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COMMUNITY SERVICES AND OTHER LEGISLATION AMENDMENT BILL 2004

          Queensland



Community Services and
Other Legislation Amendment
Bill 2004

 


 

 

Queensland Community Services and Other Legislation Amendment Bill 2004 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Part 2 Amendment of Community Services (Aborigines) Act 1984 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Amendment of s 94 (Purpose of pt 6) . . . . . . . . . . . . . . . . . . . . . 5 6 Amendment of s 95 (Definitions for pt 6) . . . . . . . . . . . . . . . . . . . 5 7 Amendment of s 100 (Suspension of declaration) . . . . . . . . . . . . 6 8 Amendment of pt 6, div 3, hdg (Offences) . . . . . . . . . . . . . . . . . . 6 9 Amendment of pt 6, div 4, hdg (Appeals) . . . . . . . . . . . . . . . . . . . 6 10 Renumbering of pt 6, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 Insertion of new pt 6, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Division 5 Provisions relating to homemade alcohol in certain community areas 112A Offences relating to homemade alcohol . . . . . . . . . . . 7 112B Relationship with restricted areas . . . . . . . . . . . . . . . 7 12 Amendment of s 180 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . 7 13 Insertion of new ss 180A and 180B . . . . . . . . . . . . . . . . . . . . . . . 8 180A Evidence of home-brew concentrate by label. . . . . . . 8 180B Evidence of homemade alcohol having regard to belief of police officer ...................... 9 Part 3 Amendment of Community Services (Torres Strait) Act 1984 14 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16 Amendment of s 92 (Purpose of pt 6) . . . . . . . . . . . . . . . . . . . . . 10

 


 

2 Community Services and Other Legislation Amendment Bill 2004 17 Amendment of s 93 (Definitions for pt 6) . . . . . . . . . . . . . . . . . . . 11 18 Amendment of s 98 (Suspension of declaration) . . . . . . . . . . . . . 12 19 Amendment of pt 6, div 3, hdg (Offences) . . . . . . . . . . . . . . . . . . 12 20 Amendment of pt 6, div 4, hdg (Appeals) . . . . . . . . . . . . . . . . . . . 12 21 Renumbering of pt 6, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 22 Insertion of new pt 6, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 5 Provisions relating to homemade alcohol in certain council areas 110A Offences relating to homemade alcohol . . . . . . . . . . . 13 110B Relationship with restricted areas . . . . . . . . . . . . . . . 13 23 Amendment of s 190 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . 13 24 Insertion of new ss 190A and 190B . . . . . . . . . . . . . . . . . . . . . . . 14 190A Evidence of home-brew concentrate by label. . . . . . . 14 190B Evidence of homemade alcohol having regard to belief of police officer ..................... 15 Part 4 Amendment of Police Powers and Responsibilities Act 2000 25 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 26 Amendment of s 44A (Prevention of particular offences relating to liquor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 27 Amendment of s 51 (Stopping vehicles for prescribed purposes) 16 28 Amendment of sch 1 (Acts not affected by this Act). . . . . . . . . . . 17

 


 

2004 A Bill for An Act to amend the Community Services (Aborigines) Act 1984, Community Services (Torres Strait) Act 1984 and Police Powers and Responsibilities Act 2000

 


 

s1 4 s4 Community Services and Other Legislation Amendment Bill 2004 The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Community Services and Other 4 Legislation Amendment Act 2004. 5 Clause 2 Commencement 6 This Act commences on a day to be fixed by proclamation. 7 Part 2 Amendment of Community 8 Services (Aborigines) Act 1984 9 Clause 3 Act amended in pt 2 10 This part amends the Community Services (Aborigines) 11 Act 1984. 12 Clause 4 Amendment of s 4 (Definitions) 13 Section 4-- 14 insert-- 15 `fermenter, for part 6, see section 95. 16 home-brew concentrate, for part 6, see section 95. 17 home-brew kit, for part 6, see section 95. 18 homemade alcohol, for part 6, see section 95. 19 prescribed community area, for part 6, see section 95.'. 20

 


 

s5 5 s6 Community Services and Other Legislation Amendment Bill 2004 Clause 5 Amendment of s 94 (Purpose of pt 6) 1 Section 94(2)-- 2 omit, insert-- 3 `(2) The purpose is to be achieved by-- 4 (a) prohibiting in certain community areas the possession or 5 supply of homemade alcohol and the possession of 6 certain substances and things used to make homemade 7 alcohol; and 8 (b) providing for the declaration of places in community 9 areas in which the possession and consumption of all 10 alcohol is prohibited.'. 11 Clause 6 Amendment of s 95 (Definitions for pt 6) 12 Section 95-- 13 insert-- 14 `fermenter means a container that could be used for the 15 purpose of fermentation. 16 home-brew concentrate means-- 17 (a) a substance, that includes malt and hops, ordinarily used 18 for brewing beer; or 19 (b) wort; or 20 (c) grape concentrate ordinarily used for making wine. 21 home-brew kit means a kit that includes all the following-- 22 (a) a fermenter; 23 (b) an airlock; 24 (c) a thermometer. 25 homemade alcohol means alcohol made other than under a 26 licence under-- 27 (a) the Excise Act 1901 (Cwlth); or 28 (b) the Distillation Act 1901 (Cwlth). 29

 


 

s7 6 s 10 Community Services and Other Legislation Amendment Bill 2004 prescribed community area means a community area 1 prescribed under a regulation for section 112A.'. 2 Clause 7 Amendment of s 100 (Suspension of declaration) 3 Section 100-- 4 insert-- 5 `(9) The suspension does not affect the operation of 6 section 112A.1'. 7 Clause 8 Amendment of pt 6, div 3, hdg (Offences) 8 Part 6, division 3, heading, `Offences'-- 9 omit, insert-- 10 `Offences relating to community justice groups and 11 dry places'. 12 Clause 9 Amendment of pt 6, div 4, hdg (Appeals) 13 Part 6, division 4, heading, `Appeals'-- 14 omit, insert-- 15 `Appeals relating to dry places'. 16 Clause 10 Renumbering of pt 6, div 5 17 Part 6, division 5-- 18 renumber as part 6, division 6. 19 1 Section 112A (Offences relating to homemade alcohol)

 


 

s 11 7 s 12 Community Services and Other Legislation Amendment Bill 2004 Clause 11 Insertion of new pt 6, div 5 1 After section 112-- 2 insert-- 3 `Division 5 Provisions relating to homemade 4 alcohol in certain community areas 5 `112A Offences relating to homemade alcohol 6 `A person must not, in a prescribed community area-- 7 (a) possess a home-brew kit; or 8 (b) possess home-brew concentrate; or 9 (c) possess homemade alcohol; or 10 (d) supply homemade alcohol to someone else. 11 Maximum penalty--250 penalty units. 12 `112B Relationship with restricted areas 13 `(1) This section applies if a prescribed community area or part of 14 a prescribed community area is, or is in, a restricted area 15 under the Liquor Act 1992 to which section 168B of that Act 16 applies because of a declaration under section 173H of that 17 Act (the restricted area declaration). 18 `(2) Section 112A(c) applies to the whole of the prescribed 19 community area despite the restricted area declaration.'. 20 Clause 12 Amendment of s 180 (Evidentiary aids) 21 (1) Section 180(2), `Subsections (3) and (4) apply'-- 22 omit, insert-- 23 `Subsection (3) applies'. 24 (2) Section 180-- 25 insert-- 26 `(3A) Subsection (5) applies to a proceeding for an offence against 27 section 103(1) or 112A(b), (c), or (d)'. 28

 


 

s 13 8 s 13 Community Services and Other Legislation Amendment Bill 2004 (3) Section 180(4), `fluid is'-- 1 omit, insert-- 2 `fluid or other substance is, on its production, admissible as'. 3 (4) Section 180-- 4 insert-- 5 `(4A) A provision of this section does not limit another provision of 6 the section or of this Act about evidence.'. 7 (5) Section 180(5)-- 8 insert-- 9 `homemade alcohol has the same meaning as in part 6.'. 10 (6) Section 180(3A) to (5)-- 11 renumber as section 180(4) to (7). 12 Clause 13 Insertion of new ss 180A and 180B 13 After section 180-- 14 insert-- 15 `180A Evidence of home-brew concentrate by label 16 `(1) This section applies if, in a proceeding for an offence against 17 section 112A(b), it is relevant to prove that a substance in the 18 possession of a person was home-brew concentrate. 19 `(2) In the absence of proof to the contrary, the substance is proved 20 to be home-brew concentrate if-- 21 (a) there is evidence that the container containing the 22 substance had a label indicating the substance was 23 home-brew concentrate; and 24 (b) a police officer gives evidence that the police officer 25 believes the container contained home-brew 26 concentrate; and 27 (c) the court considers the belief mentioned in 28 paragraph (b) to be reasonably held. 29

 


 

s 13 9 s 13 Community Services and Other Legislation Amendment Bill 2004 `(3) In this section-- 1 home-brew concentrate has the same meaning as in part 6. 2 label, in relation to a container, includes any tag, statement in 3 writing, representation or other descriptive matter on or 4 attached to or used or displayed in connection with the 5 container. 6 `180B Evidence of homemade alcohol having regard to 7 belief of police officer 8 `(1) This section applies if, in a proceeding for an offence against 9 section 112A (c) or (d), it is relevant to prove that a substance 10 possessed or supplied by a person was homemade alcohol. 11 `(2) In the absence of proof to the contrary, the substance is proved 12 to be homemade alcohol if-- 13 (a) there is evidence by a police officer that the police 14 officer believed the substance was homemade alcohol; 15 and 16 (b) the court considers the belief mentioned in paragraph (a) 17 to be reasonably held by the police officer. 18 `(3) For subsection (2)(a) it is sufficient for the police officer to 19 believe-- 20 (a) that the substance was alcohol by having regard to the 21 conditions in which it was found or its odour; and 22 (b) that the alcohol was homemade by having regard to 23 either or both of the following-- 24 (i) its odour, or appearance, as compared to that of 25 alcohol usually commercially available in 26 Queensland; 27 (ii) if the alcohol was in a container, that the police 28 officer considers that the container was not of a 29 type in which alcohol was usually commercially 30 available to the public in Queensland. 31 `(4) For subsection (2)(b), a court may consider a belief formed as 32 mentioned in subsection (3) to be reasonably held. 33

 


 

s 14 10 s 16 Community Services and Other Legislation Amendment Bill 2004 `(5) Subsection (3) does not limit the matters that may form the 1 basis for a police officer's belief mentioned in 2 subsection (2)(a) or the basis for a court to consider the police 3 officer's belief to be reasonably held. 4 `(6) In this section-- 5 homemade alcohol has the same meaning as in part 6.'. 6 Part 3 Amendment of Community 7 Services (Torres Strait) 8 Act 1984 9 Clause 14 Act amended in pt 3 10 This part amends the Community Services (Torres Strait) 11 Act 1984. 12 Clause 15 Amendment of s 4 (Definitions) 13 Section 4-- 14 insert-- 15 `fermenter, for part 6, see section 93. 16 home-brew concentrate, for part 6, see section 93. 17 home-brew kit, for part 6, see section 93. 18 homemade alcohol, for part 6, see section 93. 19 prescribed council area, for part 6, see section 93.'. 20 Clause 16 Amendment of s 92 (Purpose of pt 6) 21 Section 92(2)-- 22 omit, insert-- 23

 


 

s 17 11 s 17 Community Services and Other Legislation Amendment Bill 2004 `(2) The purpose is to be achieved by-- 1 (a) prohibiting in certain council areas the possession or 2 supply of homemade alcohol and the possession of 3 certain substances and things used to make homemade 4 alcohol; and 5 (b) providing for the declaration of places in council areas 6 in which the possession and consumption of all alcohol 7 is prohibited.'. 8 Clause 17 Amendment of s 93 (Definitions for pt 6) 9 Section 93-- 10 insert-- 11 `fermenter means a container that could be used for the 12 purpose of fermentation. 13 home-brew concentrate means-- 14 (a) a substance, that includes malt and hops, ordinarily used 15 for brewing beer; or 16 (b) wort; or 17 (c) grape concentrate ordinarily used for making wine. 18 home-brew kit means a kit that includes all the following-- 19 (a) a fermenter; 20 (b) an airlock; 21 (c) a thermometer. 22 homemade alcohol means alcohol made other than under a 23 licence under-- 24 (a) the Excise Act 1901 (Cwlth); or 25 (b) the Distillation Act 1901 (Cwlth). 26 prescribed council area means a council area prescribed 27 under a regulation for section 110A.'. 28

 


 

s 18 12 s 22 Community Services and Other Legislation Amendment Bill 2004 Clause 18 Amendment of s 98 (Suspension of declaration) 1 Section 98-- 2 insert-- 3 `(9) The suspension does not affect the operation of 4 section 110A.2'. 5 Clause 19 Amendment of pt 6, div 3, hdg (Offences) 6 Part 6, division 3, heading, `Offences'-- 7 omit, insert-- 8 `Offences relating to community justice groups and 9 dry places'. 10 Clause 20 Amendment of pt 6, div 4, hdg (Appeals) 11 Part 6, division 4, heading, `Appeals'-- 12 omit, insert-- 13 `Appeals relating to dry places'. 14 Clause 21 Renumbering of pt 6, div 5 15 Part 6, division 5-- 16 renumber as part 6, division 6. 17 Clause 22 Insertion of new pt 6, div 5 18 After section 110-- 19 insert-- 20 `Division 5 Provisions relating to homemade 21 alcohol in certain council areas 22 2 Section 110A (Offences relating to homemade alcohol)

 


 

s 23 13 s 23 Community Services and Other Legislation Amendment Bill 2004 `110A Offences relating to homemade alcohol 1 `A person must not, in a prescribed council area-- 2 (a) possess a home-brew kit; or 3 (b) possess home-brew concentrate; or 4 (c) possess homemade alcohol; or 5 (d) supply homemade alcohol to someone else. 6 Maximum penalty--250 penalty units. 7 `110B Relationship with restricted areas 8 `(1) This section applies if a prescribed council area or part of a 9 prescribed council area is, or is in, a restricted area under the 10 Liquor Act 1992 to which section 168B of that Act applies 11 because of a declaration under section 173H of that Act (the 12 restricted area declaration). 13 `(2) Section 110A(c) applies to the whole of the prescribed council 14 area despite the restricted area declaration.'. 15 Clause 23 Amendment of s 190 (Evidentiary aids) 16 (1) Section 190(2), `Subsections (3) and (4) apply'-- 17 omit, insert-- 18 `Subsection (3) applies'. 19 (2) Section 190-- 20 insert-- 21 `(3A) Subsection (5) applies to a proceeding for an offence against 22 section 101(1) or 110A(b), (c), or (d)'. 23 (3) Section 190(4), `fluid is'-- 24 omit, insert-- 25 `fluid or other substance is, on its production, admissible as'. 26 (4) Section 190-- 27 insert-- 28

 


 

s 24 14 s 24 Community Services and Other Legislation Amendment Bill 2004 `(4A) A provision of this section does not limit another provision of 1 the section or of this Act about evidence.'. 2 (5) Section 190(5)-- 3 insert-- 4 `homemade alcohol has the same meaning as in part 6.'. 5 (6) Section 190(3A) to (5)-- 6 renumber as section 190(4) to (7). 7 Clause 24 Insertion of new ss 190A and 190B 8 After section 190-- 9 insert-- 10 `190A Evidence of home-brew concentrate by label 11 `(1) This section applies if, in a proceeding for an offence against 12 section 110A(b), it is relevant to prove that a substance in the 13 possession of a person was home-brew concentrate. 14 `(2) In the absence of proof to the contrary, the substance is proved 15 to be home-brew concentrate if-- 16 (a) there is evidence that the container containing the 17 substance had a label indicating the substance was 18 home-brew concentrate; and 19 (b) a police officer gives evidence that the police officer 20 believes the container contained home-brew 21 concentrate; and 22 (c) the court considers the belief mentioned in 23 paragraph (b) to be reasonably held. 24 `(3) In this section-- 25 home-brew concentrate has the same meaning as in part 6. 26 label, in relation to a container, includes any tag, statement in 27 writing, representation or other descriptive matter on or 28 attached to or used or displayed in connection with the 29 container. 30

 


 

s 24 15 s 24 Community Services and Other Legislation Amendment Bill 2004 `190B Evidence of homemade alcohol having regard to 1 belief of police officer 2 `(1) This section applies if, in a proceeding for an offence against 3 section 110A(c) or (d), it is relevant to prove that a substance 4 possessed or supplied by a person was homemade alcohol. 5 `(2) In the absence of proof to the contrary, the substance is proved 6 to be homemade alcohol if-- 7 (a) there is evidence by a police officer that the police 8 officer believed the substance was homemade alcohol; 9 and 10 (b) the court considers the belief mentioned in paragraph (a) 11 to be reasonably held by the police officer. 12 `(3) For subsection (2)(a) it is sufficient for the police officer to 13 believe-- 14 (a) that the substance was alcohol by having regard to the 15 conditions in which it was found or its odour; and 16 (b) that the alcohol was homemade by having regard to 17 either or both of the following-- 18 (i) its odour, or appearance, as compared to that of 19 alcohol usually commercially available in 20 Queensland; 21 (ii) if the alcohol was in a container, that the police 22 officer considers that the container was not of a 23 type in which alcohol was usually commercially 24 available to the public in Queensland. 25 `(4) For subsection (2)(b), a court may consider a belief formed as 26 mentioned in subsection (3) to be reasonably held. 27 `(5) Subsection (3) does not limit the matters that may form the 28 basis for a police officer's belief mentioned in 29 subsection (2)(a) or the basis for a court to consider the police 30 officer's belief to be reasonably held. 31 `(6) In this section-- 32 homemade alcohol has the same meaning as in part 6.'. 33

 


 

s 25 16 s 27 Community Services and Other Legislation Amendment Bill 2004 Part 4 Amendment of Police Powers 1 and Responsibilities Act 2000 2 Clause 25 Act amended in pt 4 3 This part amends the Police Powers and Responsibilities Act 4 2000. 5 Clause 26 Amendment of s 44A (Prevention of particular offences 6 relating to liquor) 7 Section 44A(1)(a)(ii) and (iii)-- 8 omit, insert-- 9 `(ii) Community Services (Aborigines) Act 1984, 10 section 103 or 112A(c) or (d);3 11 (iii) Community Services (Torres Strait) Act 1984, 12 section 101 or 110A(c) or (d);4 and'. 13 Clause 27 Amendment of s 51 (Stopping vehicles for prescribed 14 purposes) 15 Section 51(6), definition liquor provision, paragraphs (b) and 16 (c)-- 17 omit, insert-- 18 3 Community Services (Aborigines) Act 1984, section 103 (Possession or consumption of alcohol in or on dry place) or 112A (Offences relating to homemade alcohol) 4 Community Services (Torres Strait) Act 1984, section 101 (Possession or consumption of alcohol in or on dry place) or 110A (Offences relating to homemade alcohol)

 


 

s 28 17 s 28 Community Services and Other Legislation Amendment Bill 2004 `(b) Community Services (Aborigines) Act 1984, 1 section 103 or 112A;5 2 (c) Community Services (Torres Strait) Act 1984, 3 section 101 or 110A.6'. 4 Clause 28 Amendment of sch 1 (Acts not affected by this Act) 5 Schedule 1-- 6 insert-- 7 `Community Services (Aborigines) Act 1984 8 Community Services (Torres Strait) Act 1984'. 9 State of Queensland 2004 5 Community Services (Aborigines) Act 1984, section 103 (Possession or consumption of alcohol in or on dry place) or 112A (Offences relating to homemade alcohol) 6 Community Services (Torres Strait) Act 1984, section 101 (Possession or consumption of alcohol in or on dry place) or 110A (Offences relating to homemade alcohol)

 


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