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Queensland
CRIMINAL LAW
AMENDMENT BILL 2002
Queensland
CRIMINAL LAW AMENDMENT BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF BAIL ACT 1980
4 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 7 (Power of police officer to grant bail). . . . . . . . . . . . . . . 8
6 Amendment of s 20 (Undertaking as to bail) . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 3--AMENDMENT OF CRIMINAL CODE
7 Code amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
8 Amendment of s 1 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Replacement of s 119 (Definition of "judicial proceeding"). . . . . . . . . . . . . 11
119 Definitions for ch 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
119A Meaning of "family" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
119B Retaliation against judicial officer, juror, witness or family . . . . . . . 12
10 Amendment of s 120 (Judicial corruption) . . . . . . . . . . . . . . . . . . . . . . . . . . 13
11 Amendment of s 122 (Corrupting or threatening jurors) . . . . . . . . . . . . . . . 14
12 Amendment of s 398 (Punishment of stealing) . . . . . . . . . . . . . . . . . . . . . . . 14
13 Replacement of ch 44, ch div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Amendment of s 444A (Killing animals with intent to steal) . . . . . . . . . . . . 15
15 Amendment of s 444B (Using registered brands with criminal intention) . . 15
16 Replacement of ch 44, ch div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Amendment of s 445 (Unlawfully using cattle) . . . . . . . . . . . . . . . . . . . . . . 15
18 Amendment of s 446 (Suspicion of stealing cattle) . . . . . . . . . . . . . . . . . . . 16
2
Criminal Law Amendment Bill 2002
19 Amendment of s 447 (Illegal branding) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
20 Amendment of s 448 (Defacing brands) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Amendment of s 448A (Having in possession an animal with
defaced brand) .......................................... 17
22 Omission of s 450 (Committal for trial) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
23 Omission of s 450C (Effect of civil proceedings) . . . . . . . . . . . . . . . . . . . . . 18
24 Amendment of ch 44A, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
25 Replacement of s 450D (Meaning of term "animal") . . . . . . . . . . . . . . . . . . 19
450D Definition for ch 44A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Amendment of s 450H (Licence disqualification where commission of
offence facilitated by licence or use of vehicle) . . . . . . . . . . . . . . . . . . . . . . 19
27 Amendment of s 450I (Forfeiture in cases of conviction for offences under
specified sections) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
28 Amendment of s 468 (Injuring animals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
29 Amendment of s 568 (Cases in which several charges may be joined) . . . . 19
30 Amendment of s 588 (Charge of stealing cattle). . . . . . . . . . . . . . . . . . . . . . 21
31 Amendment of s 588A (Charges of stealing certain animals and of killing
certain animals with intent to steal). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
32 Amendment of s 671G (Grant of bail to appellant and custody when
attending Court). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
33 Insertion of new ch 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
CHAPTER 75--TRANSITIONAL PROVISION FOR CRIMINAL LAW
AMENDMENT ACT 2002
712 Transitional provision for Criminal Law Amendment Act 2002 . . . . 22
PART 4--AMENDMENT OF CRIMINAL LAW AMENDMENT
ACT 1945
34 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
35 Amendment of s 18 (Detention of persons incapable of controlling sexual
instincts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
36 Insertion of new part 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 3A--CONDITIONAL RELEASE OF OFFENDERS DETAINED
UNDER PT 3
18A Definitions for pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
18B Post-prison community based release orders under Corrective Services Act
2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
18C No exceptional circumstances parole order . . . . . . . . . . . . . . . . . . . . 25
3
Criminal Law Amendment Bill 2002
18D Submissions by Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
18E Additional test for conditional release . . . . . . . . . . . . . . . . . . . . . . . . 26
18F Additional conditions may be imposed . . . . . . . . . . . . . . . . . . . . . . . 26
18G Detainee deemed a prisoner for offence of being unlawfully at large 26
18H Effect on unconditional release . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
PART 5--AMENDMENT OF DRUG REHABILITATION (COURT
DIVERSION) ACT 2000
37 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
38 Amendment of s 15 (Deciding whether to refer for assessment) . . . . . . . . . 27
39 Amendment of s 19 (Making of order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
40 Amendment of s 34 (Terminating rehabilitation programs) . . . . . . . . . . . . . 27
41 Insertion of new s 35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
35A Inclusion of new rehabilitation program . . . . . . . . . . . . . . . . . . . . . . 28
42 Amendment of s 36 (Final sentence to be decided on completion or
termination of rehabilitation program) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
43 Amendment of s 39 (Disclosing compliance or failure to comply with
rehabilitation program) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
44 Amendment of s 43 (Regulation-making power) . . . . . . . . . . . . . . . . . . . . . 29
45 Amendment of s 47 (Expiry of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
46 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 6--AMENDMENT OF EVIDENCE ACT 1977
47 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
48 Insertion of new s 95A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
95A DNA evidentiary certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
49 Insertion of new s 133A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
133A DNA analysts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 7--AMENDMENT OF JURY ACT 1995
50 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
51 Amendment of s 12 (Arrangements with commissioner of the
police service) ........................................... 33
52 Amendment of s 20 (Power of judge to excuse from jury service). . . . . . . . 33
53 Amendment of s 37 (Materials to be given by sheriff) . . . . . . . . . . . . . . . . . 33
54 Insertion of new s 69A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
69A Inquiries by juror about accused prohibited . . . . . . . . . . . . . . . . . . . 34
4
Criminal Law Amendment Bill 2002
55 Amendment of s 70 (Confidentiality of jury deliberations) . . . . . . . . . . . . . 34
PART 8--AMENDMENT OF JUSTICES ACT 1886
56 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
57 Insertion of new pt 4, div 10A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
Division 10A--Direction hearing
83A Direction hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
58 Amendment of s 84 (Remand of defendant) . . . . . . . . . . . . . . . . . . . . . . . . . 36
59 Amendment of s 158A (Exercise of discretion in relation to an award
of costs) ................................................. 36
PART 9--AMENDMENT OF PENALTIES AND SENTENCES
ACT 1992
60 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
61 Amendment of s 92 (Effect of order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
62 Amendment of s 146 (Consequences of committing offence during
operational period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
63 Amendment of s 147 (Power of court mentioned in s 146) . . . . . . . . . . . . . 38
64 Amendment of s 171 (Review--periodic). . . . . . . . . . . . . . . . . . . . . . . . . . . 38
65 Insertion of new s 210 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
210 Transitional provisions for Criminal Law Amendment Act 2002 . . . 39
PART 10--AMENDMENT OF POLICE POWERS AND
RESPONSIBILITIES ACT 2000
66 Act amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
67 Amendment of s 219 (Notice to appear equivalent to a complaint and
summons) ................................................ 40
68 Amendment of s 225 (Duty of police officer receiving custody of person
arrested for offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 41
MINOR AMENDMENTS
BAIL ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
CRIMES (CONFISCATION) ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
CRIMINAL LAW AMENDMENT ACT 1945 . . . . . . . . . . . . . . . . . . . . . . 43
CRIMINAL OFFENCE VICTIMS ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . 43
DISTRICT COURT ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
EVIDENCE ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
5
Criminal Law Amendment Bill 2002
MENTAL HEALTH ACT 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
2002
A BILL
FOR
An Act to amend the criminal law, and for other purposes
s1 8 s5
Criminal Law Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Criminal Law Amendment Act 2002. 4
2 Commencement
Clause 5
(1) Section 3 commences on assent. 6
(2) The schedule, amendments of the Criminal Code, amendment 1 is 7
taken to have commenced on 28 February 2002. 8
(3) The remaining provisions of this Act commence on a day to be fixed 9
by proclamation. 10
3 Minor amendments
Clause 11
The schedule amends the Acts it mentions. 12
PART 2--AMENDMENT OF BAIL ACT 1980 13
4 Act amended in pt 2
Clause 14
This part amends the Bail Act 1980. 15
5 Amendment of s 7 (Power of police officer to grant bail)
Clause 16
(1) Section 7(1A)(b)-- 17
omit, insert-- 18
`(b) may or, if it is not practicable to bring the person before a court 19
within 24 hours after the person is taken into custody, must-- 20
s6 9 s6
Criminal Law Amendment Bill 2002
(i) grant bail to the person and release the person from custody 1
in accordance with this Act, unless this Act otherwise 2
provides; or 3
(ii) if the person is not a child--issue and serve on the person a 4
notice to appear and release the person from custody; or 5
(iii) if the person is a child and an attendance notice can be 6
issued--serve on the person an attendance notice and 7
release the person from custody.'. 8
(2) Section 7(4), after `section'-- 9
insert-- 10
`, the issuing and serving on a person of a notice to appear or the serving 11
on a person of an attendance notice'. 12
(3) Section 7-- 13
insert-- 14
`(6) In this section-- 15
"attendance notice" see the Juvenile Justice Act 1992, section 5. 16
"child" see the Juvenile Justice Act 1992, section 5. 17
"notice to appear" see the Police Powers and Responsibilities Act 2000, 18
schedule 4.'. 19
6 Amendment of s 20 (Undertaking as to bail)
Clause 20
(1) Section 20(3)(a)-- 21
omit, insert-- 22
`(a) the following conditions-- 23
(i) that the defendant must surrender into custody as required; 24
(ii) that the defendant must not depart from the court unless the 25
bail is enlarged; 26
(iii) whether or not the defendant is represented, that the 27
defendant must obey the directions of the court in relation to 28
any further appearance, whether the directions are given to 29
the defendant personally or to the defendant's counsel or 30
solicitor; and'. 31
(2) After section 20(3)-- 32
s7 10 s8
Criminal Law Amendment Bill 2002
insert-- 1
`(3AA) Despite subsection (3) and unless otherwise directed by the 2
court, the defendant need not surrender into custody or appear personally if 3
the defendant is represented by the defendant's counsel or solicitor.'. 4
PART 3--AMENDMENT OF CRIMINAL CODE 5
7 Code amended in pt 3
Clause 6
This part amends the Criminal Code. 7
8 Amendment of s 1 (Definitions)
Clause 8
Section 1-- 9
insert-- 10
` "family", for chapter 16,1 see section 119A. 11
"judicial officer" includes-- 12
(a) an arbitrator, or umpire, appointed in relation to an arbitration in 13
which evidence may be taken on oath; and 14
(b) a member of a tribunal established under an Act to perform 15
judicial functions or judicial functions and other functions; and 16
(c) a person conducting a hearing of the Crime and Misconduct 17
Commission under the Crime and Misconduct Act 2001, 18
chapter 4;2 and 19
(d) a justice of the peace constituting a court. 20
"judicial proceeding", for chapter 16,3 see section 119. 21
"stock" means any of the following animals or their young-- 22
(a) horse, asses, mules or camels; 23
1 Chapter 16 (Offences relating to the administration of justice)
2 Crime and Misconduct Act 2001, chapter 4 (Hearings and deciding claims of
privilege and excuse)
3 Chapter 16 (Offences relating to the administration of justice)
s9 11 s9
Criminal Law Amendment Bill 2002
(b) cattle, oxen or buffalo; 1
(c) sheep; 2
(d) swine; 3
(e) deer; 4
(f) goats.'. 5
9 Replacement of s 119 (Definition of "judicial proceeding")
Clause 6
Section 119-- 7
omit, insert-- 8
`119 Definitions for ch 16 9
`In this chapter-- 10
"family" see section 119A. 11
"judicial proceeding" includes any proceeding had or taken in or before 12
any court, tribunal or person, in which evidence may be taken on oath. 13
`119A Meaning of "family" 14
`(1) Each of the following is a member of a person's "family"-- 15
(a) a spouse, including a de facto partner, of the person; 16
(b) a child of the person; 17
(c) a parent, grandparent, grandchild or sibling of the person, 18
including-- 19
(i) if the person is an Aboriginal person, a person-- 20
(A) who is recognised under Aboriginal tradition4 as a 21
member of the Aboriginal person's family; and 22
4 Acts Interpretation Act 1954, section 36--
"Aboriginal tradition" means the body of traditions, observances, customs and
beliefs of Aboriginal people generally or of a particular community or group
of Aboriginal people, and includes any such traditions, observances, customs
and beliefs relating to particular persons, areas, objects or relationships.
s9 12 s9
Criminal Law Amendment Bill 2002
(B) with whom the Aboriginal person has a relationship 1
like that between an individual and a parent, 2
grandparent, grandchild or sibling of the individual; or 3
(ii) if the person is a Torres Strait Islander, a person-- 4
(A) who is recognised under Island custom as a member 5
5
of the Torres Strait Islander's family; and 6
(B) with whom the Torres Strait Islander has a relationship 7
like that between an individual and a parent, 8
grandparent, grandchild or sibling of the individual. 9
`(2) For subsection (1)(a), if a person lives in a marriage-like relationship 10
with another person but is not legally married to the other person, the 11
person is the other person's de facto partner, regardless of whether the 12
persons are different sexes or the same sex. 13
`(3) For subsection (1)(b)-- 14
(a) a biological, adopted, step or foster child of a person is a child of 15
the person; and 16
(b) an individual who is under 18 years and ordinarily a member of a 17
person's household is also a child of the person; and 18
(c) if a person is an Aboriginal person, an individual who is 19
recognised under Aboriginal tradition as a child of the person is 20
also a child of the person; and 21
(d) if a person is a Torres Strait Islander, an individual who is 22
recognised under Island custom as a child of the person is also a 23
child of the person. 24
`119B Retaliation against judicial officer, juror, witness or family 25
`A person who, without reasonable cause, causes, or threatens to cause, 26
any injury or detriment to a judicial officer, juror, witness or a member of 27
the family of a judicial officer, juror or witness in retaliation because of-- 28
5 Acts Interpretation Act 1954, section 36--
"Island custom", known in the Torres Strait as Ailan Kastom, means the body of
customs, traditions, observances and beliefs of Torres Strait Islanders
generally or of a particular community or group of Torres Strait Islanders, and
includes any such customs, traditions, observances and beliefs relating to
particular persons, areas, objects or relationships.
s 10 13 s 10
Criminal Law Amendment Bill 2002
(a) anything lawfully done by the judicial officer as a judicial officer; 1
or 2
(b) anything lawfully done by the juror or witness in any judicial 3
proceeding; 4
is guilty of a crime. 5
Maximum penalty--7 years imprisonment.'. 6
7
10 Amendment of s 120 (Judicial corruption)
Clause 8
(1) Section 120(1)(a), `the holder of a judicial office'-- 9
omit, insert-- 10
`a judicial officer'. 11
(2) Section 120(1)(b), `any person holding a judicial office'-- 12
omit, insert-- 13
`a judicial officer'. 14
(3) Section 120(1)(b), `the person holding the judicial office'-- 15
omit, insert-- 16
`the judicial officer'. 17
(4) Section 120(3)-- 18
omit. 19
(5) Section 120(2)-- 20
renumber as section 120(3). 21
(6) Section 120-- 22
insert-- 23
`(2) However, if the judicial officer is an arbitrator or umpire, the 24
maximum term of imprisonment to which the person is liable is 7 years.'. 25
(7) Section 120(4)-- 26
omit, insert-- 27
`(4) A prosecution for an offence against subsection (1) can not be 28
started without a Crown Law Officer's consent.'. 29
s 11 14 s 13
Criminal Law Amendment Bill 2002
11 Amendment of s 122 (Corrupting or threatening jurors)
Clause 1
(1) Section 122, heading-- 2
omit, insert-- 3
`122 Corruption of jurors'. 4
(2) Section 122(b)-- 5
omit. 6
(3) Section 122(c)-- 7
renumber as section 122(b). 8
(4) Section 122, from `misdemeanour'-- 9
omit, insert-- 10
`crime. 11
Maximum penalty--7 years imprisonment.'. 12
12 Amendment of s 398 (Punishment of stealing)
Clause 13
(1) Section 398(2), from `1 of' to `such animal'-- 14
omit, insert-- 15
`an animal that is stock'. 16
(2) Section 398, punishment in special cases, clause 9-- 17
omit, insert-- 18
`9 Stealing property valued at more than $5 000 19
`If the thing stolen is property, including an animal that is stock, and its 20
value is more than $5 000, the offender is liable to imprisonment for 10 21
years.'. 22
13 Replacement of ch 44, ch div 1, hdg
Clause 23
Chapter 44, chapter division 1, heading-- 24
omit, insert-- 25
`Chapter division 1--Offences relating to animals generally'. 26
s 14 15 s 17
Criminal Law Amendment Bill 2002
14 Amendment of s 444A (Killing animals with intent to steal)
Clause 1
Section 444A(3), `$25 000'-- 2
omit, insert-- 3
`$50 000'. 4
15 Amendment of s 444B (Using registered brands with criminal
Clause 5
intention) 6
(1) Section 444B(1), `3 years'-- 7
omit, insert-- 8
`5 years'. 9
(2) Section 444B(3), `$25 000'-- 10
omit, insert-- 11
`$50 000'. 12
16 Replacement of ch 44, ch div 2, hdg
Clause 13
Chapter 44, chapter division 2, heading-- 14
omit, insert-- 15
`Chapter division 2--Offences relating to stock'. 16
17 Amendment of s 445 (Unlawfully using cattle)
Clause 17
(1) Section 445, heading, `cattle'-- 18
omit, insert-- 19
`stock'. 20
(2) Section 445(1), from `a horse' to `such animal'-- 21
omit, insert-- 22
`an animal that is stock'. 23
(3) Section 445(1), from `an offence' to `1 year'-- 24
omit, insert-- 25
`a misdemeanour and is liable to imprisonment for 5 years'. 26
s 18 16 s 18
Criminal Law Amendment Bill 2002
(4) Section 445(2), `$5 000'-- 1
omit, insert-- 2
`$50 000'. 3
(5) Section 445(3), from `any horse' to `such animal, without'-- 4
omit, insert-- 5
`any animal that is stock, without'. 6
(6) Section 445(3), from `such horse' to `such animal, either'-- 7
omit, insert-- 8
`the animal, either'. 9
18 Amendment of s 446 (Suspicion of stealing cattle)
Clause 10
(1) Section 446, heading, `cattle'-- 11
omit, insert-- 12
`stock'. 13
(2) Section 446(1), from `any horse' to `such animal,'-- 14
omit, insert-- 15
`any animal that is stock'. 16
(3) Section 446(1), `an offence'-- 17
omit, insert-- 18
`a misdemeanour'. 19
(4) Section 446(1), `on summary conviction'-- 20
omit, insert-- 21
`to imprisonment for 5 years or'. 22
(5) Section 446(1), `, or to imprisonment for 1 year'-- 23
omit. 24
(6) Section 446(2), `$5 000'-- 25
omit, insert-- 26
`$50 000'. 27
s 19 17 s 21
Criminal Law Amendment Bill 2002
19 Amendment of s 447 (Illegal branding)
Clause 1
(1) Section 447(1), after `an animal'-- 2
insert-- 3
`that is stock'. 4
(2) Section 447(1), from `an offence' to `conviction'-- 5
omit, insert-- 6
`a misdemeanour, and is liable to imprisonment for 5 years or'. 7
(3) Section 447(1), `, or to imprisonment for 1 year'-- 8
omit. 9
(4) Section 447(2), `$5 000'-- 10
omit, insert-- 11
`$50 000'. 12
20 Amendment of s 448 (Defacing brands)
Clause 13
(1) Section 448(1)(a), `upon an animal'-- 14
omit, insert-- 15
`on an animal that is stock'. 16
(2) Section 448(1), from `an offence' to `conviction'-- 17
omit, insert-- 18
`a misdemeanour, and is liable to imprisonment for 5 years or'. 19
(3) Section 448(1), `or to imprisonment for 1 year'-- 20
omit. 21
(4) Section 448(2), `$5 000'-- 22
omit, insert-- 23
`$50 000'. 24
21 Amendment of s 448A (Having in possession an animal with
Clause 25
defaced brand) 26
(1) Section 448A, heading, `an animal'-- 27
s 22 18 s 24
Criminal Law Amendment Bill 2002
omit, insert-- 1
`stock'. 2
(2) Section 448A(1), `any animal upon'-- 3
omit, insert-- 4
`any animal that is stock on'. 5
(3) Section 448A(1), `an offence'-- 6
omit, insert-- 7
`a misdemeanour'. 8
(4) Section 448A(1), `on summary conviction'-- 9
omit, insert-- 10
`to imprisonment for 5 years or'. 11
(5) Section 448A(1), `or to imprisonment for 1 year'-- 12
omit. 13
(6) Section 448A(2), `$5 000'-- 14
omit, insert-- 15
`$50 000'. 16
22 Omission of s 450 (Committal for trial)
Clause 17
Section 450-- 18
omit. 19
23 Omission of s 450C (Effect of civil proceedings)
Clause 20
Section 450C-- 21
omit. 22
24 Amendment of ch 44A, hdg
Clause 23
Chapter 44A, heading, `ANIMALS'-- 24
omit, insert-- 25
`STOCK'. 26
s 25 19 s 29
Criminal Law Amendment Bill 2002
25 Replacement of s 450D (Meaning of term "animal")
Clause 1
Section 450D-- 2
omit, insert-- 3
`450D Definition for ch 44A 4
`In this chapter-- 5
"animal" means any animal that is stock.'. 6
26 Amendment of s 450H (Licence disqualification where
Clause 7
commission of offence facilitated by licence or use of vehicle) 8
Section 450H(1) and (4), `Stipendiary Magistrate'-- 9
omit, insert-- 10
`magistrate'. 11
27 Amendment of s 450I (Forfeiture in cases of conviction for
Clause 12
offences under specified sections) 13
Section 450I(1), `Stipendiary Magistrate'-- 14
omit, insert-- 15
`magistrate'. 16
28 Amendment of s 468 (Injuring animals)
Clause 17
Section 468(2), from `a horse' to `such animal'-- 18
omit, insert-- 19
`stock'. 20
29 Amendment of s 568 (Cases in which several charges may be
Clause 21
joined) 22
(1) Section 568(9) and (10)-- 23
renumber as section 568(11) and (12). 24
(2) Section 568(6) to (8)-- 25
omit, insert-- 26
s 29 20 s 29
Criminal Law Amendment Bill 2002
`(6) Any 2 or all of the following charges may be joined in the same 1
indictment (a "subsection (6) indictment")-- 2
(a) entering or being in a dwelling or premises and stealing property 3
in the dwelling or premises; 4
(b) stealing all or part of property the subject of the indictment; 5
(c) receiving all or part of property the subject of the indictment 6
having reason to believe the property is stolen. 7
`(7) If a subsection (6) indictment is preferred against a person, the 8
person may, according to the evidence, be convicted of the offence 9
mentioned in subsection (6)(a), the offence mentioned in subsection (6)(b) 10
or the offence mentioned in subsection (6)(c). 11
`(8) If a subsection (6) indictment is preferred against 2 or more 12
persons-- 13
(a) all or any of them may, according to the evidence, be convicted 14
of the offence mentioned in subsection (6)(a), the offence 15
mentioned in subsection (6)(b) or the offence mentioned in 16
subsection (6)(c); or 17
(b) 1 or more of them may, according to the evidence, be convicted 18
of 1 of the offences and the other or others of them may be 19
convicted of another of the offences, or of 1 or the other of the 20
other offences. 21
`(9) However, if the jury finds specially-- 22
(a) that a person charged on a subsection (6) indictment-- 23
(i) entered or was in a dwelling or premises and stole property 24
in the dwelling or premises; or 25
(ii) stole all or part of property the subject of the indictment; or 26
(iii) received all or part of property the subject of the indictment 27
having reason to believe the property to have been stolen; or 28
(b) that a person charged on a subsection (6) indictment committed 29
1 of any 2 of the offences mentioned in paragraph (a); 30
but can not say which of the offences (the "alternative offences") was 31
committed by the person, the trial judge must enter a conviction against the 32
person for 1 of the alternative offences in accordance with subsection (10). 33
`(10) For subsection (9), the trial judge must enter a conviction for the 34
following offence-- 35
s 30 21 s 31
Criminal Law Amendment Bill 2002
(a) if the same maximum penalty is provided for the alternative 1
offences, the alternative offence decided by the trial judge; or 2
(b) if a particular maximum penalty is provided for 1 of the 3
alternative offences and the same lower maximum penalty is 4
provided for the other alternative offences, 1 of the other 5
alternative offences decided by the trial judge; or 6
(c) otherwise, the alternative offence for which the lowest or lower 7
maximum penalty is provided.'. 8
30 Amendment of s 588 (Charge of stealing cattle)
Clause 9
(1) Section 588, heading, `cattle'-- 10
omit, insert-- 11
`stock'. 12
(2) Section 588, from `a horse' to `such animal'-- 13
omit, insert-- 14
`an animal that is stock'. 15
(3) Section 588, `summarily'-- 16
omit. 17
31 Amendment of s 588A (Charges of stealing certain animals and of
Clause 18
killing certain animals with intent to steal) 19
(1) Section 588A(1)-- 20
omit. 21
(2) Section 588A(2), `stealing an animal'-- 22
omit, insert-- 23
`stealing an animal that is stock'. 24
(3) Section 588A(2) to (4)-- 25
renumber as section 588A(1) to (3). 26
s 32 22 s 33
Criminal Law Amendment Bill 2002
32 Amendment of s 671G (Grant of bail to appellant and custody
Clause 1
when attending Court) 2
Subsections (3) and (3A)-- 3
omit, insert-- 4
`(2) The period the appellant is in custody pending the determination of 5
the appeal counts as part of any term of imprisonment under the appellant's 6
sentence. 7
`(3) If an appellant is released on bail pending the determination of the 8
appeal-- 9
(a) the period the appellant is released on bail does not count as part 10
of any term of imprisonment under the appellant's sentence, 11
whether passed by the court of trial or the Court; and 12
(b) the appellant's imprisonment under the appellant's sentence 13
resumes or begins to run, as the case requires, on the day the 14
appellant is received into prison under the appellant's sentence.'. 15
33 Insertion of new ch 75
Clause 16
At the end-- 17
insert-- 18
`CHAPTER 75--TRANSITIONAL PROVISION FOR 19
CRIMINAL LAW AMENDMENT ACT 2002 20
`712 Transitional provision for Criminal Law Amendment Act 2002 21
`Section 568(6) to (8), as in force at any time before the commencement 22
of this section, continues to apply in relation to an indictment under 23
section 568(6) presented before the commencement of this section as if the 24
Criminal Law Amendment Act 2002, section 29 had not been enacted.'. 25
s 34 23 s 35
Criminal Law Amendment Bill 2002
PART 4--AMENDMENT OF CRIMINAL LAW 1
AMENDMENT ACT 1945 2
34 Act amended in pt 4
Clause 3
This part amends the Criminal Law Amendment Act 1945. 4
35 Amendment of s 18 (Detention of persons incapable of controlling
Clause 5
sexual instincts) 6
(1) Section 18(1A), `prison or police gaol as defined in the Corrective 7
Services Act 1988'-- 8
omit, insert-- 9
`corrective services facility or watch-house'. 10
(2) Section 18(5)(a), `any prison or police goal as defined in the 11
Corrective Services Act 1988'-- 12
omit, insert-- 13
`a corrective services facility or watch-house'. 14
(3) Section 18(6A)(a), `any prison or police goal as aforesaid'-- 15
omit, insert-- 16
`a corrective services facility or watch-house'. 17
(4) Section 18(10)-- 18
omit. 19
(5) Section 18-- 20
insert-- 21
`(14) In this section-- 22
"corrective services facility" see Corrective Services Act 2000, 23
schedule 3. 24
"institution" means-- 25
(a) a corrective services facility or watch-house; or 26
(b) another institution prescribed under a regulation to be an 27
institution for this section. 28
s 36 24 s 36
Criminal Law Amendment Bill 2002
"release" means unconditional release and does not include release under 1
part 3A.'. 2
36 Insertion of new part 3A 3
Clause
After Part 3-- 4
insert-- 5
`PART 3A--CONDITIONAL RELEASE OF OFFENDERS 6
DETAINED UNDER PT 3 7
`18A Definitions for pt 3A 8
`In this part-- 9
"corrective services officer" means a person who holds an appointment as 10
a corrective services officer under the Corrective Services Act 2000, 11
section 201. 12
"detainee" means an offender or prisoner who is detained in an institution 13
during Her Majesty's pleasure under a direction under section 18(3), 14
(4) or (6). 15
"institution" see section 18. 16
"post-prison community based release order" see the Corrective 17
Services Act 2000, schedule 3. 18
"Queensland board" means the Queensland Community Corrections 19
Board established under the Corrective Services Act 2000, 20
section 156. 21
`18B Post-prison community based release orders under Corrective 22
Services Act 2000 23
`(1) The Corrective Services Act 2000, chapter 56 applies to a detainee, 24
subject to this part, as if-- 25
(a) instead of being detained at Her Majesty's pleasure, the detainee 26
were a prisoner serving a term of life imprisonment (a "notional 27
term of life imprisonment") to whom the Criminal Code, 28
section 305(2) does not apply;7 and 29
6 Corrective Services Act 2000, chapter 5 (Post-prison community based release)
s 36 25 s 36
Criminal Law Amendment Bill 2002
(b) for a detainee whose detention began under section 18(7) at the 1
end of a term of imprisonment (an "original term of 2
imprisonment")--the detainee began to serve the notional term 3
of life imprisonment when the detainee began to serve the 4
original term of imprisonment; and 5
(c) for a detainee whose detention began under section 18(7A) when 6
the judge ordered the detention--the detainee began to serve the 7
notional term of life imprisonment when the judge ordered the 8
detention. 9
`(2) If a detainee committed the relevant offence before 1 July 1997, the 10
Corrective Services Act 2000, chapter 5 applies to the detainee as if the 11
period of 15 years mentioned in section 135(2)(b) of that Act were a period 12
of 13 years. 13
`(3) In this section-- 14
"relevant offence" means-- 15
(a) for a detainee dealt with by a judge under section 18(1)--the 16
offence mentioned in section 18(1) of which the detainee was 17
found guilty; or 18
(b) for a detainee about whom an application was made under 19
section 18(4)--the offence mentioned in section 18(4) for which 20
the detainee was serving a sentence of imprisonment. 21
`18C No exceptional circumstances parole order 22
`A detainee may not apply for or be granted an exceptional 23
circumstances parole order under the Corrective Services Act 2000, 24
chapter 5. 25
`18D Submissions by Attorney-General 26
`(1) If a detainee applies to the Queensland board for a post-prison 27
community based release order, the Queensland board must give the 28
Attorney-General a copy of the application. 29
`(2) The Attorney-General may make written submissions to the 30
Queensland board in relation to the application. 31
7 See the Corrective Services Act 2000, section 135(2)(b).
s 36 26 s 36
Criminal Law Amendment Bill 2002
`(3) The Queensland board must consider any submissions by the 1
Attorney-General when deciding whether to grant the application. 2
`18E Additional test for conditional release 3
`The Queensland board must not grant a detainee a post-prison 4
community based release order unless, in addition to any other matter of 5
which the Queensland board must be satisfied under the Corrective 6
Services Act 2000, the Queensland board is satisfied the detainee does not 7
represent an unacceptable risk to the safety of others. 8
`18F Additional conditions may be imposed 9
`A post-prison community based release order for a detainee may, in 10
addition to any other conditions, contain conditions the Queensland board 11
considers reasonable requiring the detainee to-- 12
(a) submit to medical, psychiatric or psychological treatment; or 13
(b) report for drug testing to a corrective services officer. 14
`18G Detainee deemed a prisoner for offence of being unlawfully at 15
large 16
`To remove any doubt, it is declared that a detainee released under this 17
part is a prisoner for the Corrective Services Act 2000, section 94(j). 18
`18H Effect on unconditional release 19
`(1) To remove any doubt, it is declared that nothing in this part prevents 20
the unconditional release of a detainee under section 18(5)(b) or (6A)(b). 21
`(2) If a detainee released under this part is unconditionally released 22
under section 18(5)(b) or (6A)(b), the effect of this part ends in relation to 23
the detainee.'. 24
s 37 27 s 41
Criminal Law Amendment Bill 2002
PART 5--AMENDMENT OF DRUG REHABILITATION 1
(COURT DIVERSION) ACT 2000 2
37 Act amended in pt 5
Clause 3
This part amends the Drug Rehabilitation (Court Diversion) Act 2000. 4
38 Amendment of s 15 (Deciding whether to refer for assessment)
Clause 5
Section 15(2)-- 6
insert-- 7
`(c) the maximum number of active intensive drug rehabilitation 8
orders prescribed under a regulation has not been exceeded.'. 9
39 Amendment of s 19 (Making of order)
Clause 10
(1) Section 19(g) and (h)-- 11
renumber as section 19(h) and (i). 12
(2) Section 19-- 13
insert-- 14
`(g) the maximum number of active intensive drug rehabilitation 15
orders prescribed under a regulation has not been exceeded; and'. 16
40 Amendment of s 34 (Terminating rehabilitation programs)
Clause 17
Section 34(3), after `If'-- 18
insert-- 19
`the magistrate terminates the rehabilitation program and'. 20
41 Insertion of new s 35A
Clause 21
After section 35-- 22
insert-- 23
s 42 28 s 43
Criminal Law Amendment Bill 2002
`35A Inclusion of new rehabilitation program 1
`(1) This section applies when an offender is brought before a pilot 2
program magistrate after the offender's rehabilitation program has been 3
terminated by a magistrate in the offender's absence for a reason mentioned 4
in section 34(1)(c) or (d). 5
`(2) Unless the offender's intensive drug rehabilitation order has been 6
vacated under section 34(3), the pilot program magistrate may amend the 7
intensive drug rehabilitation order to include a new rehabilitation program. 8
`(3) The pilot program magistrate may amend the intensive drug 9
rehabilitation order to include a new rehabilitation program only if-- 10
(a) the pilot program magistrate is satisfied of the matters mentioned 11
in section 19 and is satisfied the offender has reasonable 12
prospects of successfully completing the new rehabilitation 13
program; and 14
(b) the offender agrees to the order being amended and agrees to 15
comply with it.'. 16
42 Amendment of s 36 (Final sentence to be decided on completion or
Clause 17
termination of rehabilitation program) 18
Section 36(1)(b), after `reason'-- 19
insert-- 20
`unless a new rehabilitation program is included in the offender's intensive 21
drug rehabilitation order under section 35A'. 22
43 Amendment of s 39 (Disclosing compliance or failure to comply
Clause 23
with rehabilitation program) 24
(1) Section 39 heading-- 25
omit, insert-- 26
`39 Disclosure of compliance and related information'. 27
(2) Section 39(1)-- 28
omit, insert-- 29
`(1) A prescribed person-- 30
s 44 29 s 44
Criminal Law Amendment Bill 2002
(a) must promptly give the corrective services' chief executive, or a 1
pilot program magistrate, any compliance information the 2
prescribed person has about the offender; and 3
(b) may enter in the pilot program database any compliance 4
information or related information the prescribed person has 5
about the offender.'. 6
(3) Section 39(2), after `given'-- 7
insert-- 8
`or entered'. 9
(4) Section 39(5)-- 10
insert-- 11
"compliance information" means any information about the offender's 12
compliance with, or failure to comply with-- 13
(a) the requirements of the offender's intensive drug rehabilitation 14
order; or 15
(b) the offender's rehabilitation program. 16
"pilot program database" means a database for the pilot court diversion 17
program to which only a prescribed person has access. 18
"related information" means any information, other than compliance 19
information, about the offender obtained in the administration of, or in 20
the provision of services in connection with, the offender's 21
rehabilitation program.'. 22
44 Amendment of s 43 (Regulation-making power)
Clause 23
Section 43-- 24
insert-- 25
`(2) A regulation prescribing the maximum number of active intensive 26
drug rehabilitation orders may prescribe the maximum number of active 27
intensive drug rehabilitation orders applicable for persons who reside 28
within a stated locality. 29
`(3) A regulation may prescribe guidelines for a particular pilot program 30
court. 31
s 45 30 s 46
Criminal Law Amendment Bill 2002
`(4) Without limiting subsection (3), a regulation may prescribe 1
guidelines for a particular pilot program court about the following 2
matters-- 3
(a) the requirements of an intensive drug rehabilitation order; 4
5
Example--
6
The maximum number of attendances ordinarily required before a pilot
7
program magistrate during a particular period.
(b) the contents and requirements of a rehabilitation program; 8
9
Example--
10
The maximum number of times an offender must ordinarily report for drug
11
testing during a particular period.
(c) the ordinary requirements for successful completion of a 12
rehabilitation program.'. 13
45 Amendment of s 47 (Expiry of Act)
Clause 14
(1) Section 47(1), `30 months'-- 15
omit, insert-- 16
`42 months'. 17
(2) Section 47-- 18
insert-- 19
`(1A) However, a regulation made before the end of the 42 months may 20
defer the expiry of this Act, but only for 1 year.'. 21
(3) Section 47(2), `subsection (1)'-- 22
omit, insert-- 23
`this section'. 24
46 Amendment of schedule (Dictionary)
Clause 25
Schedule-- 26
insert-- 27
` "active intensive drug rehabilitation order" means an intensive drug 28
rehabilitation order other than-- 29
s 47 31 s 48
Criminal Law Amendment Bill 2002
(a) an intensive drug rehabilitation order, the rehabilitation program 1
for which has been terminated under section 34; or 2
(b) an intensive drug rehabilitation order that has been vacated.'. 3
PART 6--AMENDMENT OF EVIDENCE ACT 1977 4
47 Act amended in pt 6
Clause 5
This part amends the Evidence Act 1977. 6
48 Insertion of new s 95A
Clause 7
After section 95-- 8
insert-- 9
`95A DNA evidentiary certificate 10
`(1) This section applies to a criminal proceeding. 11
`(2) A certificate, in the approved form, purporting to be signed by a 12
DNA analyst and stating any of the following matters is evidence of the 13
matter-- 14
(a) that a stated thing was received at a stated laboratory on a stated 15
day; 16
(b) that the thing was tested at the laboratory on a stated day or 17
between stated days; 18
(c) that a stated DNA profile has been obtained from the thing; 19
(d) that the DNA analyst-- 20
(i) examined the laboratory's records relating to the receipt, 21
storage and testing of the thing, including any test process 22
that was done by someone other than the DNA analyst; and 23
(ii) confirms that the records indicate that all quality assurance 24
procedures for the receipt, storage and testing of the thing 25
that were in place in the laboratory at the time of the test 26
were complied with. 27
`(3) If a party intends to rely on the certificate, the party must-- 28
s 48 32 s 48
Criminal Law Amendment Bill 2002
(a) at least 10 business days before the hearing day, give a copy of 1
the certificate to each other party; and 2
(b) at the hearing, call the DNA analyst to give evidence. 3
`(4) If the chief executive receives a written request from a party for a 4
copy of the laboratory's records relating to the receipt, storage and testing 5
of the thing, the chief executive must give the party a copy of the records 6
within 7 business days after receiving the request. 7
`(5) If a party intends to challenge a matter stated in the certificate, the 8
party must, at least 3 business days before the hearing day, give the chief 9
executive and each other party notice, in the approved form, of the matter 10
to be challenged. 11
`(6) A party challenging a matter stated in the certificate may, with the 12
leave of the court, require the party relying on the certificate to call any 13
person involved in the receipt, storage or testing of the thing to give 14
evidence at the hearing. 15
`(7) The court may give leave only if the court is satisfied that-- 16
(a) an irregularity may exist in relation to the receipt, storage or 17
testing of the thing about which the person to be called is able to 18
give evidence; or 19
(b) it is in the interests of justice that the person be called to give 20
evidence. 21
`(8) Any equipment used in testing the thing at the laboratory is to be 22
taken to have given accurate results in the absence of evidence to the 23
contrary. 24
`(9) In this section-- 25
"chief executive" means the chief executive of the department within 26
which the Health Act 1937 is administered. 27
"DNA analyst" means a person who holds an appointment as a DNA 28
analyst under section 133A. 29
"DNA profile" means the result from DNA analysis. 30
"hearing day" means the day fixed for the start of the hearing of the 31
proceeding. 32
"party" means the prosecution or a person charged in the proceeding.'. 33
s 49 33 s 53
Criminal Law Amendment Bill 2002
49 Insertion of new s 133A
Clause 1
After section 133-- 2
insert-- 3
`133A DNA analysts 4
`(1) The chief executive of the department within which the Health Act 5
1937 is administered may appoint a public service officer as a DNA analyst 6
if satisfied the officer has the necessary qualifications and experience to be 7
a DNA analyst. 8
`(2) The appointment takes effect on the day it is notified in the gazette.'. 9
PART 7--AMENDMENT OF JURY ACT 1995 10
50 Act amended in pt 7
Clause 11
This part amends the Jury Act 1995. 12
51 Amendment of s 12 (Arrangements with commissioner of the
Clause 13
police service) 14
Section 12(3), `Subsection (2)'-- 15
insert-- 16
`Subsection (1)'. 17
52 Amendment of s 20 (Power of judge to excuse from jury service)
Clause 18
Section 20(3), `in court or chambers and'-- 19
omit. 20
53 Amendment of s 37 (Materials to be given by sheriff)
Clause 21
(1) Section 37(1)(a), `addresses'-- 22
omit, insert-- 23
`locality addresses'. 24
s 54 34 s 55
Criminal Law Amendment Bill 2002
(2) Section 37(1)(b), `address'-- 1
omit, insert-- 2
`locality address'. 3
(3) Section 37-- 4
insert-- 5
`(3) In this section-- 6
"locality address", of a person, means the city, town, suburb or other 7
locality in which the person resides.'. 8
54 Insertion of new s 69A
Clause 9
After section 69-- 10
insert-- 11
`69A Inquiries by juror about accused prohibited 12
`(1) A person who has been sworn as a juror in a criminal trial must not 13
inquire about the defendant in the trial until the jury of which the person is 14
a member has given its verdict, or the person has been discharged by the 15
judge. 16
Maximum penalty--2 years imprisonment. 17
`(2) Subsection (1) does not prevent a juror making an inquiry being 18
made of the court to the extent necessary for the proper performance of a 19
juror's functions. 20
`(3) In this section-- 21
"inquire" includes-- 22
(a) search an electronic database for information, for example, by 23
using the Internet; and 24
(b) cause someone else to inquire.'. 25
55 Amendment of s 70 (Confidentiality of jury deliberations)
Clause 26
Section 70(9), `(which may be made in chambers)'-- 27
omit. 28
s 56 35 s 57
Criminal Law Amendment Bill 2002
PART 8--AMENDMENT OF JUSTICES ACT 1886 1
56 Act amended in pt 8
Clause 2
This part amends the Justices Act 1886. 3
57 Insertion of new pt 4, div 10A
Clause 4
After section 83-- 5
insert-- 6
`Division 10A--Direction hearing 7
`83A Direction hearing 8
`(1) This section applies to a proceeding for an offence. 9
`(2) A magistrate, on his or her own initiative, may direct the parties to 10
the proceeding to attend at a direction hearing. 11
`(3) A party to the proceeding may apply to a court, in the approved 12
form, for a direction hearing. 13
`(4) The party must serve a copy of the filed application on each other 14
party at least 2 clear days before the day nominated for the direction 15
hearing, unless the court directs otherwise. 16
`(5) At a direction hearing, a magistrate may give a direction he or she is 17
entitled to make at law about any aspect of the conduct of the proceeding, 18
including, for example, about any of the following-- 19
(a) a party providing a copy of-- 20
(i) a medical, psychiatric or other expert report; or 21
(ii) a statement, report or other information relevant to the 22
proceeding; 23
(b) psychiatric or other medical examination of the defendant; 24
(c) joining complaints; 25
(d) receiving evidence or submissions by telephone, video link or 26
other form of communication; 27
(e) issuing a summons or warrant; 28
s 58 36 s 59
Criminal Law Amendment Bill 2002
(f) changing the usual practice of the court in a way that helps an 1
alleged victim of the offence to give evidence in the proceeding; 2
(g) if the proceeding is a committal proceeding--cross-examining 3
protected witnesses under the Evidence Act 1977, part 2, 4
division 6.8 5
`(6) A direction is binding unless a magistrate, for special reason, gives 6
leave to reopen the direction. 7
`(7) A direction must not be subject to interlocutory appeal but may be 8
raised as a ground of appeal against conviction or sentence. 9
`(8) To remove any doubt, it is declared that costs are not payable on a 10
direction hearing in relation to an offence dealt with by way of committal 11
proceeding. 12
`(9) In this section-- 13
"direction hearing" means a hearing before the court for a direction about 14
the conduct of the proceeding.'. 15
58 Amendment of s 84 (Remand of defendant)
Clause 16
Section 84-- 17
insert-- 18
`(2) However, if the defendant is represented by counsel or a solicitor, 19
the defendant need not be present at the further hearing unless-- 20
(a) the justices before whom the defendant appears order otherwise; 21
or 22
(b) a charge is being heard and determined, an examination of a 23
witness is being conducted or a penalty is being imposed.'. 24
59 Amendment of s 158A (Exercise of discretion in relation to an
Clause 25
award of costs) 26
(1) Section 158A(2)(g) and (h)-- 27
renumber as section 158A(2)(h) and (i). 28
(2) Section 158A(2)-- 29
8 Evidence Act 1977, part 2 (Witnesses), division 6 (Cross-examination of protected
witnesses)
s 60 37 s 62
Criminal Law Amendment Bill 2002
insert-- 1
`(g) whether there was a failure to comply with a direction given 2
under section 83A;9 and'. 3
PART 9--AMENDMENT OF PENALTIES AND 4
SENTENCES ACT 1992 5
60 Act amended in pt 9
Clause 6
This part amends the Penalties and Sentences Act 1992. 7
61 Amendment of s 92 (Effect of order)
Clause 8
Section 92(1)(b)(i), `6 months'-- 9
omit, insert-- 10
`1 year'. 11
62 Amendment of s 146 (Consequences of committing offence during
Clause 12
operational period) 13
(1) Section 146(2)-- 14
omit, insert-- 15
`(2) If the court mentioned in subsection (1) has like jurisdiction to the 16
court that made the order, the first court must deal with the offender under 17
section 147 for the suspended imprisonment. 18
`(2A) If the court mentioned in subsection (1) is of higher jurisdiction 19
than the court that made the order, the first court must deal with the 20
offender under section 147 for the suspended imprisonment unless the 21
court considers that it would be in the interests of justice for the offender to 22
be dealt with under section 147 by the court that made the order. 23
`(2B) If, under subsection (2A), the first court does not deal with the 24
offender under section 147 for the suspended imprisonment, it must-- 25
9 Section 83A (Direction hearing)
s 63 38 s 64
Criminal Law Amendment Bill 2002
(a) commit the offender to custody to be brought; or 1
(b) grant bail to the offender conditioned to appear; 2
before a court of like jurisdiction to the court that made the order.'. 3
(2) Section 146(7), `(4) or (6)'-- 4
omit, insert-- 5
`(2B), (4) or (6)'. 6
63 Amendment of s 147 (Power of court mentioned in s 146)
Clause 7
(1) Section 147(1), after `section 146(2)'-- 8
insert-- 9
`, (2A)'. 10
(2) Section 147(1)(a)-- 11
omit, insert-- 12
`(a) order-- 13
(i) that the operational period be extended for not longer than 14
1 year; or 15
(ii) if the operational period has expired when the court is 16
dealing with the offender-- 17
(A) that the offender's term of imprisonment be further 18
suspended; and 19
(B) that the offender be subject to a further stated 20
operational period of not longer than 1 year during 21
which the offender must not commit another offence 22
punishable by imprisonment if the offender is to avoid 23
being dealt with under section 146 for the suspended 24
imprisonment; or'. 25
64 Amendment of s 171 (Review--periodic)
Clause 26
(1) Section 171(1)(a)(i) and (ii)-- 27
omit, insert-- 28
`(i) if the offender's nominal sentence is other than life 29
imprisonment--50% of the offender's nominal sentence; or 30
s 65 39 s 66
Criminal Law Amendment Bill 2002
(ii) if the offender's nominal sentence is life imprisonment and 1
the Criminal Code, section 305(2) does not 2
apply--15 years; or 3
(iii) if the offender's nominal sentence is life imprisonment and 4
the Criminal Code, section 305(2) applies--20 years; and'. 5
(2) Section 171-- 6
insert-- 7
`(3) Subsection (1)(a), as in force immediately before the 8
commencement of this subsection, continues to apply in relation to an 9
indefinite sentence that was imposed in relation to an offence committed 10
before the commencement.'. 11
65 Insertion of new s 210
Clause 12
Part 14-- 13
insert-- 14
`210 Transitional provisions for Criminal Law Amendment Act 2002 15
`(1) For applying section 92(1)(b)(i) for the purpose of making or 16
amending a probation order under part 5, division 1 in relation to an 17
offence, it does not matter whether the offence was committed before or 18
after the commencement of this section. 19
`(2) For applying section 147(1)(a), it does not matter when the order 20
mentioned in section 146(1)(a) or (b) was made under section 144.'. 21
PART 10--AMENDMENT OF POLICE POWERS AND 22
RESPONSIBILITIES ACT 2000 23
66 Act amended in pt 10
Clause 24
This part amends the Police Powers and Responsibilities Act 2000. 25
s 67 40 s 68
Criminal Law Amendment Bill 2002
67 Amendment of s 219 (Notice to appear equivalent to a complaint
Clause 1
and summons) 2
(1) Section 219(3)-- 3
renumber as section 219(4). 4
(2) Section 219-- 5
insert-- 6
`(3) If an officer-in-charge of a police establishment or a watch-house 7
manager-- 8
(a) if the person is an adult--issues and serves a notice to appear on 9
a person under section 225(2)(b); or 10
(b) if the person is a child--serves on the person an attendance 11
notice under the Juvenile Justice Act 1992; 12
the police officer who arrested the person, and not the officer-in-charge or 13
the watch-house manager, is taken to have started the proceeding against 14
the person.'. 15
68 Amendment of s 225 (Duty of police officer receiving custody of
Clause 16
person arrested for offence) 17
(1) Section 225(2)(b) and (c)-- 18
renumber as section 225(2)(d) and (e). 19
(2) Section 225(2)-- 20
insert-- 21
`(b) if the person is an adult--issue and serve a notice to appear on 22
the person; or 23
(c) if the person is a child--serve on the person an attendance notice 24
under the Juvenile Justice Act 1992; or'. 25
41
Criminal Law Amendment Bill 2002
SCHEDULE 1
MINOR AMENDMENTS 2
section 3 3
BAIL ACT 1980 4
1 Section 28A, heading-- 5
omit, insert-- 6
`28A Other warrants for apprehension of defendant'. 7
2 Section 28A(1)-- 8
omit, insert-- 9
`(1) A court that a defendant is required to appear before may issue a 10
warrant for the defendant's apprehension if the defendant fails to surrender 11
into custody after being-- 12
(a) released on bail by the Supreme Court or District Court on 13
condition that the defendant will appear before a Magistrates 14
Court; or 15
(b) released on bail by a Magistrates Court or the Childrens Court, or 16
by any justice or justices conducting a committal proceeding, on 17
the defendant entering into an undertaking; or 18
(c) released on bail under section 7(1A)(b);10 or 19
(d) released on bail on the defendant making a deposit of money 20
under section 14 or 14A;11 or 21
10 Section 7 (Power of police officer to grant bail)
11 Section 14 (Release of persons apprehended on making deposit of money as security
for appearance) or 14A (Magistrates Courts may grant cash bail or permit to go at
large)
42
Criminal Law Amendment Bill 2002
SCHEDULE (continued)
(e) released on bail that has been continued under section 34A(2) or 1
34B(2);12 or 2
(f) permitted to go at large without bail.'. 3
CRIMES (CONFISCATION) ACT 1989 4
1 Section 23(4)(d), `of'-- 5
omit, insert-- 6
`if'. 7
2 Section 79(1), section 26 heading, `order'-- 8
omit. 9
CRIMINAL CODE 10
1 Section 145A(a), `section 535;'-- 11
omit, insert-- 12
`section 540;13'. 13
2 Part 5, heading, `and against the reputation of individuals'-- 14
omit. 15
12 Section 34A (Varying bail if summary charge transmitted from court of summary
jurisdiction to another court) or 34B (Varying bail if summary charge transmitted
from receiving court back to court of summary jurisdiction)
13 Mental Health Act 2000, section 540 (Legal custody of particular patients)
43
Criminal Law Amendment Bill 2002
SCHEDULE (continued)
3 Chapter 44, chapter division 3, heading-- 1
omit, insert-- 2
`Chapter division 3--Arrest'. 3
CRIMINAL LAW AMENDMENT ACT 1945 4
1 Section 2A, heading-- 5
omit, insert-- 6
`2A Interpretation'. 7
CRIMINAL OFFENCE VICTIMS ACT 1995 8
1 Section 10(4)(a)-- 9
omit, insert-- 10
`(a) Criminal Practice Rules 1999, rule 55;14'. 11
DISTRICT COURT ACT 1967 12
1 Section 61(2)(b)-- 13
omit, insert-- 14
14 Criminal Practice Rules 1999, rule 55 (Custody of exhibits)
44
Criminal Law Amendment Bill 2002
SCHEDULE (continued)
`(b) an offence under the Criminal Code, section 64, 65, 208, 213, 1
215, 216, 219, 222, 229B, 315, 316, 317, 318, 319, 319A, 349, 2
352, 398, 409, 411, 412, 415, 419, 421, 461 or 469.15'. 3
EVIDENCE ACT 1977 4
1 Schedule 2-- 5
omit, insert-- 6
15 Criminal Code, section 64 (Rioters remaining after proclamation ordering them to
disperse), 65 (Rioters demolishing buildings etc.), 208 (Unlawful sodomy),
213 (Owner etc. permitting abuse of children on premises), 215 (Carnal knowledge
with or of children under 16), 216 (Abuse of intellectually impaired persons),
219 (Taking child for immoral purposes), 222 (Incest), 229B (Maintaining a sexual
relationship with a child), 315 (Disabling in order to commit indictable offence),
316 (Stupefying in order to commit indictable offence), 317 (Acts intended to cause
grievous bodily harm and other malicious acts), 318 (Obstructing rescue or escape
from unsafe premises), 319 (Intentionally endangering safety of persons travelling
by railway), 319A (Endangering safety of persons travelling by aircraft),
349 (Rape), 352 (Sexual assaults), 398 (Punishment of stealing), 409 (Definition of
"robbery"), 411 (Punishment of robbery), 412 (Attempted robbery),
415 (Demanding property, benefit or performance of services with threats),
419 (Burglary), 421 (Entering or being in premises and committing indictable
offences), 461 (Arson) or 469 (Wilful damage)
45
Criminal Law Amendment Bill 2002
SCHEDULE (continued)
`SCHEDULE 2 1
section 8(4) 2
1. Criminal Code, section 208, 209, 210, 211, 215, 216, 219, 222, 229B, 3
302, 303, 306, 308, 311, 315, 316, 317, 318, 319, 319A, 320, 321, 4
322, 323, 324, 326, 335, 339, 340, 349, 350, 351 or 352.16'. 5
MENTAL HEALTH ACT 2000 6
1 Sections 128(b), 166(1)(b), 186(1)(b), 508(1)(c), 519(1)(c), 520(1) 7
and (3), 540(1)(c), 543(1) and schedule 2, definition "patient", 8
paragraph (e)(ii) and definition "treating health service", 9
paragraph (a)(iv), `337(5)'-- 10
omit, insert-- 11
`337(6)'. 12
16 Criminal Code section 208 (Unlawful sodomy), 209 (Attempted sodomy),
210 (Indecent treatment of children under 16), 211 (Bestiality), 215 (Carnal
knowledge with or of children under 16), 216 (Abuse of intellectually impaired
persons), 219 (Taking child for immoral purposes), 222 (incest), 229B (Maintaining
a sexual relationship with a child). 302 (Definition of "murder"), 303 (Definition of
"manslaughter"), 306 (Attempt to murder), 308 (Threats to murder in document),
311 (Aiding suicide), 315 (Disabling in order to commit indictable offence),
316 (Stupefying in order to commit indictable offence), 317 (Acts intended to cause
grievous bodily harm and other malicious acts), 318 (Obstructing rescue or escape
from unsafe premises), 319 (Intentionally endangering safety of persons travelling
by railway). 319A (Endangering safety of persons travelling by aircraft),
320 (Grievous bodily harm), 321 (Attempting to injure by explosive or noxious
substances), 322 (Maliciously administering poison with intent to harm),
323 (Wounding and similar acts), 324 (Failure to supply necessaries),
326 (Endangering life of children by exposure), 335 (Common assault),
339 (Assaults occasioning bodily harm), 340 (Serious assaults), 349 (Rape),
350 (Attempt to commit rape), 351 (Assault with intent to commit rape),
352 (Sexual assaults)
46
Criminal Law Amendment Bill 2002
1
© State of Queensland 2002
AMENDMENTS TO BILL
1
Criminal Law Amendment Bill 2002
CRIMINAL LAW AMENDMENT BILL 2002
AMENDMENT AGREED TO IN COMMITTEE
1 Schedule--
At page 42, lines 11 to 13--
omit, insert--
`1 Section 145A(a), from `, section'--
omit, insert--
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