9 , a specific intelligence operation (crime) 10 (3) Schedule 2, definition participant-- 11 insert-- 12 (f) a person who has been a person mentioned 13 in paragraph (a), (b), (c), (d) or (e) at any 14 time within the preceding 2 years; 15 Part 5 Amendment of Criminal Code 16 Clause 47 Act amended 17 This part amends the Criminal Code. 18 Clause 48 Amendment of s 1 (Definitions) 19 Section 1, definition criminal organisation, paragraph (b), after 20 `;'-- 21 insert-- 22 or 23 Page 44

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 5 Amendment of Criminal Code [s 49] Clause 49 Amendment of s 597C (Accused person to be called on to 1 plead to indictment) 2 (1) Section 597C(4), from `the prosecutor' to `use of the link'-- 3 omit, insert-- 4 the court considers use of the link is in the interests of 5 justice 6 (2) Section 597C-- 7 insert-- 8 (4A) However, the court may not allow the use of an 9 audiovisual link or audio link under subsection 10 (4) if facilities mentioned in subsection (5A)(a) 11 are not available at the court or the place where 12 the accused person is present. 13 (4B) For subsection (4), in deciding whether use of an 14 audio link is in the interests of justice, the court 15 must have regard to the desirability of an accused 16 person's arraignment being done over an 17 audiovisual link, rather than an audio link, if an 18 audiovisual link is available. 19 (3) Section 597C-- 20 insert-- 21 (5A) If an accused person's arraignment is done over 22 an audiovisual link or audio link and the person's 23 representative in the proceeding is at the place 24 where the court is sitting-- 25 (a) the court and the place where the person is 26 present must make facilities available for 27 private communication between the person 28 and the person's representative; and 29 (b) a communication between the person and 30 the person's representative is as confidential 31 and inadmissible in any proceeding as it 32 would be if it took place between the person 33 Page 45

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 5 Amendment of Criminal Code [s 50] and the person's representative while in each 1 other's presence. 2 (5B) Subsection (5A)(b) does not limit any other 3 protection applying to the communication. 4 Clause 50 Insertion of new ch 92 5 After chapter 91-- 6 insert-- 7 Chapter 92 Transitional 8 provision for 9 Criminal Law 10 (Criminal 11 Organisations 12 Disruption) and 13 Other Legislation 14 Amendment Act 15 2013 16 731 Application of amended s 597C 17 Section 597C as amended by the Criminal Law 18 (Criminal Organisations Disruption) and Other 19 Legislation Amendment Act 2013 applies to the 20 arraignment of an accused person in a proceeding for 21 an offence, whether the proceeding was started before, 22 on or after the commencement of this section. 23 Page 46

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 6 Amendment of Criminal Proceeds Confiscation Act 2002 [s 51] Part 6 Amendment of Criminal 1 Proceeds Confiscation Act 2 2002 3 Clause 51 Act amended 4 This part amends the Criminal Proceeds Confiscation Act 5 2002. 6 Clause 52 Amendment and renumbering of s 265 (Evidentiary 7 provision) 8 Section 265, heading-- 9 omit, insert-- 10 266 Other evidentiary matters 11 Clause 53 Insertion of new s 265 12 Chapter 11, before section 266 as renumbered-- 13 insert-- 14 265 Admissibility of evidence obtained under 15 Crime and Misconduct Act 2001 16 (1) An answer, document, thing or statement 17 mentioned in the Crime and Misconduct Act 18 2001, section 197(1) is admissible as evidence in 19 a proceeding, other than a proceeding for the 20 prosecution of an offence, under this Act only 21 with the court's leave. 22 Note-- 23 See the Crime and Misconduct Act 2001, section 395(2) 24 in relation to the answers, documents, things and 25 statements, and proceedings, to which this section 26 applies. 27 (2) The court may give the leave unless the court 28 considers the unfairness to the respondent in a 29 criminal proceeding that may be caused by 30 Page 47

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 7 Amendment of District Court of Queensland Act 1967 [s 54] admitting the evidence outweighs its probative 1 value in the proceeding under this Act. 2 (3) In deciding whether admitting the evidence may 3 cause unfairness to the respondent in a criminal 4 proceeding, the court must consider-- 5 (a) whether the use of the evidence in the 6 proceeding under this Act may prejudice a 7 fair trial of the respondent for an offence for 8 which the respondent has been, or may be, 9 charged; and 10 (b) whether there is any action it can take to 11 prevent or limit the unfairness to the 12 respondent. 13 Examples of action court may take-- 14 holding the proceeding, or a part of it, in 15 private 16 making an order prohibiting or restricting the 17 publication of all or part of the records of the 18 proceeding, or the whole or part of the 19 judgment in the proceeding 20 (4) Subsection (3) does not limit the matters the 21 court may consider in deciding whether 22 admitting the evidence may cause unfairness to 23 the respondent. 24 Part 7 Amendment of District Court of 25 Queensland Act 1967 26 Clause 54 Act amended 27 This part amends the District Court of Queensland Act 1967. 28 Page 48

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 55] Clause 55 Amendment of s 110C (Use of video link facilities in 1 proceedings) 2 (1) Section 110C(1)-- 3 insert-- 4 (ba) the proceeding is not a proceeding for the 5 sentencing of the detainee; and 6 Note-- 7 See the Penalties and Sentences Act 1992, section 8 15A in relation to the use of audiovisual link or 9 audio link facilities for a sentencing proceeding. 10 (2) Section 110C(1)(ba) and (c)-- 11 renumber as section 110C(1)(c) and (d). 12 Part 8 Amendment of Electrical Safety 13 Act 2002 14 Clause 56 Act amended 15 This part amends the Electrical Safety Act 2002. 16 Clause 57 Amendment of s 59 (Application for issue of electrical 17 licence) 18 (1) Section 59(3), `The regulator'-- 19 omit, insert-- 20 Subject to subsection (5), the regulator 21 (2) Section 59-- 22 insert-- 23 (5) Subject to section 63A, the regulator must refuse 24 to issue the electrical licence if the regulator is 25 satisfied the person is a prohibited person. 26 Page 49

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 58] Note-- 1 See section 65A for when a person is a prohibited 2 person. 3 Clause 58 Amendment of s 60 (Application for renewal of electrical 4 licence) 5 (1) Section 60(3), `The regulator'-- 6 omit, insert-- 7 Subject to subsection (4A), the regulator 8 (2) Section 60-- 9 insert-- 10 (4A) Subject to section 63A, the regulator must refuse 11 to renew the electrical licence if the regulator is 12 satisfied the holder is a prohibited person. 13 Note-- 14 See section 65A for when a person is a prohibited 15 person. 16 Clause 59 Amendment of s 61 (Application for reinstatement of 17 electrical licence) 18 (1) Section 61(3), `The regulator'-- 19 omit, insert-- 20 Subject to subsection (4A), the regulator 21 (2) Section 61-- 22 insert-- 23 (4A) Subject to section 63A, the regulator must refuse 24 to reinstate the electrical licence if the regulator 25 is satisfied the person is a prohibited person. 26 Note-- 27 See section 65A for when a person is a prohibited 28 person. 29 Page 50

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 60] Clause 60 Insertion of new s 63A 1 After section 63-- 2 insert-- 3 63A Procedure for refusing to issue, renew or 4 reinstate electrical licence of body corporate 5 or partnership 6 (1) This section applies if-- 7 (a) a body corporate or a partnership applies to 8 the regulator for the issue, renewal or 9 reinstatement of an electrical licence; and 10 (b) the regulator is satisfied the applicant is a 11 prohibited person because-- 12 (i) if the applicant is a body corporate--an 13 officer of the body corporate is an 14 identified participant in a criminal 15 organisation; or 16 (ii) if the applicant is a partnership--a 17 partner in the partnership is an 18 identified participant in a criminal 19 organisation. 20 (2) Before refusing the application under section 21 59(5), 60(4A) or 61(4A) (the refusal decision), 22 the regulator must give the applicant a written 23 notice stating-- 24 (a) the regulator is satisfied the applicant is a 25 prohibited person because the officer or 26 partner is an identified participant in a 27 criminal organisation; and 28 (b) the name of the officer or partner; and 29 (c) the regulator must make the refusal decision 30 unless the officer or partner-- 31 (i) is removed from all positions of 32 authority in the applicant; and 33 Page 51

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 61] (ii) is not in a position to control or 1 influence the applicant's conduct of its 2 business; and 3 (d) the applicant may make, within a stated 4 period of not more than 28 days after the 5 giving of the notice, written representations 6 to the regulator in support of the matters 7 mentioned in paragraph (c)(i) and (ii). 8 (3) If no representations are made within the stated 9 period-- 10 (a) the application is taken to have been 11 withdrawn; and 12 (b) the regulator must give the applicant a 13 written notice stating that, under this 14 section, the application is taken to have been 15 withdrawn. 16 (4) If, after considering all written representations 17 made within the stated period, the regulator is 18 still satisfied the applicant is a prohibited person, 19 the regulator must make the refusal decision. 20 Clause 61 Amendment of s 64 (Regulator to give reasons for refusal 21 of application or for conditions) 22 Section 64-- 23 insert-- 24 (3) The Acts Interpretation Act 1954, section 27B, 25 does not apply to the information notice 26 mentioned in subsection (1) to the extent to 27 which the decision is the result of advice given by 28 the Commissioner to the regulator under section 29 65B. 30 Clause 62 Insertion of new pt 4, div 3A 31 Part 4-- 32 Page 52

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 62] insert-- 1 Division 3A Prohibited persons 2 65A When person prohibited from holding 3 electrical licence 4 (1) A person is prohibited from holding an electrical 5 licence if-- 6 (a) for an individual--the person is an 7 identified participant in a criminal 8 organisation; or 9 (b) for a body corporate or a partnership-- 10 (i) the body corporate or partnership is a 11 criminal organisation; or 12 (ii) an officer of the body corporate, or a 13 partner in the partnership, is an 14 identified participant in a criminal 15 organisation. 16 (2) A person who is prohibited under subsection (1) 17 from holding an electrical licence is called a 18 prohibited person. 19 65B Requesting and using information from 20 Commissioner--identified participants and 21 criminal organisations 22 (1) If an application for the issue, renewal or 23 reinstatement of an electrical licence is made, the 24 regulator must ask the Commissioner for 25 information about whether a person is-- 26 (a) an identified participant in a criminal 27 organisation; or 28 (b) a criminal organisation. 29 (2) Also, for the purposes of administering this Act, 30 the regulator may ask the Commissioner for 31 Page 53

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 63] information about whether a holder of an 1 electrical licence is-- 2 (a) an identified participant in a criminal 3 organisation; or 4 (b) a criminal organisation. 5 (3) The Commissioner must comply with the 6 regulator's request. 7 (4) The regulator may use the advice given by the 8 Commissioner only for deciding whether a 9 person is a prohibited person. 10 Clause 63 Amendment of s 88 (Functions of licensing committee) 11 (1) Section 88-- 12 insert-- 13 (2A) Subsection (2)(f) does not apply to a decision of 14 the regulator under section 59(5), 60(4A), 61(4A) 15 or 63A(4) or part 9A. 16 (2) Section 88(2A) and (3)-- 17 renumber as section 88(3) and (4). 18 Clause 64 Amendment of s 107 (Licensed electrical contractor) 19 Section 107(1)(n), `executive'-- 20 omit. 21 Clause 65 Insertion of new s 107A 22 Part 9, division 1-- 23 insert-- 24 107A Becoming a prohibited person not a ground 25 for disciplinary action 26 To remove any doubt, it is declared that the holder of 27 an electrical licence becoming a prohibited person is 28 Page 54

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 66] not a ground for taking disciplinary action against the 1 holder. 2 Note-- 3 See part 9A for the cancellation, by the regulator, of 4 electrical licences and the external licence recognition 5 provision's application to external licences. 6 Clause 66 Insertion of new pt 9A 7 After section 121-- 8 insert-- 9 Part 9A Cancellation of 10 electrical licence and 11 external licence 12 recognition provision's 13 application to external 14 licence 15 121A Cancellation of licence 16 (1) Subject to section 121C, the regulator must 17 cancel an electrical licence if the regulator is 18 satisfied the holder of the electrical licence is a 19 prohibited person. 20 (2) The regulator must-- 21 (a) give the holder written notice of the decision 22 as soon as practicable after cancelling the 23 licence; and 24 (b) include with the written notice an 25 information notice for the decision. 26 (3) The Acts Interpretation Act 1954, section 27B, 27 does not apply to the information notice. 28 (4) The cancellation takes effect on the later of the 29 following-- 30 Page 55

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 66] (a) the day on which the notice is given to the 1 holder; 2 (b) the day stated in the notice. 3 (5) If an electrical licence is cancelled under 4 subsection (1), the holder must return the licence 5 to the regulator within 14 days after the 6 information notice is given to the holder. 7 Maximum penalty for subsection (5)--20 penalty 8 units. 9 121B Cancellation of external licence recognition 10 provision's application to external licence 11 (1) Subject to section 121C, the regulator must 12 cancel the external licence recognition 13 provision's application to an external licence if 14 the regulator is satisfied the holder of the external 15 licence is a prohibited person. 16 (2) The regulator must-- 17 (a) give the holder written notice of the decision 18 as soon as practicable after cancelling the 19 external licence recognition provision's 20 application to the licence; and 21 (b) include with the written notice an 22 information notice for the decision; and 23 (c) publish a notice of the decision, but not the 24 reasons for the decision, in the gazette. 25 (3) The Acts Interpretation Act 1954, section 27B, 26 does not apply to the information notice. 27 (4) The cancellation takes effect on the later of the 28 following-- 29 (a) the day on which the notice is given to the 30 holder; 31 (b) the day stated in the notice. 32 Page 56

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 66] 121C Procedure for cancelling electrical licence, or 1 external licence recognition provision's 2 application to external licence, of body 3 corporate or partnership 4 (1) This section applies if-- 5 (a) a body corporate or a partnership (each the 6 licence holder) is-- 7 (i) the holder of an electrical licence; or 8 (ii) the holder of an external licence to 9 which the external licence recognition 10 provision applies; and 11 (b) the regulator is satisfied the licence holder is 12 a prohibited person because-- 13 (i) if the licence holder is a body 14 corporate--an officer of the body 15 corporate is an identified participant in 16 a criminal organisation; or 17 (ii) if the licence holder is a partnership--a 18 partner in the partnership is an 19 identified participant in a criminal 20 organisation. 21 (2) Before making a decision under section 121A or 22 121B (the cancellation decision), the regulator 23 must give the licence holder a written notice 24 stating-- 25 (a) the regulator is satisfied the licence holder is 26 a prohibited person because the officer or 27 partner is an identified participant in a 28 criminal organisation; and 29 (b) the name of the officer or partner; and 30 (c) the regulator must make the cancellation 31 decision unless the officer or partner-- 32 (i) is removed from all positions of 33 authority in the licence holder; and 34 Page 57

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 67] (ii) is not in a position to control or 1 influence the licence holder's conduct 2 of its business; and 3 (d) the licence holder may make, within a stated 4 period of not more than 28 days after the 5 giving of the notice, written representations 6 to the regulator in support of the matters 7 mentioned in paragraph (c)(i) and (ii). 8 (3) If, after considering all written representations 9 made within the stated period, the regulator is 10 still satisfied the licence holder is a prohibited 11 person, the regulator must make the cancellation 12 decision. 13 Clause 67 Amendment of s 168 (Application for review) 14 Section 168-- 15 insert-- 16 (2) Despite subsection (1), this division does not 17 apply to a decision of the regulator under section 18 59(5), 60(4A), 61(4A) or 63A(4) or part 9A. 19 Clause 68 Insertion of new ss 173 and 174 20 After section 172-- 21 insert-- 22 173 Confidentiality of criminal intelligence in 23 proceedings 24 (1) This section applies if-- 25 (a) a person seeks a review of any of the 26 following decisions made by the regulator-- 27 (i) a refusal to issue an electrical licence; 28 (ii) a refusal to renew an electrical licence; 29 (iii) a refusal to reinstate an electrical 30 licence; 31 Page 58

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 68] (iv) a cancellation of an electrical licence; 1 (v) a cancellation of the external licence 2 recognition provision's application to 3 an external licence; and 4 (b) the decision was made as a result of advice 5 given by the Commissioner that the person, 6 or another person who can not be a 7 prohibited person if the person is to be the 8 holder of the licence, is an identified 9 participant in a criminal organisation. 10 (2) For a proceeding relating to an application for 11 review of the decision in QCAT or a proceeding 12 about the decision in the Supreme Court-- 13 (a) the Commissioner is a party to the 14 proceedings; and 15 (b) the Commissioner must give QCAT or the 16 Supreme Court a statement of reasons about 17 the identification of the person by the 18 Commissioner as an identified participant in 19 a criminal organisation. 20 (3) For a proceeding mentioned in subsection (2), 21 QCAT or the Supreme Court may-- 22 (a) review the identification by the 23 Commissioner of the person as an identified 24 participant in a criminal organisation; and 25 (b) as it considers appropriate to protect the 26 confidentiality of criminal intelligence-- 27 (i) receive evidence and hear argument 28 about the criminal intelligence in the 29 absence of parties to the proceeding 30 and their representatives; and 31 (ii) take evidence consisting of criminal 32 intelligence by way of affidavit of a 33 police officer of at least the rank of 34 superintendent. 35 Page 59

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 68] (4) If QCAT or the Supreme Court considers 1 information has been incorrectly categorised by 2 the Commissioner as criminal intelligence, the 3 Commissioner may withdraw the information 4 from consideration by QCAT or the court. 5 (5) Information that is withdrawn under subsection 6 (4) by the Commissioner must not be-- 7 (a) disclosed to any person; or 8 (b) taken into consideration by QCAT or the 9 Supreme Court. 10 174 Application of Judicial Review Act 1991 11 (1) The Judicial Review Act 1991, part 4 does not 12 apply to a decision of the regulator mentioned in 13 section 173(1). 14 (2) Subject to this division, unless the Supreme 15 Court decides that a decision of the regulator 16 mentioned in section 173(1) is affected by 17 jurisdictional error, the decision-- 18 (a) is final and conclusive; and 19 (b) can not be challenged, appealed against, 20 reviewed, quashed, set aside or called in 21 question in any other way, under the Judicial 22 Review Act 1991 or otherwise (whether by 23 the Supreme Court, another court, a tribunal 24 or another entity); and 25 (c) is not subject to any declaratory, injunctive 26 or other order of the Supreme Court, another 27 court, a tribunal or another entity on any 28 ground. 29 (3) The Judicial Review Act 1991, part 5 applies to a 30 decision mentioned in subsection (2) to the extent 31 it is affected by jurisdictional error. 32 Page 60

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 69] Clause 69 Amendment of s 184 (Certificate about action on 1 electrical licence) 2 Section 184, before `in relation to the holder'-- 3 insert-- 4 or regulator 5 Clause 70 Insertion of new pt 21 6 After section 254-- 7 insert-- 8 Part 21 Transitional provision 9 for Criminal Law 10 (Criminal 11 Organisations 12 Disruption) and Other 13 Legislation 14 Amendment Act 2013 15 255 Applications not finally decided 16 (1) This section applies if, immediately before the 17 commencement, the regulator had not finally 18 decided an application for the-- 19 (a) issue of an electrical licence; or 20 (b) renewal of an electrical licence; or 21 (c) reinstatement of an electrical licence. 22 (2) The regulator must decide the application under 23 this Act as amended by the Criminal Law 24 (Criminal Organisations Disruption) and Other 25 Legislation Amendment Act 2013. 26 (3) In this section-- 27 Page 61

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 8 Amendment of Electrical Safety Act 2002 [s 71] commencement means the commencement of 1 this section. 2 Clause 71 Amendment of sch 2 (Dictionary) 3 (1) Schedule 2, definition executive officer offence provision-- 4 omit. 5 (2) Schedule 2-- 6 insert-- 7 Commissioner means the Commissioner of the 8 Police Service. 9 criminal intelligence means-- 10 (a) advice given by the Commissioner to the 11 regulator under section 65B(2) that a person 12 is-- 13 (i) an identified participant in a criminal 14 organisation; or 15 (ii) a criminal organisation; and 16 (b) information held by the Commissioner that 17 is relevant to whether the person is an 18 identified participant in a criminal 19 organisation or a criminal organisation. 20 criminal organisation means-- 21 (a) for the definition identified participant--a 22 criminal organisation under the Criminal 23 Code, section 1; or 24 (b) otherwise--an organisation identified by the 25 Commissioner as a criminal organisation 26 within the meaning of the Criminal Code, 27 section 1. 28 identified participant, in a criminal organisation, 29 means a person who is identified by the 30 Commissioner as a participant in the organisation 31 Page 62

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 9 Amendment of Evidence Act 1977 [s 72] within the meaning of the Criminal Code, section 1 60A(3). 2 prohibited person see section 65A(2). 3 Part 9 Amendment of Evidence Act 4 1977 5 Clause 72 Act amended 6 This part amends the Evidence Act 1977. 7 Clause 73 Amendment of s 39B (Application of pt 3A) 8 Section 39B(4), from `authorised by'-- 9 omit, insert-- 10 authorised by any of the following-- 11 (a) the Criminal Code, section 597C(4); 12 (b) the District Court of Queensland Act 1967, 13 section 110C; 14 (c) the Justices Act 1886, section 178C; 15 (d) the Penalties and Sentences Act 1992, 16 section 15A; 17 (e) the Supreme Court of Queensland Act 1991, 18 section 80; 19 (f) the Youth Justice Act 1992, section 53 or 20 159. 21 Clause 74 Amendment of s 39C (Definitions for pt 3A) 22 Section 39C, definition external location, paragraph (b), `594'-- 23 Page 63

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 10 Amendment of Justices Act 1886 [s 75] omit, insert-- 1 597C 2 Part 10 Amendment of Justices Act 3 1886 4 Clause 75 Act amended 5 This part amends the Justices Act 1886. 6 Clause 76 Amendment of s 4 (Definitions) 7 Section 4-- 8 insert-- 9 audio link facilities means facilities, including 10 telephone, that enable reasonably 11 contemporaneous and continuous audio 12 communication between persons at different 13 places. 14 correctional institution, for part 6A, see section 15 178B. 16 court cell, for part 6A, see section 178B. 17 video link facilities means facilities, including 18 closed-circuit television, that enable reasonably 19 contemporaneous and continuous audio and 20 visual communication between persons at 21 different places, including, for example, video 22 link facilities. 23 Page 64

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 10 Amendment of Justices Act 1886 [s 77] Clause 77 Replacement of s 23EC (Magistrate for other district or 1 division authorised to grant bail may also adjourn a 2 hearing for offence) 3 Section 23EC-- 4 omit, insert-- 5 23EC Conduct of proceeding by video link facilities 6 or audio link facilities by court outside district 7 or division 8 (1) This section applies if-- 9 (a) a Magistrates Court (the original court) has 10 jurisdiction under this Act or another Act to 11 hear a proceeding, including a criminal 12 proceeding; and 13 (b) the original court is authorised under this 14 Act or another Act (an authorising law) to 15 conduct the proceeding using video link 16 facilities or audio link facilities; and 17 Examples of authorising laws-- 18 part 6A of this Act 19 Evidence Act 1977, part 3A 20 Penalties and Sentences Act 1992, section 15A 21 (c) a practice direction made by the Chief 22 Magistrate provides for the proceeding to be 23 conducted by an alternative court by video 24 link facilities or audio link facilities under 25 this section. 26 (2) The alternative court may conduct the proceeding 27 by using video link facilities or audio link 28 facilities under the authorising law as if the 29 alternative court-- 30 (a) had jurisdiction under the Act mentioned in 31 subsection (1)(a) to hear the proceeding; and 32 (b) were the original court for the purpose of the 33 authorising law. 34 Page 65

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 10 Amendment of Justices Act 1886 [s 78] (3) In this section-- 1 alternative court, in relation to a proceeding, 2 means a Magistrates Court outside the district or 3 division in which the proceeding would 4 otherwise be required to be heard. 5 Clause 78 Amendment of s 139 (Where summary cases to be heard) 6 Section 139(2F), after `by post'-- 7 insert-- 8 or electronically 9 Clause 79 Amendment of pt 6A, hdg (Use of video link facilities) 10 Part 6A, heading, after `facilities'-- 11 insert-- 12 or audio link facilities 13 Clause 80 Amendment of s 178A (Purpose of part) 14 Section 178A, after `facilities'-- 15 insert-- 16 or audio link facilities 17 Clause 81 Amendment of s 178B (Definitions for part) 18 (1) Section 178B-- 19 insert-- 20 correctional institution includes the following-- 21 (a) a corrective services facility within the 22 meaning of the Corrective Services Act 23 2006; 24 (b) a watch-house; 25 (c) a holding cell at a police station; 26 Page 66

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 10 Amendment of Justices Act 1886 [s 82] (d) a court cell. 1 court cell means a place attached to or near a 2 court that is used for detaining prisoners of the 3 court. 4 (2) Section 178B, definition associated place, after `video link 5 facilities'-- 6 insert-- 7 or audio link facilities 8 Clause 82 Amendment of s 178C (Use of video link facilities in 9 proceedings) 10 (1) Section 178C, heading, after `facilities'-- 11 insert-- 12 or audio link facilities 13 (2) Section 178C(1)(b), after `remand'-- 14 insert-- 15 , other than a proceeding for the sentencing of the 16 person 17 (3) Section 178C(1)(b)-- 18 insert-- 19 Note-- 20 See the Penalties and Sentences Act 1992, section 15A in 21 relation to the use of audiovisual link or audio link 22 facilities for a sentencing proceeding. 23 (4) Section 178C(1)(c), after `video link facilities'-- 24 insert-- 25 or audio link facilities 26 (5) Section 178C(2)-- 27 omit, insert-- 28 (2) If-- 29 Page 67

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 10 Amendment of Justices Act 1886 [s 83] (a) the person is in custody in a correctional 1 institution that is a corrective services 2 facility within the meaning of the Corrective 3 Services Act 2006; and 4 (b) the proceeding is for the person's bail or 5 remand; 6 the proceeding must be conducted using the 7 video link facilities, unless the primary court, in 8 the interests of justice, otherwise orders. 9 (6) Section 178C(3)-- 10 omit, insert-- 11 (3) In a proceeding other than a proceeding to which 12 subsection (2) applies, the primary court may, in 13 the interests of justice, order the proceeding be 14 conducted using the video link facilities or audio 15 link facilities. 16 (3A) However, the primary court may not make an 17 order under subsection (3) if facilities mentioned 18 in section 178F(1) are not available at the 19 primary court or the associated place. 20 (7) Section 178C(4), after `video link facilities'-- 21 insert-- 22 or audio link facilities 23 (8) Section 178C(3A) and (4)-- 24 renumber as section 178C(4) and (5). 25 Clause 83 Amendment of s 178D (Facility user taken to be before 26 the court) 27 Section 178D(3), after `video link facilities'-- 28 insert-- 29 or audio link facilities 30 Page 68

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 10 Amendment of Justices Act 1886 [s 84] Clause 84 Amendment of s 178E (Way video link facilities must be 1 operated) 2 (1) Section 178E, heading, after `facilities'-- 3 insert-- 4 or audio link facilities 5 (2) Section 178E-- 6 insert-- 7 (1A) Audio link facilities, when used for a proceeding, 8 must be operated in a way that ensures two-way 9 audio communication between the facility user 10 and the primary court. 11 (3) Section 178E(2), after `video link facilities'-- 12 insert-- 13 or audio link facilities 14 Clause 85 Insertion of new pt 11, div 6 15 Part 11-- 16 insert-- 17 Division 6 Criminal Law (Criminal 18 Organisations Disruption) 19 and Other Legislation 20 Amendment Act 2013 21 280 Application of provisions about use of video 22 link facilities or audio link facilities 23 (1) The amended provisions apply to a proceeding 24 for an offence, whether the proceeding started 25 before, on or after the commencement of this 26 section. 27 (2) In this section-- 28 amended provisions means the following 29 provisions as amended or inserted by the 30 Page 69

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 86] Criminal Law (Criminal Organisations 1 Disruption) and Other Legislation Amendment 2 Act 2013-- 3 (a) sections 4, 23EC and 139; 4 (b) part 6A. 5 Part 11 Amendment of Liquor Act 1992 6 Division 1 Preliminary 7 Clause 86 Act amended 8 This part amends the Liquor Act 1992. 9 Division 2 Amendments not affected by Liquor 10 (Red Tape Reduction) and Other 11 Legislation Amendment Act 2013 12 Clause 87 Amendment of s 4 (Definitions) 13 (1) Section 4, definition executive officer-- 14 omit. 15 (2) Section 4-- 16 insert-- 17 criminal organisation means-- 18 (a) for the definition identified participant--a 19 criminal organisation under the Criminal 20 Code, section 1; or 21 (b) otherwise--an organisation identified by the 22 police commissioner as a criminal 23 Page 70

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 88] organisation within the meaning of the 1 Criminal Code, section 1. 2 executive officer, of a corporation or 3 unincorporated association, means a person who 4 is concerned with, or takes part in, the 5 corporation's or association's management, or 6 who is in a position of authority or influence in 7 relation to the corporation or association, 8 whether or not the person is a director or 9 committee member or the person's position is 10 given the name of executive officer or committee 11 member. 12 identified participant, in a criminal organisation, 13 means a person who is identified by the police 14 commissioner as a participant in the organisation 15 within the meaning of the Criminal Code, section 16 60A(3). 17 relevant agreement, for part 5, division 3A, see 18 section 139A(b). 19 section 228B decision see section 36(2). 20 (3) Section 4, definition disqualified person, after `228A'-- 21 insert-- 22 or 228B 23 Clause 88 Insertion of new s 11B 24 Part 1, division 4, subdivision 1-- 25 insert-- 26 11B Particular entities not exempt 27 This division does not apply to-- 28 (a) a disqualified person mentioned in section 29 228B; or 30 Page 71

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 89] (b) a corporation, if an executive officer of the 1 corporation is a disqualified person 2 mentioned in section 228B(1); or 3 (c) a person acting on behalf of an 4 unincorporated association, if-- 5 (i) an executive officer of the association 6 is a disqualified person mentioned in 7 section 228B(1); or 8 (ii) the unincorporated association is a 9 criminal organisation; or 10 (d) a person acting on behalf of a partnership, if 11 a member of the partnership is a disqualified 12 person mentioned in section 228B. 13 Clause 89 Amendment of pt 2, hdg (Jurisdiction of tribunal) 14 Part 2, heading, after `tribunal'-- 15 insert-- 16 and application of Judicial Review Act 1991 17 Clause 90 Amendment of s 21 (Jurisdiction and powers of tribunal) 18 (1) Section 21(1)(c)-- 19 omit, insert-- 20 (c) the taking of disciplinary action relating to a 21 licence, the suspension (including urgent 22 suspension) or cancellation of a licence or 23 permit or the imposition or variation of the 24 conditions of a permit; or 25 (2) Section 21(1)-- 26 insert-- 27 (ee) a refusal to give an approval mentioned in 28 section 153(1) or (3); or 29 Page 72

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 91] (ef) a suspension or withdrawal of an approval 1 under section 139B or 139D; or 2 (3) Section 21(1)-- 3 insert-- 4 (eg) a refusal or withdrawal of an authorisation 5 of a nomination of a person to be a 6 controller under section 109B; or 7 Clause 91 Insertion of new pt 2, div 3 8 Part 2-- 9 insert-- 10 Division 3 Review of decisions 11 relating to particular 12 disqualified persons 13 36 Application of div 3 14 (1) This division applies to a decision mentioned in 15 section 21 made by the commissioner about a 16 person, if the decision was made because-- 17 (a) the person is a disqualified person under 18 section 228B; or 19 (b) for a corporation--an executive officer of 20 the corporation is a disqualified person 21 mentioned in section 228B(1); or 22 (c) for an unincorporated association-- 23 (i) an executive officer of the association 24 is a disqualified person mentioned in 25 section 228B(1); or 26 (ii) the unincorporated association is a 27 criminal organisation; or 28 (d) for a partnership--the commissioner knows, 29 or suspects on reasonable grounds, that an 30 Page 73

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 91] executive officer of the association of the 1 partnership is a disqualified person 2 mentioned in section 228B(1). 3 (2) A decision to which this division applies is a 4 section 228B decision. 5 37 Confidentiality of criminal intelligence in 6 proceedings 7 (1) For a proceeding relating to an application for 8 review of a section 228B decision by the tribunal 9 or a proceeding about a section 228B decision in 10 the Supreme Court-- 11 (a) the police commissioner is a party to the 12 proceeding; and 13 (b) the police commissioner must give the 14 tribunal or the Supreme Court a statement of 15 reasons about the identification of the 16 person or the person's associate by the 17 police commissioner as-- 18 (i) an identified participant in a criminal 19 organisation; or 20 (ii) a criminal organisation. 21 (2) For a proceeding mentioned in subsection (1), the 22 tribunal or Supreme Court may-- 23 (a) review the identification by the police 24 commissioner of the person or the person's 25 associate as-- 26 (i) an identified participant in a criminal 27 organisation; or 28 (ii) a criminal organisation; and 29 (b) as it considers appropriate to protect the 30 confidentiality of criminal intelligence-- 31 (i) receive evidence and hear arguments 32 about the criminal intelligence in the 33 Page 74

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 91] absence of parties to the proceeding 1 and their representatives; and 2 (ii) take evidence consisting of criminal 3 intelligence by way of affidavit of a 4 police officer of at least the rank of 5 superintendent. 6 (3) If the tribunal or the Supreme Court considers 7 information has been incorrectly categorised by 8 the police commissioner as criminal intelligence, 9 the police commissioner may withdraw the 10 information from consideration by the tribunal or 11 the court. 12 (4) Information that is withdrawn under subsection 13 (3) by the police commissioner must not be-- 14 (a) disclosed to any person; or 15 (b) taken into consideration by the tribunal or 16 Supreme Court. 17 (5) In this section-- 18 associate, of a person, means-- 19 (a) if the person is a corporation--an executive 20 officer of the corporation; or 21 (b) if the person is acting on behalf of an 22 unincorporated association--an executive 23 officer of the association; or 24 (c) if the person is acting on behalf of a 25 partnership--a member of the partnership. 26 criminal intelligence means-- 27 (a) advice given by the police commissioner to 28 the commissioner under section 47B that a 29 person is-- 30 (i) an identified participant in a criminal 31 organisation; or 32 (ii) a criminal organisation; and 33 Page 75

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 92] (b) information held by the police 1 commissioner that is relevant to whether a 2 person is an identified participant in a 3 criminal organisation or is a criminal 4 organisation. 5 38 Application of Judicial Review Act 1991 6 (1) The Judicial Review Act 1991, part 4 does not 7 apply to a section 228B decision. 8 (2) Subject to this part, unless the Supreme Court 9 decides that a section 228B decision is affected 10 by jurisdictional error, the decision-- 11 (a) is final and conclusive; and 12 (b) can not be challenged, appealed against, 13 reviewed, quashed, set aside or called in 14 question in any other way, under the Judicial 15 Review Act 1991 or otherwise (whether by 16 the Supreme Court, or another court, a 17 tribunal or another entity); and 18 (c) is not subject to any declaratory, injunctive 19 or other order of the Supreme Court, another 20 court, a tribunal or another entity on any 21 ground. 22 (3) The Judicial Review Act 1991, part 5 applies to 23 the decision to the extent it is affected by 24 jurisdictional error. 25 Clause 92 Insertion of new ss 47B and 47C 26 Part 3-- 27 insert-- 28 Page 76

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 92] 47B Requesting and using information from police 1 commissioner--section 228B decisions 2 (1) In making a section 228B decision, the 3 commissioner must ask the police 4 commissioner-- 5 (a) whether the person the subject of the 6 decision is-- 7 (i) an identified participant in a criminal 8 organisation; or 9 (ii) a criminal organisation; or 10 (b) if the person the subject of the decision is a 11 corporation--whether an executive officer 12 of the corporation is an identified 13 participant; or 14 (c) if the commissioner knows or suspects on 15 reasonable grounds that the person the 16 subject of the decision is acting on behalf of 17 an unincorporated association, whether-- 18 (i) an executive officer of the association 19 is an identified participant in a criminal 20 organisation; or 21 (ii) the association is a criminal 22 organisation; or 23 (d) if the commissioner knows or suspects on 24 reasonable grounds that the person the 25 subject of the decision is acting on behalf of 26 a partnership--whether a member of the 27 partnership is an identified participant in a 28 criminal organisation. 29 (2) The police commissioner must comply with the 30 commissioner's request. 31 (3) The commissioner may use the advice given by 32 the police commissioner only for making the 33 section 228B decision. 34 Page 77

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 93] 47C Application of Acts Interpretation Act 1954 in 1 giving reasons for section 228B decisions 2 The Acts Interpretation Act 1954, section 27B does 3 not apply to a notice given to a person about a section 4 228B decision, to the extent to which the decision is 5 the result of advice given by the police commissioner 6 to an authorised officer under section 47B. 7 Clause 93 Amendment of pt 5, hdg (Grant, variation and transfer of 8 licences and permits) 9 Part 5, heading, after `permits'-- 10 insert-- 11 and related matters 12 Clause 94 Amendment of s 107 (Restrictions on grant of licence or 13 permit) 14 (1) Section 107(2), `behalf of a partnership'-- 15 omit, insert-- 16 behalf of an unincorporated association or partnership 17 (2) Section 107(2)(a)-- 18 omit, insert-- 19 (a) each executive officer of the corporation; or 20 (3) Section 107(2)(b), `who is a'-- 21 omit, insert-- 22 who is an executive officer of the association or a 23 Clause 95 Amendment of s 107E (Suitability of applicant for adult 24 entertainment permit) 25 (1) Section 107E(1)-- 26 insert-- 27 Page 78

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 96] (ga) whether the applicant is a disqualified 1 person mentioned in section 228B; 2 (gb) if the applicant is a corporation, whether an 3 executive officer of the corporation is a 4 disqualified person mentioned in section 5 228B(1); 6 (gc) if the commissioner knows, or suspects on 7 reasonable grounds, that the permit is held 8 on behalf of an unincorporated association, 9 whether-- 10 (i) the association is a criminal 11 organisation; or 12 (ii) an executive officer of the association 13 is a disqualified person mentioned in 14 section 228B(1); 15 (gd) if the commissioner knows, or suspects on 16 reasonable grounds, that the permit is held 17 on behalf of a partnership, whether a 18 member of which is a disqualified person 19 mentioned in section 228B(1); 20 (2) Section 107E(1)(ga) to (h)-- 21 renumber as section 107E(1)(h) to (l). 22 Clause 96 Amendment of s 109B (Controllers) 23 (1) Section 109B(9), from `nominated person'-- 24 omit, insert-- 25 nominated person-- 26 (a) is not a suitable person to be a controller; or 27 (b) is a disqualified person mentioned in section 28 228B(1). 29 (2) Section 109B-- 30 insert-- 31 Page 79

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 97] (12) If a controller whose nomination is authorised 1 under this section has become a disqualified 2 person mentioned in section 228B(1), the 3 commissioner must immediately withdraw the 4 authorisation by giving written notice to the 5 licensee or permittee stating the authorisation has 6 been withdrawn under this section. 7 (13) The written notice must comply with the tribunal 8 Act, section 157. 9 Clause 97 Amendment of s 129 (Applications to continue trading in 10 certain circumstances) 11 Section 129(2)-- 12 insert-- 13 (e) a licensee's licence is suspended under 14 section 137A(1A). 15 Clause 98 Amendment of s 131A (Decision by commissioner on 16 application to continue trading in certain circumstances) 17 (1) Section 131A(7), `liabilities under'-- 18 omit. 19 (2) Section 131A-- 20 insert-- 21 (12) For forming the satisfaction mentioned in 22 subsection (8), the commissioner may have 23 regard to the matters mentioned in section 107 to 24 which the commissioner must have regard in 25 deciding whether an applicant is not a 26 disqualified person and is a fit and proper person 27 to hold a licence. 28 Page 80

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 99] Clause 99 Amendment of s 134 (Cancellation, suspension or 1 variation of permits) 2 Section 134(3), from `satisfied'-- 3 omit, insert-- 4 satisfied-- 5 (a) the permittee has become a disqualified 6 person; or 7 (b) the permit is held by a person on behalf of 8 an unincorporated association that is a 9 criminal organisation. 10 Clause 100 Replacement of s 134A (Ground for taking relevant action 11 relating to adult entertainment permit) 12 Section 134A-- 13 omit, insert-- 14 134A Ground for taking relevant action relating to 15 particular permits 16 The commissioner may take a relevant action for a 17 permit on the ground that-- 18 (a) for an adult entertainment permit--the 19 person who holds the permit is no longer a 20 suitable person to provide adult 21 entertainment; or 22 (b) for a permit held by a corporation--an 23 executive officer of the corporation is a 24 disqualified person mentioned in section 25 228B(1); or 26 (c) the commissioner knows, or suspects on 27 reasonable grounds, that the permit is held 28 on behalf of an unincorporated association, 29 an executive officer of which is a 30 disqualified person mentioned in section 31 228B(1); or 32 Page 81

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 101] (d) the commissioner knows, or suspects on 1 reasonable grounds, that the permit is held 2 by a person on behalf of a partnership, a 3 member of which is a disqualified person 4 mentioned in section 228B(1). 5 Clause 101 Amendment of s 134B (Show cause notice) 6 (1) Section 134B, from `that a person' to `provide adult 7 entertainment'-- 8 omit, insert-- 9 that a ground for taking a relevant action for a permit 10 exists 11 (2) Section 134B-- 12 insert-- 13 (2) If the commissioner considers a ground 14 mentioned in section 134A(b), (c) or (d) exists, 15 the relevant action stated in the notice must 16 include cancellation of the permit. 17 Clause 102 Amendment of s 134C (Decision about relevant action 18 relating to adult entertainment permit) 19 (1) Section 134C, `adult entertainment'-- 20 omit. 21 (2) Section 134C-- 22 insert-- 23 (1A) However, if the commissioner still considers 24 there is a ground mentioned in section 134A(b), 25 (c) or (d) to take the relevant action, the 26 commissioner must take the relevant action. 27 (3) Section 134C(2), `licensee'-- 28 omit, insert-- 29 holder of the permit 30 Page 82

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 103] (4) Section 134C(3), `subsection (2)'-- 1 omit, insert-- 2 subsection (3) 3 (5) Section 134C(1A) to (3)-- 4 renumber as section 134C(2) to (4). 5 Clause 103 Insertion of new s 134D 6 After section 134C-- 7 insert-- 8 134D Urgent suspension 9 (1) This section applies if the commissioner believes, 10 on reasonable grounds, that a ground to take 11 relevant action for a permit mentioned in section 12 134A(b), (c) or (d) exists. 13 (2) The commissioner may immediately suspend the 14 permit (an urgent suspension) by written notice 15 that must-- 16 (a) be given to the permittee; and 17 (b) state the permit is suspended; and 18 (c) comply with the tribunal Act, section 19 157(2). 20 (3) The urgent suspension continues until the first of 21 the following happens-- 22 (a) the commissioner revokes it; 23 (b) the commissioner gives the permittee notice 24 of the commissioner's decision under 25 section 134C; 26 (c) the end of 60 days after the notice under 27 subsection (2) was given to the permittee. 28 Page 83

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 104] Clause 104 Amendment of s 135 (Summary cancellation, suspension 1 or variation) 2 Section 135(1), after `section 134'-- 3 insert-- 4 , 134C or 134D 5 Clause 105 Amendment of s 136 (Grounds for disciplinary action) 6 (1) Section 136(1)(e), `the licensee'-- 7 omit, insert-- 8 the licensee is a disqualified person or 9 (2) Section 136-- 10 insert-- 11 (2) Without limiting subsection (1)(e), each of the 12 following is a ground for taking disciplinary 13 action relating to a licence-- 14 (a) for a licence held by a corporation--an 15 executive officer of the corporation is a 16 disqualified person mentioned in section 17 228B(1); or 18 (b) the commissioner knows, or suspects on 19 reasonable grounds, that the licence is held 20 on behalf of an unincorporated association, 21 an executive officer of which is a 22 disqualified person mentioned in section 23 228B(1); or 24 (c) the commissioner knows, or suspects on 25 reasonable grounds, that the licence is held 26 by a person on behalf of a partnership, a 27 member of which is a disqualified person 28 mentioned in section 228B(1). 29 Page 84

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 106] Clause 106 Amendment of s 137 (Procedure for taking disciplinary 1 action in relation to licence) 2 Section 137-- 3 insert-- 4 (3) Subsection (4) applies if the commissioner 5 considers a ground mentioned in section 136(2) 6 exists. 7 (4) The proposed action must include 1 or more of 8 the following-- 9 (a) cancellation of the licence; 10 (b) either-- 11 (i) if the licensee is a 12 corporation--disqualification of the 13 corporation from holding a licence for 14 the period the executive officer remains 15 a disqualified person; or 16 (ii) if the licensee is a person acting on 17 behalf of an unincorporated association 18 or partnership--disqualification of the 19 person from holding a licence on 20 behalf of the association or partnership 21 for the period the executive officer or 22 member remains a disqualified person; 23 (c) suspension of the corporation's, 24 association's or member's licence from the 25 day the disqualification takes effect, until 26 the day-- 27 (i) the licence is transferred to another 28 person; or 29 (ii) another person is authorised by the 30 commissioner to conduct business on 31 the licensed premises under section 32 131A; or 33 (iii) the licence is cancelled. 34 Page 85

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 107] Clause 107 Amendment of s 137A (Decision about disciplinary 1 action) 2 Section 137A-- 3 insert-- 4 (1A) The commissioner must take the proposed action 5 under subsection (1) if the disciplinary action is 6 proposed on a ground mentioned in section 7 136(2). 8 Clause 108 Amendment of s 137C (Urgent suspension) 9 (1) Section 137C-- 10 insert-- 11 (1A) This section also applies if the commissioner 12 believes that a ground mentioned in section 13 136(2) exists for taking disciplinary action in 14 relation to a licence. 15 (2) Section 137C(5)(c), `subsection (2)'-- 16 omit, insert-- 17 subsection (3) 18 (3) Section 137C(1A) to (5)-- 19 renumber as section 137C(2) to (6). 20 Clause 109 Insertion of new s 137CA 21 After section 137C-- 22 insert-- 23 137CA Immediate cancellation of particular 24 licences 25 (1) The commissioner must cancel a licensee's 26 licence immediately if-- 27 (a) the licensee is a disqualified person 28 mentioned in section 228B; or 29 Page 86

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 110] (b) the licence is held by a person on behalf of 1 an unincorporated association that is a 2 criminal organisation. 3 Note-- 4 Section 134(3) provides for the immediate cancellation 5 of a permit if the permittee becomes a disqualified 6 person. 7 (2) The commissioner must give the licensee written 8 notice of the decision to cancel the licence. 9 (3) The written notice must comply with the tribunal 10 Act, section 157. 11 (4) The cancellation takes effect on the day the 12 written notice is given to the licensee. 13 Clause 110 Insertion of new pt 5, div 3A 14 Part 5-- 15 insert-- 16 Division 3A Withdrawal of approval of 17 relevant agreements 18 entered into by licensees 19 139A Application of div 3A 20 This division applies if-- 21 (a) an approval is given by the commissioner to 22 a licensee, as mentioned in section 153(1) or 23 (3), to-- 24 (i) let or sublet all or part of the licensed 25 premises; or 26 (ii) enter into a franchise or management 27 agreement for all of the licensed 28 premises; and 29 Page 87

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 110] (b) the licensee enters into a lease, sublease or 1 franchise or management agreement (a 2 relevant agreement) under the approval. 3 139B Urgent suspension of approval 4 (1) This section applies if-- 5 (a) the lessee, sublessee, franchisee or manager 6 under the relevant agreement is-- 7 (i) a corporation; or 8 (ii) a person the commissioner knows, or 9 suspects on reasonable grounds, has 10 entered into the relevant agreement on 11 behalf of an unincorporated 12 association; or 13 (iii) a person the commissioner knows, or 14 suspects on reasonable grounds, has 15 entered into the relevant agreement on 16 behalf of a partnership; and 17 (b) an executive officer of the corporation or 18 association, or member of the partnership, is 19 a disqualified person mentioned in section 20 228B(1). 21 (2) The commissioner may, by written notice given 22 to the licensee-- 23 (a) immediately suspend the approval for the 24 relevant agreement given under section 153; 25 and 26 (b) direct the licensee to require the lessee, 27 sublessee, franchisee or manager to close 28 the licensed premises or part of the premises 29 to which the relevant agreement relates. 30 (3) The written notice must-- 31 (a) state the approval is suspended; and 32 Page 88

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 110] (b) comply with the tribunal Act, section 1 157(2); and 2 (c) state the period for which the premises must 3 be closed. 4 (4) A copy of the notice must be given to the lessee, 5 sublessee, franchisee or manager under the 6 relevant agreement. 7 (5) A suspension under subsection (2)(a) takes effect 8 when the notice is given to the licensee. 9 (6) If the commissioner gives a notice to the licensee 10 under subsection (2), the licensee must-- 11 (a) immediately require the lessee, sublessee, 12 franchisee or manager to close the licensed 13 premises or part of the premises to which 14 the relevant agreement relates; and 15 (b) notify the commissioner of the closure in the 16 approved form within 7 days after the 17 requirement is made. 18 (7) The suspension continues until the first of the 19 following happens-- 20 (a) the commissioner revokes it; 21 (b) the commissioner gives the licensee notice 22 of the commissioner's decision under 23 section 139D; 24 (c) the end of 60 days after the notice under 25 subsection (2) was given to the licensee. 26 (8) The State does not incur any liability for a 27 suspension under this section. 28 (9) The holder of a licence does not incur any 29 liability because the holder complies with a 30 direction under subsection (2)(b). 31 Page 89

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 110] 139C Show cause notice for withdrawal of approval 1 (1) This section applies if-- 2 (a) section 139B applies in relation to the 3 relevant agreement; and 4 (b) whether or not an immediate suspension of 5 the approval for the agreement has been 6 made under section 139B. 7 (2) The commissioner must give the licensee and the 8 lessee, sublessee, franchisee or manager under 9 the relevant agreement a written notice stating-- 10 (a) that the commissioner proposes to withdraw 11 the commissioner's approval of the 12 agreement; and 13 (b) the reasons for the proposed withdrawal; 14 and 15 (c) that the licensee, lessee, sublessee, 16 franchisee or manager may make 17 representations within a stated period not 18 less than 14 days after the notice is given to 19 the person, why the approval should not be 20 withdrawn. 21 139D Decision about withdrawing approval of 22 relevant agreement 23 (1) After considering any representations made by 24 the licensee, lessee, sublessee, franchisee or 25 manager, the commissioner-- 26 (a) if the commissioner is satisfied of the matter 27 mentioned in section 139B(1)--must 28 withdraw the commissioner's approval; or 29 (b) may take no further action about the show 30 cause notice. 31 (2) If the commissioner withdraws the approval 32 under subsection (1)(a), the commissioner must 33 Page 90

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 110] give the licensee written notice of the withdrawal 1 and direct the licensee to terminate the relevant 2 agreement with the lessee, sublessee, franchisee 3 or manager by stating in the notice-- 4 (a) the approval has been withdrawn under this 5 section; and 6 (b) that the licensee must terminate the 7 agreement within the time stated in the 8 notice. 9 (3) The written notice must comply with the tribunal 10 Act, section 157(2). 11 (4) A copy of the notice must be given to the lessee, 12 sublessee, franchisee or manager under the 13 relevant agreement. 14 (5) The withdrawal under subsection (1)(a) takes 15 effect when the notice is given to the licensee 16 under subsection (2). 17 139E Immediate withdrawal of approval and 18 direction to terminate relevant agreement 19 (1) This section applies if the lessee, sublessee, 20 franchisee or manager under the relevant 21 agreement is-- 22 (a) a disqualified person mentioned in section 23 228B; or 24 (b) a person who entered the relevant agreement 25 on behalf of an unincorporated associated 26 that is a criminal organisation. 27 (2) The commissioner must, by written notice given 28 to the licensee-- 29 (a) immediately withdraw the approval of the 30 agreement; and 31 Page 91

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 110] (b) direct the licensee to terminate the 1 agreement by giving written notice to the 2 licensee stating in the notice-- 3 (i) the approval has been withdrawn under 4 this section; and 5 (ii) that the licensee must terminate the 6 agreement within the time stated in the 7 notice. 8 (3) The written notice must comply with the tribunal 9 Act, section 157(2). 10 (4) A copy of the notice must be given to the lessee, 11 sublessee, franchisee or manager under the 12 relevant agreement. 13 (5) The withdrawal under subsection (1)(a) takes 14 effect when the notice is given to the licensee 15 under subsection (1). 16 139F Requirement to terminate relevant agreement 17 on withdrawal of approval 18 (1) If a direction is given to the licensee under 19 section 139D(2) or 139E, the licensee must-- 20 (a) terminate the relevant agreement within the 21 time stated in the notice; and 22 (b) notify the commissioner of the termination 23 in the approved form within 7 days after 24 terminating the agreement. 25 (2) If the licensee does not terminate the relevant 26 agreement as required under subsection (1), the 27 agreement is terminated by this Act. 28 (3) The State does not incur any liability if a relevant 29 agreement is terminated by the licensee under 30 subsection (1) or by this Act. 31 Page 92

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 111] (4) The licensee does not incur any liability because 1 the licensee terminates the relevant agreement 2 under this section. 3 Clause 111 Amendment of s 142R (Deciding application) 4 Section 142R(2), after `applicant'-- 5 insert-- 6 is not a disqualified person mentioned in section 7 228B(1) and 8 Clause 112 Insertion of new s 142ZAA 9 After section 142ZA-- 10 insert-- 11 142ZAA Immediate cancellation--identified 12 participants 13 (1) The commissioner must cancel a person's 14 approval as an approved manager immediately if 15 the person is a disqualified person mentioned in 16 section 228B(1). 17 (2) The commissioner must give the person a written 18 notice of the decision to cancel the approval. 19 (3) The written notice must comply with the tribunal 20 Act, section 157. 21 (4) The cancellation takes effect on the day the 22 written notice is given to the person. 23 Clause 113 Amendment of s 153 (Letting or subletting of licensed 24 premises) 25 Section 153-- 26 insert-- 27 (4) The commissioner must not give an approval 28 mentioned in subsection (1) or (3) unless the 29 Page 93

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 114] commissioner is satisfied the proposed lessee, 1 sublessee, franchisee or manager is not a 2 disqualified person and is a fit and proper person 3 to lease, sublease or franchise or manage the 4 licensed premises. 5 (5) For forming the satisfaction mentioned in 6 subsection (4), the commissioner may have 7 regard to the matters mentioned in section 107 to 8 which the commissioner must have regard in 9 deciding whether an applicant is not a 10 disqualified person and is a fit and proper person 11 to hold a licence. 12 Clause 114 Insertion of new s 228B 13 After section 228A-- 14 insert-- 15 228B Disqualification from holding licence, permit 16 or approval--identified participants and 17 criminal organisations 18 (1) An individual is disqualified from holding a 19 licence, permit or approval under this Act if, and 20 while, the individual is an identified participant 21 in a criminal organisation. 22 (2) A corporation is disqualified from holding a 23 licence, permit or approval under this Act if, and 24 while, the corporation is a criminal organisation. 25 Clause 115 Insertion of new pt 12, div 15 26 Part 12-- 27 insert-- 28 Page 94

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 116] Division 15 Transitional provisions for 1 Criminal Law (Criminal 2 Organisations Disruption) 3 and Other Legislation 4 Amendment Act 2013 5 318 Existing applications 6 (1) This section applies to the following applications 7 made before the commencement of this section 8 if, on the commencement, the application has not 9 been finally decided-- 10 (a) an application for a licence or permit under 11 section 105; 12 (b) an application for approval as an approved 13 manager under section 142Q. 14 (2) The application must be decided under this Act 15 as amended by the Criminal Law (Criminal 16 Organisations Disruption) and Other Legislation 17 Amendment Act 2013. 18 Division 3 Amendments subject to 19 commencement of Liquor (Red Tape 20 Reduction) and Other Legislation 21 Amendment Act 2013 22 Clause 116 Amendment of s 21 (Jurisdiction and powers of tribunal) 23 (1) Section 21(1)(cb)-- 24 omit, insert-- 25 (cb) the suspension, continued suspension or 26 cancellation of an approval for a controller 27 under section 142ZV or 142ZQA; or 28 Page 95

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 11 Amendment of Liquor Act 1992 [s 117] (2) Section 21(1)(eg)-- 1 omit. 2 Clause 117 Amendment of s 142ZK (Deciding application) 3 Section 142ZK(2), after `applicant'-- 4 insert-- 5 is not a disqualified person mentioned in section 6 228B(1) and 7 Clause 118 Insertion of new s 142ZQA 8 Part 5D, division 5-- 9 insert-- 10 142ZQA Immediate cancellation of 11 approval--identified participants 12 (1) The commissioner must cancel a person's 13 approval as a controller immediately if the person 14 is a disqualified person mentioned in section 15 228B(1). 16 (2) The commissioner must give the person a written 17 notice of the decision to cancel the approval. 18 (3) The written notice must comply with the tribunal 19 Act, section 157. 20 (4) The cancellation takes effect on the day the 21 written notice is given to the person. 22 Page 96

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 12 Amendment of Penalties and Sentences Act 1992 [s 119] Part 12 Amendment of Penalties and 1 Sentences Act 1992 2 Clause 119 Act amended 3 This part amends the Penalties and Sentences Act 1992. 4 Clause 120 Amendment of s 15A (Audiovisual link or audio link may 5 be used to sentence) 6 (1) Section 15A(1), from `the prosecutor' to `use of the link'-- 7 omit, insert-- 8 the court considers use of the link is in the interests of 9 justice 10 (2) Section 15A-- 11 insert-- 12 (1A) However, the court may not make an order under 13 subsection (1) if facilities mentioned in 14 subsection (5)(a) are not available at the court or 15 the place where the offender is present. 16 (1B) For subsection (1), in deciding whether use of an 17 audio link is in the interests of justice, the court 18 must have regard to the desirability of sentencing 19 an offender over an audiovisual link, rather than 20 an audio link, if an audiovisual link is available. 21 (3) Section 15A-- 22 insert-- 23 (2A) If an offender is sentenced over an audiovisual 24 link or audio link and the offender's 25 representative in the proceeding is at the place 26 where the court is sitting-- 27 (a) the court and the place where the offender is 28 present must make facilities available for 29 private communication between the 30 Page 97

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 12 Amendment of Penalties and Sentences Act 1992 [s 121] offender and the offender's representative; 1 and 2 (b) a communication between the offender and 3 the offender's representative is as 4 confidential and inadmissible in any 5 proceeding as it would be if it took place 6 between the offender and the offender's 7 representative while in each other's 8 presence. 9 (2B) Subsection (5)(b) does not limit any other 10 protection applying to the communication. 11 (4) Section 15A(1A) to (3)-- 12 renumber as section 15A(2) to (7). 13 Clause 121 Insertion of new pt 14, div 8 14 Part 14-- 15 insert-- 16 Division 8 Transitional provision for 17 Criminal Law (Criminal 18 Organisations Disruption) 19 and Other Legislation 20 Amendment Act 2013 21 233 Application of amended s 15A 22 Section 15A, as amended by the Criminal Law 23 (Criminal Organisations Disruption) and Other 24 Legislation Amendment Act 2013, applies to the 25 sentencing of an offender for an offence whether the 26 proceeding for the offence was started before, on or 27 after the commencement of this section. 28 Page 98

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 13 Amendment of Police Service Administration Act 1990 [s 122] Part 13 Amendment of Police Service 1 Administration Act 1990 2 Clause 122 Act amended 3 This part amends the Police Service Administration Act 1990. 4 Clause 123 Insertion of new pt 10, div 1, sdiv 1A 5 Part 10, division 1-- 6 insert-- 7 Subdivision 1A Disclosure of criminal 8 histories relating to 9 criminal organisations 10 10.2AAA Definitions for sdiv 1A 11 In this subdivision-- 12 criminal history see section 10.2G. 13 criminal organisation see the Criminal Code, 14 section 1. 15 current or former participant, in a criminal 16 organisation, means a person identified by the 17 commissioner as a person who is, or has at any 18 time been, a participant in the organisation within 19 the meaning of the Criminal Code, section 20 60A(3). 21 10.2AAB Disclosure of criminal history of current 22 or former participants of criminal 23 organisations 24 (1) The commissioner may disclose, to any entity, 25 the criminal history of a current or former 26 participant in a criminal organisation if the 27 Page 99

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 13 Amendment of Police Service Administration Act 1990 [s 124] commissioner is satisfied the disclosure is in the 1 public interest. 2 (2) The commissioner may disclose the criminal 3 history despite another Act that may otherwise 4 prevent or restrict the disclosure. 5 Examples of other Acts that may otherwise prevent or restrict 6 the disclosure-- 7 Criminal Law (Rehabilitation of Offenders) Act 1986 8 Youth Justice Act 1992, part 9 9 10.2AAC Authorisation to publish or further 10 disclose a criminal history 11 (1) This section applies if the commissioner 12 discloses a criminal history to an entity (the first 13 entity) under section 10.2AAB. 14 (2) If the commissioner is satisfied it is in the public 15 interest to do so, the commissioner may also give 16 the first entity a written authorisation to publish 17 the information to the public or otherwise 18 disclose the criminal history to another entity. 19 (3) The first entity may publish or disclose the 20 criminal history under the authorisation despite 21 any other law that would otherwise prevent or 22 restrict the publication or disclosure. 23 10.2AAD Power may not be delegated 24 Despite section 4.10, the commissioner may not 25 delegate a power of the commissioner under this 26 subdivision. 27 Clause 124 Amendment of pt 10, div 1, sdiv 2, hdg (Criminal history 28 disclosure provisions) 29 Part 10, division 1, subdivision 2, heading, `Criminal'-- 30 Page 100

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 14 Amendment of Queensland Building Services Authority Act 1991 [s 125] omit, insert-- 1 Other criminal 2 Clause 125 Amendment of s 10.2E (Relationship to other laws) 3 Section 10.2E(2), `a relevant agency under 10.2BA'-- 4 omit, insert-- 5 an entity under subdivision 1A or a relevant agency 6 under section 10.2BA 7 Clause 126 Amendment of s 10.2G (Definitions for div 1A) 8 Section 10.2G, definition criminal history, paragraph (b)(ii) 9 and (iii)-- 10 omit, insert-- 11 (ii) cautions administered to the person 12 under the Youth Justice Act 1992, part 13 2, division 2; and 14 (iii) referrals of offences to conferences 15 under the Youth Justice Act 1992. 16 Part 14 Amendment of Queensland 17 Building Services Authority Act 18 1991 19 Clause 127 Act amended 20 This part amends the Queensland Building Services Authority 21 Act 1991. 22 Clause 128 Amendment of s 31 (Entitlement to contractor's licence) 23 Section 31-- 24 Page 101

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 14 Amendment of Queensland Building Services Authority Act 1991 [s 129] insert-- 1 (2A) A person is not a fit and proper person to hold a 2 contractor's licence, or to exercise control or 3 influence over a company that holds a 4 contractor's licence, if the person is an identified 5 participant in a criminal organisation. 6 Clause 129 Amendment of s 31A (No entitlement to contractor's 7 licence if particular partners) 8 (1) Section 31A, `(whether an individual or a company)'-- 9 omit. 10 (2) Section 31A-- 11 insert-- 12 (k) an identified participant in a criminal 13 organisation. 14 Clause 130 Amendment of s 32 (Entitlement to a nominee 15 supervisor's licence) 16 Section 32-- 17 insert-- 18 (1A) A person is not a fit and proper person to hold a 19 nominee supervisor's licence if the person is an 20 identified participant in a criminal organisation. 21 Clause 131 Amendment of s 32AA (Entitlement to a site supervisor's 22 licence) 23 Section 32AA-- 24 insert-- 25 (1A) A person is not a fit and proper person to hold a 26 site supervisor's licence if the person is an 27 identified participant in a criminal organisation. 28 Page 102

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 14 Amendment of Queensland Building Services Authority Act 1991 [s 132] Clause 132 Amendment of s 32AB (Entitlement to a fire protection 1 occupational licence) 2 Section 32AB-- 3 insert-- 4 (1A) A person is not a fit and proper person to hold a 5 fire protection occupational licence if the person 6 is an identified participant in a criminal 7 organisation. 8 Clause 133 Insertion of new s 49AA 9 After section 49-- 10 insert-- 11 49AA Immediate cancellation of 12 licences--identified participant in criminal 13 organisation 14 (1) The authority must cancel a licensee's licence if 15 the authority is advised by the police 16 commissioner that any of the following persons is 17 an identified participant in a criminal 18 organisation-- 19 (a) the licensee; 20 (b) if the licensee is a company--a director, 21 secretary or influential person for the 22 company; 23 (c) a business partner of the licensee. 24 (2) Immediately after cancelling the licence, the 25 authority must give the licensee a QCAT 26 information notice for the decision to cancel the 27 licence. 28 (3) The Acts Interpretation Act 1954, section 27B, 29 does not apply to the QCAT information notice. 30 (4) The decision takes effect on the day the QCAT 31 information notice is given to the licensee. 32 Page 103

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 14 Amendment of Queensland Building Services Authority Act 1991 [s 134] (5) In this section-- 1 QCAT information notice means a notice that 2 complies with the QCAT Act, section 157. 3 Clause 134 Insertion of new s 56AA 4 Part 3, after section 56A-- 5 insert-- 6 56AA Requesting and using police 7 commissioner's advice--identified 8 participants 9 (1) If a person applies for the issue or renewal of a 10 licence, the authority must ask the police 11 commissioner whether any of the following 12 persons is an identified participant in a criminal 13 organisation-- 14 (a) the person; 15 (b) if the person is a company--a director, 16 secretary or influential person for the 17 company; 18 (c) a business partner of the person. 19 (2) The police commissioner must give the advice to 20 the authority. 21 (3) The authority may use the advice only for-- 22 (a) making a decision as to whether the person 23 is, or continues to be, a fit and proper person 24 to hold a licence under this Act; or 25 (b) cancelling the licensee's licence under 26 section 49AA. 27 (4) This section does not limit section 33(3). 28 Clause 135 Insertion of new pt 7, div 3A 29 Part 7-- 30 Page 104

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 14 Amendment of Queensland Building Services Authority Act 1991 [s 135] insert-- 1 Division 3A Review of particular 2 decisions 3 87A Confidentiality of criminal intelligence in 4 proceedings 5 (1) This section applies if-- 6 (a) a person seeks a review of any of the 7 following decisions made by the authority-- 8 (i) a refusal to issue a licence; 9 (ii) a refusal to renew a licence; 10 (iii) a cancellation of a licence; and 11 (b) the decision was made as a result of advice 12 given by the police commissioner that any 13 of the following persons is an identified 14 participant in a criminal organisation-- 15 (i) the person; 16 (ii) for a company--a director, secretary or 17 influential person for the company; 18 (iii) a business partner of the person. 19 (2) For a proceeding relating to an application for 20 review of the decision by QCAT or a proceeding 21 about the decision in the Supreme Court-- 22 (a) the police commissioner is a party to the 23 proceeding; and 24 (b) the police commissioner must give QCAT or 25 the Supreme Court a statement of reasons 26 about-- 27 (i) the identification of the person, or a 28 business partner of the person, by the 29 police commissioner as an identified 30 Page 105

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 14 Amendment of Queensland Building Services Authority Act 1991 [s 135] participant in a criminal organisation; 1 or 2 (ii) for a company--the identification of a 3 director, secretary or influential person 4 for the company by the police 5 commissioner as an identified 6 participant in a criminal organisation. 7 (3) For a proceeding mentioned in subsection (2), 8 QCAT or the Supreme Court may-- 9 (a) review the identification by the police 10 commissioner of a person mentioned in 11 subsection (2)(b)(i) or (ii) as an identified 12 participant in a criminal organisation; and 13 (b) as it considers appropriate to protect the 14 confidentiality of criminal intelligence-- 15 (i) receive evidence and hear argument 16 about the criminal intelligence in the 17 absence of parties to the proceeding 18 and their representatives; and 19 (ii) take evidence consisting of criminal 20 intelligence by way of affidavit of a 21 police officer of at least the rank of 22 superintendent. 23 (4) If QCAT or the Supreme Court considers 24 information has been incorrectly categorised by 25 the police commissioner as criminal intelligence, 26 the police commissioner may withdraw the 27 information from consideration by QCAT or the 28 court. 29 (5) Information that is withdrawn by the police 30 commissioner under subsection (4) must not 31 be-- 32 (a) disclosed to any person; or 33 (b) taken into consideration by QCAT or the 34 Supreme Court. 35 Page 106

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 14 Amendment of Queensland Building Services Authority Act 1991 [s 135] (6) In this section-- 1 criminal intelligence means-- 2 (a) advice given by the police commissioner to 3 the authority under section 56AA that a 4 person is an identified participant in a 5 criminal organisation; and 6 (b) information held by the police 7 commissioner that is relevant to whether the 8 person is an identified participant in a 9 criminal organisation. 10 87B Application of Judicial Review Act 1991 11 (1) The Judicial Review Act 1991, part 4 does not 12 apply to a decision of the authority mentioned in 13 87A(1). 14 (2) Subject to this division, unless the Supreme 15 Court decides a decision of the authority 16 mentioned in 87A(1) is affected by jurisdictional 17 error, the decision-- 18 (a) is final and conclusive; and 19 (b) can not be challenged, appealed against, 20 reviewed, quashed, set aside or called in 21 question in any other way, under the Judicial 22 Review Act 1991 or otherwise (whether by 23 the Supreme Court, or another court, a 24 tribunal or another entity); and 25 (c) is not subject to any declaratory, injunctive 26 or other order of the Supreme Court, another 27 court, a tribunal or another entity on any 28 ground. 29 (3) The Judicial Review Act 1991, part 5 applies to a 30 decision mentioned in subsection (2) to the extent 31 it is affected by jurisdictional error. 32 Page 107

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 14 Amendment of Queensland Building Services Authority Act 1991 [s 136] Clause 136 Insertion of new sch 1, pt 10 1 Schedule 1-- 2 insert-- 3 Part 10 Transitional provision 4 for Criminal Law 5 (Criminal 6 Organisations 7 Disruption) and Other 8 Legislation 9 Amendment Act 2013 10 52 Existing applications 11 (1) This section applies if, immediately before the 12 commencement, the authority had not finally 13 decided an application for the-- 14 (a) issue of a licence; or 15 (b) renewal of a licence. 16 (2) The authority must decide the application under 17 this Act as amended by the Criminal Law 18 (Criminal Organisations Disruption) and Other 19 Legislation Amendment Act 2013. 20 (3) In this section-- 21 commencement means the commencement of 22 this section. 23 Clause 137 Amendment of sch 2 (Dictionary) 24 Schedule 2-- 25 insert-- 26 business partner, of a person, means another 27 person with whom the person carries on, or 28 Page 108

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 15 Amendment of Racing Act 2002 [s 138] intends to carry on, business as mentioned in 1 section 31A. 2 criminal organisation has the meaning given 3 under the Criminal Code, section 1. 4 identified participant, in a criminal organisation, 5 means a person who is identified by the police 6 commissioner as a participant in the organisation 7 within the meaning of the Criminal Code, section 8 60A(3). 9 police commissioner means the commissioner of 10 the police service under the Police Service 11 Administration Act 1990. 12 Part 15 Amendment of Racing Act 2002 13 Clause 138 Act amended 14 This part amends the Racing Act 2002. 15 Clause 139 Amendment of s 203 (Suitability of applicants for 16 eligibility certificate) 17 Section 203(2)-- 18 insert-- 19 Note-- 20 See also section 211(2) which provides that an applicant 21 for an eligibility certificate is not a suitable person to 22 hold an eligibility certificate if the applicant, or a 23 business associate or executive associate of the 24 applicant, is an identified participant in a criminal 25 organisation. 26 Page 109

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 15 Amendment of Racing Act 2002 [s 140] Clause 140 Amendment of s 211 (Conditions for granting application 1 for eligibility certificate) 2 Section 211-- 3 insert-- 4 (2) An applicant is not a suitable person to hold an 5 eligibility certificate if-- 6 (a) the applicant is an identified participant in a 7 criminal organisation; or 8 (b) a business associate or executive associate 9 of the applicant is-- 10 (i) if the associate is an individual--an 11 identified participant in a criminal 12 organisation; or 13 (ii) if the associate is a corporation--a 14 criminal organisation; or 15 (c) the applicant is an unsuitable corporation. 16 Clause 141 Insertion of new s 212A 17 After section 212-- 18 insert-- 19 212A Information about whether persons are 20 identified participants in criminal 21 organisations 22 (1) The gaming executive must ask the police 23 commissioner if an applicant or certificate 24 holder-- 25 (a) is an identified participant in a criminal 26 organisation; or 27 (b) has a business associate or executive 28 associate who is-- 29 (i) if the associate is an individual--an 30 identified participant in a criminal 31 organisation; or 32 Page 110

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 15 Amendment of Racing Act 2002 [s 142] (ii) if the associate is a corporation--a 1 criminal organisation; or 2 (c) if the certificate holder, business associate or 3 executive associate is a corporation--is an 4 unsuitable corporation. 5 (2) The police commissioner must give the gaming 6 executive the information requested under 7 subsection (1). 8 (3) The gaming executive may use the advice given 9 by the police commissioner only for-- 10 (a) deciding an application for an eligibility 11 certificate; or 12 (b) deciding whether an eligibility certificate 13 should be cancelled. 14 Clause 142 Amendment of s 217 (Decision on application) 15 Section 217-- 16 insert-- 17 (3) The Acts Interpretation Act 1954, section 27B, 18 does not apply to the information notice to the 19 extent to which the decision is the result of 20 advice given by the police commissioner to the 21 gaming executive under section 212A. 22 Clause 143 Amendment of s 224 (Investigations into suitability of 23 certificate holder) 24 (1) Section 224(2), `However'-- 25 omit, insert-- 26 Subject to subsection (3) 27 (2) Section 224-- 28 insert-- 29 Page 111

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 15 Amendment of Racing Act 2002 [s 144] (3) The gaming executive may, at any time, ask the 1 police commissioner whether the certificate 2 holder-- 3 (a) is an identified participant in a criminal 4 organisation; or 5 (b) has a business associate or executive 6 associate who is-- 7 (i) if the associate is an individual--an 8 identified participant in a criminal 9 organisation; or 10 (ii) if the associate is a corporation--a 11 criminal organisation; or 12 (c) if the certificate holder, business associate or 13 executive associate is a corporation--is an 14 unsuitable corporation. 15 (4) The police commissioner must give the gaming 16 executive the information requested under 17 subsection (3). 18 (5) The gaming executive may use the advice given 19 by the police commissioner only for deciding 20 whether an eligibility certificate should be 21 cancelled. 22 Clause 144 Amendment of s 225 (Investigation into suitability of 23 associate of certificate holder) 24 (1) Section 225(2), `However'-- 25 omit, insert-- 26 Subject to subsection (3) 27 (2) Section 225-- 28 insert-- 29 (3) The gaming executive may, at any time, ask the 30 police commissioner whether a business 31 Page 112

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 15 Amendment of Racing Act 2002 [s 145] associate or executive associate of a certificate 1 holder-- 2 (a) is an identified participant in a criminal 3 organisation; or 4 (b) has a business associate or executive 5 associate who is-- 6 (i) if the associate is an individual--an 7 identified participant in a criminal 8 organisation; or 9 (ii) if the associate is a corporation--a 10 criminal organisation; or 11 (c) if the certificate holder, business associate or 12 executive associate is a corporation--is an 13 unsuitable corporation. 14 (4) The police commissioner must give the gaming 15 executive the information requested under 16 subsection (3). 17 (5) The gaming executive may use the advice given 18 by the police commissioner only for deciding 19 whether an eligibility certificate should be 20 cancelled. 21 Clause 145 Amendment of s 230 (Grounds for cancellation) 22 Section 230(1)-- 23 insert-- 24 (f) has a business associate or executive 25 associate who is-- 26 (i) if the associate is an individual--an 27 identified participant in a criminal 28 organisation; or 29 (ii) if the associate is a corporation--a 30 criminal organisation. 31 Page 113

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 15 Amendment of Racing Act 2002 [s 146] Clause 146 Insertion of new s 230A 1 After section 230-- 2 insert-- 3 230A Immediate cancellation of eligibility 4 certificate 5 (1) The gaming executive must cancel a certificate 6 holder's eligibility certificate if, after the 7 certificate is granted, the gaming executive is 8 advised by the police commissioner that a 9 certificate holder is-- 10 (a) an identified participant in a criminal 11 organisation; or 12 (b) an unsuitable corporation. 13 (2) Immediately after cancelling the eligibility 14 certificate, the gaming executive must give the 15 certificate holder an information notice for the 16 decision to cancel the certificate. 17 (3) The decision takes effect on the day the notice is 18 given to the certificate holder. 19 (4) The information notice must include-- 20 (a) a direction to the certificate holder to return 21 the eligibility certificate to the gaming 22 executive within 14 days after the 23 cancellation; and 24 (b) a warning to the certificate holder that it is 25 an offence to fail to comply with the 26 direction, unless the certificate holder has a 27 reasonable excuse. 28 (5) The Acts Interpretation Act 1954, section 27B, 29 does not apply to the information notice. 30 Clause 147 Amendment of s 231 (Show cause notice) 31 (1) Section 231(3) and (4)-- 32 Page 114

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 15 Amendment of Racing Act 2002 [s 148] renumber as section 231(4) and (5). 1 (2) Section 231-- 2 insert-- 3 (3) The Acts Interpretation Act 1954, section 27B, 4 does not apply to the show cause notice to the 5 extent to which the decision is the result of 6 advice given by the police commissioner to the 7 gaming executive under section 224(4). 8 Clause 148 Amendment of s 235 (Censuring certificate holder) 9 (1) Section 235(3) and (4)-- 10 renumber as section 235(4) and (5). 11 (2) Section 235-- 12 insert-- 13 (3) However, this section does not apply if the 14 ground that exists to cancel the certificate is that 15 the certificate holder is no longer a suitable 16 person because the holder has a business 17 associate or executive associate who is-- 18 (a) if the associate is an individual--an 19 identified participant in a criminal 20 organisation; or 21 (b) if the associate is a corporation--a criminal 22 organisation. 23 Clause 149 Amendment of s 236 (Cancellation of eligibility 24 certificate) 25 (1) Section 236(3) and (4)-- 26 renumber as section 236(4) and (5). 27 (2) Section 236-- 28 insert-- 29 Page 115

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 15 Amendment of Racing Act 2002 [s 150] (3) The gaming executive must cancel the eligibility 1 certificate if-- 2 (a) the certificate holder is a corporation; and 3 (b) a show cause notice was given to the 4 corporation because an executive associate 5 or a business associate of the corporation is 6 an identified participant in a criminal 7 organisation; and 8 (c) either-- 9 (i) there are no accepted representations 10 for the show cause notice; or 11 (ii) an accepted representation was made 12 for the show cause notice, and the 13 gaming executive still considers 14 cancelling the eligibility certificate is 15 necessary. 16 (6) The Acts Interpretation Act 1954, section 27B, 17 does not apply to the information notice to the 18 extent to which the decision is the result of 19 advice given by the police commissioner to the 20 gaming executive under section 224(4). 21 Clause 150 Amendment of s 237 (Return of cancelled eligibility 22 certificate) 23 Section 237(1), `section 236(4)(b)'-- 24 omit, insert-- 25 section 230A(4)(a) or 236(5)(b) 26 Clause 151 Amendment of s 238 (Automatic cancellation of all 27 licences granted to racing bookmakers) 28 Section 238(1), `section 236'-- 29 omit, insert-- 30 section 230A or 236 31 Page 116

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 15 Amendment of Racing Act 2002 [s 152] Clause 152 Amendment of s 239 (Notice to control bodies of 1 decisions) 2 Section 239(1)(b), after `section'-- 3 insert-- 4 230A or 5 Clause 153 Insertion of new ss 242A and 242B 6 Chapter 6, part 3, division 6-- 7 insert-- 8 242A Confidentiality of criminal intelligence in 9 proceedings 10 (1) This section applies if a person seeks a review 11 under this division of a decision-- 12 (a) mentioned in section 242(1); and 13 (b) made because the person is not a suitable 14 person because the person-- 15 (i) is an identified participant in a criminal 16 organisation; or 17 (ii) has a business associate or executive 18 associate who is-- 19 (A) if the associate is an 20 individual--an identified 21 participant in a criminal 22 organisation; or 23 (B) if the associate is a corporation--a 24 criminal organisation; or 25 (iii) is an unsuitable corporation. 26 (2) For a proceeding relating to an application for 27 review of the decision by QCAT or a proceeding 28 about the decision in the Supreme Court-- 29 (a) the police commissioner is a party to the 30 proceeding; and 31 Page 117

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 15 Amendment of Racing Act 2002 [s 153] (b) the police commissioner must give QCAT or 1 the Supreme Court a statement of reasons 2 about the identification of the person by the 3 police commissioner as a person mentioned 4 in subsection (1)(b). 5 (3) For a proceeding mentioned in subsection (2), 6 QCAT or the Supreme Court may-- 7 (a) review the identification by the police 8 commissioner of the person as a person 9 mentioned in subsection (1)(b); and 10 (b) as it considers appropriate to protect the 11 confidentiality of criminal intelligence-- 12 (i) receive evidence and hear argument 13 about the criminal intelligence in the 14 absence of parties to the proceeding 15 and their representatives; and 16 (ii) take evidence consisting of criminal 17 intelligence by way of affidavit of a 18 police officer of at least the rank of 19 superintendent. 20 (4) If QCAT or the Supreme Court considers 21 information has been incorrectly categorised by 22 the police commissioner as criminal intelligence, 23 the police commissioner may withdraw the 24 information from consideration by QCAT or the 25 court. 26 (5) Information that is withdrawn under subsection 27 (4) by the police commissioner must not be-- 28 (a) disclosed to any person; or 29 (b) taken into consideration by QCAT or the 30 Supreme Court. 31 (6) In this section-- 32 criminal intelligence means-- 33 Page 118

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 15 Amendment of Racing Act 2002 [s 153] (a) advice given by the police commissioner to 1 the gaming executive under section 212A or 2 225 that a person is-- 3 (i) an identified participant in a criminal 4 organisation; or 5 (ii) a criminal organisation; and 6 (b) information held by the police 7 commissioner that is relevant to whether the 8 person is a person mentioned in subsection 9 (1)(b). 10 242B Application of Judicial Review Act 1991 11 (1) The Judicial Review Act 1991, part 4 does not 12 apply to a decision of the gaming executive 13 mentioned in section 242A(1). 14 (2) Subject to this division, unless the Supreme 15 Court decides that the decision is affected by 16 jurisdictional error, the decision-- 17 (a) is final and conclusive; and 18 (b) can not be challenged, appealed against, 19 reviewed, quashed, set aside or called in 20 question in any other way, under the Judicial 21 Review Act 1991 or otherwise (whether by 22 the Supreme Court, or another court, a 23 tribunal or another entity); and 24 (c) is not subject to any declaratory, injunctive 25 or other order of the Supreme Court, another 26 court, a tribunal or another entity on any 27 ground. 28 (3) The Judicial Review Act 1991, part 5 applies to 29 the decision mentioned in subsection (2) to the 30 extent it is affected by jurisdictional error. 31 Page 119

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 15 Amendment of Racing Act 2002 [s 154] Clause 154 Amendment of s 310 (Definitions for div 1) 1 Section 310, definition confidential information-- 2 insert-- 3 (c) whether the person is an identified 4 participant in a criminal organisation or is 5 an unsuitable corporation. 6 Clause 155 Amendment of s 311 (Offence to disclose confidential 7 information or copy background document) 8 Section 311-- 9 insert-- 10 (4) Subsection (3)(a) and (d) do not apply if the 11 confidential information relates to whether the 12 person is an identified participant in a criminal 13 organisation or is an unsuitable corporation. 14 Clause 156 Insertion of new ch 10, pt 8 15 After section 462-- 16 insert-- 17 Part 8 Transitional provision 18 for Criminal Law 19 (Criminal 20 Organisations 21 Disruption) and Other 22 Legislation 23 Amendment Act 2013 24 463 Applications not finally decided 25 (1) This section applies if, immediately before the 26 commencement, the gaming executive had not 27 finally decided an application for an eligibility 28 certificate. 29 Page 120

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 15 Amendment of Racing Act 2002 [s 157] (2) The chief executive must decide the application 1 under this Act as amended by the Criminal Law 2 (Criminal Organisations Disruption) and Other 3 Legislation Amendment Act 2013. 4 (3) In this section-- 5 commencement means the commencement of 6 this section. 7 Clause 157 Amendment of sch 3 (Dictionary) 8 Schedule 3-- 9 insert-- 10 criminal organisation means-- 11 (a) for definition identified participant--a 12 criminal organisation under the Criminal 13 Code, section 1; or 14 (b) otherwise--an organisation identified by the 15 police commissioner as a criminal 16 organisation within the meaning of the 17 Criminal Code, section 1. 18 identified participant, in a criminal organisation, 19 means a person who is identified by the police 20 commissioner as a participant in the organisation 21 within the meaning of the Criminal Code, section 22 60A(3). 23 unsuitable corporation means a corporation-- 24 (a) that is a criminal organisation; or 25 (b) in which a substantial holding in the 26 corporation is held by-- 27 (i) an identified participant in a criminal 28 organisation; or 29 (ii) a criminal organisation; or 30 (c) that has a holding company that is a criminal 31 organisation. 32 Page 121

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 16 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 158] Part 16 Amendment of Second-hand 1 Dealers and Pawnbrokers Act 2 2003 3 Clause 158 Act amended 4 This part amends the Second-hand Dealers and Pawnbrokers 5 Act 2003. 6 Clause 159 Amendment of s 7 (Suitability of applicants and 7 licensees) 8 Section 7(1)-- 9 insert-- 10 (e) is an identified participant in a criminal 11 organisation. 12 Clause 160 Amendment of s 8 (Investigations about suitability of 13 applicants and licensees) 14 (1) Section 8(3) to (5)-- 15 renumber as section 8(4) to (6). 16 (2) Section 8-- 17 insert-- 18 (3) Also, the chief executive must ask the 19 commissioner of the police service whether any 20 of the persons is an identified participant in a 21 criminal organisation. 22 (3) Section 8(4), as renumbered, after `report'-- 23 insert-- 24 under subsection (2) and the advice requested under 25 subsection (3) 26 (4) Section 8-- 27 insert-- 28 Page 122

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 16 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 161] (7) The chief executive may use the advice given by 1 the commissioner of the police service under 2 subsection (4) only for deciding whether a person 3 is a suitable person to hold a licence. 4 Clause 161 Replacement of s 9 (Confidentiality of criminal history) 5 Section 9-- 6 omit, insert-- 7 9 Confidentiality of report or information 8 provided by commissioner of police service 9 (1) A public service employee must not, directly or 10 indirectly, disclose to anyone else-- 11 (a) a report, or information contained in the 12 report, given under section 8; or 13 (b) advice given under section 8 about whether 14 a person is an identified participant in a 15 criminal organisation. 16 Maximum penalty--100 penalty units. 17 (2) However, the person does not contravene 18 subsection (1) if-- 19 (a) disclosure of the report or information to 20 someone else is authorised by the chief 21 executive to the extent necessary to perform 22 a function under this Act; or 23 (b) the disclosure is otherwise required or 24 permitted by law. 25 (3) The chief executive must destroy a written report 26 about a person's criminal history as soon as 27 practicable after considering the applicant's or 28 licensee's suitability to hold a licence. 29 Page 123

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 16 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 162] Clause 162 Amendment of s 12 (Decision on application for a 1 licence) 2 Section 12-- 3 insert-- 4 (5) The Acts Interpretation Act 1954, section 27B, 5 does not apply to the QCAT information notice to 6 the extent to which the decision is the result of 7 advice given by the commissioner of the police 8 service to the chief executive under section 8(4). 9 Clause 163 Amendment of s 15 (Decision on application for renewal 10 or restoration of a licence) 11 Section 15-- 12 insert-- 13 (5) The Acts Interpretation Act 1954, section 27B, 14 does not apply to the QCAT information notice to 15 the extent to which the decision is the result of 16 advice given by the commissioner of the police 17 service to the chief executive under section 8(4). 18 Clause 164 Amendment of s 19 (Grounds for suspending, cancelling, 19 refusing to renew or restore, or imposing conditions on a 20 licence) 21 (1) Section 19(2)-- 22 renumber as section 19(3). 23 (2) Section 19-- 24 insert-- 25 (2) However, for subsection (1)(d) and section 20, it 26 is not a ground for suspending, cancelling, 27 refusing to renew or restore, or imposing a 28 condition on a licence that the licensee is an 29 identified participant in a criminal organisation. 30 Page 124

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 16 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 165] Notes-- 1 1 The chief executive must refuse to renew or restore a 2 licence on the ground that the licensee is an identified 3 participant in a criminal organisation under section 4 15. 5 2 The chief executive must immediately cancel a 6 licence if a licensee is an identified participant in a 7 criminal organisation under section 20A. 8 Clause 165 Insertion of new s 20A 9 After section 20-- 10 insert-- 11 20A Immediate cancellation and return of licence 12 (1) The chief executive must cancel a licensee's 13 licence if, after the licence is granted, the chief 14 executive is advised by the commissioner of the 15 police service that the licensee is an identified 16 participant in a criminal organisation. 17 (2) Immediately after cancelling the licence, the 18 chief executive must give the licensee a QCAT 19 information notice for the decision to cancel the 20 licence. 21 (3) The Acts Interpretation Act 1954, section 27B, 22 does not apply to the QCAT information notice. 23 (4) The decision takes effect on the day on which the 24 notice is given to the licensee. 25 (5) If a person's licence is cancelled under 26 subsection (1), the person must return the licence 27 to the chief executive within 14 days of the 28 QCAT information notice being given to the 29 licensee. 30 Maximum penalty for subsection (5)--100 31 penalty units. 32 Page 125

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 16 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 166] Clause 166 Amendment of s 21 (Return of licence) 1 Section 21(1), after `cancel'-- 2 insert-- 3 (other than under section 20A) 4 Clause 167 Insertion of new ss 107A and 107B 5 After section 107-- 6 insert-- 7 107A Confidentiality of criminal intelligence 8 (1) This section applies if-- 9 (a) a person seeks a review under this division 10 of one of the following decisions made by 11 the chief executive-- 12 (i) a decision to refuse to grant a licence; 13 (ii) a decision to refuse to grant the renewal 14 or restoration of a licence; 15 (iii) a decision to cancel a licence under 16 section 20A; and 17 (b) the decision was made as a result of advice 18 given by the commissioner of the police 19 service that the person is an identified 20 participant in a criminal organisation. 21 (2) For an application for review of the decision in 22 QCAT or a proceeding about the decision in the 23 Supreme Court-- 24 (a) the commissioner of the police service is a 25 party to the proceeding; and 26 (b) the commissioner of the police service must 27 give QCAT or the Supreme Court a 28 statement of reasons about the identification 29 of the person by the commissioner of the 30 Page 126

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 16 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 167] police service as an identified participant in 1 a criminal organisation. 2 (3) For a proceeding mentioned in subsection (2), 3 QCAT or the Supreme Court may-- 4 (a) review the identification by the 5 commissioner of the police service of the 6 person as an identified participant in a 7 criminal organisation; and 8 (b) as it considers appropriate to protect the 9 confidentiality of criminal intelligence-- 10 (i) receive evidence and hear argument 11 about the criminal intelligence in the 12 absence of parties to the proceeding 13 and their representatives; and 14 (ii) take evidence consisting of criminal 15 intelligence by way of affidavit of a 16 police officer of at least the rank of 17 superintendent. 18 (4) If QCAT or the Supreme Court considers 19 information has been incorrectly categorised by 20 the commissioner of the police service as 21 criminal intelligence, the commissioner may 22 withdraw the information from consideration by 23 QCAT or the court. 24 (5) Information that is withdrawn under subsection 25 (4) by the commissioner of the police service 26 must not be-- 27 (a) disclosed to any person; or 28 (b) taken into consideration by QCAT or the 29 Supreme Court. 30 (6) In this section-- 31 criminal intelligence means-- 32 (a) advice given by the commissioner of the 33 police service to the chief executive under 34 Page 127

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 16 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 168] section 8 that a person is an identified 1 participant in a criminal organisation; and 2 (b) information held by the commissioner of the 3 police service that is relevant to whether the 4 person is an identified participant in a 5 criminal organisation. 6 107B Application of Judicial Review Act 1991 7 (1) The Judicial Review Act 1991, part 4 does not 8 apply to a decision mentioned in section 9 107A(1). 10 (2) Subject to this division, unless the Supreme 11 Court decides that a decision of the chief 12 executive mentioned in section 107A(1) is 13 affected by jurisdictional error, the decision-- 14 (a) is final and conclusive; and 15 (b) can not be challenged, appealed against, 16 reviewed, quashed, set aside or called in 17 question in any other way, under the Judicial 18 Review Act 1991 or otherwise (whether by 19 the Supreme Court, or another court, a 20 tribunal or another entity); and 21 (c) is not subject to any declaratory, injunctive 22 or other order of the Supreme Court, another 23 court, a tribunal or another entity on any 24 ground. 25 (3) The Judicial Review Act 1991, part 5 applies to 26 the decision mentioned in subsection (2) to the 27 extent it is affected by jurisdictional error. 28 Clause 168 Insertion of new pt 9, div 4 29 After section 138-- 30 insert-- 31 Page 128

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 16 Amendment of Second-hand Dealers and Pawnbrokers Act 2003 [s 169] Division 4 Transitional provision for 1 Criminal Law (Criminal 2 Organisations Disruption) 3 and Other Legislation 4 Amendment Act 2013 5 139 Applications not finally decided 6 (1) This section applies if, immediately before the 7 commencement, the chief executive had not 8 finally decided an application for-- 9 (a) a licence; or 10 (b) a renewal of a licence; or 11 (c) a restoration of a licence. 12 (2) The chief executive must decide the application 13 under this Act as amended by the Criminal Law 14 (Criminal Organisations Disruption) and Other 15 Legislation Amendment Act 2013. 16 (3) In this section-- 17 commencement means the commencement of 18 this section. 19 Clause 169 Amendment of sch 3 (Dictionary) 20 Schedule 3-- 21 insert-- 22 criminal organisation has the meaning given 23 under the Criminal Code, section 1. 24 identified participant, in a criminal organisation, 25 means a person who is identified by the 26 commissioner of the police service as a 27 participant in the organisation within the 28 meaning of the Criminal Code, section 60A(3). 29 Page 129

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 17 Amendment of Security Providers Act 1993 [s 170] Part 17 Amendment of Security 1 Providers Act 1993 2 Clause 170 Act amended 3 This part amends the Security Providers Act 1993. 4 Clause 171 Amendment of s 11 (Entitlement to licences--individuals) 5 (1) Section 11(6)-- 6 renumber as section 11(7). 7 (2) Section 11(3), `(4) and (5)'-- 8 omit, insert-- 9 (4) to (6) 10 (3) Section 11-- 11 insert-- 12 (6) Also, a person is not an appropriate person to 13 hold a licence if the person is an identified 14 participant in a criminal organisation. 15 Clause 172 Amendment of s 12 (Inquiries about person's 16 appropriateness to hold licence) 17 (1) Section 12-- 18 insert-- 19 (1A) Without limiting subsection (1)-- 20 (a) if the chief executive receives an application 21 for the grant or renewal of a licence--the 22 chief executive must ask the Commissioner 23 whether the applicant is an identified 24 participant in a criminal organisation; and 25 (b) otherwise--for the purposes of deciding 26 whether the person continues to be an 27 appropriate person, the chief executive may 28 Page 130

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 17 Amendment of Security Providers Act 1993 [s 173] ask the Commissioner whether the person is 1 an identified participant in a criminal 2 organisation. 3 (2) Section 12(2), after `may'-- 4 insert-- 5 also 6 (3) Section 12(3), `(4)'-- 7 omit, insert-- 8 (5) 9 (4) Section 12(3), `(2)(a) or (b)'-- 10 omit, insert-- 11 (2) or (3) 12 (5) Section 12(1A) to (5)-- 13 renumber as section 12(2) to (6). 14 Clause 173 Amendment of s 12AA (Costs of criminal history report) 15 Section 12AA(1), `section 12'-- 16 omit, insert-- 17 section 12(3) 18 Clause 174 Amendment of s 12C (Use of information obtained under 19 s 12, 12A or 12B) 20 (1) Section 12C-- 21 insert-- 22 (3A) Advice that a person is an identified participant 23 in a criminal organisation may be used by the 24 chief executive only for deciding whether the 25 person is, or continues to be, an appropriate 26 person for a licence. 27 (2) Section 12C(7), `12,'-- 28 Page 131

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 17 Amendment of Security Providers Act 1993 [s 175] omit, insert-- 1 12, other than information about whether the person is 2 an identified participant in a criminal organisation, 3 (3) Section 12C(3A) to (7)-- 4 renumber as section 12C(4) to (8). 5 Clause 175 Amendment of s 13 (Entitlement to 6 licences--corporations or firms) 7 Section 13(5), `(5)'-- 8 omit, insert-- 9 (6) 10 Clause 176 Amendment of s 14 (Decision on application) 11 (1) Section 14-- 12 insert-- 13 (5A) The Acts Interpretation Act 1954, section 27B, 14 does not apply to the QCAT information notice 15 relating to a decision to refuse to grant a licence 16 to the extent to which the decision is the result of 17 advice given by the Commissioner to the chief 18 executive under section 12(2). 19 (2) Section 14(3A) to (6)-- 20 renumber as section 14(4) to (8). 21 Clause 177 Amendment of s 21 (Grounds for suspension, 22 cancellation or refusal to renew) 23 (1) Section 21-- 24 insert-- 25 (1B) Despite subsection (1)(g), the following are not 26 grounds for cancellation of a licence under 27 section 22-- 28 Page 132

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 17 Amendment of Security Providers Act 1993 [s 178] (a) the chief executive is advised by the 1 Commissioner that the licensee, or another 2 person required to be an appropriate person 3 in relation to the licence, is an identified 4 participant in a criminal organisation; 5 Note-- 6 See section 23A for cancellation of a licence in 7 the circumstances mentioned in paragraph (a). 8 (b) the licensee, or another person required to 9 be an appropriate person in relation to the 10 licence, is convicted of a disqualifying 11 offence. 12 Note-- 13 See section 24 for cancellation of a licence in the 14 circumstances mentioned in paragraph (b). 15 (2) Section 21(1A) to (4) 16 renumber as section 21(2) to (6). 17 Clause 178 Amendment of s 22 (Procedure for suspension, 18 cancellation or refusal to renew) 19 (1) Section 22-- 20 insert-- 21 (2A) Subsections (1) and (2) do not apply to a decision 22 to refuse to renew the licence because the chief 23 executive is advised by the Commissioner that 24 the licensee, or another person required to be an 25 appropriate person in relation to the licence, is an 26 identified participant in a criminal organisation. 27 (2) Section 22(3), `must inform the licensee of the decision by 28 written notice.'-- 29 omit, insert-- 30 must, by written notice, inform-- 31 Page 133

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 17 Amendment of Security Providers Act 1993 [s 179] (a) generally--a licensee of a decision to 1 cancel, suspend or refuse to renew the 2 licensee's licence; or 3 Note-- 4 See section 23A(2) and (3) for the requirement to 5 provide a QCAT information notice for a decision 6 to cancel a licence in the circumstances mentioned 7 in that section. 8 (b) for a licensee mentioned in subsection 9 (1)--the licensee of a decision not to take 10 the action. 11 (3) Section 22-- 12 insert-- 13 (4A) The Acts Interpretation Act 1954, section 27B, 14 does not apply to the QCAT information notice 15 relating to a decision to refuse to renew a licence 16 to the extent to which the decision is the result of 17 advice given by the Commissioner to the chief 18 executive under section 12(2). 19 (4) Section 22(2A) to (5)-- 20 renumber as section 22(3) to (7). 21 Clause 179 Insertion of new s 23A 22 After section 23-- 23 insert-- 24 23A Cancellation of licence--identified participant 25 in criminal organisation 26 (1) The chief executive must cancel a licensee's 27 licence if, after the licence is granted, the chief 28 executive is advised by the Commissioner that 29 the licensee is an identified participant in a 30 criminal organisation. 31 (2) Immediately after cancelling the licence, the 32 chief executive must give the licensee a QCAT 33 Page 134

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 17 Amendment of Security Providers Act 1993 [s 180] information notice for the decision to cancel the 1 licence. 2 (3) The Acts Interpretation Act 1954, section 27B, 3 does not apply to the QCAT information notice. 4 (4) The decision takes effect on the day on which the 5 notice is given to the licensee. 6 (5) If a person's licence is cancelled under 7 subsection (1), the person must return the licence 8 to the chief executive within 14 days of the 9 QCAT information notice being given to the 10 licensee. 11 Maximum penalty for subsection (4)--20 penalty 12 units. 13 Clause 180 Insertion of new ss 26A and 26B 14 Part 2, division 6-- 15 insert-- 16 26A Confidentiality of criminal intelligence in 17 proceedings 18 (1) This section applies if-- 19 (a) a person seeks a review of any of the 20 following decisions made by the chief 21 executive-- 22 (i) a refusal to grant a licence; 23 (ii) a refusal to renew a licence; 24 (iii) a cancellation of a licence; and 25 (b) the decision was made as a result of advice 26 given by the Commissioner that the person, 27 or another person required to be an 28 appropriate person in relation to the licence, 29 is an identified participant in a criminal 30 organisation. 31 Page 135

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 17 Amendment of Security Providers Act 1993 [s 180] (2) For a proceeding relating to an application for 1 review of the decision by QCAT or a proceeding 2 about the decision in the Supreme Court-- 3 (a) the Commissioner is a party to the 4 proceeding; and 5 (b) the Commissioner must give QCAT or the 6 Supreme Court a statement of reasons about 7 the identification of the person by the 8 Commissioner as an identified participant in 9 a criminal organisation. 10 (3) For a proceeding mentioned in subsection (2), 11 QCAT or the Supreme Court may-- 12 (a) review the identification by the 13 Commissioner of the person as an identified 14 participant in a criminal organisation; and 15 (b) as it considers appropriate to protect the 16 confidentiality of criminal intelligence-- 17 (i) receive evidence and hear argument 18 about the criminal intelligence in the 19 absence of parties to the proceeding 20 and their representatives; and 21 (ii) take evidence consisting of criminal 22 intelligence by way of affidavit of a 23 police officer of at least the rank of 24 superintendent. 25 (4) If QCAT or the Supreme Court considers 26 information has been incorrectly categorised by 27 the Commissioner as criminal intelligence, the 28 Commissioner may withdraw the information 29 from consideration by QCAT or the court. 30 (5) Information that is withdrawn under subsection 31 (4) by the Commissioner must not be-- 32 (a) disclosed to any person; or 33 (b) taken into consideration by QCAT or the 34 Supreme Court. 35 Page 136

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 17 Amendment of Security Providers Act 1993 [s 181] 26B Application of Judicial Review Act 1991 1 (1) The Judicial Review Act 1991, part 4 does not 2 apply to a decision of the chief executive 3 mentioned in section 26A(1). 4 (2) Subject to this division, unless the Supreme 5 Court decides a decision of the chief executive 6 mentioned in section 26A(1) is affected by 7 jurisdictional error, the decision-- 8 (a) is final and conclusive; and 9 (b) can not be challenged, appealed against, 10 reviewed, quashed, set aside or called in 11 question in any other way, under the Judicial 12 Review Act 1991 or otherwise (whether by 13 the Supreme Court, another court, a tribunal 14 or another entity); and 15 (c) is not subject to any declaratory, injunctive 16 or other order of the Supreme Court, another 17 court, a tribunal or another entity on any 18 ground. 19 (3) The Judicial Review Act 1991, part 5 applies to a 20 decision mentioned in subsection (2) to the extent 21 it is affected by jurisdictional error. 22 Clause 181 Insertion of new pt 9 23 After section 67-- 24 insert-- 25 Page 137

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 17 Amendment of Security Providers Act 1993 [s 182] Part 9 Transitional provision 1 for Criminal Law 2 (Criminal 3 Organisations 4 Disruption) and Other 5 Legislation 6 Amendment Act 2013 7 68 Applications not finally decided 8 (1) This section applies if, immediately before the 9 commencement, the chief executive had not 10 finally decided an application for a licence or the 11 renewal of a licence. 12 (2) The chief executive must decide the application 13 under this Act as amended by the Criminal Law 14 (Criminal Organisations Disruption) and Other 15 Legislation Amendment Act 2013. 16 (3) In this section-- 17 commencement means the commencement of 18 this section. 19 Clause 182 Amendment of sch 2 (Dictionary) 20 Schedule 2-- 21 insert-- 22 criminal intelligence means-- 23 (a) advice given by the Commissioner to the 24 chief executive under section 12(2) that a 25 person is an identified participant in a 26 criminal organisation; and 27 (b) information held by the Commissioner that 28 is relevant to whether the person is an 29 Page 138

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 18 Amendment of Supreme Court of Queensland Act 1991 [s 183] identified participant in a criminal 1 organisation. 2 criminal organisation has the meaning given 3 under the Criminal Code, section 1. 4 identified participant, in a criminal organisation, 5 means a person who is identified by the 6 Commissioner as a participant in the organisation 7 within the meaning of the Criminal Code, section 8 60A(3). 9 Part 18 Amendment of Supreme Court 10 of Queensland Act 1991 11 Clause 183 Act amended 12 This part amends the Supreme Court of Queensland Act 1991. 13 Clause 184 Amendment of s 80 (Use of video link facilities in 14 proceedings) 15 (1) Section 80(1)-- 16 insert-- 17 (ba) the proceeding is not a proceeding for the 18 sentencing of the detainee; and 19 Note-- 20 See the Penalties and Sentences Act 1992, section 21 15A in relation to the use of audiovisual link or 22 audio link facilities for a sentencing proceeding. 23 (2) Section 80(1)(ba) and (c)-- 24 renumber as section 80(1)(c) and (d). 25 Page 139

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 19 Amendment of Tattoo Parlours Act 2013 [s 185] Part 19 Amendment of Tattoo Parlours 1 Act 2013 2 Clause 185 Act amended 3 This part amends the Tattoo Parlours Act 2013. 4 Clause 186 Replacement of s 57 (Confidentiality of criminal 5 intelligence) 6 Section 57-- 7 omit, insert-- 8 57 Confidentiality of criminal intelligence in 9 proceedings 10 (1) This section applies if-- 11 (a) a person seeks a review of any of the 12 following decisions made by the chief 13 executive-- 14 (i) a refusal to grant a licence; 15 (ii) a suspension or cancellation of a 16 licence; and 17 (b) the decision is made on the ground of an 18 adverse security determination made by the 19 commissioner. 20 (2) For a proceeding relating to an application for 21 review of the decision by QCAT or a proceeding 22 about the decision in the Supreme Court-- 23 (a) the commissioner is a party to the 24 proceeding; and 25 (b) the commissioner must give QCAT or the 26 Supreme Court a copy of the report of the 27 adverse security determination. 28 (3) For a proceeding mentioned in subsection (2), 29 QCAT or the Supreme Court may-- 30 Page 140

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 19 Amendment of Tattoo Parlours Act 2013 [s 187] (a) review the making of the adverse security 1 determination by the commissioner; and 2 (b) as it considers appropriate to protect the 3 confidentiality of a criminal intelligence 4 report or other criminal information 5 mentioned in section 20(3)-- 6 (i) receive evidence and hear argument 7 about the information in the absence of 8 parties to the proceeding and their 9 representatives; and 10 (ii) take evidence consisting of the 11 information by way of affidavit of a 12 police officer of at least the rank of 13 superintendent. 14 (4) If QCAT or the Supreme Court considers 15 information has been incorrectly categorised by 16 the commissioner as a criminal intelligence 17 report or other criminal information mentioned in 18 section 20(3), the commissioner may withdraw 19 the information from consideration by QCAT or 20 the court. 21 (5) Information that is withdrawn by the 22 commissioner under subsection (4) must not 23 be-- 24 (a) disclosed to any person; or 25 (b) taken into consideration by QCAT or the 26 Supreme Court. 27 Clause 187 Amendment of s 58 (Application of Judicial Review Act 28 1991) 29 (1) Section 58(1), `section 56(1)'-- 30 omit, insert-- 31 section 57(1) 32 (2) Section 58(2), from `section 56' to 56(1)-- 33 Page 141

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 188] omit, insert-- 1 this part, unless the Supreme Court decides a decision 2 of the chief executive mentioned in section 57(1) 3 (3) Section 58-- 4 insert-- 5 (3) The Judicial Review Act 1991, part 5 applies to a 6 decision mentioned in subsection (2) to the extent 7 it is affected by jurisdictional error. 8 Part 20 Amendment of Tow Truck Act 9 1973 10 Clause 188 Act amended 11 This part amends the Tow Truck Act 1973. 12 Clause 189 Amendment of s 4C (Who is an appropriate person) 13 Section 4C, before subsection (1)-- 14 insert-- 15 (1AA) A person is not an appropriate person to hold or 16 continue to hold a licence or certificate under this 17 Act if-- 18 (a) the person is an identified participant in a 19 criminal organisation; or 20 (b) the person is a criminal organisation; or 21 (c) for a corporation--an executive officer of 22 the corporation is an identified participant in 23 a criminal organisation. 24 Page 142

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 190] Clause 190 Amendment of s 6 (Application for licence) 1 Section 6(2), `commissioner of the police service'-- 2 omit, insert-- 3 police commissioner 4 Clause 191 Amendment of s 9 (Renewal of licence) 5 Section 9(2), `commissioner of the police service'-- 6 omit, insert-- 7 police commissioner 8 Clause 192 Amendment of s 19H (Restricted written release of 9 information) 10 (1) Section 19H(1)(b), `commissioner of the police service'-- 11 omit, insert-- 12 police commissioner 13 (2) Section 19H(1)(b), `of the commissioner'-- 14 omit, insert-- 15 of the police commissioner 16 Clause 193 Amendment of pt 4, div 2, hdg (Cancellation and 17 suspension of authorities) 18 Part 4, division 2, heading, `and suspension'-- 19 omit, insert-- 20 , suspension, amendment and surrender 21 Clause 194 Insertion of new pt 4, div 2, sdiv 1 and sdiv 2, hdg 22 Division 2, before section 21A-- 23 insert-- 24 Page 143

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 195] Subdivision 1 Immediate cancellation 1 21AA Immediate cancellation--identified 2 participant or criminal organisation 3 (1) The chief executive must cancel an authority 4 holder's authority if, after the authority is 5 granted, the chief executive is advised by the 6 police commissioner that the authority holder 7 is-- 8 (a) an identified participant in a criminal 9 organisation; or 10 (b) a criminal organisation. 11 (2) Immediately after cancelling the authority, the 12 chief executive must give the authority holder a 13 QCAT information notice for the decision to 14 cancel the authority. 15 (3) The Acts Interpretation Act 1954, section 27B 16 does not apply to the QCAT information notice. 17 (4) The cancellation takes effect on the day the 18 QCAT information notice is given to the 19 authority holder. 20 (5) Subdivision 2 does not apply to the cancellation 21 of an authority under this section. 22 Subdivision 2 Other provisions about 23 cancellation, suspension, 24 amendment and surrender 25 Clause 195 Amendment of s 21A (Cancellation or suspension of 26 authorities) 27 Section 21A-- 28 insert-- 29 Page 144

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 196] (ca) for an authority holder that is a 1 corporation--the chief executive is advised 2 by the police commissioner that an 3 executive officer of the holder is an 4 identified participant in a criminal 5 organisation; 6 Clause 196 Amendment of s 21B (Immediate suspension of 7 authority) 8 (1) Section 21B(1), `either'-- 9 omit, insert-- 10 any 11 (2) Section 21B(1)-- 12 insert-- 13 (c) for an authority holder that is a 14 corporation-- 15 (i) the chief executive is advised by the 16 police commissioner that an executive 17 officer of the authority holder is an 18 identified participant in a criminal 19 organisation; and 20 (ii) the chief executive believes on 21 reasonable grounds that-- 22 (A) public safety has been 23 endangered, or is likely to be 24 endangered, because of the 25 executive officer's conduct in 26 relation to the authority and the 27 authority should be immediately 28 suspended; or 29 (B) it is in the public interest to 30 immediately suspend the 31 authority. 32 (3) Section 21B(3)(a), `section 21D(5)'-- 33 Page 145

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 197] omit, insert-- 1 section 21D(4) 2 (4) Section 21B(4)(c), after `decision'-- 3 insert-- 4 , unless the authority holder is a corporation and the 5 decision is made because the chief executive is 6 advised by the police commissioner that an executive 7 officer of the corporation is an identified participant in 8 a criminal organisation 9 (5) Section 21B(4)-- 10 insert-- 11 Note-- 12 See also section 27A. 13 Clause 197 Amendment of s 21D (Amending, suspending or 14 cancelling authority) 15 (1) Section 21D(7)(b), after `decision'-- 16 insert-- 17 , unless the authority holder is a corporation and the 18 decision is made because the chief executive is 19 advised by the police commissioner that an executive 20 officer of the corporation is an identified participant in 21 a criminal organisation 22 (2) Section 21D(7)-- 23 insert-- 24 Note-- 25 See also section 27A. 26 Clause 198 Insertion of new pt 4, div 2, sdiv 3, hdg 27 After section 21F-- 28 insert-- 29 Page 146

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 199] Subdivision 3 Delivery of cancelled or 1 suspended authorities 2 Clause 199 Amendment of s 21G (Delivery of cancelled or suspended 3 authority) 4 Section 21G, after `executive in the'-- 5 insert-- 6 QCAT information notice for the decision to cancel or 7 suspend the authority or the 8 Clause 200 Replacement of pt 6, hdg (Review of decisions) 9 Part 6, heading-- 10 omit, insert-- 11 Part 6 Review 12 Division 1 Review of decisions 13 Clause 201 Insertion of new s 27A 14 Part 6, division 1-- 15 insert-- 16 27A Requirement to give QCAT information notice 17 for particular decisions mentioned in sch 1 18 (1) This section applies if a decision mentioned in 19 schedule 1 is made and, in making the decision, 20 the chief executive was advised by the police 21 commissioner that-- 22 (a) the person is an identified participant in a 23 criminal organisation; or 24 (b) the person is a criminal organisation; or 25 Page 147

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 202] (c) for a corporation--an executive officer of 1 the corporation is an identified participant in 2 a criminal organisation. 3 (2) The chief executive must give a person whose 4 interests are affected by the decision a QCAT 5 information notice for the decision. 6 (3) The Acts Interpretation Act 1954, section 27B 7 does not apply to the QCAT information notice. 8 Clause 202 Amendment of s 28 (Internal review of decisions) 9 (1) Section 28(1)-- 10 omit, insert-- 11 (1) This section applies to a person whose interests 12 are affected by a decision mentioned in schedule 13 1, except if the chief executive is required under 14 section 27A to give the person a QCAT 15 information notice for the decision. 16 (1A) The person may ask the chief executive to review 17 the decision. 18 (2) Section 28(2), `original'-- 19 omit. 20 (3) Section 28(3)(b)-- 21 insert-- 22 (iii) for the person to be given a QCAT 23 information notice if the decision on 24 the review is not the decision sought by 25 the person. 26 (4) Section 28(1A) to (3)-- 27 renumber as section 28(2) to (4). 28 Clause 203 Replacement of s 29 (External review of decisions) 29 Section 29-- 30 Page 148

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 203] omit, insert-- 1 29 Review of decisions by QCAT 2 (1) This section applies to a person who has been 3 given a QCAT information notice for-- 4 (a) a decision mentioned in schedule 1; or 5 (b) a decision to immediately cancel an 6 authority under section 21AA; or 7 (c) a decision on a review under section 28 of a 8 decision mentioned in schedule 1. 9 (2) The person may apply, as provided under the 10 QCAT Act, to QCAT for a review of the decision. 11 (3) Despite the QCAT Act, section 22(3), QCAT may 12 not stay the operation of a decision made as a 13 result of advice given by the police commissioner 14 that-- 15 (a) a person is an identified participant in a 16 criminal organisation; or 17 (b) a person is a criminal organisation; or 18 (c) for a corporation--an executive officer of 19 the corporation is an identified participant in 20 a criminal organisation. 21 Division 2 Confidentiality and 22 application of Judicial 23 Review Act 1991 24 30 Confidentiality of criminal intelligence in 25 proceedings 26 (1) This section applies if-- 27 (a) a person seeks review of any of the 28 following decisions made by the chief 29 executive-- 30 Page 149

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 203] (i) a decision mentioned in schedule 1; 1 (ii) a decision to immediately cancel an 2 authority under section 21AA; and 3 (b) the decision was made as a result of advice 4 given by the police commissioner that-- 5 (i) the person is an identified participant in 6 a criminal organisation; or 7 (ii) the person is a criminal organisation; or 8 (iii) for a corporation--an executive officer 9 of the corporation is an identified 10 participant in a criminal organisation. 11 (2) For a proceeding relating to an application for 12 review of the decision in QCAT or a proceeding 13 about the decision in the Supreme Court-- 14 (a) the police commissioner is a party to the 15 proceeding; and 16 (b) the police commissioner must give QCAT or 17 the Supreme Court a statement of reasons 18 about-- 19 (i) the identification of the person by the 20 police commissioner as an identified 21 participant in a criminal organisation or 22 as a criminal organisation; or 23 (ii) for a corporation--the identification of 24 an executive officer of the corporation 25 by the police commissioner as an 26 identified participant in a criminal 27 organisation. 28 (3) For a proceeding mentioned in subsection (2), 29 QCAT or the Supreme Court may review the 30 identification by the police commissioner of-- 31 (a) the person as-- 32 (i) an identified participant in a criminal 33 organisation; or 34 Page 150

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 203] (ii) a criminal organisation; or 1 (b) for a corporation--an executive officer of 2 the corporation as an identified participant 3 in a criminal organisation. 4 (4) For a proceeding mentioned in subsection (2), 5 QCAT or the Supreme Court may, as it considers 6 appropriate to protect the confidentiality of 7 criminal intelligence-- 8 (a) receive evidence and hear argument about 9 the criminal intelligence in the absence of 10 parties to the proceeding and their 11 representatives; and 12 (b) take evidence consisting of criminal 13 intelligence by way of affidavit of a police 14 officer of at least the rank of superintendent. 15 (5) If QCAT or the Supreme Court considers 16 information has been incorrectly categorised by 17 the police commissioner as criminal intelligence, 18 the police commissioner may withdraw the 19 information from consideration by QCAT or the 20 court. 21 (6) Information that is withdrawn under subsection 22 (5) by the police commissioner must not be-- 23 (a) disclosed by any person; or 24 (b) taken into consideration by QCAT or the 25 Supreme Court. 26 (7) In this section-- 27 criminal intelligence means-- 28 (a) advice given by the police commissioner to 29 the chief executive under section 36AA that 30 a person is-- 31 (i) an identified participant in a criminal 32 organisation; or 33 (ii) a criminal organisation; and 34 Page 151

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 204] (b) information held by the police 1 commissioner that is relevant to whether-- 2 (i) the person is an identified participant in 3 a criminal organisation; or 4 (ii) the person is a criminal organisation. 5 31 Application of Judicial Review Act 1991 6 (1) The Judicial Review Act 1991, part 4 does not 7 apply to a decision of the chief executive 8 mentioned in section 30(1). 9 (2) Subject to this part, unless the Supreme Court 10 decides that a decision of the chief executive 11 mentioned in section 30(1) is affected by 12 jurisdictional error, the decision-- 13 (a) is final and conclusive; and 14 (b) can not be challenged, appealed against, 15 reviewed, quashed, set aside or called in 16 question in any other way, under the Judicial 17 Review Act 1991 or otherwise (whether by 18 the Supreme Court, or another court, a 19 tribunal or another entity); and 20 (c) is not subject to any declaratory, injunctive 21 or other order of the Supreme Court, another 22 court, a tribunal or another entity on any 23 ground. 24 (3) The Judicial Review Act 1991, part 5 applies to a 25 decision mentioned in subsection (2) to the extent 26 it is affected by jurisdictional error. 27 Clause 204 Amendment of s 36 (Chief executive may obtain 28 information from the commissioner of the police service) 29 (1) Section 36, heading, from `the commissioner'-- 30 omit, insert-- 31 Page 152

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 205] police commissioner--criminal history 1 (2) Section 36(1), `commissioner of the police service'-- 2 omit, insert-- 3 police commissioner 4 (3) Section 36(3) and (4), before `commissioner'-- 5 insert-- 6 police 7 (4) Section 36(4), before `commissioner's'-- 8 insert-- 9 police 10 Clause 205 Amendment of s 36A (Notice of change in police 11 information about a person) 12 (1) Section 36A, heading, after `person'-- 13 insert-- 14 --criminal history 15 (2) Section 36A(1)(a), `commissioner of the police service'-- 16 omit, insert-- 17 police commissioner 18 (3) Section 36A(2) and (3)(a), before `commissioner'-- 19 insert-- 20 police 21 (4) Section 36A(3), before `commissioner's'-- 22 insert-- 23 police 24 Clause 206 Insertion of new s 36AA 25 After section 36A-- 26 Page 153

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 206] insert-- 1 36AA Requesting and using police 2 commissioner's advice--identified 3 participants and criminal organisations 4 (1) If a person applies for an authority, or the renewal 5 of an authority, the chief executive must ask the 6 police commissioner whether-- 7 (a) the person is-- 8 (i) an identified participant in a criminal 9 organisation; or 10 (ii) a criminal organisation; or 11 (b) if the person is a corporation--an executive 12 officer of the person is an identified 13 participant in a criminal organisation. 14 (2) Also, the chief executive may ask the police 15 commissioner whether-- 16 (a) the holder of an authority is-- 17 (i) an identified participant in a criminal 18 organisation; or 19 (ii) a criminal organisation; or 20 (b) if the holder is a corporation--an executive 21 officer of the holder is an identified 22 participant in a criminal organisation. 23 (3) The police commissioner must comply with the 24 chief executive's request under subsection (1) or 25 (2). 26 (4) The chief executive may use the advice given by 27 the police commissioner only for making a 28 decision-- 29 (a) as to whether the person is an appropriate 30 person to hold or continue to hold an 31 authority under this Act; or 32 Page 154

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 207] (b) to cancel or suspend an authority under part 1 4, division 2. 2 (5) In this section-- 3 authority means-- 4 (a) an assistant's certificate; or 5 (b) a driver's certificate; or 6 (c) a licence. 7 Clause 207 Amendment of s 36B (Chief executive may enter into 8 arrangement about giving and receiving information with 9 commissioner of the police service) 10 (1) Section 36B, heading, `commissioner of the police service'-- 11 omit, insert-- 12 police commissioner 13 (2) Section 36B(1), `commissioner of the police service'-- 14 omit, insert-- 15 police commissioner 16 (3) Section 36B(1), `or the commissioner'-- 17 omit, insert-- 18 or the police commissioner 19 (4) Section 36B(2), before `commissioner'-- 20 insert-- 21 police 22 (5) Section 36B-- 23 insert-- 24 (5) In this section-- 25 information includes advice given by the police 26 commissioner under section 36AA. 27 Page 155

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 208] Clause 208 Insertion of new pt 8, div 1, hdg 1 Part 8, before section 44-- 2 insert-- 3 Division 1 Transitional provision for 4 1973 No. 39 5 Clause 209 Insertion of new pt 8, div 2 6 After section 44-- 7 insert-- 8 Division 2 Transitional provision for 9 Criminal Law (Criminal 10 Organisations Disruption) 11 and Other Legislation 12 Amendment Act 2013 13 45 Applications not finally decided 14 (1) This section applies if, immediately before the 15 commencement, the chief executive had not 16 finally decided an application for the grant or 17 renewal of an authority. 18 (2) The chief executive must decide the application 19 under this Act as amended by the Criminal Law 20 (Criminal Organisations Disruption) and Other 21 Legislation Amendment Act 2013. 22 (3) In this section-- 23 authority means-- 24 (a) an assistant's certificate; or 25 (b) a driver's certificate; or 26 (c) a licence. 27 commencement means the commencement of 28 this section. 29 Page 156

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 20 Amendment of Tow Truck Act 1973 [s 210] Clause 210 Amendment of sch 1, hdg (Reviewable decisions) 1 Schedule 1, heading, `section 28'-- 2 omit, insert-- 3 sections 27A, 28, 29 and 30 4 Clause 211 Amendment of sch 2 (Dictionary) 5 (1) Schedule 2-- 6 insert-- 7 criminal organisation means-- 8 (a) for the definition identified participant--a 9 criminal organisation under the Criminal 10 Code, section 1; or 11 (b) otherwise--an organisation identified by the 12 police commissioner as a criminal 13 organisation within the meaning of the 14 Criminal Code, section 1. 15 identified participant, in a criminal organisation, 16 means a person who is identified by the police 17 commissioner as a participant in the organisation 18 within the meaning of the Criminal Code, section 19 60A(3). 20 police commissioner means the commissioner of 21 the police service. 22 QCAT information notice means a notice 23 complying with the QCAT Act, section 157(2). 24 (2) Schedule 2, definition approved form, `see'-- 25 omit, insert-- 26 means a form approved under 27 Page 157

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 21 Amendment of Transport Planning and Coordination Act 1994 [s 212] Part 21 Amendment of Transport 1 Planning and Coordination Act 2 1994 3 Clause 212 Act amended 4 This part amends the Transport Planning and Coordination 5 Act 1994. 6 Clause 213 Amendment of s 3 (Definitions) 7 Section 3-- 8 insert-- 9 approved agency means an entity that is-- 10 (a) established under a law of the 11 Commonwealth or a State; and 12 (b) prescribed under a regulation as an approved 13 agency for this paragraph. 14 law enforcement purpose, in relation to the use 15 of information by a member of an approved 16 agency, means a purpose-- 17 (a) for which the agency is authorised to use the 18 information under a law of the 19 Commonwealth or a State; or 20 (b) consistent with the agency's functions under 21 a law of the Commonwealth or a State. 22 member, of an approved agency, includes a 23 person employed or engaged by the agency. 24 MoU means an agreement between the chief 25 executive and the chief executive officer of an 26 approved agency that generally describes the 27 basis on which the chief executive will give 28 information to the chief executive officer of the 29 approved agency. 30 Page 158

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 21 Amendment of Transport Planning and Coordination Act 1994 [s 214] transport information database means a register 1 or record kept or obtained under a transport Act. 2 use, in relation to information, includes the 3 following-- 4 (a) disclose; 5 (b) give; 6 (c) give access to; 7 (d) make available; 8 (e) publish; 9 (f) record. 10 Clause 214 Insertion of new ss 36I to 36M 11 Part 6-- 12 insert-- 13 36I Giving information to approved agencies to 14 enable use of information for particular 15 purposes 16 (1) The chief executive may, in accordance with an 17 MoU, give the chief executive officer of an 18 approved agency all or any information in a 19 transport information database to enable the 20 approved agency to use the information for a law 21 enforcement purpose. 22 (2) Without limiting subsection (1), the chief 23 executive may give the information to the chief 24 executive officer of the approved agency by 25 allowing an authorised member of the approved 26 agency to have direct access to the transport 27 information database. 28 (3) The chief executive may give the information to 29 the chief executive officer of an approved agency 30 under subsection (1) on the conditions the chief 31 executive considers appropriate. 32 Page 159

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 21 Amendment of Transport Planning and Coordination Act 1994 [s 214] (4) This section applies despite any other Act. 1 (5) In this section-- 2 authorised member, of an approved agency, 3 means a member, or a member of a class of 4 members, of the approved agency authorised in 5 writing by the chief executive to have direct 6 access to a transport information database. 7 36J Use of information permitted despite other 8 provisions 9 (1) This section applies if information is given, under 10 section 36I, by the chief executive to the chief 11 executive officer of an approved agency. 12 (2) Despite any other Act, the approved agency may 13 use the information for a law enforcement 14 purpose. 15 36K Misuse of particular information given 16 (1) This section applies to a member of an approved 17 agency who has information because it has been 18 given, under section 36I, by the chief executive to 19 the chief executive officer of the agency. 20 (2) The member must not use the information-- 21 (a) for a purpose other than a law enforcement 22 purpose; or 23 (b) in contravention of-- 24 (i) a condition, if any, imposed by the 25 commissioner under section 36I(3); or 26 (ii) the terms of the MoU about the 27 information. 28 Maximum penalty for subsection (2)--100 penalty 29 units. 30 Page 160

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 21 Amendment of Transport Planning and Coordination Act 1994 [s 214] 36L Extra-territorial application of offence 1 provision 2 A person commits an offence against section 36K(2) 3 if-- 4 (a) the person is a member of an approved 5 agency who, outside the State, uses 6 information given, under section 36I, by the 7 chief executive to the chief executive officer 8 of the agency; and 9 (b) the use of the information would constitute 10 an offence against section 36K(2) if it were 11 used by the person within the State. 12 36M Protection from liability 13 (1) This section applies if a person, acting honestly 14 and without negligence, gives information under 15 section 36I. 16 (2) The person is not liable, civilly, criminally or 17 under an administrative process, for giving the 18 information. 19 (3) If subsection (2) prevents a civil liability 20 attaching to a person, the liability attaches 21 instead to the State. 22 (4) Also, merely because the person gives the 23 information, the person can not be held to have-- 24 (a) breached any code of professional etiquette 25 or ethics; or 26 (b) departed from accepted standards of 27 professional conduct. 28 (5) Without limiting subsections (2) and (4)-- 29 (a) in a proceeding for defamation, the person 30 has a defence of absolute privilege for 31 publishing the information; and 32 Page 161

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 22 Amendment of Transport Planning and Coordination Regulation 2005 [s 215] (b) if the person would otherwise be required to 1 maintain confidentiality about the 2 information under an Act, oath or rule of 3 law or practice, the person-- 4 (i) does not contravene the Act, oath or 5 rule of law or practice by giving the 6 information; and 7 (ii) is not liable to disciplinary action for 8 giving the information. 9 Part 22 Amendment of Transport 10 Planning and Coordination 11 Regulation 2005 12 Clause 215 Regulation amended 13 This part amends the Transport Planning and Coordination 14 Regulation 2005. 15 Clause 216 Insertion of new pt 5 16 After section 9-- 17 insert-- 18 Part 5 Prescribed approved 19 agencies 20 10 Approved agency--Act, s 3 21 (1) For the Act, section 3, definition approved 22 agency, paragraph (b), ASIO is an approved 23 agency. 24 (2) In this section-- 25 Page 162

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 23 Amendment of Weapons Act 1990 [s 217] ASIO means the Australian Security Intelligence 1 Organisation established under the Australian 2 Security Intelligence Organisation Act 1979 3 (Cwlth). 4 Part 23 Amendment of Weapons Act 5 1990 6 Clause 217 Act amended 7 This part amends the Weapons Act 1990. 8 Clause 218 Amendment of s 10 (Limitations on issue of licence) 9 (1) Section 10(3), `unincorporated--'-- 10 omit, insert-- 11 unincorporated, only if-- 12 (2) Section 10(3)(a), `, only if it is endorsed with'-- 13 omit. 14 (3) Section 10(3)(a)(i), `the name'-- 15 omit, insert-- 16 it is endorsed with the name 17 (4) Section 10(3)(a)(ii), `the names'-- 18 omit, insert-- 19 it is endorsed with the names 20 (5) Section 10(3)(a)(ii), `club; or'-- 21 omit, insert-- 22 club; and 23 (6) Section 10(3)(a)-- 24 Page 163

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 23 Amendment of Weapons Act 1990 [s 219] insert-- 1 (iii) the body is not a criminal organisation; and 2 (iv) each executive officer or other influential 3 person for the body is not an identified 4 participant in a criminal organisation; or 5 (7) Section 10(3)(b)-- 6 insert-- 7 (iii) the body is not a criminal organisation; and 8 (iv) each executive officer or other influential 9 person for the body is not an identified 10 participant in a criminal organisation. 11 Clause 219 Amendment of s 10B (Fit and proper person--licensees) 12 Section 10B-- 13 insert-- 14 (2A) Also, for the issue, renewal or revocation of a 15 licence, a person is not a fit and proper person to 16 hold a licence if the person is an identified 17 participant in a criminal organisation. 18 Clause 220 Amendment of s 10C (Fit and proper person--licensed 19 dealer's associate) 20 Section 10C-- 21 insert-- 22 (2A) Also, a person is not a fit and proper person to be 23 an associate of a licensed dealer if the person is 24 an identified participant in a criminal 25 organisation. 26 Clause 221 Amendment of s 14 (Inquiries into application) 27 (1) Section 14-- 28 Page 164

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 23 Amendment of Weapons Act 1990 [s 222] insert-- 1 (1A) Without limiting subsection (1), before deciding 2 the application, an authorised officer must ask the 3 commissioner whether-- 4 (a) for an individual--the applicant or an 5 associate of the applicant is an identified 6 participant in a criminal organisation; or 7 (b) if the applicant is a body-- 8 (i) the body is a criminal organisation; or 9 (ii) an executive officer or other influential 10 person for the body is an identified 11 participant in a criminal organisation. 12 (2) Section 14-- 13 insert-- 14 (3A) If the authorised officer makes a request under 15 subsection (1A), the commissioner must comply 16 with the request. 17 (3) Section 14(9), `section may'-- 18 omit, insert-- 19 section, other than advice given by the commissioner 20 to the authorised officer under subsection (3A), may 21 (4) Section 14-- 22 insert-- 23 (9A) The authorised officer may use advice given by 24 the commissioner under subsection (3A) only for 25 deciding the application. 26 Clause 222 Amendment of s 18 (Renewal of licences) 27 (1) Section 18-- 28 insert-- 29 Page 165

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 23 Amendment of Weapons Act 1990 [s 223] (4A) Before deciding the application, the authorised 1 officer must ask the commissioner whether-- 2 (a) for an individual--the applicant or an 3 associate of the applicant is an identified 4 participant in a criminal organisation; or 5 (b) if the applicant is a body-- 6 (i) the body is a criminal organisation; or 7 (ii) an executive officer or other influential 8 person for the body is an identified 9 participant in a criminal organisation. 10 (4B) If the authorised officer makes a request under 11 subsection (4A), the commissioner must comply 12 with the request. 13 (4C) The authorised officer may use advice given by 14 the commissioner under subsection (4B) only for 15 deciding the application. 16 Clause 223 Amendment of s 19 (Notice of rejection of application to 17 issue or renew licence) 18 Section 19(2), `available,'-- 19 omit, insert-- 20 available (other than advice given by the 21 commissioner to the authorised officer under section 22 14(3A) or 18(4B)), 23 Clause 224 Amendment of s 30 (Suspension or revocation notice) 24 (1) Section 30(1A), `available,'-- 25 omit, insert-- 26 available (other than advice given by the 27 commissioner to an authorised officer under section 28 18(4B) or subsection (1C)), 29 (2) Section 30-- 30 Page 166

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 23 Amendment of Weapons Act 1990 [s 225] insert-- 1 (1B) For the purposes of deciding whether to revoke a 2 licence, the authorised officer must ask the 3 commissioner whether-- 4 (a) a licensee is-- 5 (i) an identified participant in a criminal 6 organisation; or 7 (ii) a criminal organisation; or 8 (b) an associate of the licensee is an identified 9 participant in a criminal organisation; or 10 (c) an executive officer or other influential 11 person for the licensee is an identified 12 participant in a criminal organisation. 13 (1C) If the authorised officer makes a request under 14 subsection (1B), the commissioner must comply 15 with the request. 16 (1D) The authorised officer may use advice given by 17 the commissioner under subsection (1C) only for 18 deciding whether to revoke the licensee's licence. 19 Clause 225 Amendment of s 142 (Right to apply for review of 20 decisions) 21 Section 142(1), after paragraph (a)-- 22 insert-- 23 (aa) a decision refusing to renew a licence under 24 this Act; 25 Clause 226 Amendment of s 142AA (Notices must be QCAT 26 information notices) 27 Section 142AA-- 28 insert-- 29 Page 167

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 23 Amendment of Weapons Act 1990 [s 227] (3) The Acts Interpretation Act 1954, section 27B, 1 does not apply to the QCAT information notice to 2 the extent to which the decision is the result of 3 advice given by the commissioner to an 4 authorised officer under section 14(3A), 18(4B) 5 or 30(1C). 6 Clause 227 Insertion of new ss 143 and 144 7 After section 142A-- 8 insert-- 9 143 Additional confidentiality requirements for 10 particular criminal intelligence in proceedings 11 (1) This section applies if-- 12 (a) a person seeks a review of any of the 13 following decisions made by an authorised 14 officer-- 15 (i) a refusal to issue a licence; 16 (ii) a refusal to renew a licence; 17 (iii) a revocation of a licence; and 18 (b) in making the decision the authorised officer 19 was advised by the commissioner -- 20 (i) for an individual--the person or an 21 associate of the person is an identified 22 participant in a criminal organisation; 23 or 24 (ii) for a body-- 25 (A) the body is a criminal 26 organisation; or 27 (B) an executive officer or other 28 influential person for the body is 29 an identified participant in a 30 criminal organisation. 31 Page 168

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 23 Amendment of Weapons Act 1990 [s 227] (2) For a proceeding relating to an application for 1 review of the decision by QCAT or a proceeding 2 about the decision in the Supreme Court-- 3 (a) the commissioner is a party to the 4 proceeding; and 5 (b) the commissioner must give QCAT or the 6 Supreme Court a statement of reasons about 7 the identification by the commissioner of-- 8 (i) for an individual--the person or an 9 associate of the person as an identified 10 participant in a criminal organisation; 11 or 12 (ii) for a body-- 13 (A) the body as a criminal 14 organisation; or 15 (B) an executive officer or other 16 influential person for the body as 17 an identified participant in a 18 criminal organisation. 19 (3) For a proceeding mentioned in subsection (2), 20 QCAT or the Supreme Court may-- 21 (a) review the identification by the 22 commissioner of-- 23 (i) for an individual--the person or an 24 associate of the person as an identified 25 participant in a criminal organisation; 26 or 27 (ii) for a body-- 28 (A) the body as a criminal 29 organisation; or 30 (B) an executive officer or other 31 influential person for the body as 32 an identified participant in a 33 criminal organisation; and 34 Page 169

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 23 Amendment of Weapons Act 1990 [s 227] (b) as it considers appropriate to protect the 1 confidentiality of criminal intelligence-- 2 (i) receive evidence and hear argument 3 about the criminal intelligence in the 4 absence of parties to the proceeding 5 and their representatives; and 6 (ii) take evidence consisting of criminal 7 intelligence by way of affidavit of a 8 police officer of at least the rank of 9 superintendent. 10 (4) If QCAT or the Supreme Court considers 11 information has been incorrectly categorised by 12 the commissioner as criminal intelligence, the 13 commissioner may withdraw the information 14 from consideration by QCAT or the court. 15 (5) Information that is withdrawn by the 16 commissioner under subsection (4) must not 17 be-- 18 (a) disclosed to any person; or 19 (b) taken into consideration by QCAT or the 20 Supreme Court. 21 (6) In this section-- 22 criminal intelligence means-- 23 (a) advice given by the commissioner to the 24 authorised officer under section 14(3A), 25 18(4B) or 30(1C) that a person is-- 26 (i) an identified participant in a criminal 27 organisation; or 28 (ii) a criminal organisation; and 29 (b) information held by the commissioner that 30 is relevant to whether the person is-- 31 (i) an identified participant in a criminal 32 organisation; or 33 Page 170

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 23 Amendment of Weapons Act 1990 [s 228] (ii) a criminal organisation. 1 144 Application of Judicial Review Act 1991 2 (1) The Judicial Review Act 1991, part 4 does not 3 apply to a decision of an authorised officer 4 mentioned in section 143(1). 5 (2) Subject to section 143, unless the Supreme Court 6 decides that a decision of the authorised officer 7 mentioned in 143(1) is affected by jurisdictional 8 error, the decision-- 9 (a) is final and conclusive; and 10 (b) cannot be challenged, appealed against, 11 reviewed, quashed, set aside or called in 12 question in any other way, under the Judicial 13 Review Act 1991 or otherwise (whether by 14 the Supreme Court, or another court, a 15 tribunal or another entity); and 16 (c) is not subject to any declaratory, injunctive 17 or other order of the Supreme Court, another 18 court, a tribunal or another entity on any 19 ground. 20 (3) The Judicial Review Act 1991, part 5 applies to a 21 decision mentioned in subsection (2) to the extent 22 it is affected by jurisdictional error. 23 Clause 228 Amendment of s 145 (Applicant may carry on business 24 pending review) 25 Section 145-- 26 insert-- 27 (2) However, subsection (1) does not apply if the 28 decision to refuse to renew, or to revoke, the 29 licence was made because the commissioner 30 advised an authorised officer, under section 31 14(3A), 18(4B) or 30(1C), that any of the 32 Page 171

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 23 Amendment of Weapons Act 1990 [s 229] following persons is an identified participant in a 1 criminal organisation or is a criminal 2 organisation-- 3 (a) the licensee; 4 (b) an associate of the licensee; 5 (c) an executive officer or other influential 6 person for the licensee. 7 Clause 229 Insertion of new pt 8, div 5 8 Part 8-- 9 insert-- 10 Division 5 Transitional provision for 11 Criminal Law (Criminal 12 Organisations Disruption) 13 and Other Legislation 14 Amendment Act 2013 15 191 Existing applications 16 (1) This section applies if, immediately before the 17 commencement, an authorised officer had not 18 finally decided an application for the-- 19 (a) issue of a licence; or 20 (b) renewal of a licence. 21 (2) The authorised officer must decide the 22 application under this Act as amended by the 23 Criminal Law (Criminal Organisations 24 Disruption) and Other Legislation Amendment 25 Act 2013. 26 (3) In this section-- 27 commencement means the commencement of 28 this section. 29 Page 172

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 24 Amendment of Work Health and Safety Act 2011 [s 230] Clause 230 Amendment of sch 2 (Dictionary) 1 (1) Schedule 2, definition criminal intelligence, `activity.'-- 2 omit, insert-- 3 activity, other than advice given by the commissioner 4 to an authorised officer under section 14(3A), 18(4B) 5 or 30(1C) that a person is-- 6 (a) an identified participant in a criminal 7 organisation; or 8 (b) a criminal organisation. 9 (2) Schedule 2-- 10 insert-- 11 criminal organisation means-- 12 (a) for the definition identified participant--a 13 criminal organisation under the Criminal 14 Code, section 1; or 15 (b) otherwise--an organisation identified by the 16 commissioner as a criminal organisation 17 within the meaning of the Criminal Code, 18 section 1. 19 identified participant, in a criminal organisation, 20 means a person who is identified by the 21 commissioner as a participant in the organisation 22 within the meaning of the Criminal Code, section 23 60A(3). 24 Part 24 Amendment of Work Health and 25 Safety Act 2011 26 Clause 231 Act amended 27 This part amends the Work Health and Safety Act 2011. 28 Page 173

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 24 Amendment of Work Health and Safety Act 2011 [s 232] Clause 232 Amendment of s 271 (Confidentiality of information) 1 (1) Section 271(3), after `or a document'-- 2 insert-- 3 , other than criminal intelligence, or a document that 4 includes criminal intelligence 5 (2) Section 271-- 6 insert-- 7 (4A) A regulation may provide for the circumstances 8 in which criminal intelligence may be used or 9 disclosed or access may be given to a document 10 containing criminal intelligence. 11 (4B) In this section-- 12 criminal intelligence means information 13 prescribed under a regulation as criminal 14 intelligence. 15 Clause 233 Amendment of sch 3 (Regulation-making powers) 16 (1) Schedule 3, section 7(1)(a), from `authorisations, 17 including'-- 18 omit, insert-- 19 authorisations, including-- 20 (i) the minimum age to be eligible for an 21 authorisation; and 22 (ii) the circumstances in which persons are 23 not eligible for authorisations, for 24 example, because of character or 25 reputation; and 26 (iii) matters relating to conducting 27 investigations and otherwise obtaining 28 information about persons for the 29 purposes of subparagraph (ii); and 30 (2) Schedule 3, section 14-- 31 Page 174

 


 

Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Bill 2013 Part 24 Amendment of Work Health and Safety Act 2011 [s 233] insert-- 1 (d) providing for restrictions or limitations on 2 the review of particular decisions; and 3 (e) prescribing procedures of a court, the 4 commission or QCAT for review of the 5 decisions under a regulation. 6 State of Queensland 2013 Authorised by the Parliamentary Counsel Page 175

 


[Index] [Search] [Download] [Related Items] [Help]