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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Vicious Lawless Association
Disestablishment Bill 2013
Queensland
Vicious Lawless Association
Disestablishment Bill 2013
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Meaning of participant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Meaning of vicious lawless associate. . . . . . . . . . . . . . . . . . . . . . 6
6 Proof person is an office bearer of an association . . . . . . . . . . . . 6
7 Sentencing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 No parole and parole eligibility date fixed only for total period of
imprisonment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Cooperation with law enforcement authorities to be taken into
account .......................................... 9
10 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
11 Act to be reviewed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Schedule 1 Declared offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2013
A Bill
for
An Act for the purpose of disestablishing vicious lawless
associations
Vicious Lawless Association Disestablishment Bill 2013
[s 1]
The Parliament of Queensland enacts-- 1
1 Short title 2
This Act may be cited as the Vicious Lawless Association 3
Disestablishment Act 2013. 4
2 Objects 5
(1) The objects of the Act are to-- 6
(a) disestablish associations that encourage, foster or 7
support persons who commit serious offences; and 8
(b) increase public safety and security by the 9
disestablishment of the associations; and 10
(c) deny to persons who commit serious offences the 11
assistance and support gained from association with 12
other persons who participate in the affairs of the 13
associations. 14
(2) The objects are to be achieved by-- 15
(a) imposing significant terms of imprisonment for vicious 16
lawless associates who commit declared offences; and 17
(b) removing the possibility of parole for vicious lawless 18
associates serving terms of imprisonment except in 19
limited circumstances; and 20
(c) encouraging vicious lawless associates to cooperate 21
with law enforcement agencies in the investigation and 22
prosecution of serious criminal activity. 23
3 Definitions 24
In this Act-- 25
association means any of the following-- 26
(a) a corporation; 27
(b) an unincorporated association; 28
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Vicious Lawless Association Disestablishment Bill 2013
[s 4]
(c) a club or league; 1
(d) any other group of 3 or more persons by whatever name 2
called, whether associated formally or informally and 3
whether the group is legal or illegal. 4
base sentence, for a vicious lawless associate, means the 5
sentence imposed on the associate under section 7(1)(a). 6
declared offence means-- 7
(a) an offence against a provision mentioned in schedule 1; 8
or 9
(b) an offence prescribed under a regulation to be a declared 10
offence. 11
further sentence, for a vicious lawless associate, means a 12
sentence imposed on the associate under section 7(1)(b) or 13
(c). 14
office bearer, of an association, means-- 15
(a) a person who is a president, vice-president, 16
sergeant-at-arms, treasurer, secretary, director or another 17
office bearer or a shareholder of the association; or 18
(b) a person who (whether by words or conduct, or in any 19
other way) asserts, declares or advertises himself or 20
herself to hold a position of authority of any kind within 21
the association. 22
4 Meaning of participant 23
For this Act, a person is a participant in the affairs of an 24
association if the person-- 25
(a) (whether by words or conduct, or in any other way) 26
asserts, declares or advertises his or her membership of, 27
or association with, the association; or 28
(b) (whether by words or conduct, or in any other way) 29
seeks to be a member of, or to be associated with, the 30
association; or 31
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Vicious Lawless Association Disestablishment Bill 2013
[s 5]
(c) has attended more than 1 meeting or gathering of 1
persons who participate in the affairs of the association 2
in any way; or 3
(d) has taken part on any 1 or more occasions in the affairs 4
of the association in any other way. 5
5 Meaning of vicious lawless associate 6
(1) For this Act, a person is a vicious lawless associate if the 7
person-- 8
(a) commits a declared offence; and 9
(b) at the time the offence is committed, or during the 10
course of the commission of the offence, is a participant 11
in the affairs of an association (relevant association); 12
and 13
(c) did or omitted to do the act that constitutes the declared 14
offence for the purposes of, or in the course of 15
participating in the affairs of, the relevant association. 16
(2) However, a person is not a vicious lawless associate if the 17
person proves that the relevant association is an association 18
whose members do not have as their purpose, or 1 of their
purposes, engaging in, or conspiring to engage in, declared 19
offences. 20
6 Proof person is an office bearer of an association 21
For this Act, proof that a person-- 22
(a) has asserted, declared or advertised that he or she is an 23
office bearer of an association; or 24
(b) is commonly treated by other persons who participate in 25
the affairs of the association as an office bearer of the 26
association; 27
is, unless the contrary is proved, sufficient proof that the 28
person is an office bearer of the association. 29
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Vicious Lawless Association Disestablishment Bill 2013
[s 7]
7 Sentencing 1
(1) A court sentencing a vicious lawless associate for a declared 2
offence must impose all of the following sentences on the 3
vicious lawless associate-- 4
(a) a sentence for the offence under the law apart from this 5
Act and without regard to any further punishment that 6
may or will be imposed under this Act; 7
(b) a further sentence of 15 years imprisonment served 8
wholly in a corrective services facility; 9
(c) if the vicious lawless associate was, at the time of the 10
commission of the offence, or during the course of the 11
commission of the offence, an office bearer of the 12
relevant association--a further sentence of 10 years 13
imprisonment served wholly in a corrective services 14
facility which must be served cumulatively with the 15
further sentence mentioned in paragraph (b). 16
(2) A further sentence-- 17
(a) must not be mitigated or reduced under any other Act or 18
law; and 19
(b) must be ordered to be served cumulatively with the base 20
sentence imposed. 21
(3) However, if the base sentence does not-- 22
(a) impose a term of imprisonment on the vicious lawless 23
associate; or 24
(b) require the associate to immediately serve a term of 25
imprisonment in a corrective services facility; 26
the associate is to immediately begin to serve the further 27
sentence mentioned in subsection (1)(b) and the base sentence 28
is to have effect, so far as practicable, at the end of the further 29
sentence or sentences. 30
(4) Also, if the base sentence imposed on the vicious lawless 31
associate is life imprisonment, the further sentence mentioned 32
in subsection (1)(b) is to have effect from the parole eligibility 33
date applying to the associate as a prisoner under the 34
Corrective Services Act 2006, section 181. 35
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Vicious Lawless Association Disestablishment Bill 2013
[s 8]
(5) If a sentencing court is sentencing a vicious lawless associate 1
for more than 1 declared offence, the sentencing court may 2
impose further sentences for only 1 of the offences. 3
(6) However, when deciding which declared offence to use for 4
imposing further sentences, the court must choose the offence 5
that will result in the vicious lawless associate serving the 6
longest period of imprisonment available under this Act for 7
the offences. 8
8 No parole and parole eligibility date fixed only for total 9
period of imprisonment 10
(1) A vicious lawless associate is not eligible for parole during 11
any period of imprisonment for a further sentence. 12
(2) For this Act and the Corrective Services Act 2006, the parole 13
eligibility date for the vicious lawless associate's period of 14
imprisonment (other than if the base sentence is life 15
imprisonment) is the day that is worked out by adding the 16
period of any further sentence imposed under this Act to the 17
notional parole eligibility date fixed under subsection (3). 18
Note-- 19
Section 7(4) has effect if the base sentence is life imprisonment. 20
(3) The notional parole eligibility date for a vicious lawless 21
associate is the parole eligibility date or parole release date for 22
the base sentence fixed as provided under another Act or as 23
fixed by the sentencing court. 24
Example-- 25
A vicious lawless associate is sentenced to 5 years imprisonment for a 26
declared offence. The vicious lawless associate is an office bearer in an 27
association and the declared offence was done for the purposes of the 28
association. So the further sentences imposed on the associate total 25 29
years. The sentencing court fixes a parole eligibility date for the base 30
sentence as a date 3 years in the future resulting in a notional parole 31
eligibility date under this subsection. Under subsection (2), for this Act 32
and the Corrective Services Act 2006, the associate's parole eligibility 33
date for the period of imprisonment is a date 28 years in the future. 34
(4) In this section-- 35
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Vicious Lawless Association Disestablishment Bill 2013
[s 9]
period of imprisonment see the Penalties and Sentences Act 1
1992, section 4. 2
9 Cooperation with law enforcement authorities to be taken 3
into account 4
(1) Despite section 7(2) but subject to subsection (2), the 5
Penalties and Sentences Act 1992, section 13A applies to an 6
offender liable to be sentenced as a vicious lawless associate. 7
(2) For the Penalties and Sentences Act 1992, section 13A, an 8
offender is taken to have undertaken to cooperate with law 9
enforcement agencies in a proceeding about an offence if and 10
only if-- 11
(a) the offender has offered in writing to cooperate with law 12
enforcement agencies in a proceeding about a declared 13
offence; and 14
(b) the offer has been accepted in writing by the 15
commissioner of the police service. 16
(3) When deciding whether to accept an offer of cooperation, the 17
commissioner must be satisfied that the cooperation will be of 18
significant use in a proceeding about a declared offence. 19
(4) The Judicial Review Act 1991, part 4 does not apply to the 20
commissioner's decision. 21
(5) Subject to subsection (6), the decision-- 22
(a) is final and conclusive; and 23
(b) can not be challenged, appealed against, reviewed, 24
quashed, set aside or called in question in any other way 25
under the Judicial Review Act 1991 or otherwise 26
(whether by the Supreme Court, another court, a tribunal 27
or another entity); and 28
(c) is not subject to any declaratory, injunctive or other 29
order of the Supreme Court, another court, a tribunal or 30
another entity on any ground. 31
(6) The Judicial Review Act 1991, part 5 applies to the decision to 32
the extent it is affected by jurisdictional error. 33
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Vicious Lawless Association Disestablishment Bill 2013
[s 10]
(7) To remove any doubt, it is declared that section 8(1) does not 1
apply to an offender whose offer to cooperate with law 2
enforcement agencies in a proceeding about an offence is 3
accepted by the commissioner under subsection (2). 4
(8) In this section-- 5
decision includes a decision or conduct leading up to or 6
forming part of the process of making a decision. 7
10 Regulation-making power 8
The Governor in Council may make regulations declaring 9
offences for the purposes of this Act. 10
11 Act to be reviewed 11
(1) The Minister must review this Act as soon as reasonably 12
practicable after 3 years after its commencement. 13
(2) The objects of the review include deciding whether the Act is 14
operating effectively and meeting its objects. 15
(3) The Minister must appoint an appropriately qualified person 16
to undertake the review. 17
(4) The Minister must, as soon as practicable after finishing the 18
review, table a report about the outcome of the review in the 19
Legislative Assembly. 20
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Vicious Lawless Association Disestablishment Bill 2013
Schedule 1
Schedule 1 Declared offences 1
section 3, definition declared offence 2
Corrective Services Act 2006 3
· section 122(2) (Unlawful assembly, riot and mutiny) 4
Criminal Code 5
· section 61 (Riot), if the offence is committed in 6
circumstances rendering the offender liable to 7
imprisonment for 7 years or more 8
· section 72 (Affray) 9
· section 119B (Retaliation against or intimidation of 10
judicial officer, juror, witness etc.) 11
· section 140 (Attempting to pervert justice) 12
· section 141 (Aiding persons to escape from lawful 13
custody) 14
· section 208 (Unlawful sodomy) 15
· section 210 (Indecent treatment of children under 16) 16
· section 213 (Owner etc. permitting abuse of children on 17
premises) 18
· section 215 (Carnal knowledge with or of children under 19
16) 20
· section 216 (Abuse of persons with an impairment of 21
the mind) 22
· section 217 (Procuring young person etc. for carnal 23
knowledge) 24
· section 218 (Procuring sexual acts by coercion etc.) 25
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Vicious Lawless Association Disestablishment Bill 2013
Schedule 1
· section 219 (Taking child for immoral purposes) 1
· section 222 (Incest) 2
· section 228 (Obscene publications and exhibitions), if 3
section 228(2) or (3) applies 4
· section 228A (Involving child in making child 5
exploitation material) 6
· section 228B (Making child exploitation material) 7
· section 228C (Distributing child exploitation material) 8
· section 228D (Possessing child exploitation material) 9
· section 229B (Maintaining a sexual relationship with a 10
child) 11
· section 229G (Procuring engagement in prostitution) 12
· section 229H (Knowingly participating in provision of 13
prostitution) 14
· section 229HB (Carrying on business of providing 15
unlawful prostitution) 16
· section 229K (Having an interest in premises used for 17
prostitution etc.) 18
· section 229L (Permitting young person etc. to be at 19
place used for prostitution) 20
· sections 302 (Definition of murder) and 305 21
(Punishment of murder) 22
· sections 303 (Definition of manslaughter) and 310 23
(Punishment of manslaughter) 24
· section 306 (Attempt to murder) 25
· section 307 (Accessory after the fact to murder) 26
· section 308 (Threats to murder in document) 27
· section 309 (Conspiring to murder) 28
· section 315 (Disabling in order to commit indictable 29
offence) 30
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Vicious Lawless Association Disestablishment Bill 2013
Schedule 1
· section 316 (Stupefying in order to commit indictable 1
offence) 2
· section 317 (Acts intended to cause grievous bodily 3
harm and other malicious acts) 4
· section 320 (Grievous bodily harm) 5
· section 320A (Torture) 6
· section 321 (Attempting to injure by explosive or 7
noxious substances) 8
· section 321A (Bomb hoaxes) 9
· section 322 (Administering poison with intent to harm) 10
· section 323 (Wounding) 11
· section 327 (Setting mantraps) 12
· section 328A(4) (Dangerous operation of a vehicle) 13
· section 339 (Assaults occasioning bodily harm) 14
· section 340 (Serious assaults) 15
· section 346 (Assaults in interference with freedom of 16
trade or work) 17
· section 349 (Rape) 18
· section 350 (Attempt to commit rape) 19
· section 351 (Assault with intent to commit rape) 20
· section 352 (Sexual assaults) 21
· section 354 (Kidnapping) 22
· section 354A (Kidnapping for ransom) 23
· section 359E (Punishment of unlawful stalking) 24
· section 398 (Punishment of stealing), if item 14 25
(Stealing firearm for use in another indictable offence) 26
or 15 (Stealing firearm or ammunition) applies 27
· section 411(1) (Punishment of robbery) 28
· section 411(2) (Punishment of robbery) 29
· section 412 (Attempted robbery) 30
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Vicious Lawless Association Disestablishment Bill 2013
Schedule 1
· section 415 (Extortion) 1
· section 419(1) (Burglary), if section 419(3) or (4) 2
applies 3
· section 433(1)(b) (Receiving tainted property) 4
Criminal Proceeds Confiscation Act 2002 5
· section 250 (Money laundering) 6
Drugs Misuse Act 1986 7
· section 5 (Trafficking in dangerous drugs) 8
· section 6 (Supplying dangerous drugs) 9
· section 7 (Receiving or possessing property obtained 10
from trafficking or supplying) 11
· section 8 (Producing dangerous drugs) 12
· section 9 (Possessing dangerous drugs) 13
Weapons Act 1990 14
· section 50(1) (Possession of weapons), if the offence is 15
committed in circumstances rendering the offender 16
liable to imprisonment for 7 years or more 17
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Vicious Lawless Association Disestablishment Bill 2013
Schedule 1
· section 50B(1) (Unlawful supply of weapons), if the 18
offence is committed in circumstances rendering the 19
offender liable to imprisonment for 7 years or more 20
· section 65(1) (Unlawful trafficking in weapons) 21
© State of Queensland 2013
Authorised by the Parliamentary Counsel
Page 15
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