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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Criminal Organisation
Amendment Bill 2011
Queensland
Criminal Organisation Amendment Bill
2011
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Criminal Organisation Act 2009
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 59 (What is criminal intelligence) . . . . . . . . . . . 4
4 Insertion of new s 59A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
59A Other definitions for pt 6 . . . . . . . . . . . . . . . . . . . . . . . 4
5 Replacement of ss 63 and 64. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
63 Applying for declaration . . . . . . . . . . . . . . . . . . . . . . . 6
64 Additional affidavit if informant relied on. . . . . . . . . . . 7
6 Amendment of s 65 (Registrar to secure information) . . . . . . . . . 10
7 Replacement of s 71 (Oral evidence by police officers) . . . . . . . . 10
71 Oral evidence by police officers and officers of
external agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Amendment of s 72 (Deciding application). . . . . . . . . . . . . . . . . . 11
9 Replacement of s 76 (Additional affidavit if informant relied on) . 11
76 Additional matters if informant relied on . . . . . . . . . . . 11
10 Amendment of s 77 (Registrar to secure intelligence) . . . . . . . . . 12
11 Amendment of s 78 (Special closed hearing for consideration of
intelligence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Replacement of s 80 (Oral evidence by police officers) . . . . . . . . 12
80 Oral evidence by police officers and officers of
external agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Amendment of s 82 (Unlawful disclosure of criminal intelligence
or information in informant affidavit) . . . . . . . . . . . . . . . . . . . . . . . 13
14 Amendment of s 88 (Material to be given to COPIM). . . . . . . . . . 13
15 Amendment of s 122 (Criminal organisations register) . . . . . . . . 13
Criminal Organisation Amendment Bill 2011
Contents
16 Insertion of new s 136A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
136A Definition informant not to include ASIO officers . . . . 14
17 Insertion of new s 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
142 Regulation made by the Criminal Organisation
Amendment Act 2011. . . . . . . . . . . . . . . . . . . . . . . . . 14
18 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 3 Amendment of Crime and Misconduct Act 2001
19 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
20 Amendment of s 213 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Part 4 Amendment of Criminal Code
21 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
22 Amendment of s 86 (Obtaining of or disclosure of secret
information about the identity of informant) . . . . . . . . . . . . . . . . . 17
Part 5 Other matters
23 Making of Criminal Organisation Regulation 2011 . . . . . . . . . . . . 17
24 Automatic repeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Schedule Criminal Organisation Regulation 2011 . . . . . . . . . . . . . . . . . 19
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
2 External agencies--Act, s 59A. . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Page 2
2011
A Bill
for
An Act to amend the Criminal Organisation Act 2009, the Crime
and Misconduct Act 2001 and the Criminal Code for particular
purposes and to make a regulation under the Criminal
Organisation Act 2009
Criminal Organisation Amendment Bill 2011
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 Organisation 4
Amendment Act 2011. 5
Part 2 Amendment of Criminal 6
Organisation Act 2009 7
Clause 2 Act amended 8
This part amends the Criminal Organisation Act 2009. 9
Clause 3 Amendment of s 59 (What is criminal intelligence) 10
Section 59-- 11
insert-- 12
`(2) Criminal intelligence may be information that the 13
commissioner has obtained through the police service or from 14
an external agency.'. 15
Clause 4 Insertion of new s 59A 16
After section 59-- 17
insert-- 18
`59A Other definitions for pt 6 19
`In this part-- 20
Page 4
Criminal Organisation Amendment Bill 2011
Part 2 Amendment of Criminal Organisation Act 2009
[s 4]
criminal intelligence application means an application 1
mentioned in section 63(1). 2
external agency means any of the following-- 3
(a) the Crime and Misconduct Commission; 4
(b) the Australian Federal Police; 5
(c) a police force or service of another State; 6
(d) the chief executive (corrective services); 7
(e) an officer of another State with powers and functions 8
substantially corresponding to the powers and functions 9
of the chief executive (corrective services) under the 10
Corrective Services Act 2006; 11
(f) another entity-- 12
(i) established under a law of another jurisdiction, 13
including a jurisdiction outside Australia; and 14
(ii) with functions that include investigating or 15
inquiring into criminal conduct, misconduct or 16
corruption (whether or not the functions are stated 17
in the law mentioned in subparagraph (i)); and 18
(iii) declared by regulation to be an external agency for 19
this Act. 20
identifying information, about an informant, means any of 21
the following information-- 22
(a) name, including any aliases; 23
(b) date of birth; 24
(c) current location; 25
(d) where the informant resides; 26
(e) a position held by the informant in an organisation. 27
officer, of an external agency, includes a person employed by 28
the agency, seconded to the agency or engaged by the agency 29
under a contract for services. 30
Page 5
Criminal Organisation Amendment Bill 2011
Part 2 Amendment of Criminal Organisation Act 2009
[s 5]
relevant agency, in relation to information that is declared 1
criminal intelligence or that is the subject of a criminal 2
intelligence application, means-- 3
(a) if the commissioner obtained the information from an 4
external agency--that agency; or 5
(b) otherwise--the police service.'. 6
Clause 5 Replacement of ss 63 and 64 7
Sections 63 and 64-- 8
omit, insert-- 9
`63 Applying for declaration 10
`(1) The commissioner may apply to the court for a declaration 11
that particular information is criminal intelligence (declared 12
criminal intelligence). 13
`(2) However, the commissioner may make the application only if 14
the commissioner reasonably believes the information is 15
criminal intelligence. 16
`(3) The application must-- 17
(a) identify the information; and 18
(b) state the relevant agency for the information; and 19
(c) state-- 20
(i) that the commissioner seeks a declaration that the 21
information is criminal intelligence; and 22
(ii) the grounds on which the declaration is sought; and 23
(d) include an explanation of-- 24
(i) the relevant agency's intelligence assessment 25
system; and 26
(ii) the assessment of the information that was made 27
under the system. 28
`(4) An affidavit to be relied on by the commissioner at the hearing 29
must be filed with the application. 30
Page 6
Criminal Organisation Amendment Bill 2011
Part 2 Amendment of Criminal Organisation Act 2009
[s 5]
`(5) If any of the information has been provided by an informant, 1
the application and affidavits and other material filed with the 2
application need not include any identifying information 3
about the informant and identifying information about the 4
informant can not otherwise be required to be given to the 5
court. 6
`(6) The commissioner must give copies of the application and any 7
supporting material to the COPIM under arrangements 8
decided by the COPIM. 9
Note-- 10
Under section 88(2), this requirement does not apply to particular 11
material about informants. 12
`(7) In this section-- 13
intelligence assessment system means a system for assessing 14
information relating to actual or suspected criminal activity 15
according to-- 16
(a) the reliability of the source of the information; and 17
(b) the validity of the information. 18
`64 Additional affidavit if informant relied on 19
`(1) This section applies if the information mentioned in section 20
63(1) (the relevant intelligence) was provided to the relevant 21
agency by an informant. 22
`(2) The informant can not be called or otherwise required to give 23
evidence. 24
`(3) The commissioner must, at any time before the hearing of the 25
application, file an affidavit by an officer of the relevant 26
agency. 27
`(4) The affidavit must-- 28
(a) state-- 29
(i) the relevant agency; and 30
(ii) the officer's position at the relevant agency; and 31
Page 7
Criminal Organisation Amendment Bill 2011
Part 2 Amendment of Criminal Organisation Act 2009
[s 5]
(b) state that the officer reasonably believes, and has made 1
all reasonable efforts to ensure, the officer has full 2
knowledge of-- 3
(i) the information held by the relevant agency about 4
the informant; and 5
(ii) the intelligence held by the relevant agency that 6
was provided by the informant; and 7
(c) state that the officer reasonably believes the relevant 8
agency has made all reasonable enquiries about the 9
existence, and to obtain the details, of any allegations of 10
professional misconduct against the informant; and 11
(d) contain the following information about the informant-- 12
(i) the informant's full criminal history, including 13
pending charges; 14
(ii) any information held by the relevant agency about 15
allegations of professional misconduct against the 16
informant; 17
(iii) any inducements or rewards offered or provided to 18
the informant in return for assistance; 19
(iv) whether the informant was an adult or a child when 20
the informant provided the relevant intelligence to 21
the relevant agency; 22
(v) whether the informant was serving a term of 23
imprisonment or otherwise being held in custody 24
when the informant provided the relevant 25
intelligence to the relevant agency; and 26
(e) state-- 27
(i) that the officer holds an honest and reasonable 28
belief that the relevant intelligence is reliable; and 29
(ii) the reasons for that belief. 30
`(5) For subsection (4)(d)(i), it is sufficient description of a 31
conviction or charge in the informant's criminal history to 32
state that the conviction or charge related to property, violence 33
or another stated matter, and if it involved dishonesty, without 34
Page 8
Criminal Organisation Amendment Bill 2011
Part 2 Amendment of Criminal Organisation Act 2009
[s 5]
providing further particulars of the offence to which the 1
conviction or charge relates. 2
`(6) For subsection (4)(d)(ii), it is sufficient to state whether or not 3
there have been any allegations of professional misconduct 4
against the informant and if any misconduct or alleged 5
misconduct involved dishonesty. 6
`(7) For subsection (4)(d)(i) and (ii), the description in the affidavit 7
of a conviction or charge in the informant's criminal history or 8
an allegation of professional misconduct against the 9
informant-- 10
(a) need not state the date of the conviction or charge or 11
date on which the offence was committed or is alleged 12
to have been committed or date on which the 13
misconduct happened or is alleged to have happened; 14
but 15
(b) if it does not state a date as mentioned in paragraph (a), 16
must state the time of the conviction, charge, offence, 17
alleged offence, misconduct or alleged misconduct as 18
being in a stated period of not more than 7 years. 19
Examples for subsections (5) to (7)-- 20
1 An affidavit may describe an informant's criminal history as-- 21
· `for the period 2000 to 2006--2 property offences involving 22
dishonesty and 1 offence of a sexual nature; and 23
· for the period 2007 to 2011--1 offence involving violence.' 24
2 An affidavit may state that the information held by the relevant 25
agency is that there has been 1 allegation of professional 26
misconduct made against the informant and that the alleged 27
misconduct was during the period 2000 to 2006. 28
`(8) Other than information about the informant's criminal history 29
or an allegation of professional misconduct against the 30
informant given in the affidavit under subsections (4) to (7), 31
information about the informant's criminal history or an 32
allegation of professional misconduct against the informant 33
can not be required to be given to the court. 34
`(9) Subsection (8) does not prevent further information being 35
given to the court other than under a requirement. 36
Page 9
Criminal Organisation Amendment Bill 2011
Part 2 Amendment of Criminal Organisation Act 2009
[s 6]
`(10) Also, the requirement under subsection (4)(d)(i) to state the 1
informant's full criminal history applies only to the extent of 2
the information held by the relevant agency if-- 3
(a) the agency is an external agency; and 4
(b) the affidavit states that the officer believes-- 5
(i) the agency might not hold all the information 6
comprising the informant's criminal history; and 7
(ii) an officer of the agency-- 8
(A) could not lawfully obtain further information 9
about the informant's criminal history; or 10
(B) could not obtain further information about 11
the informant's criminal history without 12
disclosing the identity of the informant.'. 13
Clause 6 Amendment of s 65 (Registrar to secure information) 14
Section 65(4)-- 15
omit, insert-- 16
`(4) However, the COPIM can not inspect any part of the 17
documents to the extent they disclose any identifying 18
information about an informant.'. 19
Clause 7 Replacement of s 71 (Oral evidence by police officers) 20
Section 71-- 21
omit, insert-- 22
`71 Oral evidence by police officers and officers of 23
external agencies 24
`(1) With the court's leave, a police officer who is not an informant 25
or an officer of an external agency who is not an informant 26
may be called at the hearing to give evidence and be 27
cross-examined by the court or the COPIM. 28
Page 10
Criminal Organisation Amendment Bill 2011
Part 2 Amendment of Criminal Organisation Act 2009
[s 8]
`(2) However, no question may be asked of the officer that could 1
lead to the disclosure of any identifying information about an 2
informant.'. 3
Clause 8 Amendment of s 72 (Deciding application) 4
(1) Section 72(3) and (4)-- 5
renumber as section 72(6) and (7). 6
(2) Section 72-- 7
insert-- 8
`(3) Subsection (2) does not limit the matters that the court may 9
consider in exercising its discretion. 10
Example-- 11
The court may take into consideration that, under section 64(10), the 12
information about an informant's criminal history contained in an 13
affidavit filed in the court may be incomplete. 14
`(4) If the information was provided to the relevant agency by an 15
informant, the court may not declare that the information is 16
criminal intelligence unless some or all of the information is 17
supported in a material particular by other information before 18
the court. 19
`(5) The supporting information mentioned in subsection (4) may 20
be other information before the court that is declared criminal 21
intelligence or that is the subject of a criminal intelligence 22
application.'. 23
Clause 9 Replacement of s 76 (Additional affidavit if informant 24
relied on) 25
Section 76-- 26
omit, insert-- 27
`76 Additional matters if informant relied on 28
`(1) This section applies if the declared criminal intelligence was 29
provided to the relevant agency by an informant. 30
Page 11
Criminal Organisation Amendment Bill 2011
Part 2 Amendment of Criminal Organisation Act 2009
[s 10]
`(2) The informant can not be called or otherwise required to give 1
evidence. 2
`(3) The commissioner must, at any time before the hearing of the 3
substantive application, file an affidavit by an officer of the 4
relevant agency complying with section 64(4) to (10). 5
`(4) The substantive application and affidavits and other material 6
filed with the application need not include any identifying 7
information about the informant and identifying information 8
about the informant can not otherwise be required to be given 9
to the court.'. 10
Clause 10 Amendment of s 77 (Registrar to secure intelligence) 11
Section 77(4)-- 12
omit, insert-- 13
`(4) However, the COPIM can not inspect any part of the 14
documents to the extent they disclose any identifying 15
information about an informant.'. 16
Clause 11 Amendment of s 78 (Special closed hearing for 17
consideration of intelligence) 18
(1) Section 78(2)(c) to (e)-- 19
renumber as section 78(2)(d) to (f). 20
(2) Section 78(2)-- 21
insert-- 22
`(c) an officer of an external agency from which the 23
commissioner obtained any of the declared criminal 24
intelligence;'. 25
Clause 12 Replacement of s 80 (Oral evidence by police officers) 26
Section 80-- 27
omit, insert-- 28
Page 12
Criminal Organisation Amendment Bill 2011
Part 2 Amendment of Criminal Organisation Act 2009
[s 13]
`80 Oral evidence by police officers and officers of 1
external agencies 2
`(1) A police officer who is not an informant or an officer of an 3
external agency who is not an informant may be-- 4
(a) called at the hearing of the substantive application to 5
give evidence including or about the declared criminal 6
intelligence; and 7
(b) cross-examined by the court or the COPIM. 8
`(2) However, no question may be asked of the officer or the 9
COPIM that could lead to the disclosure of any identifying 10
information about an informant.'. 11
Clause 13 Amendment of s 82 (Unlawful disclosure of criminal 12
intelligence or information in informant affidavit) 13
Section 82(1)(b), `or 76(4)'-- 14
omit. 15
Clause 14 Amendment of s 88 (Material to be given to COPIM) 16
Section 88(2)-- 17
omit, insert-- 18
`(2) However, a requirement under this Act to give material to the 19
COPIM does not apply to material to the extent it discloses 20
any identifying information about the informant.'. 21
Clause 15 Amendment of s 122 (Criminal organisations register) 22
Section 122(6), `Juvenile'-- 23
omit, insert-- 24
`Youth'. 25
Clause 16 Insertion of new s 136A 26
After section 136-- 27
Page 13
Criminal Organisation Amendment Bill 2011
Part 2 Amendment of Criminal Organisation Act 2009
[s 17]
insert-- 1
`136A Definition informant not to include ASIO officers 2
`(1) This section applies if, under section 59A, definition external 3
agency, paragraph (f), ASIO is declared by regulation to be an 4
external agency for this Act. 5
`(2) In schedule 2, definition informant, paragraph (d), the 6
reference to an officer of an external agency does not include 7
an officer of ASIO. 8
`(3) In this section-- 9
ASIO means the Australian Security Intelligence 10
Organisation established under the Australian Security 11
Intelligence Organisation Act 1979 (Cwlth).'. 12
Clause 17 Insertion of new s 142 13
After section 141-- 14
insert-- 15
`142 Regulation made by the Criminal Organisation 16
Amendment Act 2011 17
`(1) This section applies to the regulation made by the Criminal 18
Organisation Amendment Act 2011, section 23 and schedule. 19
`(2) The regulation is subordinate legislation. 20
`(3) The Statutory Instruments Act 1992, part 6 does not apply to 21
the regulation. 22
`(4) The making of the regulation by the Act mentioned in 23
subsection (1) does not affect the power of the Governor in 24
Council to further amend the regulation or to repeal it.'. 25
Clause 18 Amendment of sch 2 (Dictionary) 26
(1) Schedule 2-- 27
insert-- 28
`external agency, for part 6, see section 59A. 29
Page 14
Criminal Organisation Amendment Bill 2011
Part 2 Amendment of Criminal Organisation Act 2009
[s 18]
identifying information, for part 6, see section 59A. 1
officer, of an external agency, see section 59A. 2
relevant agency, for part 6, see section 59A.'. 3
(2) Schedule 2, definition child, `Juvenile'-- 4
omit, insert-- 5
`Youth'. 6
(3) Schedule 2, definition criminal intelligence, `section 59'-- 7
omit, insert-- 8
`section 59(1)'. 9
(4) Schedule 2, definition criminal intelligence application, 10
`section 63(1)'-- 11
omit, insert-- 12
`section 59A'. 13
(5) Schedule 2, definition informant, paragraph (a)-- 14
omit, insert-- 15
`(a) anyone who has given, to the police service or an 16
external agency, information that the commissioner 17
reasonably believes is criminal intelligence, and who is 18
not a police officer or officer of the external agency;'. 19
(6) Schedule 2, definition informant-- 20
insert-- 21
`(d) an officer of an external agency who has obtained 22
information through the use of an assumed identity. 23
Note-- 24
See section 136A in relation to officers of ASIO.'. 25
Page 15
Criminal Organisation Amendment Bill 2011
Part 3 Amendment of Crime and Misconduct Act 2001
[s 19]
Part 3 Amendment of Crime and 1
Misconduct Act 2001 2
Clause 19 Act amended 3
This part amends the Crime and Misconduct Act 2001. 4
Clause 20 Amendment of s 213 (Secrecy) 5
(1) Section 213(3)(a)(i), after `commissioner'-- 6
insert-- 7
`, an application or proceeding under the Criminal 8
Organisation Act 2009'. 9
(2) Section 213(3)(b)(i)(A), after `commissioner'-- 10
insert-- 11
`, an application or proceeding under the Criminal 12
Organisation Act 2009'. 13
(3) Section 213(4)(b)-- 14
insert-- 15
`(iii) for a proceeding under the Criminal Organisation 16
Act 2009.'. 17
Part 4 Amendment of Criminal Code 18
Clause 21 Code amended 19
This part amends the Criminal Code. 20
Page 16
Criminal Organisation Amendment Bill 2011
Part 5 Other matters
[s 22]
Clause 22 Amendment of s 86 (Obtaining of or disclosure of secret 1
information about the identity of informant) 2
(1) Section 86(3), definition criminal organisation informant, 3
paragraph (a)-- 4
omit, insert-- 5
`(a) anyone who has given, to the police service or an 6
external agency, information that the commissioner 7
reasonably believes is criminal intelligence for the 8
purposes of the Criminal Organisation Act 2009, and 9
who is not a police officer or officer of the external 10
agency;'. 11
(2) Section 86(3), definition criminal organisation informant, 12
after the editor's note-- 13
insert-- 14
`(d) an informant under the Criminal Organisation Act 2009, 15
schedule 2, definition informant, paragraph (d).'. 16
(3) Section 86(3)-- 17
insert-- 18
`external agency see the Criminal Organisation Act 2009, 19
section 59A.'. 20
Part 5 Other matters 21
Clause 23 Making of Criminal Organisation Regulation 2011 22
(1) The schedule has effect to make the Criminal Organisation 23
Regulation 2011 that is set out in the schedule as a regulation 24
under the Criminal Organisation Act 2009. 25
(2) To remove any doubt, it is declared that the Criminal 26
Organisation Regulation 2011, on the commencement of the 27
schedule, stops being a provision of this Act and becomes a 28
regulation made under the Criminal Organisation Act 2009. 29
Page 17
Criminal Organisation Amendment Bill 2011
Part 5 Other matters
[s 24]
Clause 24 Automatic repeal 1
For the purpose of the Acts Interpretation Act 1954, section 2
22C, this Act is an amending Act. 3
Page 18
Criminal Organisation Amendment Bill 2011
Schedule
Schedule Criminal Organisation 1
Regulation 2011 2
section 23 3
1 Short title 4
This regulation may be cited as the Criminal Organisation 5
Regulation 2011. 6
2 External agencies--Act, s 59A 7
Each of the following entities is declared to be an external 8
agency for this Act-- 9
(a) ASIC; 10
(b) the Australian Crime Commission under the Australian 11
Crime Commission Act 2002 (Cwlth); 12
(c) the Australian Customs and Border Protection Service 13
under the Customs Administration Act 1985 (Cwlth); 14
(d) the Australian Security Intelligence Organisation 15
established under the Australian Security Intelligence 16
Organisation Act 1979 (Cwlth); 17
(e) the Corruption and Crime Commission established 18
under the Corruption and Crime Commission Act 2003 19
(WA); 20
(f) the Independent Commission against Corruption 21
established under the Independent Commission Against 22
Corruption Act 1988 (NSW); 23
(g) the New South Wales Crime Commission established 24
under the New South Wales Crime Commission Act 1985 25
(NSW); 26
(h) the Office of Police Integrity established under the 27
Police Integrity Act 2008 (Vic); 28
Page 19
Criminal Organisation Amendment Bill 2011
Schedule
(i) the Australian Commission for Law Enforcement 1
Integrity established by the Law Enforcement Integrity 2
Commissioner Act 2006 (Cwlth). 3
© State of Queensland 2011
Page 20
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