1 Short title

This Act may be cited as the Youth Justice and Other Legislation Amendment Act 2021.

2 Act amended

This part amends the Penalties and Sentences Act 1992.

3 Amendment of s 179K (Giving details of impact of crime on victim during sentencing)

Section 179K (3), note, ‘ section 150 (1) (h) ’—

omit, insert—

section 150(1)(j)

4 Act amended

This part amends the Police Powers and Responsibilities Act 2000.

5 Amendment of s 30 (Prescribed circumstances for searching persons without warrant)

Section 30 (1) —

insert—

(l) the person has failed to comply with a requirement under section 39C or 39D(2) of a police officer.

6 Insertion of new ch 2, pt 3A

Chapter 2 —

insert—

7 Amendment of s 69A (Meaning of type 1 and type 2 vehicle related offences)

Section 69A (1) (b) —

omit, insert—

(b) an evasion offence.

8 Amendment of ch 22, hdg (Provisions about evading police officers)

Chapter 22, heading, ‘evading police officers’—

omit, insert—

type 1 vehicle related offences

9 Amendment of s 746 (Purpose of chapter)

(1) Section 746 (1) —omit, insert—

(1) The purpose of this chapter is to enhance community safety by—

(a) reducing the need for police officers to use a police service motor vehicle to pursue another motor vehicle if the driver fails to stop when directed; and

(b) helping police officers investigate type 1 vehicle related offences.

(2) Section 746 (2) (b), ‘evasion offences’—omit, insert—type 1 vehicle related offences

10 Amendment of s 747 (Definitions for ch 22)

(1) Section 747, heading, ‘ch 22’—omit, insert—chapter

(2) Section 747, definition evasion offence —omit.

(3) Section 747, definition nominated person, ‘an evasion offence’—omit, insert—a type 1 vehicle related offence

(4) Section 747, definition nominated person, ‘the evasion offence’—omit, insert—the type 1 vehicle related offence

11 Amendment of s 754 (Evasion offence)

(1) Section 754 (4) —omit.

(2) Section 754 (5) to (8) —renumber as section 754 (4) to (7).

12 Amendment of ch 22, pt 2, div 2, hdg (Matters about investigation of evasion offence)

Chapter 22, part 2, division 2, heading, ‘evasion offence’—

omit, insert—

type 1 vehicle related offences

13 Amendment of s 755 (When evasion offence notice may be given to owner of motor vehicle involved in offence)

(1) Section 755, heading, ‘evasion offence notice’—omit, insert—type 1 vehicle related offence notice

(2) Section 755 (1), ‘an evasion offence’—omit, insert—a type 1 vehicle related offence

(3) Section 755 (2), ‘an "evasion offence notice" ’—omit, insert—a "type 1 vehicle related offence notice"

(4) Section 755 (3) and (4), ‘evasion offence notice’—omit, insert—type 1 vehicle related offence notice

(5) Section 755 (3) and (6), ‘the evasion offence’—omit, insert—the type 1 vehicle related offence

14 Amendment of s 755A (Information to be stated in statutory declaration responding to evasion offence notice)

(1) Section 755A, heading, ‘evasion offence notice’—omit, insert—type 1 vehicle related offence notice

(2) Section 755A (1), ‘an evasion offence notice’—omit, insert—a type 1 vehicle related offence notice

(3) Section 755A (1), ‘in an evasion offence’—omit, insert—in a type 1 vehicle related offence

(4) Section 755A (2), (3) and (4), ‘evasion offence’—omit, insert—type 1 vehicle related offence

15 Amendment of s 756 (Who may be prosecuted for evasion offence if no response to evasion offence notice)

(1) Section 756, heading, from ‘for’—omit, insert—for type 1 vehicle related offence if no response to type 1 vehicle related offence notice

(2) Section 756 (1) (a), ‘an evasion offence notice’—omit, insert—a type 1 vehicle related offence notice

(3) Section 756 (2), (4) and (9), ‘evasion offence’—omit, insert—type 1 vehicle related offence

(4) Section 756 (7) (b), ‘evasion offence notice’—omit, insert—type 1 vehicle related offence notice

(5) Section 756 —insert—

(7A) Subsection (9) applies for a proceeding mentioned in subsection (4) for a type 1 vehicle related offence that is an offence against the Criminal Code, section 328A.

(7B) The court may grant leave to the person to rely on evidence in the defence that is information the person was required to include in a statutory declaration under section 755A, even if the person has not complied with subsection (5)(a), if the interests of justice require that the person be able to rely on the evidence.

(6) Section 756 (8) and (10), ‘ Subsection (9) ’—omit, insert—Subsection (11)

(7) Section 756 (11), definition relevant evasion offence —omit, insert—

"relevant type 1 vehicle related offence" means the type 1 vehicle related offence to which the type 1 vehicle related offence notice relates.

(8) Section 756 (7A) to (11) —renumber as section 756 (8) to (13).

16 Amendment of s 757 (Evidentiary provision)

(1) Section 757 (1) and (4), ‘an evasion offence’—omit, insert—a type 1 vehicle related offence

(2) Section 757 (3), ‘evasion offence’—omit, insert—type 1 vehicle related offence

17 Insertion of new ch 24, pt 22

Chapter 24 —

insert—

18 Amendment of sch 6 (Dictionary)

(1) Schedule 6, definitions "corresponding law", "evasion offence" and "owner" —omit.

(2) Schedule 6 —insert—

"Broadbeach CBD safe night precinct", for chapter 2, part 3A, see section 39A.

"corresponding law" —

(a) for chapter 22—see section 747; or

(b) generally—means a law of another State or the Commonwealth, declared under a regulation to be a law corresponding with this Act or a stated provision of it, whether that provision relates to—

(i) forensic procedures; or

(ii) the acquisition or use of assumed identities; or

(iii) the conduct of controlled operations; or

(iv) the use of surveillance devices; or

(v) another matter for which this Act expressly authorises the doing of something in relation to a jurisdiction for which there is a corresponding law for the purpose.

"evasion offence" means an offence against section 754(2).

"nominated person", in relation to a type 1 vehicle related offence, for chapter 22, see section 747.

"owner", of a motor vehicle—

(a) for chapter 4, includes—

(i) a person in whose name the vehicle is registered under a transport Act or a corresponding law, within the meaning of the Road Use Management Act, schedule 4, of another State; and

(ii) a holder of a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth); or

(b) for chapter 22—see section 747.

"prescribed area", for chapter 2, part 3A, see section 39A.

"Surfers Paradise CBD safe night precinct", for chapter 2, part 3A, see section 39A.

"type 1 vehicle related offence notice" see section 755(2).

(3) Schedule 6, definition enforcement act, paragraph (a) —insert—

(iia) by requiring the person to do either of the following—

(A) stop and submit, or resubmit, to the use of a hand held scanner in relation to the person under chapter 2, part 3A;

(B) produce a thing that may be causing a hand held scanner to indicate the presence or likely presence of metal under chapter 2, part 3A; or

(4) Schedule 6, definition search —insert—

(d) does not include the use of a hand held scanner, in relation to a person, under chapter 2, part 3A.

(5) Schedule 6, definition use, before paragraph (a) —insert—

(aa) of a hand held scanner, in relation to a person, for chapter 2, part 3A, see section 39B; or

19 Act amended

This part amends the Youth Justice Act 1992.

20 Amendment of s 48 (Releasing children in custody in connection with a charge of an offence)

Section 48 (2), note 1, after ‘48AE’—

insert—

, 48AF

21 Amendment of s 48AA (Matters to be considered in making particular decisions about release and bail)

(1) Section 48AA (1) —insert—

(d) whether the child has shown cause under section 48AF(2) why the child’s detention in custody is not justified.

(2) Section 48AA (1) (ba) to (d) —renumber as section 48AA (1) (c) to (e).

(3) Section 48AA (4) (a) —insert—

(va) whether a parent of the child, or another person, has indicated a willingness to the court or police officer that the parent or other person will do any of the following things—

(A) support the child to comply with the conditions imposed on a grant of bail;

(B) notify the chief executive or a police officer of a change in the child’s personal circumstances that may affect the child’s ability to comply with the conditions imposed on a grant of bail;

(C) notify the chief executive or a police officer of a breach of the conditions imposed on a grant of bail;

(4) Section 48AA (4) (a) (va) to (vii)—renumber as section 48AA (4) (a) (vi) to (viii).

(5) Section 48AA (4) (b), ‘ subsection (1) (c) ’—omit, insert—subsection (1)(d)

(6) Section 48AA (7) —omit, insert—

(7) The court or police officer must not decide there is an unacceptable risk of a matter mentioned in section 48AAA(2) or (3), or to refuse to release a child from custody, solely because 1 or both of the following apply—

(a) the child has no apparent family support;

(b) the child will not have accommodation, or adequate accommodation, on release from custody.

(7) Section 48AA (6) to (8) —renumber as section 48AA (5) to (7).

22 Amendment of s 48AC (Representatives of community justice groups must advise of particular matters)

Section 48AC (1), ‘ section 48AA (4) (a) (vi) ’—

omit, insert—

section 48AA(4)(a)(vii)

23 Amendment of s 48AE (Releasing children whose safety is endangered because of offence)

Section 48AE (3) (a) and (b) —

omit, insert—

(a) the child has no apparent family support; or

(b) the child will not have accommodation, or adequate accommodation, on release from custody.

24 Insertion of new s 48AF

After section 48AE —

insert—

48AF Releasing children charged with prescribed indictable offence committed while on release

(1) This section applies in relation to a child in custody in connection with a charge of a prescribed indictable offence if the offence is alleged to have been committed—

(a) while the child was released into the custody of a parent, or at large with or without bail, between the day of the child’s apprehension and the day of the child’s committal for trial for another indictable offence; or

(b) while the child was awaiting trial, or sentencing, for another indictable offence.

(2) A court or police officer must refuse to release the child from custody unless the child shows cause why the child’s detention in custody is not justified.

(3) If a court releases the child, the order releasing the child must state the reasons for the decision.

(4) If a police officer releases the child, the police officer must make a record of the reasons for the decision.

25 Amendment of s 52A (Other conditions of release on bail)

(1) Section 52A (5), ‘The court or police officer’—omit, insert—A police officer

(2) Section 52A (5) —insert—
[Note: See also section 52AA.]

26 Insertion of new s 52AA

After section 52A —

insert—

52AA Court may impose tracking device condition

(1) A court may, under section 52A(2), impose on a grant of bail to a child a condition that the child must wear a tracking device while released on bail (a "tracking device condition") if—

(a) the child is at least 16 years; and

(b) the offence in relation to which bail is being granted is a prescribed indictable offence; and

(c) the child has previously been found guilty of at least 1 indictable offence; and

(d) the court is in a geographical area prescribed by regulation; and

(e) the child lives in a geographical area prescribed by regulation; and

(f) the court is satisfied, in addition to being satisfied of the matters mentioned in section 52A(2), that imposing the tracking device condition is appropriate having regard to the following matters—

(i) whether the child has the capacity to understand the condition and any conditions under subsection (2);

(ii) whether the child is likely to comply with the condition and any conditions under subsection (2) having regard to the personal circumstances of the child;
[Note:

• whether the child has stable accommodation

• whether the child has the support of a parent or another person to assist with compliance with the conditions

• whether the child has access to a mobile phone to facilitate contact with any tracking device monitoring service

• whether the child has access to an electricity supply

]

(iii) whether a parent of the child, or another person, has indicated a willingness to the court to do any of the things mentioned in section 48AA(4)(a)(vi);

(iv) any other matter the court considers relevant.
[Note: See the Human Rights Act 2019, sections 19, 22, and 25 to 28.]

(2) If bail for a child is subject to a tracking device condition, the court may impose any other condition the court considers necessary to facilitate the operation of the tracking device.
[Note:

• a condition that requires the child to attend at a stated place to be fitted with the tracking device

• a condition that requires the child to take stated and other reasonable steps to ensure the tracking device and any equipment necessary for the operation of the tracking device are, or remain, in good working order

• a condition that requires the child to permit a police officer to enter stated premises to install equipment necessary for the operation of the tracking device

• a condition that requires the child to permit a police officer to take stated and other reasonable steps to ensure the tracking device and any equipment necessary for the operation of the tracking device are, or remain, in good working order

• a condition that requires the child to comply with a direction given by a police officer that is reasonably necessary for the operation of the tracking device

]

(3) A court, before it imposes on a grant of bail to a child a tracking device condition, must order the chief executive to give to the court a report (a "suitability assessment report") containing the chief executive’s opinion about the child’s suitability for a tracking device condition having regard to the matters mentioned in subsection (1)(f).

(4) If the court makes an order under subsection (3), the chief executive must give the court the suitability assessment report—

(a) within the period stated by the court under subsection (3); or

(b) if no period has been stated by the court—as soon as practicable after the order is made.

(5) The court must consider a suitability assessment report given to the court under subsection (4).

(6) If the court, under section 52A(2), imposes on a grant of bail to a child a tracking device condition and other conditions under subsection (2), the chief executive must make all necessary and convenient arrangements to ensure the imposition of the conditions.

(7) The chief executive may, for the performance of the chief executive’s function under subsection (6)—

(a) ask the commissioner of the police service to fit the tracking device to, or remove the tracking device from, the child; and

(b) ask the chief executive (corrective services) to do any of the following—

(i) remotely monitor the tracking device;

(ii) contact the child on a mobile phone in relation to an alert or notification from the tracking device;

(iii) give information relating to alerts and notifications from the tracking device to the chief executive and the commissioner of the police service.

(8) The commissioner of the police service and the chief executive (corrective services) must comply with a request under subsection (7).

(9) The chief executive (corrective services) may delegate a function requested under subsection (7)(b) to a corrective services officer.

(10) This section expires 2 years after the commencement.

(11) In this section—

"function" includes a power.

27 Amendment of s 59B (Definitions for part)

Section 59B, definition corrective services officer —

omit.

28 Amendment of s 59E (Proper officer of a court may ask for help to perform functions)

Section 59E (4) —

omit.

29 Amendment of s 150 (Sentencing principles)

(1) Section 150 (1) —insert—

(ea) the presence of any aggravating or mitigating factor concerning the child; and

(eb) without limiting paragraph (f), whether the child committed the offence—

(i) while released into the custody of a parent, or at large with or without bail, for another offence; or

(ii) after being committed for trial, or awaiting trial or sentencing, for another offence; and

(2) Section 150 (1) (ea) to (k) —renumber as section 150 (1) (f) to (m).

(3) Section 150 (4), ‘ subsection (1) (g) ’—omit, insert—subsection (1)(i)

30 Amendment of s 289 (Recording, use or disclosure for authorised purpose)

(1) Section 289 (c) (i), ‘ section 48AA (4) (a) (vi) ’—omit, insert—section 48AA(4)(a)(vii)

(2) Section 289 (c) (ii), ‘ section 150 (1) (g) ’—omit, insert—section 150(1)(i)

(3) Section 289 —insert—

(ca) if the person is the chief executive (corrective services) or a person to whom a function has been delegated under section 52AA(9)—for the purpose of performing a function under section 52AA(7)(b)(iii); or

(4) Section 289 —insert—

(2) Subsection (1)(ca) and this subsection expire 2 years after the commencement.

31 Amendment of s 301A (Protection from liability)

(1) Section 301A (1) (b) (i), ‘ section 48AA (4) (a) (vi) ’—omit, insert—section 48AA(4)(a)(vii)

(2) Section 301A (1) (b) (ii), ‘ section 150 (1) (g) ’—omit, insert—section 150(1)(i)

32 Insertion of new pt 11, div 19

Part 11 —

insert—

33 Amendment of sch 1 (Charter of youth justice principles)

Schedule 1, item 1, after ‘offences’—

insert—

and, in particular, recidivist high-risk offenders

34 Amendment of sch 4 (Dictionary)

(1) Schedule 4, definitions "corrective services officer" and "tracking device" —omit.

(2) Schedule 4 —insert—

"chief executive (corrective services)" means the chief executive of the department in which the Correctives Services Act 2006 is administered.

"corrective services officer" see the Corrective Services Act 2006, schedule 4.

"prescribed indictable offence" means—

(a) a life offence; or

(b) an offence of a type that, if committed by an adult, would make the adult liable to imprisonment for 14 years or more, other than an offence against the Drugs Misuse Act 1986, section 9(1) for which the maximum penalty is 15 years imprisonment; or

(c) an offence against any of the following provisions of the Criminal Code —

(i) section 315A;

(ii) section 323;

(iii) section 328A;

(iv) section 339;

(v) section 408A(1), if the offence involves a motor vehicle and the child charged with the offence was allegedly the driver of the motor vehicle;

(vi) section 408A(1A) or (1B);

(vii) section 412.

"tracking device" means an electronic device capable of being worn, and not removed, by a person for the purpose of the chief executive, the Queensland Police Service, or the chief executive (corrective services), finding or monitoring the geographical location of the person.

© State of Queensland 2021