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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Drug Legislation Amendment
Bill 2005
Queensland
Drug Legislation Amendment Bill 2005
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Drug Rehabilitation (Court Diversion) Act
2000
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Replacement of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Replacement of s 1 (Short title) . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Replacement of s 3 (Objects of this Act) . . . . . . . . . . . . . . . . . . . 7
3 Objects of this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 4 (Relationship with Penalties and Sentences
Act 1992) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 6 (Who is an eligible person). . . . . . . . . . . . . . . 7
9 Amendment of s 7 (What is a disqualifying offence) . . . . . . . . . . 8
10 Omission of s 7A (What is a disqualifying term of
imprisonment) ................................. 8
11 Renumbering of s 7B (What is a community term of
imprisonment) ................................... 8
12 Omission of ss 7C and 7D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
13 Replacement of pt 3, hdg (Pilot program courts and pilot
program magistrates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
14 Amendment of s 9 (Pilot program courts). . . . . . . . . . . . . . . . . . . 9
15 Amendment of s 10 (Pilot program magistrates) . . . . . . . . . . . . . 9
16 Amendment of s 11 (Functions, additional jurisdiction and
powers of pilot program magistrates) . . . . . . . . . . . . . . . . . . . . . . 10
17 Amendment of 12 (Other functions of pilot program magistrates) 10
18 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 3A Indicative assessment of drug dependency
2
Drug Legislation Amendment Bill 2005
12A Application of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12B Referral for indicative assessment . . . . . . . . . . . . . . . 11
12C Indicative assessment reports . . . . . . . . . . . . . . . . . . 12
12D Additional matters for indicative assessment report . . 12
19 Amendment of s 13 (Application of pt 4) . . . . . . . . . . . . . . . . . . . 13
20 Amendment of s 14 (Referral to be decided as soon as
practicable) ..................................... 13
21 Amendment of s 15 (Deciding whether to refer for assessment) . 13
22 Amendment of s 16 (Referral for assessment) . . . . . . . . . . . . . . . 13
23 Insertion of new ss 16A and 16B . . . . . . . . . . . . . . . . . . . . . . . . . 15
16A Assessment report . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16B Additional matters for assessment report. . . . . . . . . . 15
24 Amendment of s 17 (Application of pt 5) . . . . . . . . . . . . . . . . . . . 16
25 Amendment of s 18 (Pilot program magistrate may make order
only if conviction recorded). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
26 Amendment of s 19 (Making of order) . . . . . . . . . . . . . . . . . . . . . 16
27 Amendment of s 20 (Contents of order) . . . . . . . . . . . . . . . . . . . . 17
28 Amendment of s 21 (Delaying suspension of sentence) . . . . . . . 17
29 Replacement of s 22 (General requirements of order) . . . . . . . . . 17
22 Core conditions of intensive drug rehabilitation order 17
30 Amendment of s 23 (Additional requirements of order) . . . . . . . . 18
31 Amendment of s 24 (Contents and requirements of rehabilitation
program) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
32 Amendment of s 25 (Explaining orders) . . . . . . . . . . . . . . . . . . . . 20
33 Amendment of 26 (Offender to agree to making or amending of
order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
34 Amendment of s 27 (Copy of order to offender) . . . . . . . . . . . . . . 20
35 Amendment of s 28 (Multiple offences) . . . . . . . . . . . . . . . . . . . . 21
36 Amendment of s 29 (Dealing with offenders if no intensive drug
rehabilitation order made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
37 Amendment of s 30 (Application for reward or sanction) . . . . . . . 21
38 Amendment of s 31 (Rewards). . . . . . . . . . . . . . . . . . . . . . . . . . . 22
39 Amendment of s 32 (Sanctions) . . . . . . . . . . . . . . . . . . . . . . . . . . 22
40 Amendment of s 33 (Amending intensive drug rehabilitation
orders) ......................................... 23
41 Amendment of s 34 (Terminating rehabilitation programs). . . . . . 23
42 Amendment of s 35 (Process for application to amend intensive
drug rehabilitation order or terminate rehabilitation program) . . . 24
43 Amendment of s 35A (Inclusion of new rehabilitation program) . . 24
3
Drug Legislation Amendment Bill 2005
44 Amendment of s 36 (Final sentence to be decided on
completion or termination of rehabilitation program) . . . . . . . . . . 25
45 Insertion of new s 36A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
36A Drug court magistrate must consider views of drug
court team . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
46 Amendment of s 39 (Disclosure of compliance and related
information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
47 Insertion of new ss 39A39C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
39A Disclosure of relevant information . . . . . . . . . . . . . . . 27
39B Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 28
39C Protection of personal information about offenders . . 29
48 Amendment of s 40 (Arrest warrants). . . . . . . . . . . . . . . . . . . . . . 30
49 Amendment of s 41 (Warrants of commitment) . . . . . . . . . . . . . . 31
50 Amendment of s 42 (When no appeal). . . . . . . . . . . . . . . . . . . . . 31
51 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
42A Application of Penalties and Sentences Act 1992,
s 188 ................................. 31
52 Amendment of s 43 (Regulation-making power) . . . . . . . . . . . . . 32
53 Omission of ss 45 and 46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
54 Insertion of new pt 7, hdg and pt 7, div 1, hdg . . . . . . . . . . . . . . . 32
55 Insertion of new pt 7, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 33
56 Replacement of s 47 (Expiry of Act). . . . . . . . . . . . . . . . . . . . . . . 33
47 Definition for div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
48 References to Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
49 Transitional provision for courts . . . . . . . . . . . . . . . . . 33
50 Transitional provision for magistrates . . . . . . . . . . . . . 33
51 Transitional provision for proceedings . . . . . . . . . . . . 33
57 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Part 3 Amendment of Drugs Misuse Act 1986
58 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
59 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 35
60 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
9A Possessing relevant substances or things . . . . . . . . . 36
61 Insertion of new s 10B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
10B Possession of a prohibited combination of items . . . . 37
62 Amendment of s 13 (Certain offences may be dealt with
summarily) ...................................... 37
63 Amendment of s 128 (Analyst's certificate) . . . . . . . . . . . . . . . . . 38
4
Drug Legislation Amendment Bill 2005
64 Amendment of s 130 (Evidence of prescribed substance by
label) ......................................... 38
65 Replacement of s 131 (Evidence of prescribed
substance--notice of challenge required) . . . . . . . . . . . . . . . . . . 39
131 Evidence of equipment being used to produce
particular dangerous drugs . . . . . . . . . . . . . . . . . . . . 39
131A Evidence of medicine or poison or veterinary
chemical product by container . . . . . . . . . . . . . . . . . . 40
131B Evidence for ss 130, 131 and 131A--notice of
challenge .............................. 41
66 Amendment of s 134 (Regulation-making power) . . . . . . . . . . . . 42
67 Insertion of new pt 7, hdg and div 1 hdg . . . . . . . . . . . . . . . . . . . 43
68 Insertion of new pt 7, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 43
69 Insertion of new pt 7, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
Division 3 Provision for Drug Legislation Amendment Act
2005
137 Transitional provision for ss 130131B. . . . . . . . . . . . 43
Part 4 Consequential amendment of Criminal Code
70 Amendment of Criminal Code . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
71 Amendment of s 552H (Maximum penalty for indictable
offences dealt with summarily) . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
2005
A Bill
for
An Act to amend the Drug Rehabilitation (Court Diversion) Act
2000 and Drugs Misuse Act 1986, and for other purposes
s1 6 s5
Drug Legislation Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Drug Legislation Amendment Act 4
2005. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Drug 8
Rehabilitation (Court Diversion) 9
Act 2000 10
Clause 3 Act amended in pt 2 11
This part amends the Drug Rehabilitation (Court Diversion) 12
Act 2000. 13
Clause 4 Replacement of long title 14
Long title-- 15
omit, insert-- 16
`An Act to provide a drug court program for intensive 17
drug rehabilitation of drug dependent offenders'. 18
Clause 5 Replacement of s 1 (Short title) 19
Section 1-- 20
omit, insert-- 21
s6 7 s8
Drug Legislation Amendment Bill 2005
`1 Short title 1
`This Act may be cited as the Drug Court Act 2000.'. 2
Clause 6 Replacement of s 3 (Objects of this Act) 3
Section 3-- 4
omit, insert-- 5
`3 Objects of this Act 6
`(1) The objects of this Act are-- 7
(a) to reduce the level of drug dependency in the 8
community and the drug dependency of eligible 9
persons; and 10
(b) to reduce the level of criminal activity associated with 11
drug dependency; and 12
(c) to reduce the health risks associated with drug 13
dependency of eligible persons; and 14
(d) to promote the rehabilitation of eligible persons and 15
their re-integration into the community; and 16
(e) to reduce pressure on resources in the court and prison 17
systems. 18
`(2) The objects are to be achieved by establishing drug courts.'. 19
Clause 7 Amendment of s 4 (Relationship with Penalties and 20
Sentences Act 1992) 21
Section 4(1), `pilot program'-- 22
omit, insert-- 23
`drug court'. 24
Clause 8 Amendment of s 6 (Who is an eligible person) 25
(1) Section 6(1), `pilot program'-- 26
omit, insert-- 27
`drug'. 28
s9 8 s 11
Drug Legislation Amendment Bill 2005
(2) Section 6(5)-- 1
omit. 2
Clause 9 Amendment of s 7 (What is a disqualifying offence) 3
(1) Section 7(1)(b), `an indictable offence '-- 2
4
omit, insert-- 5
`an offence'. 6
(2) Section 7-- 7
insert-- 8
`(4) For subsection (1)(b), an offence involving violence against 9
another person is an offence that involves any allegation of 10
personal violence, whether as an element of the offence or as 11
an act of violence associated with the offence. 12
13
Examples of offences involving violence other than as an element of the
14
offence--
15
· operating a vehicle dangerously involving dragging a person behind
16
the vehicle
17
· operating a vehicle dangerously involving intentionally colliding
18
with another vehicle or a person
19
· breaching a domestic violence order involving a wilful injury'.
Clause 10 Omission of s 7A (What is a disqualifying term of 20
imprisonment) 21
Section 7A-- 22
omit. 23
Clause 11 Renumbering of s 7B (What is a community term of 24
imprisonment) 25
Section 7B-- 26
renumber as section 7A. 27
s 12 9 s 15
Drug Legislation Amendment Bill 2005
Clause 12 Omission of ss 7C and 7D 1
Sections 7C and 7D-- 2
omit. 3
Clause 13 Replacement of pt 3, hdg (Pilot program courts and pilot 4
program magistrates) 5
Part 3, heading-- 6
omit, insert-- 7
`Part 3 Drug courts and drug court 8
magistrates'. 9
Clause 14 Amendment of s 9 (Pilot program courts) 10
(1) Section 9, heading-- 11
omit, insert-- 12
`Drug courts'. 13
(2) Section 9(1), `pilot program courts'-- 14
omit, insert-- 15
`drug courts'. 16
(3) Section 9(2) and (3), `pilot program court'-- 17
omit, insert-- 18
`drug court'. 19
(4) Section 9(2) and (3), `pilot program magistrate'-- 20
omit, insert-- 21
`drug court magistrate'. 22
Clause 15 Amendment of s 10 (Pilot program magistrates) 23
(1) Section 10, heading, `Pilot program'-- 24
omit, insert-- 25
`Drug court'. 26
(2) Section 10, `Chief Stipendiary Magistrate'-- 27
s 16 10 s 18
Drug Legislation Amendment Bill 2005
omit, insert-- 1
`Chief Magistrate'. 2
(3) Section 10(1) and (2), `pilot program'-- 3
omit, insert-- 4
`drug court'. 5
Clause 16 Amendment of s 11 (Functions, additional jurisdiction 6
and powers of pilot program magistrates) 7
Section 11, `pilot program'-- 8
omit, insert-- 9
`drug court'. 10
Clause 17 Amendment of 12 (Other functions of pilot program 11
magistrates) 12
(1) Section 12, `pilot program'-- 13
omit, insert-- 14
`drug court'. 15
(2) Section 12(2)(a) and (b), `Chief Stipendiary Magistrate'-- 16
omit, insert-- 17
`Chief Magistrate'. 18
Clause 18 Insertion of new pt 3A 19
After section 12-- 20
insert-- 21
`Part 3A Indicative assessment of drug 22
dependency 23
`12A Application of pt 3A 24
`This part applies if-- 25
(a) a person charged with a relevant offence appears before 26
a magistrate; and 27
s 18 11 s 18
Drug Legislation Amendment Bill 2005
(b) the person has pleaded guilty to the offence or has 1
indicated that he or she intends to plead guilty to the 2
offence; and 3
(c) the magistrate is satisfied the person may be drug 4
dependent; and 5
(d) the person appears, to the magistrate, to be an eligible 6
person. 7
`12B Referral for indicative assessment 8
`(1) The magistrate may decide to refer the person for an 9
indicative assessment. 10
`(2) If the magistrate decides to refer the person for an indicative 11
assessment, the magistrate may adjourn the proceedings 12
and-- 13
(a) remand the person in custody to appear before a drug 14
court magistrate; or 15
(b) release the person on bail to appear before a drug court 16
magistrate. 17
`(3) If the magistrate adjourns the proceedings to refer the person 18
for an indicative assessment, the magistrate must require-- 19
(a) the person to attend at the times and places decided by 20
the chief executive (health) for an indicative assessment 21
by an appropriately qualified health professional 22
decided by the chief executive (health); and 23
(b) the chief executive (health) to prepare and submit to a 24
drug court magistrate, within the time allowed by the 25
magistrate, a report (an indicative assessment report) 26
containing an indicative assessment of the person by the 27
appropriately qualified health professional. 28
`(4) The magistrate may require the indicative assessment report to 29
be given orally or in writing. 30
`(5) If the magistrate remands the person in custody, the chief 31
executive (corrective services) must ensure the person-- 32
(a) is assessed by an appropriately qualified health 33
professional decided by the chief executive (health); and 34
s 18 12 s 18
Drug Legislation Amendment Bill 2005
(b) appears before a drug court magistrate to be dealt with 1
as required by the drug court magistrate. 2
`(6) After the indicative assessment report is submitted to a drug 3
court magistrate, the prosecuting authority appearing before 4
the court and the person's legal representatives may make 5
submissions about whether the proceedings should continue 6
in the drug court or the matter should be dealt with by a 7
magistrates court. 8
`12C Indicative assessment reports 9
`(1) When required to do so by a magistrate, the chief executive 10
(health) must arrange for an appropriately qualified health 11
professional to prepare an indicative assessment report for a 12
drug court magistrate about a stated person remanded or 13
required to appear before the drug court magistrate. 14
`(2) The indicative assessment report must be given to the drug 15
court magistrate within the time allowed under section 12B(3) 16
by the drug court magistrate. 17
`(3) The drug court magistrate must give a copy of the indicative 18
assessment report to-- 19
(a) the prosecuting authority that appeared before the court 20
when the offender was referred for an indicative 21
assessment; and 22
(b) the person's legal representatives; and 23
(c) the chief executive (corrective services). 24
`(4) The drug court magistrate must ensure the prosecuting 25
authority and the person's legal representatives have sufficient 26
time before the proceedings to consider and respond to the 27
report. 28
`12D Additional matters for indicative assessment report 29
`(1) The drug court magistrate may order that the report, or part of 30
the report, not be shown to the person. 31
`(2) A report purporting to be an indicative assessment report 32
made by an appropriately qualified health professional is 33
evidence of the matters contained in it. 34
s 19 13 s 22
Drug Legislation Amendment Bill 2005
`(3) An objection must not be taken or allowed to the evidence on 1
the ground that it is hearsay. 2
`(4) To remove any doubt, it is declared that this section does not 3
limit the jurisdiction and powers of the drug court magistrate 4
under section 11.'. 5
Clause 19 Amendment of s 13 (Application of pt 4) 6
Section 13(a), `pilot program'-- 7
omit, insert-- 8
`drug'. 9
Clause 20 Amendment of s 14 (Referral to be decided as soon as 10
practicable) 11
Section 14(1), `pilot program'-- 12
omit, insert-- 13
`drug'. 14
Clause 21 Amendment of s 15 (Deciding whether to refer for 15
assessment) 16
Section 15(2)(b), `pilot program'-- 17
omit, insert-- 18
`drug court'. 19
Clause 22 Amendment of s 16 (Referral for assessment) 20
(1) Section 16(1)(a) and (b), (2) and (4), `pilot program'-- 21
omit, insert-- 22
`drug court'. 23
(2) Section 16(2), `corrective services' chief executive'-- 24
omit, insert-- 25
`chief executive (corrective services)'. 26
(3) Section 16(2), `report'-- 27
s 22 14 s 22
Drug Legislation Amendment Bill 2005
omit, insert-- 1
`pre-sentence report'. 2
(4) Section 16-- 3
insert-- 4
`(2A) Also, if the magistrate adjourns the proceedings, the 5
magistrate must require the chief executive (health) to prepare 6
and submit to a drug court magistrate, within the time allowed 7
by the magistrate, a written report (an assessment report) 8
containing an assessment of the person by an appropriately 9
qualified health professional.'. 10
(5) Section 16(3), `report'-- 11
omit, insert-- 12
`pre-sentence report and assessment report'. 13
(6) Section 16(3)(a), `a stated corrective services office'-- 14
omit, insert-- 15
`an authorised corrective services officer'. 16
(7) Section 16(3)(b), `a corrective services officer'-- 17
insert-- 18
`an authorised corrective services officer, including to an 19
appropriately qualified health professional decided by the 20
chief executive (health) for assessment'. 21
(8) Section 16(4)-- 22
omit, insert-- 23
`(4) If the magistrate remands the person in custody, the chief 24
executive (corrective services) must ensure the person-- 25
(a) is assessed by an appropriately qualified health 26
professional decided by the chief executive (health); and 27
(b) appears before a drug court magistrate to be dealt with 28
as required by the drug court magistrate.'. 29
(9) Section 16(2A) to (4)-- 30
renumber as section 16(3) to (5). 31
s 23 15 s 23
Drug Legislation Amendment Bill 2005
Clause 23 Insertion of new ss 16A and 16B 1
Part 4-- 2
insert-- 3
`16A Assessment report 4
`(1) When required to do so by a magistrate, the chief executive 5
(health) must arrange for an appropriately qualified health 6
professional to prepare an assessment report for a drug court 7
magistrate about a stated person remanded or required to 8
appear before the drug court magistrate. 9
`(2) The assessment report must be given to the drug court 10
magistrate within the time allowed under section 16(3) by the 11
magistrate. 12
`(3) The drug court magistrate must give a copy of the assessment 13
report to-- 14
(a) the prosecuting authority that appeared before the court 15
when the offender was referred for assessment; and 16
(b) the person's legal representatives; and 17
(c) the chief executive (corrective services). 18
`(4) The drug court magistrate must ensure the prosecuting 19
authority and the person's legal representatives have sufficient 20
time before the proceedings to consider and respond to the 21
assessment report. 22
`16B Additional matters for assessment report 23
`(1) The drug court magistrate may order that the assessment 24
report, or part of the assessment report, not be shown to the 25
person. 26
`(2) A report purporting to be an assessment report made by an 27
appropriately qualified health professional is evidence of the 28
matters contained in it. 29
`(3) An objection must not be taken or allowed to the evidence on 30
the ground that it is hearsay.'. 31
s 24 16 s 26
Drug Legislation Amendment Bill 2005
Clause 24 Amendment of s 17 (Application of pt 5) 1
Section 17(1), `pilot program'-- 2
omit, insert-- 3
`drug court'. 4
Clause 25 Amendment of s 18 (Pilot program magistrate may make 5
order only if conviction recorded) 6
(1) Section 18, heading, `Pilot program'-- 7
omit, insert-- 8
`Drug court'. 9
(2) Section 18(1), `pilot program'-- 10
omit, insert-- 11
`drug court'. 12
Clause 26 Amendment of s 19 (Making of order) 13
(1) Section 19, `pilot program'-- 14
omit, insert-- 15
`drug court'. 16
(2) Section 19(e)(i), `2'-- 17
omit, insert-- 18
`3'. 19
(3) Section 19(e)(ii), `3'-- 20
omit, insert-- 21
`4'. 22
(4) Section 19(i)(i)-- 23
omit, insert-- 24
`(i) the pre-sentence report and assessment report 25
mentioned in section 16; and'. 26
s 27 17 s 29
Drug Legislation Amendment Bill 2005
Clause 27 Amendment of s 20 (Contents of order) 1
(1) Section 20, `pilot program'-- 2
omit, insert-- 3
`drug court'. 4
(2) Section 20-- 5
insert-- 6
`(2) For subsection (1)(a)(i), the intensive drug rehabilitation order 7
may contain an order sentencing the offender to serve a term 8
of imprisonment of more than 3 years only if the prosecuting 9
authority appearing before the court and the offender have 10
consented to the offence being prosecuted summarily on the 11
ground that the defendant will be adequately punished on 12
summary conviction.'. 13
Clause 28 Amendment of s 21 (Delaying suspension of sentence) 14
(1) Section 21, `pilot program magistrate'-- 15
omit, insert-- 16
`drug court magistrate'. 17
(2) Section 21(a) and (b), `14'-- 18
omit, insert-- 19
`15'. 20
(3) Section 21(b)(i), `pilot program court'-- 21
omit, insert-- 22
`drug court'. 23
Clause 29 Replacement of s 22 (General requirements of order) 24
Section 22-- 25
omit, insert-- 26
`22 Core conditions of intensive drug rehabilitation order 27
`An intensive drug rehabilitation order is subject to the 28
following core conditions-- 29
s 30 18 s 30
Drug Legislation Amendment Bill 2005
(a) the offender must not commit an offence, in or outside 1
Queensland, during the period of the order; 2
(b) the offender must notify an authorised corrective 3
services officer of every change of the offender's place 4
of residence or employment within 2 business days after 5
the change happens; 6
(c) the offender must not leave or stay out of Queensland 7
without an authorised corrective services officer's 8
permission; 9
(d) the offender must comply with every reasonable 10
direction of an authorised corrective services officer, 11
including a direction to appear before a drug court 12
magistrate at a stated time and place; 13
(e) the offender must attend before a drug court magistrate 14
at the times and places stated in the order.'. 15
Clause 30 Amendment of s 23 (Additional requirements of order) 16
(1) Section 23(1)(b), `120'-- 17
omit, insert-- 18
`240'. 19
(2) Section 23(1)(c), `pilot program'-- 20
omit, insert-- 21
`drug court'. 22
(3) Section 23-- 23
insert-- 24
`(3A) In deciding whether to require the offender to perform 25
community service under subsection (1)(b), the drug court 26
magistrate must consider the number of hours of community 27
service the offender has outstanding under another order and 28
when the hours must be completed. 29
`(3B) If the drug court magistrate decides to require the offender to 30
perform community service under subsection (1)(b), the drug 31
court magistrate must consider whether the offender is in a 32
residential rehabilitation facility and is able to complete the 33
community service.'. 34
s 31 19 s 31
Drug Legislation Amendment Bill 2005
(4) Section 23(3A) to (6)-- 1
renumber as section 23(4) to (8). 2
Clause 31 Amendment of s 24 (Contents and requirements of 3
rehabilitation program) 4
(1) Section 24(3) and (4), `pilot program'-- 5
omit, insert-- 6
`drug court'. 7
(2) Section 24(3), `for up to 7 days at a time'-- 8
omit. 9
(3) Section 24-- 10
insert-- 11
`(5) If a drug court magistrate commits an offender to prison to 12
facilitate detoxification, the offender is committed to the 13
prison until the earliest of the following-- 14
(a) 22 days after the offender is committed to prison for 15
detoxification; 16
(b) the chief executive (corrective services) or chief 17
executive (health) is satisfied the offender is detoxified; 18
(c) a drug court magistrate, on the offender's application, 19
orders the committal of the offender end. 20
`(6) If an offender is committed to prison for an assessment of the 21
offender's participation in the program, the committal must 22
not be for more than-- 23
(a) if the assessment is because the offender has failed to 24
attend on a person or at a place as stated in the 25
rehabilitation program--30 days; or 26
(b) otherwise--15 days. 27
`(7) If a drug court magistrate commits an offender to prison under 28
subsection (5) to facilitate detoxification, the drug court 29
magistrate must order that after the committal ends the person 30
must appear before a drug court magistrate at the time and 31
place stated. 32
s 32 20 s 34
Drug Legislation Amendment Bill 2005
`(8) If a drug court magistrate commits an offender to prison under 1
subsection (6) for assessment, the drug court magistrate must 2
state that after the committal ends the offender must-- 3
(a) appear before a drug court magistrate at the times and 4
places stated; or 5
(b) attend at another place at the times stated.'. 6
Clause 32 Amendment of s 25 (Explaining orders) 7
(1) Section 25(1), `pilot program' to `to the offender'-- 8
omit, insert-- 9
`drug court magistrate must explain, or cause to be explained, 10
to the offender the following matters'. 11
(2) Section 25(1)(a)(ii), before `requirements'-- 12
insert-- 13
`core conditions and additional'. 14
(3) Section 25(1)(d), `pilot program'-- 15
omit, insert-- 16
`drug court'. 17
Clause 33 Amendment of 26 (Offender to agree to making or 18
amending of order) 19
(1) Section 26, `pilot program'-- 20
omit, insert-- 21
`drug court'. 22
(2) Section 26(1), after `order being made'-- 23
insert-- 24
`, including the core conditions,'. 25
Clause 34 Amendment of s 27 (Copy of order to offender) 26
(1) Section 27, `pilot program court'-- 27
omit, insert-- 28
s 35 21 s 37
Drug Legislation Amendment Bill 2005
`drug court'. 1
(2) Section 27-- 2
insert-- 3
`(1A) A copy of the core conditions must be included in, or attached 4
to, the intensive drug rehabilitation order.'. 5
(3) Section 27(2), `copy'-- 6
omit, insert-- 7
`copy of the intensive drug rehabilitation order'. 8
(4) Section 27(3), `(2)'-- 9
omit, insert-- 10
`(3)'. 11
(5) Section 27(1A) to (3)-- 12
renumber as section 27(2) to (4). 13
Clause 35 Amendment of s 28 (Multiple offences) 14
(1) Section 28(1), `pilot program'-- 15
omit, insert-- 16
`drug court'. 17
(2) Section 28(3), `3'-- 18
omit, insert-- 19
`4'. 20
Clause 36 Amendment of s 29 (Dealing with offenders if no 21
intensive drug rehabilitation order made) 22
Section 29, `pilot program'-- 23
omit, insert-- 24
`drug court'. 25
Clause 37 Amendment of s 30 (Application for reward or sanction) 26
Section 30, `pilot program'-- 27
s 38 22 s 39
Drug Legislation Amendment Bill 2005
omit, insert-- 1
`drug court'. 2
Clause 38 Amendment of s 31 (Rewards) 3
Section 31(1), `pilot program'-- 4
omit, insert-- 5
`drug court'. 6
Clause 39 Amendment of s 32 (Sanctions) 7
(1) Section 32(1), `pilot program magistrate'-- 8
omit, insert-- 9
`drug court magistrate'. 10
(2) Section 32(1)(b), `pilot program court'-- 11
omit, insert-- 12
`drug court'. 13
(3) Section 32(1), `satisfactorily'-- 14
omit. 15
(4) Section 32(1)(c)-- 16
omit. 17
(5) Section 32(1)(g) and (h)-- 18
omit, insert-- 19
`(g) a term of imprisonment for up to 15 days for each 20
failure to comply with the order, but not so as to impose 21
a term of more than 22 days at any 1 hearing under this 22
section; 23
(h) an increase in the amount of community service the 24
offender must perform, but-- 25
(i) not more than 40 hours community service for 26
each failure to comply with the order; and 27
(ii) not so as to impose more than 40 hours community 28
service at any 1 hearing under this section; and 29
s 40 23 s 41
Drug Legislation Amendment Bill 2005
(iii) not so as to increase the total number of hours to be 1
performed under this section and under the order to 2
more than 240 hours.'. 3
(6) Section 32(1)(d) to (h)-- 4
renumber as section 32(1)(c) to (g). 5
(7) Section 32(2) to (4)-- 6
renumber as section 32(3) to (5). 7
(8) Section 32-- 8
insert-- 9
`(2) In deciding whether to increase the amount of community 10
service the offender must perform under subsection (1)(g), the 11
drug court magistrate must consider-- 12
(a) the number of hours of community service the offender 13
has outstanding under another order and when the hours 14
must be completed; and 15
(b) whether the offender is in a residential rehabilitation 16
facility and is able to complete the community service.'. 17
(9) Section 32(5) (as renumbered), `subsection (1)(g)'-- 18
omit, insert-- 19
`subsection (1)(f)'. 20
Clause 40 Amendment of s 33 (Amending intensive drug 21
rehabilitation orders) 22
Section 33(1), `pilot program'-- 23
omit, insert-- 24
`drug court'. 25
Clause 41 Amendment of s 34 (Terminating rehabilitation programs) 26
Section 34(1), `pilot program'-- 27
omit, insert-- 28
`drug court'. 29
s 42 24 s 43
Drug Legislation Amendment Bill 2005
Clause 42 Amendment of s 35 (Process for application to amend 1
intensive drug rehabilitation order or terminate 2
rehabilitation program) 3
(1) Section 35(1)(c) and (d)-- 4
omit, insert-- 5
`(c) a prosecuting authority.'. 6
(2) Section 35(2)(a) and (b), `pilot program'-- 7
omit, insert-- 8
`drug court'. 9
(3) Section 35(3) and (5), `corrective services' chief executive'-- 10
omit, insert-- 11
`chief executive (corrective services)'. 12
(4) Section 35(5), `the commissioner of the police service'-- 13
omit, insert-- 14
`a prosecuting authority'. 15
(5) Section 35(6)-- 16
omit. 17
(6) Section 35(7), `, (5) or (6)'-- 18
omit, insert-- 19
`or (5)'. 20
(7) Section 35(8), definition prosecuting authority-- 21
omit. 22
(8) Section 35(7) and (8)-- 23
renumber as section 35(6) and (7). 24
Clause 43 Amendment of s 35A (Inclusion of new rehabilitation 25
program) 26
Section 35A, `pilot program'-- 27
omit, insert-- 28
`drug court'. 29
s 44 25 s 45
Drug Legislation Amendment Bill 2005
Clause 44 Amendment of s 36 (Final sentence to be decided on 1
completion or termination of rehabilitation program) 2
(1) Section 36(3)-- 3
omit, insert-- 4
`(3) When reconsidering the initial sentence, the magistrate must 5
consider the extent to which the offender participated in his or 6
her rehabilitation program, including, for example-- 7
(a) whether any rewards or sanctions were given to or 8
imposed on the offender; and 9
(b) if sanctions were imposed on the offender that included 10
the imposition of a term of imprisonment under section 11
32(1)(f), the number and length of the terms imposed.'. 12
(2) Section 36(4)-- 13
insert-- 14
15
`Note to subsection (4)--
16
See also the Criminal Code, section 552H(1)(b) for an express extension
17
of a drug court magistrate's power to impose a maximum penalty of 4
18
years imprisonment on summary conviction under section 552A or
19
552B of the Code.'.
(3) Section 36-- 20
insert-- 21
`(7) It is declared that in applying the Penalties and Sentences Act 22
1992, section 161, to a sentence for a term of imprisonment 23
imposed on an offender under this section, time spent in 24
custody under this Act, other than under section 32(1)(f), is 25
taken to be imprisonment already served under the sentence.'. 26
Clause 45 Insertion of new s 36A 27
Part 5, division 6-- 28
insert-- 29
`36A Drug court magistrate must consider views of drug 30
court team 31
`(1) This section applies if a drug court magistrate is making a 32
decision (a relevant decision) about any of the following 33
matters-- 34
s 45 26 s 45
Drug Legislation Amendment Bill 2005
(a) whether an offender's rehabilitation program should 1
include medical, psychiatric or psychological treatment 2
(health treatment); 3
(b) what matters should be included in an offender's 4
rehabilitation program about the offender's health 5
treatment; 6
(c) where the offender should be placed for health 7
treatment, including, for example, in a residential 8
rehabilitation facility, an outpatient facility or with a 9
particular service provider; 10
(d) how often the offender should meet with the persons 11
providing or supervising the offender's rehabilitation 12
program, including health treatment; 13
(e) how often the offender should appear before a drug 14
court magistrate; 15
(f) whether or not to give a reward to, or impose a sanction 16
on, an offender; 17
(g) whether or not an intensive drug rehabilitation order or a 18
rehabilitation program for an offender should be 19
amended; 20
(h) whether or not an intensive drug rehabilitation order for 21
an offender should be terminated. 22
`(2) The drug court magistrate must consider the views of the 23
members of the offender's drug court team in making the 24
relevant decision. 25
`(3) In this section-- 26
drug court team, for an offender, means the persons who-- 27
(a) act for an interested entity; and 28
(b) attend a hearing at which a relevant decision is made 29
about the offender. 30
interested entity means any of the following-- 31
(a) Legal Aid (Queensland); 32
(b) a prosecuting authority; 33
(c) the department in which the Corrective Services Act 34
2000 is administered; 35
s 46 27 s 47
Drug Legislation Amendment Bill 2005
(d) the department in which the Health Services Act 1991 is 1
administered.'. 2
Clause 46 Amendment of s 39 (Disclosure of compliance and 3
related information) 4
(1) Section 39(1), `corrective services' chief executive'-- 5
omit, insert-- 6
`chief executive (corrective services)'. 7
(2) Section 39(1), `pilot program'-- 8
omit, insert-- 9
`drug court'. 10
(3) Section 39(2) and (3)-- 11
omit. 12
(4) Section 39(5), definition pilot program database-- 13
omit, insert-- 14
`drug court database means a database for the drug court 15
diversion program to which only a prescribed person has 16
access.'. 17
(5) Section 39(4) and (5)-- 18
renumber as section 39(2) and (3). 19
Clause 47 Insertion of new ss 39A39C 20
After section 39-- 21
insert-- 22
`39A Disclosure of relevant information 23
`(1) A person who is a member of a drug court team for an 24
offender may give another member of the drug court team any 25
relevant information the person has about the offender. 26
`(2) In this section-- 27
compliance information see section 39. 28
drug court team, for an offender, means any of the following 29
persons who are responsible for attending the drug court and 30
s 47 28 s 47
Drug Legislation Amendment Bill 2005
providing reports to the drug court magistrate about the 1
performance of the offender under the intensive drug 2
rehabilitation order-- 3
(a) a corrective services officer; 4
(b) a police officer; 5
(c) a person employed for the purposes of the Director of 6
Public Prosecutions Act 1984; 7
(d) a health service employee under the Health Services Act 8
1991; 9
(e) a Legal Aid employee under the Legal Aid Queensland 10
Act 1997. 11
related information see section 39. 12
relevant information means-- 13
(a) compliance information; or 14
(b) related information; or 15
(c) any other information prescribed under a regulation for 16
this section; 17
but does not include information to which legal professional 18
privilege attaches. 19
`39B Protection from liability 20
`(1) This section applies if-- 21
(a) a person who is a health professional gives an indicative 22
assessment report to the chief executive (health) or a 23
drug court magistrate; or 24
(b) a person who is a health professional gives an 25
assessment report to the chief executive (health) or a 26
drug court magistrate; or 27
(c) a prescribed person gives the chief executive (corrective 28
services) or a drug court magistrate compliance 29
information under section 39; or 30
(d) a prescribed person enters compliance information or 31
related information in the drug court database under 32
section 39; or 33
s 47 29 s 47
Drug Legislation Amendment Bill 2005
(e) a person who is a member of a drug court team for an 1
offender gives another member of the team relevant 2
information under section 39A. 3
`(2) The person is not liable, civilly, criminally or under an 4
administrative process, for giving the report, or giving or 5
entering the information, honestly and on reasonable grounds. 6
`(3) Also, merely because the person gives the report, or gives or 7
enters the information, the person can not be held to have-- 8
(a) breached any code of professional etiquette or ethics; or 9
(b) departed from accepted standards of professional 10
conduct. 11
`(4) Without limiting subsections (2) and (3)-- 12
(a) in a proceeding for defamation, the person has a defence 13
of absolute privilege for publishing the report or 14
information; and 15
(b) if the person would otherwise be required to maintain 16
confidentiality about the report or information under an 17
Act, oath or rule of law or practice, the person-- 18
(i) does not contravene the Act, oath or rule of law or 19
practice by giving the report or giving or entering 20
information; and 21
(ii) is not liable to disciplinary action for giving the 22
report or giving or entering information. 23
`39C Protection of personal information about offenders 24
`(1) This section applies if a personal information document about 25
an offender is given to a drug court. 26
`(2) The clerk of the court of a drug court may give a copy of a 27
personal information document to a person, other than the 28
offender to whom the document relates, only if-- 29
(a) the person applies to the drug court for a copy of the 30
document; and 31
(b) the court is satisfied the person has a sufficient interest 32
in the document; and 33
s 48 30 s 48
Drug Legislation Amendment Bill 2005
(c) the court orders the person is to be given a copy of the 1
document. 2
`(3) A regulation may provide for the storage of personal 3
information documents to ensure the confidentiality of 4
information in the document. 5
6
Example for subsection (3)--
7
A regulation may provide that a medical report about an offender, kept
8
in the offender's file, is to be stored in a sealed envelope.
`(4) This section applies despite any other Act, including the 9
Justices Act 1886, section 154. 10
`(5) In this section-- 11
personal information document means a document that is 12
prescribed, under a regulation, to be a document to which this 13
section applies.'. 14
Clause 48 Amendment of s 40 (Arrest warrants) 15
(1) Section 40(1) and (2), `pilot program magistrate'-- 16
omit, insert-- 17
`drug court magistrate'. 18
(2) Section 40(4), `pilot program court'-- 19
omit, insert-- 20
`drug court'. 21
(3) Section 40(4), as amended-- 22
renumber as section 40(7). 23
(4) Section 40-- 24
insert-- 25
`(4) If the drug court magistrate decides to refer the offender for an 26
assessment as to whether the offender should continue with 27
the offender's intensive drug rehabilitation order or to reserve 28
making a decision about terminating the offender's 29
rehabilitation program, the magistrate may remand the 30
offender in custody to appear before a drug court magistrate. 31
`(5) The period for which an offender may be remanded in custody 32
is as follows-- 33
s 49 31 s 51
Drug Legislation Amendment Bill 2005
(a) an initial period of not more than 30 days; 1
(b) a further period or periods of not more than 8 days. 2
`(6) If the drug court magistrate remands the offender in custody, 3
the chief executive (corrective services) must ensure the 4
person appears before a drug court magistrate to be dealt with 5
as required by the drug court magistrate.'. 6
Clause 49 Amendment of s 41 (Warrants of commitment) 7
(1) Section 41(1), `pilot program magistrate'-- 8
omit, insert-- 9
`drug court magistrate'. 10
(2) Section 41(1), `(g)'-- 11
omit, insert-- 12
`(f)'. 13
(3) Section 41(2), `pilot program court'-- 14
omit, insert-- 15
`drug court'. 16
Clause 50 Amendment of s 42 (When no appeal) 17
Section 42(1)(b)(i), `pilot program'-- 18
omit, insert-- 19
`drug court'. 20
Clause 51 Insertion of new s 42A 21
Part 5, division 6-- 22
insert-- 23
`42A Application of Penalties and Sentences Act 1992, 24
s 188 25
`To remove any doubt, it is declared that the Penalties and 26
Sentences Act 1992, section 188 applies to initial sentences 27
and final sentences imposed under this Act.'. 28
s 52 32 s 54
Drug Legislation Amendment Bill 2005
Clause 52 Amendment of s 43 (Regulation-making power) 1
(1) Section 43(3) and (4), `a particular pilot program court'-- 2
omit, insert-- 3
`drug courts or a particular drug court'. 4
(2) Section 43(4)(a), example, `pilot program'-- 5
omit, insert-- 6
`drug court'. 7
(3) Section 43-- 8
insert-- 9
`(5) A regulation may prescribe the minimum frequency with 10
which offenders must be drug tested under the offenders' 11
intensive drug rehabilitation orders.'. 12
Clause 53 Omission of ss 45 and 46 13
Sections 45 and 46-- 14
omit. 15
Clause 54 Insertion of new pt 7, hdg and pt 7, div 1, hdg 16
Before section 46A-- 17
insert-- 18
`Part 7 Transitional provisions 19
`Division 1 Transitional provision for Drug 20
Rehabilitation (North Queensland 21
Court Diversion Initiative) 22
Amendment Act 2002'. 23
s 55 33 s 56
Drug Legislation Amendment Bill 2005
Clause 55 Insertion of new pt 7, div 2, hdg 1
After section 46A-- 2
insert-- 3
`Division 2 Transitional provision for Drug 4
Legislation Amendment Act 2005'. 5
Clause 56 Replacement of s 47 (Expiry of Act) 6
Section 47-- 7
omit, insert-- 8
`47 Definition for div 2 9
`In this division-- 10
commencement means the commencement of this division. 11
`48 References to Act 12
`In an Act or document, a reference to the Drug 13
Rehabilitation (Court Diversion) Act 2000 may, if the context 14
permits, be taken as a reference to this Act. 15
`49 Transitional provision for courts 16
`A Magistrate Court that was, immediately before the 17
commencement, declared to be a pilot program court is, on the 18
commencement, taken to be a drug court. 19
`50 Transitional provision for magistrates 20
`A magistrate who, immediately before the commencement, 21
had been allocated the functions of a pilot program magistrate 22
is, on the commencement, taken to have been allocated the 23
functions of a drug court magistrate. 24
`51 Transitional provision for proceedings 25
`If proceedings before a pilot program court had been started 26
but not finished before the commencement, the proceedings 27
s 57 34 s 57
Drug Legislation Amendment Bill 2005
may continue as if they had been started after the 1
commencement.'. 2
Clause 57 Amendment of sch (Dictionary) 3
(1) Schedule, definitions corrective services' chief executive, 4
corrective services office, disqualifying term of imprisonment, 5
pilot program court, pilot program magistrate, rehabilitated 6
term of imprisonment and suspended term of imprisonment-- 7
omit. 8
(2) Schedule-- 9
insert-- 10
appropriately qualified, for a health professional, means 11
having the qualifications or experience to carry out an 12
indicative assessment or assessment of a person. 13
assessment, of a person, means an assessment of the 14
following to help decide the person's capacity to undertake 15
treatment-- 16
(a) the person's physical and mental health; 17
(b) the person's past and present drug dependency and drug 18
use; 19
(c) the treatment options appropriate for the person. 20
assessment report see section 16(3). 21
chief executive (health) means the chief executive of the 22
department in which the Health Services Act 1991 is 23
administered. 24
core condition, of an intensive drug rehabilitation order, 25
means a condition mentioned in section 22. 26
drug court means a Magistrates Court declared to be a drug 27
court under section 9. 28
drug court magistrate means a magistrate to whom functions 29
are allocated under section 10(1). 30
health professional has the meaning given by the Health 31
Services Act 1991, section 60. 32
s 58 35 s 59
Drug Legislation Amendment Bill 2005
health service facility means a place at which a health service, 1
within the meaning of the Health Services Act 1991, section 2
3, is provided. 3
indicative assessment, of a person, means an assessment as to 4
whether the person is drug dependent. 5
indicative assessment report see section 12B. 6
prosecuting authority means the commissioner of the police 7
service or the director of public prosecutions.'. 8
(3) Schedule, definition community term of imprisonment, `7B'-- 9
omit, insert-- 10
`7A'. 11
Part 3 Amendment of Drugs Misuse 12
Act 1986 13
Clause 58 Act amended in pt 3 14
This part amends the Drugs Misuse Act 1986. 15
Clause 59 Amendment of s 4 (Definitions) 16
Section 4-- 17
insert-- 18
`challenge notice means a written notice that informs the 19
prosecution that a person intends to challenge a claim 20
intended to be made by the prosecution and of which the 21
person has been informed in a prosecution information notice. 22
prosecution information notice means a written notice that 23
informs a person that-- 24
(a) the prosecution intends to claim that-- 25
(i) for an offence to which section 130 applies--a 26
substance was a prescribed substance; or 27
s 60 36 s 60
Drug Legislation Amendment Bill 2005
(ii) for an offence to which section 131 1
applies--specified equipment was used in the 2
production of a relevant dangerous drug; or 3
(iii) for an offence to which section 131A applies--a 4
substance was a medicine or poison or veterinary 5
chemical product; and 6
(b) if the person wants to challenge the claim, the defendant 7
must give a challenge notice to-- 8
(i) if the proceedings have been brought by a police 9
officer--the commissioner of the police service; or 10
(ii) if the proceedings have been brought by an 11
environmental health officer--the chief executive 12
for health; and 13
(c) a challenge notice must be given within 28 days after 14
the prosecution information notice is served on the 15
person.'. 16
Clause 60 Insertion of new s 9A 17
After section 9-- 18
insert-- 19
`9A Possessing relevant substances or things 20
`(1) A person who unlawfully possesses a relevant substance or 21
thing commits a crime. 22
Maximum penalty--15 years imprisonment. 23
`(2) In this section-- 24
relevant substance or thing means-- 25
(a) a substance that is, or contains, a controlled substance 26
and the gross weight of the relevant substance is of, or 27
exceeds, the gross weight specified in the Drugs Misuse 28
Regulation 1987, schedule 8A in respect of the relevant 29
substance; or 30
(b) substances that together are, or contain, a controlled 31
substance and the total gross weight of the relevant 32
substances is of, or exceeds, the total of the gross 33
s 61 37 s 62
Drug Legislation Amendment Bill 2005
weights specified in the Drugs Misuse Regulation 1987, 1
schedule 8A in respect of the relevant substances; or 2
(c) a thing specified in the Drugs Misuse Regulation 1987, 3
schedule 8B.'. 4
Clause 61 Insertion of new s 10B 5
After section 10A-- 6
insert-- 7
`10B Possession of a prohibited combination of items 8
`(1) A person who unlawfully possesses a prohibited combination 9
of items commits a crime. 10
Maximum penalty--25 years imprisonment. 11
`(2) To remove any doubt, it is declared that a person who 12
unlawfully possesses a prohibited combination of items 13
commits an offence against subsection (1) even if the items 14
are separate or at different places. 15
16
Example for subsection (2)--
17
A combination of chemical A, chemical B and chemical C is a
18
prohibited combination of items. John Smith unlawfully possesses
19
chemical A, chemical B and chemical C. John Smith commits a crime
20
under subsection (1) even though chemical A is in his garage, chemical
21
B is in his storage shed and chemical C is in his utility room.
`(3) In this section-- 22
prohibited combination of items means a combination of 23
items that is prescribed under the Drugs Misuse Regulation 24
1987, schedule 8C.'. 25
Clause 62 Amendment of s 13 (Certain offences may be dealt with 26
summarily) 27
(1) Section 13, after `9,'-- 28
insert-- 29
`9A,'. 30
s 63 38 s 64
Drug Legislation Amendment Bill 2005
(2) Section 13(4), `2'-- 1
omit, insert-- 2
`3'. 3
Clause 63 Amendment of s 128 (Analyst's certificate) 4
(1) Section 128(1), after `evidence of'-- 5
insert-- 6
`any of the following stated in the certificate' 7
(2) Section 128(1)(a), `and quantity'-- 8
omit. 9
(3) Section 128(1)(b), `stated in the certificate'-- 10
omit. 11
(4) Section 128(1)(b)-- 12
renumber as section 128(1)(c). 13
(5) Section 128(1)-- 14
insert-- 15
`(b) the quantity of the thing;'. 16
Clause 64 Amendment of s 130 (Evidence of prescribed substance 17
by label) 18
(1) Section 130(2)-- 19
insert-- 20
`(ba) the defendant was served with a prosecution information 21
notice specifying the prescribed substance; and'. 22
(2) Section 130(2)(c), `written notice mentioned in section 23
131(4)'-- 24
omit, insert-- 25
`a challenge notice'. 26
(3) Section 130(2)(c)(ii), after `environmental health'-- 27
insert-- 28
s 65 39 s 65
Drug Legislation Amendment Bill 2005
`officer'. 1
(4) Section 130(2)(ba) to (e)-- 2
renumber as section 130(c) to (f). 3
Clause 65 Replacement of s 131 (Evidence of prescribed 4
substance--notice of challenge required) 5
Section 131-- 6
omit, insert-- 7
`131 Evidence of equipment being used to produce 8
particular dangerous drugs 9
`(1) This section applies if, in a proceeding for an offence against 10
this Act, it is relevant to prove that particular equipment was 11
used in the production of a relevant dangerous drug. 12
`(2) In the absence of proof to the contrary, the equipment is 13
proved to have been used in the production of the relevant 14
dangerous drug if-- 15
(a) a police officer gives evidence that the police officer 16
believes the equipment was used in the production of the 17
relevant dangerous drug; and 18
(b) the court considers that belief to be reasonably held by 19
the police officer; and 20
(c) the defendant was served with a prosecution information 21
notice specifying the equipment; and 22
(d) the defendant has not given the commissioner of police 23
a challenge notice. 24
`(3) In this section-- 25
equipment includes apparatus, items and other things. 26
relevant dangerous drug means a dangerous drug specified in 27
the Drugs Misuse Regulation 1987, schedule 8D. 28
s 65 40 s 65
Drug Legislation Amendment Bill 2005
`131A Evidence of medicine or poison or veterinary 1
chemical product by container 2
`(1) This section applies if, in a proceeding for an offence against 3
this Act, it is relevant to prove that a substance owned or 4
supplied by, or in the possession of, a person was-- 5
(a) a medicine or poison; or 6
(b) a veterinary chemical product. 7
`(2) In the absence of proof to the contrary, the substance is proved 8
to have been the medicine or poison or veterinary chemical 9
product shown on the label of the container in which it is 10
contained if-- 11
(a) there is evidence that the container containing the 12
substance was a sealed medicine or poison container; 13
and 14
(b) a police officer or environmental health officer gives 15
evidence that the police officer or environmental health 16
officer believes the sealed medicine or poison container 17
contained a medicine or poison or veterinary chemical 18
product; and 19
(c) the court considers that belief to be reasonably held by 20
the police officer or environmental health officer; and 21
(d) the defendant was served with a prosecution information 22
notice specifying the medicine or poison or veterinary 23
chemical product; and 24
(e) the defendant has not given a challenge notice to-- 25
(i) if the proceedings have been brought by a police 26
officer--the commissioner of the police service; or 27
(ii) if the proceedings have been brought by an 28
environmental health officer--the chief executive 29
for health. 30
`(3) In this section-- 31
medicine or poison means a medicine or poison that is 32
registered or exempt under the Therapeutic Goods Act 1989 33
(Cwlth). 34
sealed medicine or poison container is a container-- 35
s 65 41 s 65
Drug Legislation Amendment Bill 2005
(a) that appears to contain-- 1
(i) a medicine or poison; or 2
(ii) a veterinary chemical product; and 3
(b) that has a label indicating that the substance is a 4
medicine or poison or a veterinary chemical product; 5
and 6
(c) that has an indicator or barrier to entry-- 7
(i) that can reasonably be expected to provide visible 8
or audible evidence to consumers that tampering 9
may have occurred; and 10
(ii) that is not breached or missing. 11
veterinary chemical product means a veterinary chemical 12
product within the meaning of the code set out in the schedule 13
to the Agricultural and Veterinary Chemicals Code Act 1994 14
(Cwlth). 15
`131B Evidence for ss 130, 131 and 131A--notice of 16
challenge 17
`(1) This section applies if an originating step for a proceeding for 18
an offence to which section 130, 131 or 131A applies is taken. 19
`(2) Within 28 days after the originating step is taken, the 20
defendant in the proceeding may be served with a prosecution 21
information notice. 22
`(3) The prosecution information notice may be served on the 23
defendant, and the service may be proved, in the same way as 24
a summons under the Justices Act 1886, section 56.1 25
`(4) If the defendant wants to challenge a claim of which notice 26
has been given in the prosecution information notice, the 27
defendant must, within 28 days after the prosecution 28
information notice is served on the defendant, give a 29
challenge notice to-- 30
(a) if the proceedings have been brought by a police 31
officer--the commissioner of the police service; or 32
1 Justices Act 1886, section 56 (Service of summonses)
s 66 42 s 66
Drug Legislation Amendment Bill 2005
(b) if the proceedings have been brought by an 1
environmental health officer--the chief executive for 2
health. 3
`(5) A magistrates court may extend the 28 day period mentioned 4
in subsection (4) if the court considers it appropriate. 5
`(6) In this section-- 6
originating step, for a proceeding, means-- 7
(a) the arrest of the defendant in the proceeding; or 8
(b) the making of a complaint under the Justices Act 1886, 9
section 42 in relation to the defendant in the proceeding; 10
or 11
(c) the serving of a notice to appear on the defendant in the 12
proceeding under the Police Powers and Responsibilities 13
Act 2000, section 214.'. 14
Clause 66 Amendment of s 134 (Regulation-making power) 15
(1) Section 134(2)(g)-- 16
renumber as section 134(2)(k). 17
(2) Section 134(2)-- 18
insert-- 19
`(g) prescribing in the Drugs Misuse Regulation 1987, 20
schedule 8A, quantities of substances mentioned in the 21
Drugs Misuse Regulation 1987, schedule 6 that are 22
unlawful for this Act; 23
(h) prescribing in the Drugs Misuse Regulation 1987, 24
schedule 8B, things that are unlawful for this Act; 25
(i) prescribing in the Drugs Misuse Regulation 1987, 26
schedule 8C, a combination of items that is a prohibited 27
combination of items for this Act; 28
(j) prescribing in the Drugs Misuse Regulation 1987, 29
schedule 8D, the dangerous drugs to which section 131 30
applies.'. 31
s 67 43 s 69
Drug Legislation Amendment Bill 2005
Clause 67 Insertion of new pt 7, hdg and div 1 hdg 1
After section 134-- 2
insert-- 3
`Part 7 Transitional provisions 4
`Division 1 Provision for Drugs Misuse 5
Amendment Act 1996 No. 49'. 6
Clause 68 Insertion of new pt 7, div 2, hdg 7
After section 135-- 8
insert-- 9
`Division 2 Provision for Drugs Misuse 10
Amendment Act 2002 No. 35'. 11
Clause 69 Insertion of new pt 7, div 3 12
After section 136-- 13
insert-- 14
`Division 3 Provision for Drug Legislation 15
Amendment Act 2005 16
`137 Transitional provision for ss 130131B 17
`(1) This section applies if-- 18
(a) before the commencement an originating step for a 19
proceeding for an offence to which section 130, 131 or 20
131A applies was taken; and 21
(b) before the commencement, a committal hearing or 22
summary hearing had not been held in relation to the 23
defendant for the proceeding for the offence; and 24
(c) the committal hearing or summary hearing is not listed 25
for hearing during the relevant period. 26
`(2) On the commencement-- 27
s 70 44 s 71
Drug Legislation Amendment Bill 2005
(a) section 130, 131 or 131A applies to a proceeding against 1
the defendant for the offence; and 2
(b) section 131B applies to the defendant, subject to 3
subsection (3). 4
`(3) For applying section 131B(2) to a proceeding against the 5
defendant, the originating step for the proceeding is taken to 6
have been taken on the commencement and a prosecution 7
information notice may be served on the defendant within 28 8
days after the commencement. 9
`(4) In this section-- 10
commencement means the commencement of this section. 11
relevant period means the period-- 12
(a) starting on the day this section commences; and 13
(b) ending on the day that is 56 days later.'. 14
Part 4 Consequential amendment of 15
Criminal Code 16
Clause 70 Amendment of Criminal Code 17
This part amends the Criminal Code. 18
Clause 71 Amendment of s 552H (Maximum penalty for indictable 19
offences dealt with summarily) 20
(1) Section 552H(1)(a), after `magistrate'-- 21
insert-- 22
`, other than a magistrate performing functions as a drug court 23
magistrate under the Drug Court Act 2000'. 24
(2) Section 552H(1)(b)-- 25
renumber as section 552H(1)(c). 26
(3) Section 552H(1)-- 27
s 71 45 s 71
Drug Legislation Amendment Bill 2005
insert-- 1
`(b) if the Magistrates Court is constituted by a magistrate 2
performing functions as a drug court magistrate under 3
the Drug Court Act 2000-- 4
(i) if the consent mentioned in section 20(2) of that 5
Act has been obtained--100 penalty units or 4 6
years imprisonment; or 7
(ii) otherwise--100 penalty units or 3 years 8
imprisonment.'. 9
© State of Queensland 2005
AMENDMENTS TO BILL
1
Drug Legislation Amendment Bill 2005
Drug Legislation Amendment Bill 2005
Amendments agreed to during Consideration
1 After clause 71
At page 45, after line 9--
insert--
`Part 5 Amendment of Judicial Review
Act 1991
`72 Act amended in pt 5
`This part amends the Judicial Review Act 1991.
`73 Replacement of pt 7 (Transitional provision)
`Part 7--
omit, insert--
`Part 7 Declarations
`58 Small Claims Tribunals Act 1973 reference
`(1) This section applies to the following item that was in schedule
1, part 1, immediately before the commencement of the
Statute Law (Miscellaneous Provisions) Act 2000, schedule,
amendments of the Judicial Review Act 1991, amendment 4
(the amendment)--
7. Small Claims Tribunals Act 1973, section 19
`(2) It is declared that the amendment never had any effect to omit
the item and the item has been listed in schedule 1, part 1, at
all times after the amendment.
`(3) It is further declared that the declaration in section 58,
repealed by the Drug Legislation Amendment Act 2005,
section 73, never had any effect.'.
2
Drug Legislation Amendment Bill 2005
`74 Amendment of sch 1 (Operation of other laws)
`(1) Schedule 1, part 1, item 6AA--
omit.
`(2) Schedule 1, part 1, item numbering--
omit.'.
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