1 Short title

This Act may be cited as the Corrective Services and Other Legislation Amendment Act 2020.

2 Commencement

The following provisions of this Act commence on a day to be fixed by proclamation—

(a) sections 39, 43 and 50;

(b) parts 5 and 6;

(c) schedule 1, part 2.

3 Act amended

This part amends the Corrective Services Act 2006.

4 Amendment of s 60 (Maximum security order)

(1) Section 60 —insert—

(1A) However, the chief executive may direct that the prisoner be accommodated for the whole or a part of the period for which the maximum security order is in effect in an area in the corrective services facility other than a maximum security unit.

(2) Section 60 (1A) to (3) —renumber as section 60 (2) to (4).

5 Amendment of s 62 (Other matters about maximum security order)

(1) Section 62 (1) (a), ‘accommodated in the maximum security unit’—omit.

(2) Section 62 (2) (a), after ‘unit’—insert—or in the area in which the prisoner is accommodated

(3) Section 62 (3), ‘, within the maximum security unit,’—omit.

6 Insertion of new s 63A

After section 63 —

insert—

63A Suspension of maximum security order

(1) This section applies if a prisoner subject to a maximum security order is transferred to another place and lawfully given into another person’s custody.

(2) The maximum security order is suspended while the prisoner is in the other person’s custody.

(3) The suspension ends when the prisoner returns to the chief executive’s custody.

(4) Within 7 days after the prisoner returns to the corrective services facility, the chief executive must review the maximum security order and confirm, amend or cancel it.

7 Amendment of s 65 (Record)

(1) Section 65 (2) —insert—

(da) if the maximum security order is suspended under section 63A—

(i) the date on which the order was suspended; and

(ii) the date on which the suspension ended;

(2) Section 65 (2) (da) to (f) —renumber as section 65 (2) (e) to (g).

8 Amendment of s 66 (Work order)

(1) Section 66 (5) —omit.

(2) Section 66 (6) and (7) —renumber as section 66 (5) and (6).

9 Amendment of s 67 (Restriction on eligibility for transfer to work camp)

Section 67 (1) (e) —

omit, insert—

(e) the prisoner is ineligible under section 68A for transfer to a low custody facility.

10 Amendment of s 68 (Transfer to another corrective services facility or a health institution)

Section 68 (1) (a), before ‘another’—

insert—

subject to section 68A,

11 Insertion of new s 68A

After section 68 —

insert—

68A Restriction on eligibility for transfer to low custody facility

(1) A prisoner (an "ineligible prisoner") is not eligible to be transferred from a secure facility to a low custody facility if the prisoner—

(a) has been convicted of a sexual offence; or

(b) has been convicted of murder; or

(c) is serving a life sentence.

(2) Subsection (1) is subject to section 268.

(3) In this section—

"low custody facility" means—

(a) a prison, other than a secure facility; or

(b) a community corrections centre; or

(c) a work camp.

12 Amendment of s 73 (Compassionate leave)

(1) Section 73 (1) —insert—

(e) for a prisoner who is a child’s parent or kin but, before being imprisoned, was not the primary care giver of the child—to establish a relationship, or maintain the relationship, with the child.

(2) Section 73 —insert—

(4) In this section—

"kin", in relation to a child, see the Child Protection Act 1999, schedule 3.

13 Amendment of s 84 (Prisoner’s duties while on leave)

(1) Section 84 (2) —omit.

(2) Section 84 (3), penalty, ‘ subsection (3) ’—omit, insert—subsection (2)

(3) Section 84 (3) —renumber as section 84 (2).

14 Omission of ch 2, pt 2, div 10 (Conditional release)

Chapter 2, part 2, division 10 —

omit.

15 Insertion of new s 110A

After section 110 —insert—

110A Chief executive may order early release from custody

(1) The chief executive may order that a prisoner be released from custody within 7 days immediately before the day on which the prisoner is to be released on parole.

(2) On release from custody and until the parole order starts, the prisoner is subject to the conditions of the parole order as if the parole order had started on the day the prisoner was released from custody.

16 Amendment of s 111 (Remaining in corrective services facility after discharge day)

(1) Section 111, heading, after ‘day’—insert—or release day

(2) Section 111 (1) and (4), after ‘day’—insert—or release day

(3) Section 111 (3), after ‘If’—insert—the prisoner has applied to remain in the corrective services facility after the prisoner’s discharge day and

(4) Section 111 —insert—

(8) In this section—

"release day" means the day on which a prisoner is to be released on parole.

17 Amendment of s 114 (Breach of discipline constituting an offence)

Section 114 (2) —omit, insert—

(2) The chief executive must decide whether to refer the matter to the commissioner.

(3) However, if the matter could be prosecuted as a sexual offence mentioned in schedule 1 or as an offence that has a maximum penalty of 14 years or more, the chief executive must refer the matter to the commissioner.

(4) Subsection (5) applies if the chief executive—

(a) decides to refer the matter to the commissioner under subsection (2); or

(b) must refer the matter to the commissioner under subsection (3).

(5) The chief executive must, within 48 hours after the corrective services officer informs the chief executive of the matter—

(a) refer the matter to the commissioner; and

(b) tell the prisoner that the matter has been referred to the commissioner.

18 Amendment of s 138 (Seizing property)

Section 138 —

insert—

(3) Section 140(6) does not apply in relation to a thing seized under this section if the chief executive refers the matter to the commissioner under section 114.

19 Amendment of s 140 (Forfeiting seized thing)

Section 140 (5) (b) (iii) —omit, insert—

(iii) destroying it.

20 Amendment of s 173 (Search of staff member)

(1) Section 173 (1), from ‘scanning search’—omit, insert—scanning search—

(a) at any time the staff member is at the facility; or

(b) before entering the facility.

(2) Section 173 (2), after ‘search’—insert—or scanning search

21 Insertion of new s 173A

After section 173 —

insert—

173A Prohibition on intimate relationships between staff members and offenders

(1) An "intimate relationship" between 2 persons is a relationship that includes either or both of the following—

(a) sexual conduct or other physical expressions of affection or sexual contact;

(b) the exchange of written or other forms of communications of a sexual or intimate nature.

(2) A staff member must not have an intimate relationship with a person who is an offender.

(3) Subsection (2) does not apply to a staff member if—

(a) the staff member does not know, or could not reasonably have known, the person was an offender; or

(b) the staff member and the person were in an intimate relationship before the person became an offender.

22 Insertion of new ch 4, pt 5

Chapter 4 —

insert—

23 Amendment of s 188 (Submission from eligible person)

(1) Section 188 (3) —insert—

(d) the person may apply to the parole board to extend the period under paragraph (c) for making written submissions to the parole board.

(2) Section 188 —insert—

(3A) The eligible person may apply to the parole board to extend the period under subsection (3)(c) for making written submissions to the parole board.

(3B) The parole board may extend the period if the parole board considers it reasonable in the circumstances.

(3) Section 188 (4), after ‘ subsection (3) (c) ’—insert—or in the further period allowed under subsection (5)

(4) Section 188 (3A) to (4) —renumber as section 188 (4) to (6).

24 Amendment of s 193A (Deciding particular applications where victim’s body or remains have not been located)

Section 193A (7) (a) (iii) —

omit, insert—

(iii) any relevant remarks made by the sentencing court that sentenced the prisoner to the term of imprisonment the prisoner is serving for the offence; and

(iv) if the prisoner requests the board to consider a transcript of a proceeding against the prisoner for the offence—the transcript; and

25 Amendment of s 193E (Reports about prisoners’ links to terrorism)

(1) Section 193E (2) (b), from ‘with—’—omit, insert—with a law enforcement agency.

(2) Section 193E (6) —omit.

26 Amendment of s 194 (Types of parole orders granted by parole board)

(1) Section 194 (4) —omit.

(2) Section 194 (5) —renumber as section 194 (4).

27 Amendment of s 199 (Court ordered parole order)

(1) Section 199 (4) —omit.

(2) Section 199 (5) —renumber as section 199 (4).

28 Amendment of s 200A (Directions to prisoners subject to parole order)

(1) Section 200A (2) (c), before ‘the place’—insert—a stated place, including, for example,

(2) Section 200A (2) —insert—
[Note: Note—See section 267(2).]

29 Amendment of s 206 (Warrant for prisoner’s arrest)

Section 206 (3) —insert—
[Note: Notes—

1 See section 112 for the power of the parole board, a magistrate or the chief executive, on the application of a corrective services officer, to issue a warrant for a prisoner’s arrest if the prisoner is unlawfully at large and the prisoner’s parole order is suspended or cancelled.

2 See section 112(1)(a) for the power of a corrective services officer to arrest a prisoner without warrant if the prisoner is unlawfully at large and the prisoner’s parole order is suspended or cancelled.

]

30 Amendment of s 208 (Reconsidering decision to suspend or cancel parole order)

Section 208 (3), after ‘effect’—

insert—

on the day stated in the written notice

31 Amendment of s 208B (Parole board or prescribed board member may suspend parole order and issue warrant)

(1) Section 208B, heading—omit, insert—

208B Decision on request for immediate suspension of parole order

(2) Section 208B (1) —omit, insert—

(1) If a request is made under section 208A, the parole board or a prescribed board member must as soon as practicable consider the request.

(1A) However, the parole board or a prescribed board member may decide the priority for considering requests made under section 208A, having regard to the seriousness of the nature of the grounds on which the requests are made.

(1B) If the parole board considers the request, the parole board must decide whether to suspend or cancel the parole order.

(1C) If a prescribed board member considers the request, the prescribed board member must decide whether to suspend the parole order.

(3) Section 208B (2), from ‘The’ to ‘only’—omit, insert—The parole board may decide to suspend or cancel the parole order, or the prescribed board member may decide to suspend the parole order, only

(4) Section 208B (3), after ‘suspend’—insert—or cancel

(5) Section 208B (4), from ‘If’ to ‘order’—omit, insert—If the parole board decides not to suspend or cancel the parole order, or the prescribed board member decides not to suspend the parole order

(6) Section 208B (5) (b), ‘prescribed by regulation’—omit.

(7) Section 208B (8) —omit, insert—

(8) When arrested, the prisoner must be taken to a prison—

(a) if the order was suspended—to be kept there for the suspension period; or

(b) if the order was cancelled—to serve the unexpired portion of the prisoner’s period of imprisonment.

[Note: Notes—

1 See section 112 for the power of the parole board, a magistrate or the chief executive, on the application of a corrective services officer, to issue a warrant for a prisoner’s arrest if the prisoner is unlawfully at large and the prisoner’s parole order is suspended.

2 See section 112(1)(a) for the power of a corrective services officer to arrest a prisoner without warrant if the prisoner is unlawfully at large and the prisoner’s parole order is suspended.

]

(8) Section 208B (1A) to (8) —renumber as section 208B (2) to (11).

32 Amendment of s 208C (Parole board must consider suspension by prescribed board member)

(1) Section 208C (1) (b) —omit, insert—

(b) cancel the parole order; or

(c) set aside the decision.

(2) Section 208C (2), from ‘member’s decision’ to ‘suspend’—omit, insert—member’s decision or cancel the parole order as if it were a decision to suspend or cancel

33 Amendment of s 209 (Automatic cancellation of order by further imprisonment)

Section 209 (1) and (2) —omit, insert—

(1) If a prisoner is sentenced to another period of imprisonment for an offence committed, in Queensland or elsewhere, during the period of the prisoner’s parole order, the order is taken to have been automatically cancelled on the date on which the offence occurred.

(2) Subsection (1) applies—

(a) whether or not the prisoner is sentenced to the other period of imprisonment before or after the parole order has expired; and

(b) subject to section 205.

34 Amendment of s 210 (Warrant for prisoner’s arrest)

(1) Section 210 (1) (a), ‘prescribed by regulation’—omit.

(2) Section 210 (3) —insert—
[Note: Notes—

1 See section 112 for the power of the parole board, a magistrate or the chief executive, on the application of a corrective services officer, to issue a warrant for a prisoner’s arrest if the prisoner is unlawfully at large and the prisoner’s parole order is cancelled.

2 See section 112(1)(a) for the power of a corrective services officer to arrest a prisoner without warrant if the prisoner is unlawfully at large and the prisoner’s parole order is cancelled.

]

35 Amendment of s 211 (Effect of cancellation)

Section 211 (1) —insert—
[Note: Note—For subsection (1)(a), (b), (c) and (d), see also sections 208B(6) and 208C(2).]

36 Amendment of s 228 (Acting appointments)

Section 228 (2), ‘3 months’—

omit, insert—

1 year

37 Amendment of s 234 (Meetings about particular matters relating to parole orders)

(1) Section 234 (1), ‘ Subsection (2) ’—omit, insert—This section

(2) Section 234 (3) to (6) —omit.

(3) Section 234 (7), definition "prescribed prisoner", paragraph (a) —insert—

(vi) section 193A(1); or

(4) Section 234 (7) —renumber as section 234 (3).

38 Amendment of s 265 (Administrative procedures)

(1) Section 265 (3), note—omit.

(2) Section 265 (4), from ‘publication’—omit, insert—publication—

(a) may pose a risk to the security or good order of a corrective services facility; or

(b) may compromise the safety or effective management of offenders.

39 Amendment of s 266 (Programs and services to help offenders)

(1) Section 266 (1), after ‘establish’—insert—or facilitate

(2) Section 266 (1) (a), ‘medical or’—omit.

(3) Section 266 (1) —insert—

(aa) to support the health and wellbeing of prisoners; and

(4) Section 266 (1) (aa) to (d) —renumber as section 266 (1) (b) to (e).

(5) Section 266 (2), example—omit.

40 Amendment of s 267 (Monitoring devices)

(1) Section 267, from ‘may’ to ‘location.’—omit, insert—may, for monitoring an offender’s location, direct the offender—

(a) to wear a stated device; or

(b) to permit the installation of any device or equipment at a stated place, including, for example, the place where the offender resides.

(2) Section 267 —insert—

(2) An offender who has been directed under subsection (1) or section 200A(2) to wear a stated device or permit the installation of any device or equipment (each "associated equipment") at a stated place must not, without a reasonable excuse, remove or tamper with the stated device or associated equipment.

41 Amendment of s 268 (Declaration of emergency)

(1) Section 268 (1), from ‘at a prison’—omit, insert—that threatens or is likely to threaten—

(a) the security or good order of a prison; or

(b) the safety of a prisoner or another person in a prison.

(2) Section 268 (2), from ‘approval’—omit, insert—approval—

(a) declare that an emergency exists in relation to the prison for a stated period that must not be more than 3 days; and

(b) declare a place to be a corrective services facility (a "temporary corrective services facility") for the period the declaration of the emergency is in force.

(3) Section 268 (4) —insert—

(aa) transfer the prisoners to another corrective services facility, including a temporary corrective services facility; or

(ab) if the prisoners have been transferred under paragraph (b) to another corrective services facility, return the prisoners to the prison; or

(4) Section 268 (4) (aa) to (c) —renumber as section 268 (4) (b) to (e).

42 Amendment of s 271 (Delegation of functions of chief executive)

Section 271 (1), after ‘Act’—

insert—

, other than section 306F(1) or 306K(1)

43 Omission of ch 6, pt 5 (Doctors)

Chapter 6, part 5 —

omit.

44 Amendment of s 294 (Appointing inspectors generally)

(1) Section 294 (2) —insert—

(aa) to investigate alleged misconduct or alleged corrupt conduct of a staff member; or

(2) Section 294 (2), ‘probation and parole office’—omit, insert—community corrections office

(3) Section 294 (2) (aa) to (d) —renumber as section 294 (2) (b) to (e).

45 Amendment of s 303 (Inspector’s powers generally)

(1) Section 303 (1) (a) —omit, insert—

(a) at any time, enter—

(i) a corrective services facility; or

(ii) a community corrections office; or

(2) Section 303 (1) (c) and (d), ‘probation and parole office’—omit, insert—community corrections office

46 Amendment of s 304 (Inspector’s power to require information)

(1) Section 304 (1) —omit, insert—

(1) This section applies if an inspector investigating an incident, or alleged misconduct or alleged corrupt conduct of a staff member, reasonably believes a person performing a function under this Act may be able to give information about the incident or alleged misconduct or alleged corrupt conduct.

(2) Section 304 (2), after ‘incident’—insert—or alleged misconduct or alleged corrupt conduct

47 Amendment of s 305 (Inspectors’ reports)

Section 305 (1), after ‘incident’—

insert—

, or alleged misconduct or alleged corrupt conduct of a staff member,

48 Insertion of new ch 6, pt 9A

Chapter 6 —

insert—

49 Amendment of s 311A (Dealing with amounts received for prisoners in particular cases)

(1) Section 311A (1) —insert—

(aa) the donor of the amount is not an approved donor for the prisoner;

(ab) the donor of the amount was released from a corrective services facility within 1 year before the chief executive received the amount;

(2) Section 311A (1) (aa) to (c) —renumber as section 311A (1) (b) to (e).

(3) Section 311A —insert—

(2A) However, the chief executive may decide to receive an amount for the prisoner even if the donor of the amount was released from a corrective services facility within 1 year before the chief executive received the amount.

(3A) A donor is an "approved donor" for a prisoner unless the chief executive decides not to receive an amount for the prisoner from the donor for payment into the prisoner’s account in the prisoners trust fund.

(4) Section 311A (4), ‘ subsection (3) (b) ’—omit, insert—subsection (4)(b)

(5) Section 311A (2A) to (5) —renumber as section 311A (3) to (7).

50 Omission of s 319F (Complaint to official visitor required first)

Section 319F —

omit.

51 Amendment of s 324A (Right of eligible persons to receive particular information)

(1) Section 324A (2) (a), after ‘ subsection (1) (a) ’—insert—or (b)

(2) Section 324A (2) (b) —omit.

(3) Section 324A (2) (c), ‘and’—omit, insert—or

(4) Section 324A (2) (c) —renumber as section 324A (2) (b).

52 Insertion of new ch 7A, pt 14

Chapter 7A —

insert—

53 Amendment of sch 4 (Dictionary)

(1) Schedule 4, definitions "conditional release", "conditional release order", "dangerous drug", "probation and parole office", "released", "scanning search", "secure facility" (both mentions) and "sexual offence" —omit.

(2) Schedule 4 —insert—

"alcohol test", for chapter 6, part 9A, see section 306A.

"community corrections office" means an office where an offender subject to a parole order or community based order may be required to report to a corrective services officer.

"corrective services officer recruit", for chapter 6, part 9A, see section 306A.

"corrective services person", for chapter 6, part 9A, see section 306B.

"dangerous drug" means a dangerous drug under the Drugs Misuse Act 1986.

"low alcohol limit", for chapter 6, part 9A, see section 306C(b).

"misconduct", for a staff member, means conduct that would constitute a disciplinary ground under the Public Service Act 2008, section 187 if the staff member were a public service employee under that Act.

"no alcohol limit", for chapter 6, part 9A, see section 306C(a).

"random alcohol test", for chapter 6, part 9A, see section 306A.

"random substance test", for chapter 6, part 9A, see section 306A.

"released" means released on parole.

"sample", for chapter 6, part 9A, see section 306A.

"scanning search", of a person—

1 A "scanning search" of a person is a search of the person by electronic or other means that does not require the person to remove the person’s clothing but may require another person or an apparatus to touch or come into contact with the person.
[Note: Examples—

• using an electronic apparatus through which a person is required to pass

• using a corrective services dog that is trained to detect the scent of a prohibited thing to search a person

]

2 For paragraph 1, an apparatus for touching or coming into contact with a person who is submitting to a scanning search is an apparatus prescribed by regulation for this definition.

"secure facility" —

(a) generally, means a prison with a perimeter fence, or other security measures, that are designed to prevent the escape of a prisoner; and

(b) for chapter 6, part 13A, see section 344B.

"sexual offence" means—

(a) an offence mentioned in schedule 1; or

(b) an offence against a law applying, or that applied, in another jurisdiction if the offence substantially corresponds to an offence mentioned in schedule 1.

"substance test", for chapter 6, part 9A, see section 306A.

"targeted substance", for chapter 6, part 9A, see section 306A.

"training program", for chapter 6, part 9A, see section 306A.

(3) Schedule 4, definition "community corrective services", paragraph (b), ‘probation and parole office’—omit, insert—community corrections office

(4) Schedule 4, definition "corrective services facility" —insert—

(d) a temporary corrective services facility declared under section 268(2).

(5) Schedule 4, definition "general search", paragraph (a) —omit, insert—

(a) to reveal the contents of the person’s outer garments or general clothes, or of a thing in the person’s possession, including touching or moving the thing without touching the person; or

(6) Schedule 4, definition "law enforcement agency", paragraphs (d) and (e) —omit, insert—

(d) a police service of another State or of a foreign country; or

(e) an entity established under the law of the Commonwealth or a State to investigate corruption or crime; or

(f) the Australian Security Intelligence Organisation under the Australian Security Intelligence Organisation Act 1979 (Cwlth); or

(g) a Commonwealth department in which any of the following laws is administered—

(i) the Australian Border Force Act 2015 (Cwlth);

(ii) the Customs Act 1901 (Cwlth), other than parts XVB and XVC;

(iii) the Migration Act 1958 (Cwlth); or

(h) another entity declared by regulation to be a law enforcement agency.

(7) Schedule 4, definition "offender", paragraph (b) —omit, insert—

(b) a person who is subject to a community based order.

(8) Schedule 4, definition "prescribed provision", paragraph (c), ‘ section 234 (7) ’—omit, insert—section 234(3)

(9) Schedule 4, definition "unlawfully at large", paragraph (b) —omit, insert—

(b) the prisoner’s parole order has been suspended or cancelled; or

(10) Schedule 4, definition "unlawfully at large", paragraph (c), ‘probation and parole office’—omit, insert—community corrections office

54 Code amended

This part amends the Criminal Code.

55 Amendment of s 340 (Serious assaults)

Section 340 (2), after ‘officer’—omit, insert—commits a crime.
[Note: Maximum penalty—

(a) if the prisoner assaults a working corrective services officer in any of the following circumstances—

(i) the prisoner bites or spits on the corrective services officer or throws at, or in any way applies to, the corrective services officer a bodily fluid or faeces;

(ii) the prisoner causes bodily harm to the corrective services officer;

(iii) the prisoner is, or pretends to be, armed with a dangerous or offensive weapon or instrument—14 years imprisonment; or

(b) otherwise—7 years imprisonment.

]

56 Act amended

This part amends the Racing Integrity Act 2016.

57 Insertion of new ch 2, pt 6A, hdg

Chapter 2 —

insert—

58 Amendment of s 83 (Other matters about suitability)

Section 83 (2), ‘ section 98A ’—

omit, insert—

section 53A

59 Relocation and renumbering of s 98A (Exchange of information)

Section 98A —

relocate to chapter 2, part 6A, as inserted under this Act, and renumber as section 53A.

60 Amendment of s 101 (Grounds for cancellation)

Section 101 (3), ‘ section 98A ’—

omit, insert—

section 53A

61 Act amended

This part amends the Weapons Act 1990.

62 Amendment of s 67 (Possessing and acquiring restricted items)

(1) Section 67 (3), ‘For subsection (1), a person has a reasonable excuse’—omit, insert—It is a reasonable excuse for a person

(2) Section 67 —insert—

(3A) It is a reasonable excuse for a person to possess or acquire a restricted item that is a replica of a firearm if—

(a) both of the following apply—

(i) the person is a member of an association, whether or not incorporated, that provides recreational activities involving replicas of firearms and the activities are conducted other than in, and in a way not reasonably able to be seen from, a public place;

(ii) the person’s reason for possession or acquisition of the replica of a firearm is to participate in the recreational activities; or

(b) both of the following apply—

(i) the person is the holder of a collector’s licence;

(ii) the person’s reason for possession or acquisition of the replica of the firearm is for it to be part of the holder’s collection of weapons.

(3B) It is a reasonable excuse for a person to possess or acquire a weapon that is permanently inoperable and would be, if it were not permanently inoperable, a category A, B or C weapon if—

(a) the person is the holder of a collector’s licence; and

(b) the person’s reason for possession or acquisition of the weapon is for it to be part of the holder’s collection of weapons.

(3C) Subsections (3) to (5) do not limit what may be a reasonable excuse for subsection (1).

(3) Section 67 (4), ‘ subsection (5) ’—omit, insert—subsection (8)

(4) Section 67 (5) —insert—

"association" see the Associations Incorporation Act 1981.

(5) Section 67 (3A) to (5) —renumber as section 67 (4) to (8).

63 Replacement of s 168B (Amnesty declaration)

Section 168B —

omit, insert—

168B Amnesty for firearms and prescribed things in particular circumstances

(1) A person who unlawfully possesses a firearm or a prescribed thing can not be prosecuted for an offence against this Act for possession of the firearm or prescribed thing if—

(a) the person is taking the firearm or prescribed thing directly to, or has the firearm or prescribed thing at—

(i) an approved licensed dealer for the purpose of the dealer disposing of or otherwise dealing with it; or

(ii) a police station for the purpose of surrendering it to a police officer; and

(b) the person complies with any conditions prescribed by regulation for the taking of the firearm or prescribed thing to the approved licensed dealer or police station.

(2) Subsections (3) and (4) apply if the person—

(a) takes the firearm or prescribed thing to an approved licensed dealer under subsection (1)(a)(i); and

(b) does not provide the approved licensed dealer with the particulars as required under section 73(a).

(3) Section 73 does not apply to the approved licensed dealer.

(4) The approved licensed dealer must surrender the firearm or prescribed thing to a police officer.
[Note: Maximum penalty—10 penalty units.]

(5) The commissioner may approve a licensed dealer for this section.

(6) The commissioner must publish the names of the approved licensed dealers on the QPS website.

(7) In this section—

"approved licensed dealer" means a licensed dealer approved by the commissioner under subsection (5).

"prescribed thing" means—

(a) a magazine for a weapon; or

(b) a category R weapon that is not a firearm; or

(c) another thing prescribed by regulation.

64 Amendment of s 168C (Dealing with surrendered firearm)

(1) Section 168C, heading, after ‘firearm’—insert—or prescribed thing

(2) Section 168C (1), from ‘firearm’—omit, insert—firearm or prescribed thing under section 168B(1)(a)(ii) or (4).

(3) Section 168C (2), ‘firearm, the firearm’—omit, insert—firearm or prescribed thing, the firearm or prescribed thing

65 Amendment of sch 1 (Subject matter for regulations)

Schedule 1 —

insert—

18 Amnesty for firearms and prescribed things Providing for things for which, and the conditions under which, an amnesty under section 168B may be given.

66 Amendment of sch 2 (Dictionary)

Schedule 2, definition "restricted item", ‘ section 67 (5) ’—

omit, insert—

section 67(8)

67 Regulation amended

This part amends the Weapons Regulation 2016.

68 Insertion of new s 160A

After section 160 —

insert—

160A Condition for amnesty for firearms and prescribed things For section 168B(1)(b) of the Act, it is a condition for a person who is surrendering a firearm or prescribed thing by taking it to an approved licensed dealer or police station that, unless the person has a reasonable excuse, the person must notify the approved licensed dealer or a police officer at the police station before taking it to the approved licensed dealer or police station.

69 Legislation amended

Schedule 1 amends the legislation it mentions.