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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Crime and Misconduct and
Summary Offences
Amendment Bill 2009
Queensland
Crime and Misconduct and Summary
Offences Amendment Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Crime and Misconduct Act 2001
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 5 (How Act's purposes are to be achieved). . . . 4
4 Amendment of s 25 (Commission's major crime function) . . . . . . 4
5 Amendment of s 26 (How commission performs its crime
function) ...................................... 4
6 Replacement of ss 27 and 28. . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
26A Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
27 Referrals to commission . . . . . . . . . . . . . . . . . . . . . . . 5
28 Matters about which the reference committee must
be satisfied before making a referral . . . . . . . . . . . . . 7
7 Amendment of s 29 (Reference committee may give
commission directions about investigations) . . . . . . . . . . . . . . . . 8
8 Insertion of new s 29A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
29A Reference committee must consider whether to give
commission directions in relation to particular crime
investigation under general referral . . . . . . . . . . . . . . 8
9 Amendment of s 30 (Amendment of referral to investigate) . . . . . 9
10 Insertion of new s 30A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
30A Review and lapse of general referrals . . . . . . . . . . . . 9
11 Amendment of s 31 (Referrals to police service) . . . . . . . . . . . . . 10
12 Amendment of s 275 (Functions of reference committee) . . . . . . 10
13 Amendment of s 277 (Reference committee may obtain
information from commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
14 Insertion of new ch 8, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Part 7 Crime and Misconduct Amendment Act 2009
Crime and Misconduct and Summary Offences Amendment Bill 2009
Contents
386 Validation of referrals . . . . . . . . . . . . . . . . . . . . . . . . . 11
387 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
388 Preservation of limitations and amendments . . . . . . . 12
389 Validation of crime investigations . . . . . . . . . . . . . . . . 13
390 Validation of use of information or evidence obtained
by crime investigations conducted under referrals . . . 13
391 Review and lapsing of general referrals . . . . . . . . . . . 14
15 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 3 Amendment of Summary Offences Act 2005
16 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Insertion of new s 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
26 Endangering the safe use of a vehicle by throwing
an object or by a similar activity . . . . . . . . . . . . . . . . . 15
Page 2
2009
A Bill
for
An Act to amend the Crime and Misconduct Act 2001 and the
Summary Offences Act 2005 for particular purposes
Crime and Misconduct and Summary Offences Amendment Bill 2009
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 Crime and Misconduct and 4
Summary Offences Amendment Act 2009. 5
Part 2 Amendment of Crime and 6
Misconduct Act 2001 7
Clause 2 Act amended 8
This part amends the Crime And Misconduct Act 2001. 9
Clause 3 Amendment of s 5 (How Act's purposes are to be 10
achieved) 11
Section 5(2), `particular cases of'-- 12
omit. 13
Clause 4 Amendment of s 25 (Commission's major crime function) 14
Section 25, after `it'-- 15
insert-- 16
`, under division 2,'. 17
Clause 5 Amendment of s 26 (How commission performs its crime 18
function) 19
Section 26(a), after `it'-- 20
Page 4
Crime and Misconduct and Summary Offences Amendment Bill 2009
Part 2 Amendment of Crime and Misconduct Act 2001
[s 6]
insert-- 1
`, under division 2,'. 2
Clause 6 Replacement of ss 27 and 28 3
Sections 27 and 28-- 4
omit, insert-- 5
`26A Definitions for div 2 6
`In this division-- 7
general referral see section 27(4). 8
referral means-- 9
(a) a specific referral; or 10
(b) a general referral. 11
specific referral see section 27(2). 12
`27 Referrals to commission 13
`(1) The reference committee may refer-- 14
(a) a particular incident of major crime to the commission 15
for investigation; or 16
(b) major crime to the commission for investigation. 17
Examples of major crime that may be referred under paragraph 18
(b)-- 19
· terrorism 20
· criminal paedophilia facilitated by the use of the internet by 21
offenders to groom children or distribute obscene material 22
depicting children 23
· organised crime engaged in by a class of person or involving 24
offences of a particular type, for example, money 25
laundering 26
· criminal activity involving drug trafficking and violence 27
engaged in by members of (generally identified) motorcycle 28
gangs and their associates 29
Page 5
Crime and Misconduct and Summary Offences Amendment Bill 2009
Part 2 Amendment of Crime and Misconduct Act 2001
[s 6]
`(2) A reference under subsection (1)(a) is called a specific 1
referral. 2
`(3) A specific referral must identify-- 3
(a) the particular incident of major crime to be investigated 4
by the commission; and 5
(b) at least 1 of the following-- 6
(i) the persons involved, or suspected of being 7
involved, in the particular incident of major crime; 8
(ii) the activity constituting, or suspected of 9
constituting, the particular incident of major crime. 10
`(4) A reference under subsection (1)(b) is called a general 11
referral. 12
`(5) A general referral-- 13
(a) must identify the major crime to be investigated by the 14
commission; and 15
(b) may identify either or both of the following-- 16
(i) the persons involved, or suspected of being 17
involved, in the major crime; 18
(ii) the activities constituting, or suspected of 19
constituting, the major crime. 20
`(6) A referral may relate to any circumstances implying, or any 21
allegations, that a particular incident of major crime, or major 22
crime, may have been committed, may be being committed, or 23
may in the future be committed. 24
`(7) A referral may be made by the reference committee-- 25
(a) for a specific referral-- 26
(i) on its own initiative; or 27
(ii) if asked by the assistant commissioner, crime; or 28
(iii) if asked by the commissioner of police; or 29
(b) for a general referral-- 30
(i) on its own initiative; or 31
Page 6
Crime and Misconduct and Summary Offences Amendment Bill 2009
Part 2 Amendment of Crime and Misconduct Act 2001
[s 6]
(ii) if asked by the assistant commissioner, crime. 1
`(8) A referral must be in writing. 2
`28 Matters about which the reference committee must 3
be satisfied before making a referral 4
`(1) The reference committee may make a specific referral only if 5
it is satisfied-- 6
(a) the police service has carried out an investigation into 7
the particular incident of major crime that has not been 8
effective; and 9
(b) further investigation into the particular incident of major 10
crime is unlikely to be effective using powers ordinarily 11
available to police officers; and 12
(c) it is in the public interest to refer the particular incident 13
of major crime to the commission for investigation. 14
`(2) The reference committee may make a general referral only if 15
it is satisfied it is in the public interest to refer the major crime 16
to the commission for investigation. 17
`(3) Without limiting the matters to which the reference committee 18
may have regard in deciding whether it is in the public interest 19
to refer a particular incident of major crime, or major crime, to 20
the commission for investigation, the reference committee 21
may have regard to the following-- 22
(a) the number of persons that may be involved; 23
(b) the degree of planning and organisation likely to be 24
involved; 25
(c) the seriousness of, or the consequences of, the particular 26
incident of major crime or the major crime; 27
(d) the person or persons likely to be responsible for 28
planning and organising the particular incident of major 29
crime or the major crime; 30
(e) the likely involvement of the person or persons in 31
similar activities; 32
Page 7
Crime and Misconduct and Summary Offences Amendment Bill 2009
Part 2 Amendment of Crime and Misconduct Act 2001
[s 7]
(f) the financial or other benefits likely to be derived by any 1
person; 2
(g) whether investigation by the commission is a justifiable 3
use of resources. 4
`(4) Also, without limiting the matters to which the reference 5
committee may have regard in deciding whether it is in the 6
public interest to refer major crime to the commission for 7
investigation (that is, a general referral), the reference 8
committee may have regard to the likely effectiveness of 9
investigation into the major crime using powers ordinarily 10
available to the police service.'. 11
Clause 7 Amendment of s 29 (Reference committee may give 12
commission directions about investigations) 13
(1) Section 29(2)-- 14
insert-- 15
`(d) investigation by the commission is not in the public 16
interest.'. 17
(2) Section 29-- 18
insert-- 19
`(4) To remove any doubt, it is declared that section 29(2)(d) is not 20
limited by section 28(3) or (4).'. 21
Clause 8 Insertion of new s 29A 22
After section 29-- 23
insert-- 24
`29A Reference committee must consider whether to give 25
commission directions in relation to particular crime 26
investigation under general referral 27
`(1) This section applies if the assistant commissioner, crime 28
notifies the reference committee under section 277 that the 29
commission has commenced a particular crime investigation 30
under a general referral. 31
Page 8
Crime and Misconduct and Summary Offences Amendment Bill 2009
Part 2 Amendment of Crime and Misconduct Act 2001
[s 9]
`(2) The reference committee must, as soon as practicable after the 1
reference committee is notified, consider whether to give the 2
commission a direction under section 29(1) or (2) in relation 3
to the particular crime investigation.'. 4
Clause 9 Amendment of s 30 (Amendment of referral to 5
investigate) 6
Section 30, `to investigate major crime'-- 7
omit. 8
Clause 10 Insertion of new s 30A 9
After section 30-- 10
insert-- 11
`30A Review and lapse of general referrals 12
`(1) The reference committee must review each general referral 13
within 5 years of it being made or last confirmed under 14
subsection (5). 15
`(2) In conducting the review, the reference committee must give 16
fresh consideration to the matters mentioned in section 28(2) 17
to (4) as if a reference in the subsections to a referral were a 18
reference to a confirmation under subsection (5). 19
`(3) The assistant commissioner, crime may make submissions to 20
the reference committee about its decision on the review if the 21
general referral was initially requested by the assistant 22
commissioner, crime. 23
`(4) The reference committee may ask the assistant commissioner, 24
crime to help the committee to conduct the review, and, if 25
asked, the assistant commissioner, crime must give the 26
committee the help it needs to conduct the review. 27
`(5) In deciding the review, the reference committee may-- 28
(a) confirm the referral with or without amendment; or 29
(b) replace the referral with a referral to the commissioner 30
of police under section 31; or 31
Page 9
Crime and Misconduct and Summary Offences Amendment Bill 2009
Part 2 Amendment of Crime and Misconduct Act 2001
[s 11]
(c) end the referral. 1
`(6) If the reference committee does not act under subsection (5) 2
before the end of the 5 year period mentioned in subsection 3
(1), the referral lapses.'. 4
Clause 11 Amendment of s 31 (Referrals to police service) 5
Section 31(1), `major crime'-- 6
omit, insert-- 7
`a particular incident of major crime, or major crime,'. 8
Clause 12 Amendment of s 275 (Functions of reference committee) 9
(1) Section 275(a), `this Act'-- 10
omit, insert-- 11
`chapter 2, part 2, division 2'. 12
(2) Section 275(b)-- 13
renumber as section 275(c). 14
(3) Section 275-- 15
insert-- 16
`(b) to review general referrals under section 30A;'. 17
Clause 13 Amendment of s 277 (Reference committee may obtain 18
information from commission) 19
(1) Section 277(1) and (2)-- 20
omit, insert-- 21
`(1) The assistant commissioner, crime must-- 22
(a) keep the reference committee informed of the general 23
conduct of the assistant commissioner's operations in 24
the performance of the commission's functions in 25
relation to major crime; and 26
Page 10
Crime and Misconduct and Summary Offences Amendment Bill 2009
Part 2 Amendment of Crime and Misconduct Act 2001
[s 14]
(b) notify the reference committee when the commission 1
commences a particular crime investigation under a 2
general referral to the commission by the reference 3
committee under section 27(1)(b). 4
`(2) The notification mentioned in subsection (1)(b) must be given 5
as soon as practicable after the particular crime investigation 6
commences. 7
`(3) Subsection (4) applies if the reference committee asks the 8
assistant commissioner, crime to give to it information-- 9
(a) concerning a matter relating to the commission's 10
operations in relation to major crime; or 11
(b) in relation to a particular crime investigation conducted, 12
or being conducted, under a general referral to the 13
commission by the reference committee under section 14
27(1)(b). 15
`(4) The assistant commissioner, crime must comply with the 16
request and give the help the reference committee needs to 17
consider the information.'. 18
(2) Section 277(3)-- 19
renumber as section 277(5). 20
Clause 14 Insertion of new ch 8, pt 7 21
Chapter 8-- 22
insert-- 23
`Part 7 Crime and Misconduct 24
Amendment Act 2009 25
`386 Validation of referrals 26
`Until the commencement of this part-- 27
(a) a referral or purported referral to the crime commission 28
by the management committee under the repealed Crime 29
Page 11
Crime and Misconduct and Summary Offences Amendment Bill 2009
Part 2 Amendment of Crime and Misconduct Act 2001
[s 14]
Commission Act 1997 is taken to be, and to have always 1
been, a validly made referral; and 2
(b) section 355(1) is taken to be, and to have always been, 3
effective to declare each referral or purported referral 4
mentioned in paragraph (a) to be a validly made referral 5
of major crime to the commission by the reference 6
committee under this Act; and 7
(c) a referral or purported referral of major crime to the 8
commission by the reference committee under this Act 9
is taken to be, and to have always been, a validly made 10
referral. 11
`387 Declaration 12
`On the commencement of this part, a referral or purported 13
referral to which section 386 applies is taken to be-- 14
(a) to the extent the referral identified a particular incident 15
of major crime to be investigated by the commission--a 16
specific referral by the reference committee to the 17
commission under section 27; or 18
(b) to the extent the referral otherwise identified major 19
crime to be investigated by the commission--a general 20
referral by the reference committee to the commission 21
under section 27. 22
`388 Preservation of limitations and amendments 23
`A referral or purported referral to which section 386 or 387 24
applies is subject to-- 25
(a) for a referral or purported referral to the crime 26
commission by the management committee under the 27
repealed Crime Commission Act 1997--any limitations 28
imposed by the management committee under the 29
repealed Crime Commission Act 1997; and 30
(b) for a referral or purported referral declared under section 31
355(1) to be a referral of major crime to the commission 32
by the reference committee under this Act--any 33
Page 12
Crime and Misconduct and Summary Offences Amendment Bill 2009
Part 2 Amendment of Crime and Misconduct Act 2001
[s 14]
amendment, or purported amendment, under section 30 1
or otherwise, of the terms of the referral by the reference 2
committee; and 3
(c) for a referral or purported referral of major crime to the 4
commission by the reference committee under this 5
Act--any amendment, or purported amendment, under 6
section 30 or otherwise, of the terms of the referral by 7
the reference committee. 8
`389 Validation of crime investigations 9
`(1) A crime investigation conducted, or being conducted, under a 10
referral or purported referral to which section 386 or 387 11
applies is taken to be, and to have always been, as valid as if it 12
were a crime investigation conducted, or being conducted, 13
under a referral by the reference committee to the commission 14
under section 27. 15
`(2) Subsection (1) does not limit the effect of a validation under 16
section 386 or 387. 17
`390 Validation of use of information or evidence obtained 18
by crime investigations conducted under referrals 19
`(1) The use of information or evidence obtained by a crime 20
investigation conducted, or being conducted, under a referral 21
or purported referral to which section 386 or 387 applies, for a 22
purpose mentioned in subsection (2), is taken to be, and to 23
have always have been, as valid as if the information or 24
evidence were obtained by a crime investigation conducted, or 25
being conducted, under a referral by the reference committee 26
to the commission under section 27. 27
`(2) The purposes are-- 28
(a) the performance of a function of the crime commission 29
under the repealed Crime Commission Act 1997; or 30
(b) the performance of a function of the commission under 31
this Act; or 32
Page 13
Crime and Misconduct and Summary Offences Amendment Bill 2009
Part 2 Amendment of Crime and Misconduct Act 2001
[s 15]
(c) the performance of a function of any law enforcement 1
agency or prosecuting authority to which the 2
information or evidence-- 3
(i) has been directly or indirectly provided by the 4
crime commission mentioned in paragraph (a) 5
under the repealed Crime Commission Act 1997; or 6
(ii) has been or is provided directly or indirectly by the 7
commission under this Act. 8
`(3) Subsection (1) does not limit the effect of a validation under 9
section 386 or 387. 10
`391 Review and lapsing of general referrals 11
`(1) This section applies to a referral that, under section 387(b), is 12
taken to be a general referral on the commencement of this 13
part. 14
`(2) The reference committee is to review the referral within a 15
period of 2 years from the commencement. 16
`(3) Section 30A(2) to (5) applies to the review. 17
`(4) If the reference committee has not acted under section 30A(5) 18
on the review before the end of the period of 2 years 19
mentioned in subsection (2), the referral lapses. 20
`(5) If the reference committee confirms the referral, section 30A 21
applies to the referral for the purpose of its future review and 22
lapsing as if it were made on the day it was confirmed.'. 23
Clause 15 Amendment of sch 2 (Dictionary) 24
Schedule 2-- 25
insert-- 26
`general referral, for chapter 2, part 2, division 2, see section 27
27(4). 28
referral, for chapter 2, part 2, division 2, see section 26A. 29
Page 14
Crime and Misconduct and Summary Offences Amendment Bill 2009
Part 3 Amendment of Summary Offences Act 2005
[s 16]
specific referral, for chapter 2, part 2, division 2, see section 1
27(2).'. 2
Part 3 Amendment of Summary 3
Offences Act 2005 4
Clause 16 Act amended 5
This part amends the Summary Offences Act 2005. 6
Clause 17 Insertion of new s 26 7
Part 2, division 5-- 8
insert-- 9
`26 Endangering the safe use of a vehicle by throwing 10
an object or by a similar activity 11
`(1) A person must not unlawfully-- 12
(a) throw an object at a vehicle that is in the course of 13
travelling; or 14
(b) place an object in or near to the path a vehicle is using or 15
may use in the course of travelling; or 16
(c) direct a beam of light from a laser at or near a vehicle 17
that is in the course of travelling; 18
in a way that endangers or is likely to endanger the safe use of 19
the vehicle. 20
Maximum penalty--2 years imprisonment. 21
`(2) For subsection (1)(a), throwing an object at a vehicle includes 22
throwing or dropping an object onto or near the vehicle or into 23
or near to the path of the vehicle. 24
`(3) The following do not matter-- 25
Page 15
Crime and Misconduct and Summary Offences Amendment Bill 2009
Part 3 Amendment of Summary Offences Act 2005
[s 17]
(a) the intention with which an object is thrown, dropped or 1
placed or a beam of light from a laser is directed (in any 2
case, the initial act); 3
(b) whether contact is made with a vehicle; 4
(c) without limiting paragraph (a), whether a particular 5
vehicle is involved; 6
(d) in relation to a requirement that a vehicle be in the 7
course of travelling--whether the vehicle is moving or 8
stationary; 9
(e) whether a vehicle is in the sight of the offender or 10
present when the initial act is done. 11
`(4) In this section-- 12
at includes towards. 13
beam of light, from a laser, means the beam of radiation 14
produced by a laser device. 15
laser means a laser pointer, laser scope or other laser device. 16
path includes pathway, course and channel. 17
place includes insert and submerge. 18
throw includes propel, project and kick. 19
vehicle see the Criminal Code, section 1.'. 20
© State of Queensland 2009
Page 16
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