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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Criminal Code (Drink Spiking)
and Other Acts Amendment
Bill 2006
Queensland
Criminal Code (Drink Spiking) and Other
Acts Amendment Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Criminal Code
3 Code amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new s 316A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
316A Unlawful drink spiking. . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 552B (Charges of indictable offences that may
be dealt with summarily). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 3 Amendment of Corrective Services Act 2006
6 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Amendment of s 82 (Leave for other particular prisoners) . . . . . . 6
8 Insertion of new ch 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Chapter 7A Transitional provisions for Criminal Code
(Drink Spiking) and Other Acts Amendment
Act 2006
478A Previous expectations of sexual offenders about
leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
478B Previous expectations of sexual offenders about
resettlement leave . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 4 Amendment of Dangerous Prisoners (Sexual Offenders) Act
2003
9 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
10 Amendment of s 16 (Conditions for supervised release) . . . . . . . 9
2006
A Bill
for
An Act to amend the Criminal Code, and for other purposes
s1 4 s4
Criminal Code (Drink Spiking) and Other Acts
Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Criminal Code (Drink Spiking) 4
and Other Acts Amendment Act 2006. 5
Clause 2 Commencement 6
Part 4 commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Criminal Code 8
Clause 3 Code amended in pt 2 9
This part amends the Criminal Code. 10
Clause 4 Insertion of new s 316A 11
After section 316-- 12
insert-- 13
`316A Unlawful drink spiking 14
`(1) A person who administers, or attempts to administer, in drink 15
a substance to another person without the other person having 16
knowledge of the substance with intent to cause the other 17
person to be stupefied and overpowered is guilty of a crime 18
and is liable to imprisonment for 5 years. 19
`(2) The following matters are immaterial-- 20
(a) whether the lack of knowledge of the substance is lack 21
of knowledge of the presence at all of the substance or 22
of the particular quantity of the substance; 23
s4 5 s4
Criminal Code (Drink Spiking) and Other Acts
Amendment Bill 2006
(b) whether the substance is capable of having the effect 1
intended; 2
(c) whether a particular person is intended to be the person 3
to whom the substance is administered or attempted to 4
be administered. 5
`(3) A reference to causing a person to be stupefied and 6
overpowered is a reference to causing a person to be stupefied 7
and overpowered in circumstances where the person is not 8
intending to be stupefied and overpowered. 9
`(4) This section does not apply to an act lawfully done in the 10
course of the practice of a health professional, the carrying out 11
of a function under an Act or the performance of the 12
responsibilities of a parent or carer. 13
`(5) In relation to an attempt to administer a substance, for this 14
section and section 4, attempt includes adding a substance to 15
drink in preparation for the administration of the substance. 16
`(6) It is a defence for a person charged with an offence against 17
this section to prove-- 18
(a) the substance that was administered, or attempted to be 19
administered, was not a dangerous drug; and 20
(b) the substance was administered, or attempted to be 21
administered, as a prank. 22
`(7) In this section-- 23
adding a substance, to drink, includes, without limiting 24
section 7, the following-- 25
(a) cause to be added to drink; 26
(b) substitute drink with other drink containing the 27
substance; 28
(c) take any step to provide drink containing the substance 29
instead of other drink. 30
circumstances, where a person is not intending to be stupefied 31
and overpowered, includes any circumstance of timing, place, 32
condition, or way of stupefaction and overpowering. 33
dangerous drug see the Drugs Misuse Act 1986, section 4. 34
s5 6 s7
Criminal Code (Drink Spiking) and Other Acts
Amendment Bill 2006
drink includes water, beverage, or other liquid, intended or 1
prepared for human consumption. 2
health professional has the meaning given by the Health 3
Services Act 1991, section 60. 4
prank means a trick of a playful nature and not a trick of a 5
malicious nature. 6
stupefy and overpower includes stupefy and overpower by 7
intoxication.'. 8
Clause 5 Amendment of s 552B (Charges of indictable offences 9
that may be dealt with summarily) 10
Section 552B(1)-- 11
insert-- 12
`(ia) an offence against section 316A;1'. 13
Part 3 Amendment of Corrective 14
Services Act 2006 15
Clause 6 Act amended in pt 3 16
This part amends the Corrective Services Act 2006. 17
Clause 7 Amendment of s 82 (Leave for other particular prisoners) 18
Section 82(1)-- 19
insert-- 20
`(e) a prisoner detained, other than as mentioned in 21
paragraph (d), for a sexual offence.'. 22
1 Section 316A (Unlawful drink spiking)
s8 7 s8
Criminal Code (Drink Spiking) and Other Acts
Amendment Bill 2006
Clause 8 Insertion of new ch 7A 1
After chapter 7-- 2
insert-- 3
`Chapter 7A Transitional provisions for 4
Criminal Code (Drink 5
Spiking) and Other Acts 6
Amendment Act 2006 7
`478A Previous expectations of sexual offenders about 8
leave of absence 9
`(1) This section applies to a prisoner sentenced for a sexual 10
offence committed before the commencement of this section 11
(the commencement), whether or not the prisoner was 12
sentenced for the offence after the commencement. 13
`(2) If, before the commencement, the prisoner had an expectation 14
to be granted prohibited leave after the commencement, it is 15
extinguished. 16
`(3) An application for prohibited leave made by the prisoner, but 17
not decided, before the commencement is of no effect. 18
`(4) If this section is inconsistent with section 473, this section 19
prevails to the extent of the inconsistency. 20
`(5) In this section-- 21
expectation includes right, privilege, entitlement and 22
eligibility. 23
prohibited leave means leave of absence other than 24
compassionate leave or health leave. 25
`478B Previous expectations of sexual offenders about 26
resettlement leave 27
`(1) This section applies to a prisoner to whom section 478A(1) 28
applies if-- 29
s8 8 s8
Criminal Code (Drink Spiking) and Other Acts
Amendment Bill 2006
(a) the prisoner was granted resettlement leave before the 1
commencement of section 82(1)(e) (the 2
commencement); and 3
(b) the chief executive cancels the operation of the order for 4
the prisoner's resettlement leave under section 85(2) 5
because the Queensland board suspended or cancelled 6
the prisoner's resettlement leave program, whether 7
before or after the commencement. 8
`(2) The pre-amended Act applies for the purpose of the 9
following-- 10
(a) section 80; 11
(b) an amendment of the resettlement leave program; 12
(c) an application made under the Judicial Review Act 1991 13
in relation to the Queensland board's decision to 14
suspend or cancel the resettlement leave program. 15
`(3) If the Queensland board, whether before or after the 16
commencement, changes its decision to suspend or cancel its 17
approval of the resettlement leave program for the prisoner, 18
the chief executive must act under section 74 to give effect to 19
the changed decision as if section 9 of the amending Act had 20
not been enacted. 21
`(4) If the Queensland board, whether before or after the 22
commencement approves a resettlement leave program for the 23
prisoner following an order made under the Judicial Review 24
Act 1991, section 30, the chief executive must act under 25
section 74 in relation to the approved resettlement leave 26
program as if section 9 of the amending Act had not been 27
enacted. 28
`(5) If, in accordance with subsection (3) or (4), the chief 29
executive grants the prisoner resettlement leave, the 30
pre-amended Act applies to the prisoner for the resettlement 31
leave. 32
`(6) In this section-- 33
amending Act means the Criminal Code (Drink Spiking) and 34
Other Acts Amendment Act 2006. 35
s9 9 s 10
Criminal Code (Drink Spiking) and Other Acts
Amendment Bill 2006
pre-amended Act means this Act as in force immediately 1
before the commencement of section 9 of the amending Act.'. 2
Part 4 Amendment of Dangerous 3
Prisoners (Sexual Offenders) 4
Act 2003 5
Clause 9 Act amended in pt 4 6
This part amends the Dangerous Prisoners (Sexual Offenders) 7
Act 2003. 8
Clause 10 Amendment of s 16 (Conditions for supervised release) 9
Section 16(2)(a), examples-- 10
omit, insert-- 11
12
`Examples for paragraph (a)--
13
· an order that the prisoner must not knowingly reside with a
14
convicted sexual offender
15
· an order that the prisoner must not, without reasonable
16
excuse, be within 200m of a school
17
· an order that the prisoner must wear a device for monitoring
18
the prisoner's location'.
© State of Queensland 2006
AMENDMENTS TO BILL
1
Criminal Code (Drink Spiking) and Other Acts
Amendment Bill 2006
Criminal Code (Drink Spiking) and Other
Acts Amendment Bill 2006
Amendments agreed to during Consideration
1 Clause 4--
At page 4, line 14 to page 6, line 8--
omit, insert--
`316A Unlawful drink spiking
`(1) A person who administers, or attempts to administer, in drink
a substance to another person (the other person) without the
other person having knowledge of the substance with intent to
cause the other person to be stupefied or overpowered is guilty
of a crime and is liable to imprisonment for 5 years.
`(2) If the substance is alcohol, for section 24 only, the
circumstances in which the other person is taken to have
knowledge of the alcohol include where the other person
would not object to the administration of the alcohol if the
other person had actual knowledge of it.
`(3) The following matters are immaterial--
(a) whether the lack of knowledge of the substance is lack
of knowledge of the presence at all of the substance or
of the particular quantity of the substance;
(b) whether the substance is capable of having the effect
intended;
(c) whether a particular person is intended to be the person
to whom the substance is administered or attempted to
be administered.
`(4) A reference to causing the other person to be stupefied or
overpowered is--
(a) a reference to causing the other person to be stupefied or
overpowered in circumstances where the other person is
not intending to be stupefied or overpowered at all; or
2
Criminal Code (Drink Spiking) and Other Acts
Amendment Bill 2006
(b) a reference to causing the other person to be further
stupefied or overpowered in circumstances where the
other person is not intending to be further stupefied or
overpowered at all or to the extent intended by the
person who administers, or attempts to administer, the
substance.
`(5) This section does not apply to an act lawfully done in the
course of the practice of a health professional, the carrying out
of a function under an Act or the performance of the
responsibilities of a parent or carer.
`(6) In relation to an attempt to administer a substance, for this
section and section 4, attempt includes adding a substance to
drink in preparation for the administration of the substance.
`(7) In this section--
adding a substance, to drink, includes, without limiting
section 7, the following--
(a) cause to be added to drink;
(b) substitute drink with other drink containing the
substance;
(c) take any step to provide drink containing the substance
instead of other drink.
circumstances, where the other person is not intending to be
stupefied or overpowered, includes any circumstance of
timing, place, condition, or way of stupefaction or
overpowering.
dangerous drug see the Drugs Misuse Act 1986, section 4.
drink includes water, beverage, or other liquid, intended or
prepared for human consumption.
health professional has the meaning given by the Health
Services Act 1991, section 60.
stupefied or overpowered includes--
(a) a state of intoxication caused by alcohol, a drug or
another substance; and
(b) behavioural change caused by a dangerous drug,
whether or not the mind is otherwise affected.'.
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