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