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Queensland
Aboriginal and Torres Strait
Islander Communities
(Justice, Land and Other
Matters) and Other Acts
Amendment Bill 2008
Queensland
Aboriginal and Torres Strait Islander
Communities (Justice, Land and Other
Matters) and Other Acts Amendment Bill
2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Aboriginal and Torres Strait Islander
Communities (Justice, Land and Other Matters) Act 1984
3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 3 (Savings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Replacement of s 19 (Functions and powers) . . . . . . . . . . . . . . . 8
19 Functions and powers . . . . . . . . . . . . . . . . . . . . . . . . 8
7 Amendment of s 22 (Coordinator) . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Omission of s 24 (Protection of members from civil liability) . . . . 9
9 Amendment of s 27 (Definitions for pt 5) . . . . . . . . . . . . . . . . . . . 9
10 Replacement of pt 5, divs 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 2 Dry places
28 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
29 Notice about declaration at premises . . . . . . . . . . . . . 11
30 Notice about declaration at police station or on
community noticeboard . . . . . . . . . . . . . . . . . . . . . . . 12
31 Suspension of declaration . . . . . . . . . . . . . . . . . . . . . 12
32 Revocation of declaration . . . . . . . . . . . . . . . . . . . . . . 13
33 Effect of declaration of premises as a dry place. . . . . 14
34 Possession or consumption of alcohol in or on
dry place .............................. 14
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Contents
35 False or misleading statements . . . . . . . . . . . . . . . . . 14
36 False or misleading documents . . . . . . . . . . . . . . . . . 14
37 Fee not payable for application. . . . . . . . . . . . . . . . . . 15
Division 3 Provisions relating to homemade alcohol
38 Offences relating to homemade alcohol . . . . . . . . . . . 15
39 Relationship with restricted areas . . . . . . . . . . . . . . . 16
11 Amendment of s 67 (Evidentiary aids) . . . . . . . . . . . . . . . . . . . . . 17
12 Amendment of s 68 (Evidence of home-brew concentrate by
label) .......................................... 17
13 Amendment of s 69 (Evidence of homemade alcohol having
regard to belief of police officer) . . . . . . . . . . . . . . . . . . . . . . . . . . 17
14 Insertion of new s 69A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
69A Protection of officials from civil liability . . . . . . . . . . . . 17
15 Amendment of s 71 (Regulation-making power) . . . . . . . . . . . . . 18
16 Insertion of new pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 11 Transitional provisions for Aboriginal and
Torres Strait Islander Communities (Justice,
Land and Other Matters) and Other Acts
Amendment Act 2008
86 Definitions for pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . 18
87 Existing declaration of a place as a dry place . . . . . . 19
88 Existing application for the declaration of a place as
a dry place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
89 Existing application for the amendment or revocation
of a declaration of a place as a dry place. . . . . . . . . . 19
90 Existing application for the suspension of a
declaration of a public place as a dry place . . . . . . . . 19
91 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
92 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 3 Amendment of Liquor Act 1992
17 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
18 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 21
19 Amendment of s 103L (Authority of restricted area permit) . . . . . 21
20 Amendment of s 106 (Who may apply for licence or permit) . . . . 22
21 Amendment of s 112 (Procedure for variation by chief executive) 22
22 Amendment of s 168B (Prohibition on possession of liquor in
restricted area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
23 Insertion of new s 168C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
168C Attempt to take liquor into restricted area. . . . . . . . . . 24
Page 2
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Contents
24 Amendment of s 173A (Definitions) . . . . . . . . . . . . . . . . . . . . . . . 26
25 Amendment of s 173B (Consumption of liquor in certain public
places prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
26 Amendment of s 173C (Local government may designate public
places where liquor may be consumed) . . . . . . . . . . . . . . . . . . . . 26
27 Amendment of s 173D (Local government must advertise
designation and place signs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
28 Insertion of pt 6A, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
29 Insertion of pt 6A, div 2 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
30 Amendment of s 173H (Declaration of prohibition of possession
of liquor in restricted area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
31 Insertion of new pt 6A, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 3 Designation of public places where liquor may
be consumed
173K Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
173L Regulation may designate public place in restricted
area where certain type of liquor may be consumed . 28
173M Notice of designation . . . . . . . . . . . . . . . . . . . . . . . . . 28
173N Suspension of designation . . . . . . . . . . . . . . . . . . . . . 29
32 Amendment of s 176 (Entry and search--monitoring
compliance) .................................. 29
33 Amendment of s 183A (Other powers of seizure) . . . . . . . . . . . . 30
34 Amendment of s 187EA (Forfeiture of seized property to prevent
commission of particular offences--investigator) . . . . . . . . . . . . . 30
35 Amendment of s 187EB (Forfeiture of seized property to prevent
commission of particular offences--chief executive) . . . . . . . . . . 30
36 Insertion of new pt 12, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Division 7 Transitional provisions for Aboriginal and
Torres Strait Islander Communities (Justice,
Land and Other Matters) and Other Acts
Amendment Act 2008
Subdivision 1 General licence held by a local government,
corporatised corporation or relevant public
sector entity, other than the Torres Strait Island
Regional Council
276 Definitions for sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 31
277 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 31
278 Lapsing of relevant licence . . . . . . . . . . . . . . . . . . . . . 31
279 Continuation of relevant licence . . . . . . . . . . . . . . . . . 32
280 Application for the transfer of a relevant licence . . . . . 33
Page 3
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Contents
281 No further application for the transfer of a relevant
licence ................................ 33
Subdivision 2 General licence held by the Torres Strait Island
Regional Council
282 Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 33
283 Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 33
284 Lapsing of relevant licence . . . . . . . . . . . . . . . . . . . . . 34
285 Continuation of relevant licence . . . . . . . . . . . . . . . . . 34
286 Application for the transfer of a relevant licence . . . . . 35
287 No further application for the transfer of a relevant
licence ................................ 35
Part 4 Amendment of Local Government (Aboriginal Lands) Act
1978
37 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
38 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 36
39 Omission of s 11 (Special accounting provision for particular
payments) ...................................... 36
Part 5 Amendment of Local Government Act 1993
40 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
41 Omission of s 159ZZZF (Special accounting provision for
particular payments). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Part 6 Amendment of Local Government (Community Government
Areas) Act 2004
42 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
43 Omission of s 40 (Special accounting provision for particular
payments) ...................................... 37
Part 7 Amendment of Police Powers and Responsibilities Act 2000
44 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
45 Amendment of s 30 (Prescribed circumstances for searching
persons without warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
46 Amendment of s 53 (Prevention of particular offences relating to
liquor) ......................................... 38
47 Amendment of s 60 (Stopping vehicles for prescribed purposes) 38
48 Amendment of s 135 (Stopping animals for prescribed purposes) 38
49 Amendment of s 159 (Application of pt 2) . . . . . . . . . . . . . . . . . . 39
Part 8 Repeal of Indigenous Communities Liquor Licences Act
2002
50 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Schedule Minor amendments of Aboriginal and Torres Strait Islander
Communities (Justice, Land and Other Matters) Act 1984 . . 40
Page 4
2008
A Bill
for
An Act to amend the Aboriginal and Torres Strait Islander
Communities (Justice, Land and Other Matters) Act 1984, the
Liquor Act 1992, the Local Government (Aboriginal Lands) Act
1978, the Local Government Act 1993, the Local Government
(Community Government Areas) Act 2004 and the Police
Powers and Responsibilities Act 2000 for particular purposes,
and to repeal the Indigenous Communities Liquor Licences Act
2002
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
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 Aboriginal and Torres Strait 4
Islander Communities (Justice, Land and Other Matters) and 5
Other Acts Amendment Act 2008. 6
Clause 2 Commencement 7
This Act, other than section 36, commences on 1 July 2008. 8
Part 2 Amendment of Aboriginal and 9
Torres Strait Islander 10
Communities (Justice, Land 11
and Other Matters) Act 1984 12
Clause 3 Act amended in pt 2 and schedule 13
This part and the schedule amend the Aboriginal and Torres 14
Strait Islander Communities (Justice, Land and Other 15
Matters) Act 1984. 16
Clause 4 Amendment of s 3 (Savings) 17
Section 3(3) to (7)-- 18
omit. 19
Page 6
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 5]
Clause 5 Amendment of s 4 (Definitions) 1
(1) Section 4, definitions appealable decision, canteen, closing 2
day for objections and submissions, commencement, 3
community area, community council, entity, private place and 4
public place-- 5
omit. 6
(2) Section 4-- 7
insert-- 8
`clerk of the court, for a community area, means the clerk of 9
the court of the Magistrates Court having jurisdiction for the 10
area. 11
commencement-- 12
(a) for part 9--see section 72; and 13
(b) for part 11--see section 86. 14
community area means-- 15
(a) a community government area; or 16
(b) the Shire of Aurukun or Mornington; or 17
(c) an IRC area, a part of an IRC area, or an IRC division 18
area; or 19
(d) another area prescribed under a regulation. 20
post-amended Act, for part 11, see section 86. 21
pre-amended Act, for part 11, see section 86. 22
residential premises, for part 5, see section 27. 23
tenant, for part 5, see section 27.'. 24
(3) Section 4, definition liquor provisions, paragraph (a), `35'-- 25
omit, insert-- 26
`34'. 27
(4) Section 4, definition member, `, for parts 4 and 5,'-- 28
omit. 29
Page 7
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 6]
Clause 6 Replacement of s 19 (Functions and powers) 1
Section 19-- 2
omit, insert-- 3
`19 Functions and powers 4
`(1) The community justice group for a community area has the 5
following functions-- 6
(a) taking part in court hearings and sentencing and bail 7
processes as provided for in the Bail Act 1980, the 8
Juvenile Justice Act 1992 and the Penalties and 9
Sentences Act 1992; 10
(b) developing networks with relevant agencies to ensure 11
crime prevention, justice, community corrections and 12
related issues impacting on indigenous communities are 13
addressed; 14
(c) supporting indigenous victims and offenders at all 15
stages of the legal process; 16
(d) making recommendations to the Minister administering 17
the Liquor Act 1992, part 6A, about declarations under 18
that part; 19
(e) carrying out other functions given to it under this or 20
another Act. 21
`(2) The group has power to do all things reasonably necessary to 22
be done for performing its functions. 23
`(3) Without limiting subsection (2), the group has the powers 24
conferred on it by this or another Act.'. 25
Clause 7 Amendment of s 22 (Coordinator) 26
Section 22(3)(a), example-- 27
omit. 28
Page 8
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 8]
Clause 8 Omission of s 24 (Protection of members from civil 1
liability) 2
Section 24-- 3
omit. 4
Clause 9 Amendment of s 27 (Definitions for pt 5) 5
(1) Section 27, definitions appealable decision, closing day for 6
objections and submissions, entity, private place and public 7
place-- 8
omit. 9
(2) Section 27-- 10
insert-- 11
`residential premises see the Residential Tenancies Act 1994, 12
section 6. 13
tenant, of residential premises, means-- 14
(a) if the premises are let under the Residential Tenancies 15
Act 1994--the tenant, of the premises, within the 16
meaning of that term in section 9(1) of that Act; or 17
(b) if the premises are let under the Aboriginal Land Act 18
1991, or the Torres Strait Islander Land Act 1991, for 19
private residential purposes, and are occupied by the 20
lessee of the premises--the lessee of the premises; or 21
(c) if the premises are not let, and are occupied by the 22
owner of the premises--the owner of the premises.'. 23
(3) Section 27, definition dry place, `a place'-- 24
omit, insert-- 25
`residential premises'. 26
(4) Section 27, definition prescribed community area, `45'-- 27
omit, insert-- 28
`38(3)'. 29
Page 9
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 10]
Clause 10 Replacement of pt 5, divs 26 1
Part 5, divisions 2 to 6-- 2
omit, insert-- 3
`Division 2 Dry places 4
`28 Declaration 5
`(1) The tenant of residential premises in a community area may 6
apply to the clerk of the court for the area for a declaration 7
that the premises are a dry place. 8
`(2) The application must-- 9
(a) be in writing; and 10
(b) be accompanied by documentary evidence that the 11
applicant is the tenant of the premises. 12
`(3) If the premises have 2 or more tenants, the application must be 13
jointly made by both or all the tenants. 14
`(4) The clerk must as soon as practicable consider the application, 15
and make the declaration if the clerk is satisfied-- 16
(a) the applicant is the tenant of the premises; and 17
(b) if the premises have 2 or more tenants--the application 18
is jointly made by both or all the tenants. 19
`(5) If the clerk makes the declaration, the clerk must give written 20
notice of the declaration to each of the following-- 21
(a) the applicant; 22
(b) the Queensland Police Service. 23
`(6) The declaration takes effect once notice of the declaration is 24
first displayed under section 29. 25
`(7) Subject to sections 31 and 32, the declaration remains in 26
force-- 27
(a) if the application is made by a person mentioned in 28
paragraph (a) of the definition tenant in section 29
27--indefinitely and regardless of a change in the 30
Page 10
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 10]
tenant, of the premises, within the meaning of that term 1
in the Residential Tenancies Act 1994, section 9(1); or 2
(b) if the application is made by a person mentioned in 3
paragraph (b) of the definition tenant in section 27, 4
while the premises continue to be-- 5
(i) let under the Aboriginal Land Act 1991, or the 6
Torres Strait Islander Land Act 1991, for private 7
residential purposes; and 8
(ii) occupied by the applicant; or 9
(c) if the application is made by a person mentioned in 10
paragraph (c) of the definition tenant in section 27, 11
while the premises continue-- 12
(i) not to be let; and 13
(ii) to be occupied by the applicant. 14
`(8) If the clerk refuses to make the declaration, the clerk must 15
give the applicant written notice of the refusal and the reason 16
for the refusal. 17
`29 Notice about declaration at premises 18
`(1) If residential premises in a community area are declared as a 19
dry place, the tenant of the premises must display a notice of 20
the declaration at or near each entrance to the premises while 21
the declaration is in force. 22
`(2) The notice must-- 23
(a) sufficiently identify the premises; and 24
(b) state that the declaration takes effect once notice of the 25
declaration is first displayed under this section; and 26
(c) state in general terms the effect of section 34 and the 27
penalty for a contravention of the section. 28
`(3) A failure to continue to display a notice of the declaration 29
under this section does not affect a person's liability to be 30
convicted of an offence against section 34. 31
Page 11
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 10]
`30 Notice about declaration at police station or on 1
community noticeboard 2
`(1) If residential premises in a community area are declared as a 3
dry place and there is a police station in the area, the police 4
officer in charge of the station must display a notice of the 5
declaration in a publicly accessible part of the station while 6
the declaration is in force. 7
`(2) If residential premises in a community area are declared as a 8
dry place and there is no police station in the area, the police 9
officer in charge of the police station servicing the area must 10
display a notice of the declaration on a community 11
noticeboard in the area while the declaration is in force. 12
`(3) The notice mentioned in subsection (1) or (2) must-- 13
(a) sufficiently identify the premises; and 14
(b) state in general terms the effect of section 34 and the 15
penalty for a contravention of the section. 16
`(4) A failure to display a notice of the declaration under this 17
section does not affect a person's liability to be convicted of 18
an offence against section 34. 19
`31 Suspension of declaration 20
`(1) The tenant of residential premises in a community area may 21
apply to the clerk of the court for the area to suspend the 22
declaration of the premises as a dry place for a period (the 23
suspension period) of not more than 7 days. 24
`(2) The application must-- 25
(a) state the suspension period; and 26
(b) be made at least 3 days before the start of the suspension 27
period. 28
`(3) Section 28(2) to (5) and (8) apply, with all necessary changes, 29
to the application as if it were an application to declare 30
residential premises in a community area as a dry place. 31
Page 12
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 10]
`(4) If the declaration of residential premises in a community area 1
as a dry place is suspended under this section, the tenant of the 2
premises must display a notice detailing the suspension at or 3
near each entrance to the premises while the suspension is in 4
force. 5
`(5) The suspension takes effect once notices detailing the 6
suspension are first displayed under subsection (4). 7
`(6) If there is a police station in the area, the police officer in 8
charge of the station must display a notice detailing the 9
suspension in a publicly accessible part of the station while 10
the suspension is in force. 11
`(7) If there is no police station in the area, the police officer in 12
charge of the police station servicing the area must display a 13
notice detailing the suspension on a community noticeboard 14
in the area while the suspension is in force. 15
`32 Revocation of declaration 16
`(1) The tenant of residential premises in a community area may 17
apply to the clerk of the court for the area to revoke the 18
declaration of the premises as a dry place. 19
`(2) Section 28(2) to (5) and (8) apply, with all necessary changes, 20
to the application as if it were an application to declare 21
residential premises in a community area as a dry place. 22
`(3) If the declaration of residential premises in a community area 23
as a dry place is revoked under this section, the tenant of the 24
premises must remove all notices of the declaration displayed 25
under section 29. 26
`(4) The revocation takes effect once the notices are removed 27
under subsection (3). 28
`(5) Once the revocation takes effect, the police officer in charge 29
of the relevant police station for the area must remove the 30
notice of the declaration displayed under section 30. 31
Page 13
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 10]
`33 Effect of declaration of premises as a dry place 1
`(1) This section applies if-- 2
(a) under this division, residential premises are declared as 3
a dry place (the dry place declaration); and 4
(b) the premises are in a restricted area under the Liquor Act 5
1992 to which section 168B of that Act applies because 6
of a declaration under section 173H of that Act (the 7
restricted area declaration). 8
`(2) The dry place declaration applies to the premises despite the 9
restricted area declaration. 10
`34 Possession or consumption of alcohol in or on 11
dry place 12
`A person must not in, or on, a dry place possess or consume 13
alcohol. 14
Maximum penalty--25 penalty units. 15
`35 False or misleading statements 16
`(1) A person must not state anything, under this division, to a 17
clerk of the court that the person knows is false or misleading 18
in a material particular. 19
Maximum penalty--10 penalty units. 20
`(2) In a proceeding for an offence against subsection (1), it is 21
enough to state that the statement made was, without 22
specifying which, false or misleading. 23
`36 False or misleading documents 24
`(1) A person must not give, under this division, to a clerk of the 25
court a document containing information the person knows is 26
false or misleading in a material particular. 27
Maximum penalty--10 penalty units. 28
Page 14
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 10]
`(2) Subsection (1) does not apply to a person if the person, when 1
giving the document-- 2
(a) tells the clerk, to the best of the person's ability, how it is 3
false or misleading; and 4
(b) if the person has, or can reasonably obtain, the correct 5
information--gives the correct information. 6
`(3) In a proceeding for an offence against subsection (1), it is 7
enough to state that the document was, without specifying 8
which, false or misleading. 9
`37 Fee not payable for application 10
`A fee is not payable for an application under this division-- 11
(a) to have residential premises in a community area 12
declared as a dry place; or 13
(b) to have the declaration of residential premises in a 14
community area as a dry place suspended or revoked. 15
`Division 3 Provisions relating to homemade 16
alcohol 17
`38 Offences relating to homemade alcohol 18
`(1) Subsection (2) applies if-- 19
(a) a community area or part of a community area (the part 20
community area) is, or is in, a restricted area under the 21
Liquor Act 1992 to which section 168B of that Act 22
applies because of a declaration under section 173H of 23
that Act; and 24
(b) the prescribed quantity of liquor of any type a person 25
may under that Act possess for the restricted area, other 26
than under the authority of a restricted area permit under 27
that Act, is zero. 28
Page 15
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 10]
`(2) A person must not in the community area or part community 1
area-- 2
(a) possess a home-brew kit or component of a home-brew 3
kit; or 4
(b) possess equipment, or a component of equipment, that is 5
being used, or has been used, to brew alcohol; or 6
(c) possess home-brew concentrate; or 7
(d) supply homemade alcohol to another person. 8
Maximum penalty--250 penalty units. 9
`(3) A person must not in a prescribed community area-- 10
(a) possess a home-brew kit or component of a home-brew 11
kit; or 12
(b) possess equipment, or a component of equipment, that is 13
being used, or has been used, to brew alcohol; or 14
(c) possess home-brew concentrate; or 15
(d) possess homemade alcohol; or 16
(e) supply homemade alcohol to another person. 17
Maximum penalty--250 penalty units. 18
`(4) In this section-- 19
component, of a home-brew kit, means a device that is 20
apparently intended to be part of a home-brew kit. 21
`39 Relationship with restricted areas 22
`(1) This section applies if a prescribed community area or part of 23
a prescribed community area is, or is in, a restricted area 24
under the Liquor Act 1992 to which section 168B of that Act 25
applies because of a declaration under section 173H of that 26
Act (the restricted area declaration). 27
`(2) Section 38(3)(d) applies to the whole of the prescribed 28
community area despite the restricted area declaration.'. 29
Page 16
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 11]
Clause 11 Amendment of s 67 (Evidentiary aids) 1
(1) Section 67(2), `35(1)'-- 2
omit, insert-- 3
`34'. 4
(2) Section 67(4), `35(1) or 45(b), (c), or (d)'-- 5
omit, insert-- 6
`34 or 38(2)(b), (c) or (d) or (3)(b), (c), (d) or (e)'. 7
Clause 12 Amendment of s 68 (Evidence of home-brew concentrate 8
by label) 9
Section 68(1), `45(b)'-- 10
omit, insert-- 11
`38(2)(c) or (3)(c)'. 12
Clause 13 Amendment of s 69 (Evidence of homemade alcohol 13
having regard to belief of police officer) 14
Section 69(1), `45(c) or (d)'-- 15
omit, insert-- 16
`38(2)(d) or (3)(d) or (e)'. 17
Clause 14 Insertion of new s 69A 18
After section 69-- 19
insert-- 20
`69A Protection of officials from civil liability 21
`(1) An official is not civilly liable to someone for an act done, or 22
omission made, honestly and without negligence under this 23
Act. 24
`(2) If subsection (1) prevents a civil liability attaching to the 25
official, the liability attaches instead to the State. 26
Page 17
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 15]
`(3) In this section-- 1
official means-- 2
(a) a member; or 3
(b) the clerk of the court for a community area.'. 4
Clause 15 Amendment of s 71 (Regulation-making power) 5
(1) Section 71(2)(l)-- 6
omit. 7
(2) Section 71(2)(m) to (t)-- 8
renumber as 71(2)(l) to (s). 9
Clause 16 Insertion of new pt 11 10
After section 85-- 11
insert-- 12
`Part 11 Transitional provisions for 13
Aboriginal and Torres Strait 14
Islander Communities (Justice, 15
Land and Other Matters) and 16
Other Acts Amendment Act 17
2008 18
`86 Definitions for pt 11 19
`In this part-- 20
commencement means the commencement of this section. 21
post-amended Act means this Act as in force immediately 22
after the commencement. 23
pre-amended Act means this Act as in force before the 24
commencement. 25
Page 18
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 2 Amendment of Aboriginal and Torres Strait Islander Communities (Justice, Land and
Other Matters) Act 1984
[s 16]
`87 Existing declaration of a place as a dry place 1
`A declaration, under section 28 of the pre-amended Act, of a 2
place as a dry place in force immediately before the 3
commencement stops having effect on the commencement. 4
`88 Existing application for the declaration of a place as 5
a dry place 6
`(1) This section applies to an application, under section 28 of the 7
pre-amended Act, for the declaration of a place as a dry place 8
that is not decided at the commencement. 9
`(2) The application lapses on the commencement. 10
`89 Existing application for the amendment or revocation 11
of a declaration of a place as a dry place 12
`(1) This section applies to an application, under section 28 of the 13
pre-amended Act, for the amendment or revocation of a 14
declaration of a place as a dry place that is not decided at the 15
commencement. 16
`(2) The application lapses on the commencement. 17
`90 Existing application for the suspension of a 18
declaration of a public place as a dry place 19
`(1) This section applies to an application, under section 32 of the 20
pre-amended Act, for the suspension of a declaration of a 21
public place as a dry place that is not decided at the 22
commencement. 23
`(2) The application lapses on the commencement. 24
Page 19
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 17]
`91 Appeals 1
`(1) Subsection (2) applies if-- 2
(a) a person has appealed to a Magistrates Court, under 3
section 38 of the pre-amended Act, against an 4
appealable decision; and 5
(b) the appeal has not been decided before the 6
commencement. 7
`(2) The appeal lapses on the commencement. 8
`(3) Subsection (4) applies if-- 9
(a) immediately before the commencement a person could 10
have appealed to a Magistrates Court, under section 38 11
of the pre-amended Act, against an appealable decision; 12
and 13
(b) the person has not appealed before the commencement. 14
`(4) The person may not appeal against the decision. 15
`92 Offences 16
`(1) Proceedings for an offence against part 5 of the pre-amended 17
Act may be started or continued, and the provisions of the 18
pre-amended Act necessary or convenient to be used in 19
relation to the proceedings continue to apply, as if the 20
post-amended Act had not commenced. 21
`(2) For subsection (1), the Acts Interpretation Act 1954, section 22
20 applies, but does not limit the subsection.'. 23
Part 3 Amendment of Liquor Act 1992 24
Clause 17 Act amended in pt 3 25
This part amends the Liquor Act 1992. 26
Page 20
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 18]
Clause 18 Amendment of s 4 (Definitions) 1
(1) Section 4, definitions airport and public place-- 2
omit. 3
(2) Section 4-- 4
insert-- 5
`change day-- 6
(a) for part 12, division 7, subdivision 1--see section 276; 7
and 8
(b) for part 12, division 7, subdivision 2--see section 282. 9
corporatised corporation see the Local Government Act 1993, 10
section 592. 11
designated public place, for part 6A, division 3, see section 12
173K. 13
relevant licence-- 14
(a) for part 12, division 7, subdivision 1--see section 276; 15
and 16
(b) for part 12, division 7, subdivision 2--see section 282. 17
relevant public sector entity means-- 18
(a) an entity controlled by 1, or more than 1, local 19
goverment; or 20
(b) an entity controlled by an entity mentioned in paragraph 21
(a).'. 22
(3) Section 4, definition prescribed provision, `35'-- 23
omit, insert-- 24
`34'. 25
Clause 19 Amendment of s 103L (Authority of restricted area 26
permit) 27
Section 103L(1), from `in a public place' to `quantity'-- 28
omit, insert-- 29
Page 21
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 20]
`in a restricted area more than the prescribed quantity of a 1
type'. 2
Clause 20 Amendment of s 106 (Who may apply for licence or 3
permit) 4
Section 106-- 5
insert-- 6
`(4) Also, a local government, corporatised corporation or relevant 7
public sector entity may not apply for or hold a general 8
licence.'. 9
Clause 21 Amendment of s 112 (Procedure for variation by chief 10
executive) 11
Section 112-- 12
insert-- 13
`(1A) Also, if the chief executive proposes to vary a licence relating 14
to licensed premises in a community area or part of a 15
community area that is, or is in, a restricted area, the chief 16
executive must give written notice of the proposed variation 17
to-- 18
(a) each assistant commissioner for a locality in the 19
restricted area; and 20
(b) the community justice group for the community area. 21
`(1B) An entity given a notice under subsection (1A) may, within 14 22
days, give to the chief executive written notice of objection to 23
the proposed variation.'. 24
Clause 22 Amendment of s 168B (Prohibition on possession of 25
liquor in restricted area) 26
(1) Section 168B(1), from `in a public place' to `quantity'-- 27
omit, insert-- 28
Page 22
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 22]
`in a restricted area to which this section applies because of a 1
declaration under section 173H, have in possession more than 2
the prescribed quantity of a type'. 3
(2) Section 168B(2)(b), after `carrier'-- 4
insert-- 5
`, licensee or permittee'. 6
(3) Section 168B(2)-- 7
insert-- 8
`(d) a licensee or permittee who has collected it from 9
licensed premises outside the area and is delivering it, 10
via the area, by means of a vehicle to a person at 11
premises outside the area.'. 12
(4) Section 168B-- 13
insert-- 14
`(3A) Also, subsection (1) does not apply to the possession of liquor 15
by a person, other than a carrier, licensee or permittee in 16
possession of the liquor in the ordinary course of lawful 17
business, travelling in a vehicle on a public road prescribed 18
under a regulation if-- 19
(a) the person collected the liquor from a place outside the 20
area; and 21
(b) the person is travelling with the liquor, via the area, to a 22
destination outside the area; and 23
(c) the travel is uninterrupted, other than-- 24
(i) for the person to use a public facility prescribed 25
under a regulation; or 26
(ii) because of an emergency; and 27
(d) the liquor is not removed from the vehicle while the 28
vehicle is in the area; and 29
(e) the liquor is stored in-- 30
Page 23
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 23]
(i) a container that is fixed to the vehicle and locked 1
while the vehicle is left unattended; or 2
(ii) the vehicle, that is locked while it is left 3
unattended; and 4
(f) the liquor is not visible from outside the vehicle. 5
`(3B) In a proceeding for a contravention of subsection (1), for 6
subsection (3A), the burden of proving that the liquor was 7
collected from a place outside the area and the person is 8
travelling with it, via the area, to a destination outside the area 9
is on the person alleged to have contravened subsection (1). 10
`(3C) For subsection (3B), the burden of proof is on the balance of 11
probabilities. 12
`(3D) Also, subsection (1) does not apply to the possession of 13
permitted liquor by a person at residential premises.'. 14
(5) Section 168B(6)-- 15
insert-- 16
`permitted liquor means liquor of a type that may, under the 17
regulation that makes the declaration mentioned in subsection 18
(1), be possessed in the area, other than under the authority of 19
a restricted area permit. 20
public facility means a facility for use by the public. 21
public road means a road ordinarily used by the public. 22
residential premises see the Residential Tenancies Act 1994, 23
section 6.'. 24
Clause 23 Insertion of new s 168C 25
Part 6, division 2-- 26
insert-- 27
`168C Attempt to take liquor into restricted area 28
`(1) A person must not attempt to enter a relevant restricted area if 29
the person has in possession more than the prescribed quantity 30
of a type of liquor for the area. 31
Page 24
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 23]
Maximum penalty--500 penalty units. 1
`(2) Subsection (1) does not apply to-- 2
(a) a carrier, licensee or permittee who, in the ordinary 3
course of lawful business, has collected the liquor from 4
licensed premises outside the area and is delivering it to 5
licensed premises in the area; or 6
(b) a carrier who, in the ordinary course of lawful business, 7
has collected the liquor from a person outside the area 8
and is delivering it, via the area, by means of a vehicle to 9
another person at premises outside the area; or 10
(c) a licensee or permittee who, in the ordinary course of 11
lawful business, has collected the liquor from licensed 12
premises outside the area and is delivering it, via the 13
area, by means of a vehicle to a person at premises 14
outside the area; or 15
(d) a person, other than a carrier, licensee or permittee in 16
possession of the liquor in the ordinary course of lawful 17
business, who has collected it from a place outside the 18
area and is travelling with it, via the area, to a 19
destination outside the area; or 20
(e) a person who is a permittee under a restricted area 21
permit that authorises the permittee to possess in the 22
area more than the prescribed quantity of the type of 23
liquor for the area if the quantity of that type of liquor 24
possessed by the person is not more than that allowed 25
under the permit. 26
`(3) In a proceeding for a contravention of subsection (1), for 27
subsection (2)(d), the burden of proving that the liquor was 28
collected from a place outside the area and the person is 29
travelling with it, via the area, to a destination outside the area 30
is on the person alleged to have contravened subsection (1). 31
`(4) For subsection (3), the burden of proof is on the balance of 32
probabilities. 33
`(5) In this section-- 34
carrier see section 168B(6). 35
Page 25
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 24]
relevant restricted area means a restricted area to which 1
section 168B applies because of a declaration under section 2
173H.'. 3
Clause 24 Amendment of s 173A (Definitions) 4
Section 173A, definition local government-- 5
omit. 6
Clause 25 Amendment of s 173B (Consumption of liquor in certain 7
public places prohibited) 8
Section 173B(2)-- 9
insert-- 10
`(d) if the place is, at the relevant time, designated as a 11
public place under section 173L, and the designation is 12
not suspended under section 173N.'. 13
Clause 26 Amendment of s 173C (Local government may designate 14
public places where liquor may be consumed) 15
(1) Section 173C, heading, after `government'-- 16
insert-- 17
`, other than particular local governments,'. 18
(2) Section 173C(1), after `government'-- 19
insert-- 20
`, other than a relevant local government,'. 21
(3) Section 173C-- 22
insert-- 23
`(4) In this section-- 24
relevant local government means a local government whose 25
area is, or part of whose area is in, a restricted area that is 26
declared under a regulation under section 173H to be an area 27
to which section 168B applies.'. 28
Page 26
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 27]
Clause 27 Amendment of s 173D (Local government must advertise 1
designation and place signs) 2
Section 173D(7)-- 3
omit. 4
Clause 28 Insertion of pt 6A, div 1 hdg 5
Part 6A, before section 173F-- 6
insert-- 7
`Division 1 Preliminary'. 8
Clause 29 Insertion of pt 6A, div 2 hdg 9
Before section 173G-- 10
insert-- 11
`Division 2 Declaration of, and prohibition of 12
possession of liquor in, restricted 13
areas'. 14
Clause 30 Amendment of s 173H (Declaration of prohibition of 15
possession of liquor in restricted area) 16
(1) Section 173H(2), from `quantity' to `place'-- 17
omit, insert-- 18
`quantity of a type of liquor that a person may have in 19
possession'. 20
(2) Section 173H-- 21
insert-- 22
`(3) Subject to any conditions imposed under this Act about the 23
quantity of a type of liquor that a person may have in 24
possession at licensed premises, or premises to which a permit 25
relates, in the restricted area, the prescribed quantity does not 26
apply to the premises.'. 27
Page 27
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 31]
Clause 31 Insertion of new pt 6A, div 3 1
Part 6A-- 2
insert-- 3
`Division 3 Designation of public places where 4
liquor may be consumed 5
`173K Definition for div 3 6
`In this division-- 7
designated public place means a public place designated 8
under section 173L. 9
`173L Regulation may designate public place in restricted 10
area where certain type of liquor may be consumed 11
`(1) This section applies if a restricted area is declared under a 12
regulation under section 173H to be an area to which section 13
168B applies. 14
`(2) A regulation may designate a public place in the area as a 15
public place where permitted liquor may be consumed. 16
`(3) The regulation may state the period or times during which the 17
designation is to have effect. 18
`(4) If the regulation states a period or times under subsection (3), 19
the place is a designated public place only during that period 20
or those times. 21
`(5) In this section-- 22
permitted liquor means liquor of a type that may, under the 23
regulation mentioned in subsection (1), be possessed in the 24
area, other than under the authority of a restricted area permit. 25
`173M Notice of designation 26
`(1) If a regulation designates a public place in a restricted area 27
under section 173L, the local government for the area must 28
Page 28
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 32]
display a notice about the designation at or near each entrance 1
to the place. 2
`(2) The notice must-- 3
(a) sufficiently identify the place as a designated public 4
place; and 5
(b) state the period or times, if any, during which the place 6
is a designated public place. 7
`173N Suspension of designation 8
`(1) This section applies if a regulation designates a public place in 9
a restricted area under section 173L. 10
`(2) The local government for the area may by resolution, or the 11
chief executive may, suspend the designation for a period of 12
not more than 10 days if the local government or chief 13
executive reasonably believes it is in the best interests of the 14
area's residents to do so. 15
`(3) The local government or chief executive must display a notice 16
detailing the suspension on each of the notices about the 17
designation for the public place displayed under section 173M 18
while the suspension is in force. 19
`(4) Also, the local government or chief executive must give the 20
Queensland Police Service written notice of the suspension. 21
`(5) The suspension takes effect once the notices detailing the 22
suspension are first displayed under subsection (3). 23
`(6) A failure to continue to display, under subsection (3), the 24
notices detailing the suspension does not affect a person's 25
liability to be convicted of an offence against section 26
173B(1).'. 27
Clause 32 Amendment of s 176 (Entry and search--monitoring 28
compliance) 29
Section 176(2)(e)-- 30
omit. 31
Page 29
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 33]
Clause 33 Amendment of s 183A (Other powers of seizure) 1
(1) Section 183A(1)(c), after `168B'-- 2
insert-- 3
`or 168C'. 4
(2) Section 183A(2)(a) and (c), `provision, section 168B or 5
169'-- 6
omit, insert-- 7
`provision or section 168B, 168C or 169'. 8
Clause 34 Amendment of s 187EA (Forfeiture of seized property to 9
prevent commission of particular offences--investigator) 10
Section 187EA(1)(a) and (c), after `168B,'-- 11
insert-- 12
`168C,'. 13
Clause 35 Amendment of s 187EB (Forfeiture of seized property to 14
prevent commission of particular offences--chief 15
executive) 16
Section 187EB(1)(a) and (b), after `168B,'-- 17
insert-- 18
`168C,'. 19
Page 30
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 36]
Clause 36 Insertion of new pt 12, div 7 1
After section 275-- 2
insert-- 3
`Division 7 Transitional provisions for 4
Aboriginal and Torres Strait Islander 5
Communities (Justice, Land and 6
Other Matters) and Other Acts 7
Amendment Act 2008 8
`Subdivision 1 General licence held by a local 9
government, corporatised 10
corporation or relevant public 11
sector entity, other than the Torres 12
Strait Island Regional Council 13
`276 Definitions for sdiv 1 14
`In this subdivision-- 15
change day means 1 July 2008. 16
relevant licence see section 277. 17
`277 Application of sdiv 1 18
`This subdivision applies to a general licence (the relevant 19
licence) held immediately before the change day by a local 20
government, corporatised corporation or relevant public sector 21
entity, other than the Torres Strait Island Regional Council. 22
`278 Lapsing of relevant licence 23
`(1) The relevant licence lapses at the beginning of the change day. 24
`(2) However, subsection (1) does not apply if the chief executive 25
decides, under section 279(1), that the licence is to continue in 26
force from the change day. 27
Page 31
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 36]
`(3) Despite any other Act or law, no compensation is payable by 1
the State to any person because of the operation of subsection 2
(1). 3
`279 Continuation of relevant licence 4
`(1) The chief executive must before the change day-- 5
(a) decide whether the relevant licence is to continue in 6
force from the change day; and 7
(b) if the chief executive decides that the licence is to 8
continue in force from the change day--decide the day 9
(the relevant day), not later than 31 December 2008, 10
until which the licence is to continue in force. 11
`(2) In making the decisions mentioned in subsection (1), the chief 12
executive must have regard to the following-- 13
(a) any health and social impact on the relevant community 14
of the licence continuing, or not continuing, in force; 15
(b) the availability of health and social services to deal with 16
any health and social impact on the relevant community 17
of the licence continuing, or not continuing, in force. 18
`(3) If the chief executive decides that the licence is to continue in 19
force, the chief executive must as soon as practicable give the 20
licensee written notice of the decision and relevant day. 21
`(4) If the chief executive decides that the licence is to continue in 22
force, the licence continues in force until the relevant day and 23
lapses at the end of that day. 24
`(5) However, subsection (4) stops applying if the licence is 25
surrendered or cancelled under this Act. 26
`(6) Despite any other Act or law, no compensation is payable by 27
the State to any person because of the operation of subsections 28
(1) and (4). 29
`(7) In this section-- 30
relevant community means the community of the locality in 31
which the premises to which the licence relates are situated. 32
Page 32
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 36]
`280 Application for the transfer of a relevant licence 1
`(1) This section applies to an application, under section 113, for 2
the transfer of a relevant licence that is not decided before the 3
change day. 4
`(2) The application lapses at the beginning of the change day. 5
`(3) Despite any other Act or law, no compensation is payable by 6
the State to any person because of the operation of subsection 7
(2). 8
`281 No further application for the transfer of a relevant 9
licence 10
`(1) This section applies if the chief executive decides, under 11
section 279(1), that a relevant licence is to continue in force. 12
`(2) An application may not be made, under section 113, for the 13
transfer of the licence. 14
`(3) Despite any other Act or law, no compensation is payable by 15
the State to any person because of the operation of subsection 16
(2). 17
`Subdivision 2 General licence held by the Torres 18
Strait Island Regional Council 19
`282 Definitions for sdiv 2 20
`In this subdivision-- 21
change day means 1 July 2009. 22
relevant licence see section 283. 23
`283 Application of sdiv 2 24
`This subdivision applies to a general licence (the relevant 25
licence) held immediately before the change day by the Torres 26
Strait Island Regional Council. 27
Page 33
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 36]
`284 Lapsing of relevant licence 1
`(1) The relevant licence lapses at the beginning of the change day. 2
`(2) However, subsection (1) does not apply if the chief executive 3
decides, under section 285(1), that the licence is to continue in 4
force from the change day. 5
`(3) Despite any other Act or law, no compensation is payable by 6
the State to any person because of the operation of subsection 7
(1). 8
`285 Continuation of relevant licence 9
`(1) The chief executive must before the change day-- 10
(a) decide whether the relevant licence is to continue in 11
force from the change day; and 12
(b) if the chief executive decides that the licence is to 13
continue in force from the change day--decide the day 14
(the relevant day), not later than 31 December 2009, 15
until which the licence is to continue in force. 16
`(2) In making the decisions mentioned in subsection (1), the chief 17
executive must have regard to the following-- 18
(a) any health and social impact on the relevant community 19
of the licence continuing, or not continuing, in force; 20
(b) the availability of health and social services to deal with 21
any health and social impact on the relevant community 22
of the licence continuing, or not continuing, in force. 23
`(3) If the chief executive decides that the licence is to continue in 24
force, the chief executive must as soon as practicable give the 25
licensee written notice of the decision and relevant day. 26
`(4) If the chief executive decides that the licence is to continue in 27
force, the licence continues in force until the relevant day and 28
lapses at the end of that day. 29
`(5) However, subsection (4) stops applying if the licence is 30
surrendered or cancelled under this Act. 31
Page 34
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 3 Amendment of Liquor Act 1992
[s 36]
`(6) Despite any other Act or law, no compensation is payable by 1
the State to any person because of the operation of subsections 2
(1) and (4). 3
`(7) In this section-- 4
relevant community means the community of the locality in 5
which the premises to which the licence relates are situated. 6
`286 Application for the transfer of a relevant licence 7
`(1) This section applies to an application, under section 113, for 8
the transfer of a relevant licence that is not decided before the 9
change day. 10
`(2) The application lapses at the beginning of the change day. 11
`(3) Despite any other Act or law, no compensation is payable by 12
the State to any person because of the operation of subsection 13
(2). 14
`287 No further application for the transfer of a relevant 15
licence 16
`(1) This section applies if the chief executive decides, under 17
section 285(1), that a relevant licence is to continue in force. 18
`(2) An application may not be made, under section 113, for the 19
transfer of the licence. 20
`(3) Despite any other Act or law, no compensation is payable by 21
the State to any person because of the operation of subsection 22
(2).'. 23
Page 35
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 4 Amendment of Local Government (Aboriginal Lands) Act 1978
[s 37]
Part 4 Amendment of Local 1
Government (Aboriginal Lands) 2
Act 1978 3
Clause 37 Act amended in pt 4 4
This part amends the Local Government (Aboriginal Lands) 5
Act 1978. 6
Clause 38 Amendment of s 2 (Definitions) 7
Section 2, definition liquor provisions, paragraph (a), `35'-- 8
omit, insert-- 9
`34'. 10
Clause 39 Omission of s 11 (Special accounting provision for 11
particular payments) 12
Section 11-- 13
omit. 14
Part 5 Amendment of Local 15
Government Act 1993 16
Clause 40 Act amended in pt 5 17
This part amends the Local Government Act 1993. 18
Clause 41 Omission of s 159ZZZF (Special accounting provision for 19
particular payments) 20
Section 159ZZZF-- 21
omit. 22
Page 36
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 6 Amendment of Local Government (Community Government Areas) Act 2004
[s 42]
Part 6 Amendment of Local 1
Government (Community 2
Government Areas) Act 2004 3
Clause 42 Act amended in pt 6 4
This part amends the Local Government (Community 5
Government Areas) Act 2004. 6
Clause 43 Omission of s 40 (Special accounting provision for 7
particular payments) 8
Section 40-- 9
omit. 10
Part 7 Amendment of Police Powers 11
and Responsibilities Act 2000 12
Clause 44 Act amended in pt 7 13
This part amends the Police Powers and Responsibilities Act 14
2000. 15
Clause 45 Amendment of s 30 (Prescribed circumstances for 16
searching persons without warrant) 17
Section 30(a)-- 18
insert-- 19
`(ix) evidence of the commission of an offence against 20
the Liquor Act 1992, section 168B or 168C;'. 21
Page 37
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 7 Amendment of Police Powers and Responsibilities Act 2000
[s 46]
Clause 46 Amendment of s 53 (Prevention of particular offences 1
relating to liquor) 2
(1) Section 53(1)(a)(i), after `168B'-- 3
insert-- 4
`, 168C'. 5
(2) Section 53(1)(a)(ii), `35 or 45(c) or (d)'-- 6
omit, insert-- 7
`34 or 38(2)(d) or (3)(d) or (e)'. 8
Clause 47 Amendment of s 60 (Stopping vehicles for prescribed 9
purposes) 10
(1) Section 60(6), definition liquor provision, paragraph (a), after 11
`168B,'-- 12
insert-- 13
`168C,'. 14
(2) Section 60(6), definition liquor provision, paragraph (b), `35 15
or 45'-- 16
omit, insert-- 17
`34 or 38'. 18
Clause 48 Amendment of s 135 (Stopping animals for prescribed 19
purposes) 20
(1) Section 135(5), definition liquor provision, paragraph (a), 21
after `168B,'-- 22
insert-- 23
`168C,'. 24
(2) Section 135(5), definition liquor provision, paragraph (b), `35 25
or 45'-- 26
omit, insert-- 27
`34 or 38'. 28
Page 38
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Part 8 Repeal of Indigenous Communities Liquor Licences Act 2002
[s 49]
Clause 49 Amendment of s 159 (Application of pt 2) 1
Section 159-- 2
insert-- 3
`(d) an offence against the Liquor Act 1992, section 168B or 4
168C.'. 5
Part 8 Repeal of Indigenous 6
Communities Liquor Licences 7
Act 2002 8
Clause 50 Repeal 9
The Indigenous Communities Liquor Licences Act 2002, No. 10
47 is repealed. 11
Page 39
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Schedule
Schedule Minor amendments of 1
Aboriginal and Torres Strait 2
Islander Communities (Justice, 3
Land and Other Matters) Act 4
1984 5
section 3 6
1 Section 5(2)(a) and (b), after `;'-- 7
omit, insert-- 8
`and'. 9
2 Section 17(1), after `appointed may'-- 10
insert-- 11
`do the following'. 12
3 Section 22(1A), `another'-- 13
omit, insert-- 14
`an'. 15
4 Section 71(2), `; and'-- 16
omit, insert-- 17
`;'. 18
© State of Queensland 2008
Page 40
AMENDMENTS TO BILL
Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) and
Other Acts Amendment Bill 2008
Aboriginal and Torres Strait Islander
Communities (Justice, Land and Other
Matters) and Other Acts Amendment Bill
2008
Amendments agreed to during Consideration
1 Clause 2 (Commencement)
At page 6, line 8--
omit, insert--
`(1) This Act, other than the relevant provisions, commences on 1
July 2008.
`(2) In this section--
relevant provisions means the following provisions--
· section 17
· section 18(2), except to the extent it inserts the
definition designated public place
· section 36.'.
© State of Queensland 2008
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