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


CHILD PROTECTION (OFFENDER REPORTING) AND OTHER LEGISLATION AMENDMENT BILL 2010

          Queensland



Child Protection (Offender
Reporting) and Other
Legislation Amendment Bill
2010

 


 

 

Queensland Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Omission of s 4 (Notes in text) . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 13 (Offender reporting orders) . . . . . . . . . . . . . 4 6 Amendment of s 14 (When initial report must be made) . . . . . . . 5 7 Amendment of s 15 (When offender must make new initial report after previous reporting obligations have stopped) . . . . . . 6 8 Amendment of s 16 (Personal details that are to be reported). . . 6 9 Amendment of s 19 (Reportable offender must report changes to relevant personal details) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Amendment of s 22 (Reportable offender to report return to Queensland or decision not to leave) . . . . . . . . . . . . . . . . . . . . . . 8 11 Amendment of s 26 (How reports must be made) . . . . . . . . . . . . 9 12 Amendment of s 27 (Right to privacy and support when reporting) .................................. 9 13 Amendment of s 33 (Reporting by remote offenders) . . . . . . . . . 10 14 Insertion of new pt 4, div 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 5A Obligations about DNA sampling and analysis 40A Allowing DNA sample to be taken . . . . . . . . . . . . . . . 10 15 Amendment of s 50 (Failure to comply with reporting obligations) ................................ 11 16 Amendment of s 51 (False or misleading information) . . . . . . . . . 11 17 Insertion of new ss 52A and 52B . . . . . . . . . . . . . . . . . . . . . . . . . 12 52A Proceedings for an indictable offence. . . . . . . . . . . . . 12

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Contents 52B Limitation on who may summarily hear a proceeding for an indictable offence and the level of penalty . . . . 13 18 Amendment of s 61 (Failure to comply with procedural requirements does not affect reportable offender's obligations). . 13 19 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Part 5A Change of name 74A Change of name of reportable offender . . . . . . . . . . . 14 20 Insertion of new s 74B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 74B Declaration about disclosure or release of personal information to particular corresponding registrars . . . 15 21 Replacement of pt 7, hdg (Transitional) . . . . . . . . . . . . . . . . . . . . 15 22 Amendment of s 79 (Transitional provision for the Criminal Code and Other Acts Amendment Act 2008) . . . . . . . . . . . . . . . . 16 23 Insertion of new pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Division 2 Provisions for the Child Protection (Offender Reporting) and Other Legislation Amendment Act 2010 80 Declaration about application of s 14 . . . . . . . . . . . . . 16 81 Application of s 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 82 Declaration and other provision about effect of previous sentence for a new class 1 or class 2 offence ............................ 17 24 Amendment of sch 1 (Class 1 offences). . . . . . . . . . . . . . . . . . . . 18 25 Amendment of sch 2 (Class 2 offences). . . . . . . . . . . . . . . . . . . . 18 26 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 20 Part 3 Amendment of Births, Deaths and Marriages Registration Act 2003 27 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 28 Amendment of s 42 (Correcting the register) . . . . . . . . . . . . . . . . 21 Part 4 Amendment of Police Powers and Responsibilities Act 2000 29 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 30 Insertion of new s 488A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 488A Taking DNA sample from reportable offender for Child Protection (Offender Reporting) Act 2004. . . . . 22 31 Insertion of new s 490A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 490A When DNA sample taken from reportable offender and results must be destroyed . . . . . . . . . . . 22 32 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 23 Page 2

 


 

2010 A Bill for An Act to amend the Child Protection (Offender Reporting) Act 2004, the Births, Deaths and Marriages Registration Act 2003 and the Police Powers and Responsibilities Act 2000 for particular purposes

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 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 Child Protection (Offender 4 Reporting) and Other Legislation Amendment Act 2010. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Child Protection 8 (Offender Reporting) Act 2004 9 Clause 3 Act amended 10 This part amends the Child Protection (Offender Reporting) 11 Act 2004. 12 Clause 4 Omission of s 4 (Notes in text) 13 Section 4-- 14 omit. 15 Clause 5 Amendment of s 13 (Offender reporting orders) 16 (1) Section 13(2)-- 17 omit, insert-- 18 Page 4

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 6] `(2) However, the court may only make the offender reporting 1 order-- 2 (a) if the court is satisfied that the person poses a risk to the 3 lives or the sexual safety of 1 or more children, or of 4 children generally; or 5 (b) for a prescribed offence--without limiting paragraph 6 (a), if the court is satisfied, having regard to the 7 circumstances of the case, that-- 8 (i) the context in which the offence was committed 9 was not familial; and 10 (ii) it is appropriate to make the order. 11 Example for subparagraph (ii)-- 12 The commission of the offence was not merely 13 incidental.'. 14 (2) Section 13(3), `subsection (2)'-- 15 omit, insert-- 16 `subsection (2)(a)'. 17 (3) Section 13-- 18 insert-- 19 `(11) In this section-- 20 prescribed offence means-- 21 (a) an offence against the Criminal Code, section 354 22 committed against or in relation to a child; or 23 (b) an offence against the Criminal Code, section 363 or 24 363A. 25 Note-- 26 See the Criminal Code, sections 354 (Kidnapping), 363 (Child-stealing) 27 and 363A (Abduction of a child under 16).'. 28 Clause 6 Amendment of s 14 (When initial report must be made) 29 (1) Section 14(1)(a), `28'-- 30 Page 5

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 7] omit, insert-- 1 `7'. 2 (2) Section 14(1)(b), table, column 2, other than second and third 3 entries, `28'-- 4 omit, insert-- 5 `7'. 6 (3) Section 14(1)(b), table, column 2, second entry, `90 days after 7 the commencement date or 28'-- 8 omit, insert-- 9 `7'. 10 (4) Section 14(1)(b), table, column 2, sixth entry, `14', first 11 mention-- 12 omit, insert-- 13 `7'. 14 (5) Section 14(1)(b), table, third entry-- 15 omit. 16 Clause 7 Amendment of s 15 (When offender must make new initial 17 report after previous reporting obligations have stopped) 18 (1) Section 15, `28'-- 19 omit, insert-- 20 `7'. 21 (2) Section 15(4), `14', first mention-- 22 omit, insert-- 23 `7'. 24 Clause 8 Amendment of s 16 (Personal details that are to be 25 reported) 26 (1) Section 16(1)-- 27 Page 6

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 9] insert-- 1 `(m) details of any carriage service (within the meaning of 2 the Telecommunications Act 1997 (Cwlth)) used or 3 intended to be used by the offender; and 4 (n) details of any internet service provider or carriage 5 service provider (within the meaning of the 6 Telecommunications Act 1997 (Cwlth)) used or intended 7 to be used by the offender; and 8 (o) details of the type of any internet connection used, or 9 intended to be used, by the offender, including whether 10 the connection is a wireless, broadband, ADSL or 11 dial-up connection; and 12 (p) details of any email addresses, internet user names, 13 instant messaging user names, chat room user names or 14 any other user name or identity used or intended to be 15 used by the offender through the internet or another 16 electronic communication service; and 17 (q) the passport number and country of issue of each 18 passport held by the offender.'. 19 (2) Section 16(2)(b) and (c), `14'-- 20 omit, insert-- 21 `3'. 22 Clause 9 Amendment of s 19 (Reportable offender must report 23 changes to relevant personal details) 24 (1) Section 19(1), `14 days'-- 25 omit, insert-- 26 `the prescribed period'. 27 (2) Section 19(2)(d), after `person'-- 28 insert-- 29 `owns or'. 30 Page 7

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 10] (3) Section 19(2), `14 day period'-- 1 omit, insert-- 2 `14-day, or 3-day, period'. 3 (4) Section 19(4)(a), `28 days'-- 4 omit, insert-- 5 `14 days'. 6 (5) Section 19-- 7 insert-- 8 `(5) In this section-- 9 prescribed period means-- 10 (a) for a change about where a child generally resides as 11 mentioned in subsection (2)(a)--24 hours; or 12 (b) for a change mentioned in subsection (2)(b)--24 hours; 13 or 14 (c) for any other change mentioned in subsection (2)--14 15 days.'. 16 Clause 10 Amendment of s 22 (Reportable offender to report return 17 to Queensland or decision not to leave) 18 (1) Section 22(3)-- 19 renumber as section 22(4). 20 (2) Section 22-- 21 insert-- 22 `(3) A report made under subsection (2) in relation to travel out of 23 Australia must be accompanied by a copy of the reportable 24 offender's passport and travel documents verifying or 25 supporting details in the report.'. 26 Page 8

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 11] Clause 11 Amendment of s 26 (How reports must be made) 1 Section 26(1)(a) and (b)-- 2 omit, insert-- 3 `(a) an initial report; 4 (b) an annual report;'. 5 Clause 12 Amendment of s 27 (Right to privacy and support when 6 reporting) 7 (1) Section 27-- 8 insert-- 9 `(1A) Subsection (3) applies if a police officer or other person 10 receiving the report is aware the person making the report-- 11 (a) has special needs; and 12 (b) because of the special needs, needs to be accompanied 13 by an adult support person when making the report. 14 `(1B) If it is not practicable for the person to be accompanied by an 15 adult support person of the person's own choice, the police 16 officer or person receiving the report must arrange, if 17 practicable, for an adult support person to be present when the 18 person is making the report.'. 19 (2) Section 27(3)-- 20 omit, insert-- 21 `(3) A police officer or other person receiving a report under this 22 part must not allow a support person or interpreter to be 23 present when a person is making the report unless the support 24 person or interpreter has signed an undertaking not to disclose 25 any information derived from the report unless required or 26 authorised by or under any Act or law to do so. 27 `(4) In this section-- 28 special needs, of a person, means the person's needs by taking 29 into account-- 30 (a) the person's age, sex or cultural background; and 31 Page 9

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 13] (b) any disability the person has.'. 1 (3) Section 27(1A) to (4)-- 2 renumber as section 27(2) to (6). 3 Clause 13 Amendment of s 33 (Reporting by remote offenders) 4 Section 33(2)(c), `before the specific time'-- 5 omit, insert-- 6 `when contacting the police commissioner under paragraph 7 (a)'. 8 Clause 14 Insertion of new pt 4, div 5A 9 Part 4-- 10 insert-- 11 `Division 5A Obligations about DNA sampling 12 and analysis 13 `40A Allowing DNA sample to be taken 14 `(1) This section applies to a reportable offender who is making-- 15 (a) an initial report; or 16 (b) an annual report. 17 `(2) If asked by the police officer or other person receiving the 18 report, the reportable offender must allow a DNA sampler to 19 take a DNA sample from the offender for DNA analysis. 20 Note-- 21 The offender commits an offence against section 50 if the offender fails 22 to comply with the obligation under subsection (2). 23 `(3) However, subsection (2) does not apply to the reportable 24 offender if a DNA sample, or the results of a DNA analysis of 25 a DNA sample, from the offender are currently kept under the 26 Police Powers and Responsibilities Act 2000. 27 Page 10

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 15] `(4) Also, if the reportable offender is a corresponding reportable 1 offender, subsection (2) does not apply unless, if the offender 2 had remained in a foreign jurisdiction, the offender would be 3 required, under a corresponding Act, to allow a DNA sample 4 from the offender to be taken for analysis. 5 `(5) The Police Powers and Responsibilities Act 2000, chapter 17, 6 part 5 applies in relation to a DNA sample mentioned in 7 subsection (2). 8 `(6) In this section-- 9 DNA sample see the Police Powers and Responsibilities Act 10 2000. 11 DNA sampler see the Police Powers and Responsibilities Act 12 2000.'. 13 Clause 15 Amendment of s 50 (Failure to comply with reporting 14 obligations) 15 (1) Section 50(1), penalty-- 16 omit, insert-- 17 `Maximum penalty--300 penalty units or 5 years 18 imprisonment.'. 19 (2) Section 50(2) and (3)-- 20 renumber as section 50(3) and (4). 21 (3) Section 50-- 22 insert-- 23 `(2) An offence against subsection (1) is a crime.'. 24 Clause 16 Amendment of s 51 (False or misleading information) 25 (1) Section 51(1), penalty-- 26 omit, insert-- 27 `Maximum penalty--300 penalty units or 5 years 28 imprisonment.'. 29 Page 11

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 17] (2) Section 51(2) and (3)-- 1 renumber as section 51(3) and (4). 2 (3) Section 51-- 3 insert-- 4 `(2) An offence against subsection (1) is a crime.'. 5 Clause 17 Insertion of new ss 52A and 52B 6 After section 52-- 7 insert-- 8 `52A Proceedings for an indictable offence 9 `(1) A proceeding for a charge of an offence against section 50(1) 10 or 51(1) may, at the prosecution's election, be taken-- 11 (a) by way of summary proceedings before a magistrate 12 under the Justices Act 1886; or 13 (b) on indictment. 14 `(2) Subsection (3) applies if at any stage during a summary 15 proceeding the magistrate is satisfied that the defendant may 16 not be adequately punished on summary conviction because 17 of the nature and seriousness of the offence or any other 18 relevant consideration. 19 `(3) The Magistrates Court-- 20 (a) must not decide the charge as a summary offence; and 21 (b) must proceed by way of an examination of witnesses in 22 relation to an indictable offence. 23 `(4) If a Magistrates Court acts under subsection (3)-- 24 (a) any plea of the person charged, made at the start of the 25 proceeding, must be disregarded; and 26 (b) any evidence brought in the proceeding before the 27 magistrate decided to act under subsection (3) is taken to 28 be evidence in the proceeding for the committal of the 29 person for trial or sentence; and 30 Page 12

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 18] (c) before committing the person for trial or sentence the 1 magistrate must make a statement to the person under 2 the Justices Act 1886, section 104(2)(b). 3 `(5) The magistrate must invite and hear any submissions from the 4 prosecution and defence before making a decision under 5 subsection (2). 6 `52B Limitation on who may summarily hear a proceeding 7 for an indictable offence and the level of penalty 8 `(1) A proceeding against a person for an offence against section 9 50(1) or 51(1) must be before a magistrate if it is a 10 proceeding-- 11 (a) for the summary conviction of a person; or 12 (b) for an examination of witnesses in relation to the charge. 13 `(2) However, if a proceeding for the offence is brought before a 14 justice who is not a magistrate, jurisdiction is limited to taking 15 or making a procedural action or order within the meaning of 16 the Justices of the Peace and Commissioners for Declarations 17 Act 1991. 18 `(3) The maximum penalty that may be imposed on a summary 19 conviction of the offence is 100 penalty units or 3 years 20 imprisonment.'. 21 Clause 18 Amendment of s 61 (Failure to comply with procedural 22 requirements does not affect reportable offender's 23 obligations) 24 Section 61, note, `50(3)'-- 25 omit, insert-- 26 `50(4)'. 27 Clause 19 Insertion of new pt 5A 28 After section 74-- 29 insert-- 30 Page 13

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 20] `Part 5A Change of name 1 `74A Change of name of reportable offender 2 `(1) This section applies if a reportable offender intends to change 3 his or her name under the Births, Deaths and Marriages 4 Registration Act 2003 or a law of a foreign jurisdiction (each 5 the relevant law). 6 `(2) The reportable offender must obtain the police 7 commissioner's written permission before changing, or 8 applying to change, the offender's name under the relevant 9 law. 10 Maximum penalty--20 penalty units or 6 months 11 imprisonment. 12 `(3) In deciding whether to give the permission, the police 13 commissioner must consider each of the following-- 14 (a) the safety of the reportable offender and other persons; 15 (b) the reportable offender's rehabilitation or care or 16 treatment; 17 (c) whether the proposed name change could be used to 18 further an unlawful activity or purpose; 19 (d) whether the proposed name change could be considered 20 offensive to a victim of a crime or an immediate family 21 member of a deceased victim of a crime. 22 `(4) Subsection (5) applies if the police commissioner becomes 23 aware that the reportable offender has failed to comply with 24 subsection (2) in registering, under the Births, Deaths and 25 Marriages Registration Act 2003, a change of name. 26 `(5) The police commissioner may apply to the registrar under the 27 Births, Deaths and Marriages Registration Act 2003 for the 28 cancellation of the registration.'. 29 Clause 20 Insertion of new s 74B 30 Part 6-- 31 Page 14

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 21] insert-- 1 `74B Declaration about disclosure or release of personal 2 information to particular corresponding registrars 3 `(1) This section applies to a disclosure or release of personal 4 information in the register made under or purportedly under 5 this Act or the Police Service Administration Act 1990-- 6 (a) by the commissioner before the prescribed day; and 7 (b) to a person who became a corresponding registrar on the 8 prescribed day. 9 `(2) The disclosure or release is and always was as lawfully made 10 as if it were made on the prescribed day. 11 `(3) In this section-- 12 prescribed day means the day each of the following Acts 13 became a corresponding Act-- 14 (a) the Child Protection (Offender Reporting and 15 Registration) Act (NT); 16 (b) the Child Sex Offenders Registration Act 2006 (SA); 17 (c) the Community Protection (Offender Reporting) Act 18 2005 (Tas); 19 (d) the Crimes (Child Sex Offenders) Act 2005 (ACT).'. 20 Clause 21 Replacement of pt 7, hdg (Transitional) 21 Part 7, heading-- 22 omit, insert-- 23 `Part 7 Transitional provisions 24 `Division 1 Provision for the Criminal Code and 25 Other Acts Amendment Act 2008'. 26 Page 15

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 22] Clause 22 Amendment of s 79 (Transitional provision for the 1 Criminal Code and Other Acts Amendment Act 2008) 2 Section 79, heading, from `for'-- 3 omit. 4 Clause 23 Insertion of new pt 7, div 2 5 Part 7-- 6 insert-- 7 `Division 2 Provisions for the Child Protection 8 (Offender Reporting) and Other 9 Legislation Amendment Act 2010 10 `80 Declaration about application of s 14 11 `(1) This section applies to a reportable offender who-- 12 (a) before the commencement, was required to make an 13 initial report; but 14 (b) had not made the report before the commencement 15 because the period, stated in pre-amended section 14, 16 for making the report had not ended. 17 `(2) To remove any doubt, it is declared that pre-amended section 18 14 continues to apply to the reportable offender for making 19 the report. 20 `(3) In this section-- 21 commencement means the commencement of this section. 22 pre-amended section 14 means section 14 as in force 23 immediately before the commencement. 24 `81 Application of s 33 25 `(1) This section applies if-- 26 Page 16

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 23] (a) before the commencement, the police commissioner 1 agreed, under section 33(2), to allow a reportable 2 offender to make a report at a specific time; and 3 (b) at the commencement, the specific time had not ended 4 and the offender had not made the report. 5 `(2) Section 33(2) as in force immediately before the 6 commencement continues to apply to the reportable offender 7 until the end of the specific time. 8 `(3) In this section-- 9 commencement means the commencement of this section. 10 `82 Declaration and other provision about effect of 11 previous sentence for a new class 1 or class 2 12 offence 13 `(1) This section applies to a person who-- 14 (a) before the commencement, was sentenced for an offence 15 that is a new class 1 or 2 offence; but 16 (b) immediately before the commencement, was not a 17 reportable offender. 18 `(2) To remove any doubt, it is declared that, subject to section 5, 19 the person is a reportable offender. 20 `(3) However, a reporting obligation does not apply to the person 21 unless the police commissioner has given the person a notice 22 under section 59. 23 `(4) In this section-- 24 commencement means the commencement of this section. 25 new class 1 or 2 offence means an offence that-- 26 (a) before the commencement, was not a class 1 or 2 27 offence; but 28 (b) on the commencement, is a class 1 or 2 offence.'. 29 Page 17

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 24] Clause 24 Amendment of sch 1 (Class 1 offences) 1 Schedule 1, item 1-- 2 insert-- 3 `(e) any of the following provisions of the Criminal Code 4 (Cwlth)-- 5 section 272.8 (Sexual intercourse with a child 6 outside Australia) 7 section 272.9 (Sexual activity (other than sexual 8 intercourse) with a child outside Australia) 9 section 272.10 (Aggravated offence--child with 10 mental impairment or under care, supervision or 11 authority of defendant) 12 section 272.11 (Persistent sexual abuse of child 13 outside Australia) 14 section 272.14 (Procuring child to engage in sexual 15 activity outside Australia) 16 section 272.15 ("Grooming" child to engage in 17 sexual activity outside Australia) 18 section 272.18 (Benefiting from offence against 19 this Division) 20 section 272.19 (Encouraging offence against this 21 Division) 22 section 272.20 (Preparing for or planning offence 23 against this Division).'. 24 Clause 25 Amendment of sch 2 (Class 2 offences) 25 (1) Schedule 2, item 1(a)-- 26 insert-- 27 ` section 216 (Abuse of persons with an impairment 28 of the mind) 29 section 351 (Assault with intent to commit rape) 30 Page 18

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 25] section 352 (Sexual assaults); or'. 1 (2) Schedule 2, after item 1(a)-- 2 insert-- 3 `(aa) the following provision of the Criminal Code, as in force 4 from time to time before being repealed by the Criminal 5 Law Amendment Act 2000-- 6 section 337 (Sexual assaults); or 7 (ab) the following provision of the Criminal Code, as in force 8 from time to time before being repealed by the Criminal 9 Law Amendment Act 1997, if the offence was of a sexual 10 nature as defined by the Criminal Law Amendment Act 11 1945, section 2A-- 12 section 344 (Aggravated assaults); or'. 13 (3) Schedule 2, item 1(g)-- 14 omit, insert-- 15 `(g) any of the following provisions of the Criminal Code 16 (Cwlth) if the offence is committed against or in relation 17 to a child-- 18 section 270.6 (Sexual servitude offences) 19 section 270.7 (Deceptive recruiting for sexual 20 services) 21 section 273.5 (Possessing, controlling, producing, 22 distributing or obtaining child pornography 23 material outside Australia) 24 section 273.6 (Possessing, controlling, producing, 25 distributing or obtaining child abuse material 26 outside Australia) 27 section 471.16 (Using a postal or similar service 28 for child pornography material) 29 section 471.17 (Possessing, controlling, producing, 30 supplying or obtaining child pornography material 31 for use through a postal or similar service) 32 Page 19

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 2 Amendment of Child Protection (Offender Reporting) Act 2004 [s 26] section 471.19 (Using a postal or similar service 1 for child abuse material) 2 section 471.24 (Using a postal or similar service to 3 procure persons under 16) 4 section 471.25 (Using a postal or similar service to 5 "groom" persons under 16) 6 section 474.19 (Using a carriage service for child 7 pornography material) 8 section 474.20 (Possessing, controlling, producing, 9 supplying or obtaining child pornography material 10 for use through a carriage service) 11 section 474.22 (Using a carriage service for child 12 abuse material) 13 section 474.23 (Possessing, controlling, producing, 14 supplying or obtaining child abuse material for use 15 through a carriage service) 16 section 474.25A (Using a carriage service for 17 sexual activity with person under 16 years of age) 18 section 474.26 (Using a carriage service to procure 19 persons under 16 years of age) 20 section 474.27 (Using a carriage service to 21 "groom" persons under 16 years of age) 22 section 474.27A (Using a carriage service to 23 transmit indecent communication to person under 24 16 years of age); or'. 25 (4) Schedule 2, item 1(aa) to (g)-- 26 renumber as item 1(b) to (j). 27 Clause 26 Amendment of sch 3 (Dictionary) 28 (1) Schedule 3-- 29 insert-- 30 `annual report means a report under section 18. 31 Page 20

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 3 Amendment of Births, Deaths and Marriages Registration Act 2003 [s 27] initial report means a report under part 4, division 1. 1 restricted police station see section 25(3).'. 2 (2) Schedule 3, definition commencement date, from `the date'-- 3 omit, insert-- 4 `1 January 2005.'. 5 Part 3 Amendment of Births, Deaths 6 and Marriages Registration Act 7 2003 8 Clause 27 Act amended 9 This part amends the Births, Deaths and Marriages 10 Registration Act 2003. 11 Clause 28 Amendment of s 42 (Correcting the register) 12 (1) Section 42(1)(c)-- 13 renumber as section 42(1)(d). 14 (2) Section 42(1)-- 15 insert-- 16 `(c) on the application of the police commissioner under the 17 Child Protection (Offender Reporting) Act 2004, section 18 74A(5); or'. 19 (3) Section 42-- 20 insert-- 21 `(7) In this section-- 22 police commissioner means the commissioner of the 23 Queensland Police Service.'. 24 Page 21

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 4 Amendment of Police Powers and Responsibilities Act 2000 [s 29] Part 4 Amendment of Police Powers 1 and Responsibilities Act 2000 2 Clause 29 Act amended 3 This part amends the Police Powers and Responsibilities Act 4 2000. 5 Clause 30 Insertion of new s 488A 6 Chapter 17, part 5, division 3-- 7 insert-- 8 `488A Taking DNA sample from reportable offender for 9 Child Protection (Offender Reporting) Act 2004 10 `A DNA sampler may take a DNA sample for DNA analysis 11 from a person who-- 12 (a) is a reportable offender; and 13 (b) as required under the Child Protection (Offender 14 Reporting) Act 2004, section 40A(2), allows the sample 15 to be taken. 16 Note-- 17 The person commits an offence against the Child Protection (Offender 18 Reporting) Act 2004, section 50(1) if the person fails to comply with the 19 person's obligation under that Act, section 40A(2).'. 20 Clause 31 Insertion of new s 490A 21 Chapter 17, part 5, division 4-- 22 insert-- 23 `490A When DNA sample taken from reportable 24 offender and results must be destroyed 25 `(1) A DNA sample taken from a reportable offender and the 26 results of a DNA analysis of the sample must be destroyed 27 within a reasonably practicable time after the person stops 28 being a reportable offender. 29 Page 22

 


 

Child Protection (Offender Reporting) and Other Legislation Amendment Bill 2010 Part 4 Amendment of Police Powers and Responsibilities Act 2000 [s 32] Note-- 1 For when a person stops being a reportable offender, see the Child 2 Protection (Offender Reporting) Act 2004, section 5(4). 3 `(2) For subsection (1), the results of a DNA analysis may be 4 destroyed by deleting any information in QDNA that 5 identifies the person from whom the DNA sample was taken 6 with the results obtained by analysing the sample.'. 7 Clause 32 Amendment of sch 6 (Dictionary) 8 Schedule 6-- 9 insert-- 10 `reportable offender see the Child Protection (Offender 11 Reporting) Act 2004.'. 12 State of Queensland 2010 Page 23

 


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