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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Penalties and Sentences
(Sentencing Advisory
Council) Amendment Bill 2010
Queensland
Penalties and Sentences (Sentencing
Advisory Council) Amendment Bill 2010
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 4
6 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part 2A Guideline judgments
15AA Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 5
15AB Powers of court to give or review guideline
judgments ........................... 7
15AC Limitations for guideline judgments . . . . . . . . . . . . . . 7
15AD Guideline judgments on own initiative . . . . . . . . . . . . 7
15AE Guideline judgments on application . . . . . . . . . . . . . . 8
15AF Right of appearance in a guideline proceeding . . . . . 9
15AG Powers of Attorney-General or director of public
prosecutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15AH Relevant considerations before giving or reviewing
guideline judgment . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15AI Procedural requirements if court decides to give or
review guideline judgment . . . . . . . . . . . . . . . . . . . . . 11
15AJ Discretion of court preserved . . . . . . . . . . . . . . . . . . . 11
15AK Use of evidence in giving or reviewing guideline
judgments ............................ 12
15AL Relationship between guideline judgments and other
sentencing matters . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
7 Amendment of s 161B (Declaration of conviction of serious
violent offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Insertion of new pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
Contents
Part 12 Sentencing Advisory Council
Division 1 Establishment and functions
198 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
199 Function to state views to Court of Appeal. . . . . . . . . 13
200 Other functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
201 Powers of council . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2 Membership
202 Membership of council . . . . . . . . . . . . . . . . . . . . . . . . 14
203 Chairperson and deputy chairperson . . . . . . . . . . . . . 15
203A Conditions of appointment . . . . . . . . . . . . . . . . . . . . . 16
203B Vacation of office of council member . . . . . . . . . . . . . 16
203C Removal from office of council members . . . . . . . . . . 16
203D Defects in appointment of members. . . . . . . . . . . . . . 16
Division 3 Proceedings
203E Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 17
203F Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
203G Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . 17
203H Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 17
203I Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 4 Other matters
203J Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
203K Council may engage persons to help in performing
functions ............................. 18
203L Reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Schedule Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Page 2
2010
A Bill
for
An Act to amend the Penalties and Sentences Act 1992 to
establish a Sentencing Advisory Council, to provide for the
making of guideline judgments by the Court of Appeal, and for
other particular purposes
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Penalties and Sentences 3
(Sentencing Advisory Council) Amendment Act 2010. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Penalties and Sentences Act 1992. 8
Clause 4 Amendment of s 4 (Definitions) 9
Section 4-- 10
insert-- 11
`council means the Sentencing Advisory Council established 12
under section 198. 13
court, for part 2A, see section 15AA. 14
guideline judgment, for part 2A, see section 15AA.'. 15
Clause 5 Amendment of s 9 (Sentencing guidelines) 16
(1) Section 9(5)-- 17
omit, insert-- 18
`(5) Also, in sentencing an offender for any offence of a sexual 19
nature committed in relation to a child under 16 years-- 20
(a) the principles mentioned in subsection (2)(a) do not 21
apply; and 22
(b) the offender must serve an actual term of imprisonment, 23
unless there are exceptional circumstances. 24
Page 4
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 6]
`(5A) For subsection (5)(b), in deciding whether there are 1
exceptional circumstances, a court may have regard to the 2
closeness in age between the offender and the child.'. 3
(2) Section 9-- 4
insert-- 5
`(8) In determining the appropriate sentence for an offender who 6
has 1 or more previous convictions, the court must treat each 7
previous conviction as an aggravating factor if the court 8
considers that it can reasonably be treated as such having 9
regard to-- 10
(a) the nature of the previous conviction and its relevance to 11
the current offence; and 12
(b) the time that has elapsed since the conviction. 13
`(9) Despite subsection (8), the sentence imposed must not be 14
disproportionate to the gravity of the current offence. 15
`(10) In this section-- 16
actual term of imprisonment means a term of imprisonment 17
served wholly or partly in a corrective services facility. 18
corrective services facility see the Corrective Services Act 19
2006, schedule 4.'. 20
Clause 6 Insertion of new pt 2A 21
After part 2-- 22
insert-- 23
`Part 2A Guideline judgments 24
`15AA Definitions for pt 2A 25
`In this part-- 26
Attorney-General includes the nominee of the 27
Attorney-General. 28
Page 5
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 6]
chief executive officer of Legal Aid Queensland includes the 1
nominee of the chief executive officer of Legal Aid 2
Queensland. 3
court means the Court of Appeal. 4
director of public prosecutions includes the nominee of the 5
director of public prosecutions. 6
guideline judgment means a judgment that-- 7
(a) is declared to be a guideline judgment by the court; and 8
(b) contains guidelines to be taken into account by courts in 9
sentencing offenders being guidelines applying-- 10
(i) generally; or 11
(ii) to a particular court or class of court; or 12
(iii) to a particular offence, or class of offence, 13
including under a Commonwealth Act; or 14
(iv) to a particular penalty or class of penalty; or 15
(v) to a particular class of offender. 16
guideline judgment for an offence under a Commonwealth 17
Act means a guideline judgment to the extent it relates to an 18
offence under a Commonwealth Act. 19
guideline proceeding means-- 20
(a) that part of a proceeding relating to the giving or review 21
of a guideline judgment under section 15AD; or 22
(b) a proceeding, or part of a proceeding, under section 23
15AE on an application for the giving or review of a 24
guideline judgment under that section. 25
review, a guideline judgment, means-- 26
(a) confirm the guideline judgment; or 27
(b) vary the guideline judgment; or 28
(c) revoke the guideline judgment; or 29
(d) substitute a new guideline judgment for the guideline 30
judgment. 31
Page 6
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 6]
`15AB Powers of court to give or review guideline 1
judgments 2
`(1) The court may give or review a guideline judgment-- 3
(a) on its own initiative under section 15AD; or 4
(b) on an application under section 15AE. 5
`(2) However-- 6
(a) a guideline judgment for an offence under a 7
Commonwealth Act may be given or reviewed only in a 8
proceeding where the guideline judgment relates to a 9
matter in the proceeding; and 10
(b) the court must comply with section 15AC. 11
`15AC Limitations for guideline judgments 12
`(1) A guideline judgment, other than a guideline judgment for an 13
offence under a Commonwealth Act, must be consistent with 14
Queensland law. 15
`(2) A guideline judgment for an offence under a Commonwealth 16
Act must-- 17
(a) be consistent with Commonwealth law; and 18
(b) set out non-binding considerations to guide the future 19
exercise of discretion and not purport to establish a rule 20
of binding effect; and 21
(c) articulate principles to underpin the determination of a 22
particular sentence and not state the expected decisions 23
in a future proceeding. 24
`15AD Guideline judgments on own initiative 25
`(1) The court may, on its own initiative-- 26
(a) give or review a guideline judgment, other than a 27
guideline judgment for an offence under a 28
Commonwealth Act, in a proceeding and whether or not 29
the court considers giving or reviewing the guideline 30
Page 7
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 6]
judgment is necessary for the purpose of determining 1
the proceeding; and 2
(b) pronounce the guideline judgment separately or by 3
inclusion in any judgment the court considers 4
appropriate. 5
`(2) The court may, on its own initiative-- 6
(a) give or review a guideline judgment for an offence 7
under a Commonwealth Act in a proceeding and only if 8
the court considers giving or reviewing the guideline 9
judgment is necessary for the purpose of determining 10
the proceeding; and 11
(b) pronounce the guideline judgment only by inclusion in 12
the judgment for the proceeding. 13
`15AE Guideline judgments on application 14
`(1) The following persons may apply to the court for a guideline 15
judgment to be given or reviewed-- 16
(a) the Attorney-General; 17
(b) the director of public prosecutions; 18
(c) the chief executive officer of Legal Aid Queensland. 19
`(2) For subsection (1), the application is not required to be an 20
application in a proceeding. 21
`(3) Also, on an appeal after a person is convicted, the person may 22
apply to the court for review of a guideline judgment to the 23
extent it contains a guideline that is relevant in the 24
circumstances. 25
`(4) The application may include submissions in support of the 26
application. 27
`(5) The court may, on an application under this section-- 28
(a) give or review a guideline judgment, other than a 29
guideline judgment for an offence under a 30
Commonwealth Act, whether or not this is necessary for 31
the purpose of determining a proceeding; and 32
Page 8
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 6]
(b) pronounce the guideline judgment separately or by 1
inclusion in any judgment the court considers 2
appropriate. 3
`(6) The court may, on an application under this section-- 4
(a) give or review a guideline judgment for an offence 5
under a Commonwealth Act only if the court considers 6
giving or reviewing the guideline judgment is necessary 7
for the purpose of determining a proceeding in relation 8
to the offence; and 9
(b) pronounce the guideline judgment only by inclusion in 10
the judgment for the proceeding. 11
`15AF Right of appearance in a guideline proceeding 12
`(1) The following persons may appear in a guideline 13
proceeding-- 14
(a) the Attorney-General; 15
(b) the director of public prosecutions; 16
(c) the chief executive officer of Legal Aid Queensland. 17
`(2) Also, for a guideline proceeding in which the court is giving 18
or reviewing a guideline judgment relevant to an appeal before 19
the court against the sentence of a convicted person, the 20
convicted person may appear in the guideline proceeding. 21
`(3) Without limiting subsection (1) or (2), a person who may 22
appear under subsection (1) or (2) may-- 23
(a) oppose or support the giving or reviewing of the 24
guideline judgment by the court; and 25
(b) make submissions in relation to the framing of the 26
guidelines to be contained in the guideline judgment; 27
and 28
(c) inform the court of any relevant pending appeal against 29
sentence; and 30
(d) assist the court in relation to any relevant matter. 31
Page 9
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 6]
`15AG Powers of Attorney-General or director of public 1
prosecutions 2
`(1) Nothing in the Director of Public Prosecutions Act 1984 or 3
any Act or law prevents, or in any way limits, the exercise of a 4
power conferred on the director of public prosecutions under 5
section 15AE or 15AF. 6
`(2) Without limiting subsection (1), in exercising a power 7
conferred on the director of public prosecutions under this 8
section, the director is not, despite the Director of Public 9
Prosecutions Act 1984, section 10, responsible to, or subject 10
to the direction of, the Attorney-General. 11
`(3) Nothing in any Act or law prevents, or in any way limits, the 12
performance of a function conferred on the Attorney-General 13
under section 15AE or 15AF. 14
`15AH Relevant considerations before giving or reviewing 15
guideline judgment 16
`(1) If the court is considering giving or reviewing a guideline 17
judgment, the court must-- 18
(a) consider-- 19
(i) the need to promote consistency of approach in 20
sentencing offenders; and 21
(ii) the need to promote public confidence in the 22
criminal justice system; and 23
(b) notify the council and consider the written views of the 24
council given within the reasonable period stated in the 25
notification. 26
`(2) However, the court does not have to notify the council under 27
subsection (1)(b) if-- 28
(a) the court is considering giving or reviewing a guideline 29
judgment relevant to an appeal before the court against 30
the sentence of a convicted person; and 31
(b) the court considers that the time taken to notify the 32
council and consider its views would result in an 33
injustice to the convicted person. 34
Page 10
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 6]
`15AI Procedural requirements if court decides to give or 1
review guideline judgment 2
`(1) This section applies if the court decides to give or review a 3
guideline judgment. 4
`(2) The court must-- 5
(a) for any guideline proceeding--notify the following 6
persons of their right to appear before the court in the 7
guideline proceeding-- 8
(i) the Attorney-General; 9
(ii) the director of public prosecutions; 10
(iii) the chief executive officer of Legal Aid 11
Queensland; and 12
(b) if the court is giving or reviewing a guideline judgment 13
relevant to an appeal before the court against the 14
sentence of a convicted person--notify the convicted 15
person. 16
`(3) If the court has received the written views of council under 17
section 15AH(1)(b), the court must give a copy of the 18
council's views to the persons mentioned in subsection (2)(a) 19
and (b). 20
`15AJ Discretion of court preserved 21
`(1) Nothing in this part-- 22
(a) limits any power or jurisdiction of the court to give or 23
review a judgment providing guidance on matters 24
relating to sentencing that the court has apart from this 25
part; or 26
(b) requires the court to give or review a guideline judgment 27
if it considers giving or reviewing a guideline judgment 28
inappropriate. 29
`(2) If, on an application under section 15AE, the court decides not 30
to give or review a guideline judgment, the court must give 31
reasons for its decision. 32
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Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 7]
`15AK Use of evidence in giving or reviewing guideline 1
judgments 2
`Nothing in the Criminal Code, section 671B limits the 3
evidence or other matters the court may take into 4
consideration in giving or reviewing a guideline judgment and 5
the court may inform itself in the way it considers appropriate. 6
`15AL Relationship between guideline judgments and other 7
sentencing matters 8
`A guideline in a guideline judgment-- 9
(a) is additional to anything else required under part 2; and 10
(b) does not limit or otherwise affect any requirement under 11
that part.'. 12
Clause 7 Amendment of s 161B (Declaration of conviction of 13
serious violent offence) 14
Section 161B-- 15
insert-- 16
`(5) For subsections (3) and (4), if an offender is convicted on 17
indictment of an offence-- 18
(a) that involved the use, counselling or procuring the use, 19
or conspiring or attempting to use, violence against a 20
child under 12 years; or 21
(b) that caused the death of a child under 12 years; 22
the sentencing court must treat the age of the child as an 23
aggravating factor in deciding whether to declare the offender 24
to be convicted of a serious violent offence.'. 25
Clause 8 Insertion of new pt 12 26
After part 11-- 27
insert-- 28
Page 12
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 8]
`Part 12 Sentencing Advisory Council 1
`Division 1 Establishment and functions 2
`198 Establishment 3
`The Sentencing Advisory Council is established. 4
`199 Function to state views to Court of Appeal 5
`(1) The council has the function of stating in writing to the Court 6
of Appeal its views on the giving, or review, of a guideline 7
judgment within the meaning of part 2A. 8
`(2) For subsection (1), the council may state its views on the 9
following-- 10
(a) whether a guideline judgment should be given or 11
reviewed; 12
(b) the content of the guideline judgment. 13
`200 Other functions 14
`(1) The other functions of the council are-- 15
(a) if requested by the Attorney-General, to advise the 16
Attorney-General on matters relating to sentencing; and 17
(b) to provide information to the community to enhance 18
knowledge and understanding of matters relating to 19
sentencing; and 20
(c) to publish information relating to sentencing; and 21
(d) to research matters relating to sentencing and publish 22
the results of the research; and 23
(e) to obtain the community's views on sentencing and 24
particular matters relating to sentencing. 25
`(2) To assist in performing its functions under subsection (1), the 26
council may consult with the judiciary, government 27
Page 13
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 8]
departments, any person or class of person and any other 1
entity or class of entity. 2
`(3) In this section-- 3
publish includes give information to the judiciary, 4
government departments, any person or class of person and 5
any other entity or class of entity. 6
`201 Powers of council 7
`The council has the powers necessary or convenient to 8
perform its functions or incidental to the performance of its 9
functions. 10
`Division 2 Membership 11
`202 Membership of council 12
`(1) The council consists of 12 members appointed by the 13
Governor in Council, by gazette notice, on the 14
recommendation of the Attorney-General. 15
`(2) The Attorney-General is to recommend persons the 16
Attorney-General considers have expertise or experience 17
relevant to functions of the council, for example, in relation to 18
any of the following-- 19
(a) victims of crime; 20
(b) justice matters relating to Aboriginal or Torres Strait 21
Islander people; 22
(c) justice matters relating to domestic and family violence; 23
(d) vulnerable persons facing the criminal justice system; 24
Examples of vulnerable persons-- 25
· persons suffering mental illness 26
· persons who have an intellectual or other disability 27
· persons who have a substance abuse problem 28
· homeless persons 29
Page 14
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 8]
(e) law enforcement; 1
(f) crime prevention; 2
(g) criminal prosecutions; 3
(h) criminal defence representation; 4
(i) civil liberties; 5
(j) corrective services, including offender rehabilitation; 6
(k) juvenile justice matters; 7
(l) criminal justice policy; 8
(m) criminal law, including sentencing; 9
(n) criminology. 10
`(3) In this section-- 11
corrective services see the Corrective Services Act 2006, 12
schedule 4. 13
`203 Chairperson and deputy chairperson 14
`(1) The Governor in Council may, on the recommendation of the 15
Attorney-General, appoint-- 16
(a) a member of the council to be chairperson of the 17
council; and 18
(b) another member to be deputy chairperson of the council. 19
`(2) A member may be appointed as the chairperson or deputy 20
chairperson at the same time as the person is appointed as a 21
member and by the same gazette notice. 22
`(3) Subject to this division, the chairperson or deputy chairperson 23
holds office for the term, ending not later than his or her term 24
of appointment as a member, stated in his or her appointment 25
as chairperson or deputy chairperson. 26
`(4) The deputy chairperson is to act as chairperson-- 27
(a) during a vacancy in the office of the chairperson; and 28
Page 15
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 8]
(b) during all periods when the chairperson is absent from 1
duty or for another reason can not perform the duties of 2
the office. 3
`203A Conditions of appointment 4
`(1) A member of the council holds office for the term, not more 5
than 3 years, stated in the member's instrument of 6
appointment. 7
`(2) A member is entitled to the fees and allowances fixed by the 8
Governor in Council, and otherwise holds office under the 9
conditions of appointment fixed by the Governor in Council. 10
`203B Vacation of office of council member 11
`The office of a member of the council becomes vacant if the 12
appointed member-- 13
(a) resigns office by signed notice given to the 14
Attorney-General; or 15
(b) is removed from office as a member under section 203C. 16
`203C Removal from office of council members 17
`The Governor in Council may remove an appointed member 18
from office if-- 19
(a) the member is mentally or physically incapable of 20
performing the member's duties; or 21
(b) the member is convicted, including by summary 22
conviction, of an indictable offence; or 23
(c) the Governor in Council is satisfied the member has 24
neglected the member's duties or performed the 25
member's duties incompetently or inefficiently. 26
`203D Defects in appointment of members 27
`A decision of the council is not invalidated by-- 28
Page 16
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 8]
(a) a defect or irregularity in the appointment of a member 1
of the council, including in the appointment of the 2
chairperson or deputy chairperson; or 3
(b) a vacancy in the membership of the council. 4
`Division 3 Proceedings 5
`203E Conduct of business 6
`Subject to this division, the council may conduct its business, 7
including its meetings, in the way it considers appropriate. 8
`203F Quorum 9
`A quorum for a meeting of the council is 7 members. 10
`203G Presiding at meetings 11
`(1) The chairperson is to preside at all meetings of the council at 12
which the chairperson is present. 13
`(2) If the chairperson is not present at a meeting, the deputy 14
chairperson is to preside. 15
`(3) If neither the chairperson nor deputy chairperson is present at 16
a meeting, a member of the council chosen by the members is 17
to preside. 18
`203H Conduct of meetings 19
`(1) A question at a council meeting is decided by a majority of the 20
votes of the members present. 21
`(2) Each member present at the meeting has a vote on each 22
question to be decided and, if the votes are equal, the member 23
presiding also has a casting vote. 24
`(3) A member present at the meeting may abstain from voting. 25
`(4) The council may hold meetings, or permit members to take 26
part in meetings, by using any technology that reasonably 27
Page 17
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 8]
allows members to hear and take part in discussions as they 1
happen. 2
Example of use of technology-- 3
teleconferencing 4
`(5) A member who takes part in a meeting under subsection (4) is 5
taken to be present at the meeting. 6
`203I Minutes 7
`The council must keep minutes of its proceedings. 8
`Division 4 Other matters 9
`203J Staff 10
`(1) Subject to the council's budget, the staff necessary to enable 11
the council to perform its functions may be employed. 12
`(2) Staff of the council are to be employed under the Public 13
Service Act 2008. 14
`203K Council may engage persons to help in performing 15
functions 16
`(1) Subject to the chief executive's approval, the council may 17
engage persons with suitable qualifications and experience to 18
help the council in performing its functions. 19
`(2) The engagement may either be in an honorary capacity or for 20
remuneration. 21
`203L Reports 22
`(1) The council must report in writing to the Attorney-General as 23
follows-- 24
(a) each financial year, by the date requested in writing by 25
the Attorney-General; 26
Page 18
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
[s 8]
(b) otherwise, as requested in writing by the 1
Attorney-General from time to time. 2
`(2) The report under subsection (1)(a)-- 3
(a) must include information about-- 4
(i) performance of the council's functions, in 5
particular about the provision of information to the 6
community to enhance knowledge and 7
understanding of matters relating to sentencing; 8
and 9
(ii) the work to be undertaken by the council in the 10
future in the performance of the council's 11
functions; and 12
(b) must be tabled in the Legislative Assembly by the 13
Attorney-General within 14 sitting days after the 14
Attorney-General receives it.'. 15
Page 19
Penalties and Sentences (Sentencing Advisory Council) Amendment Bill 2010
Schedule
Schedule Minor amendments 1
section 3 2
1 Section 51(b), after `Act'-- 3
insert-- 4
`1999'. 5
2 Section 187, heading, after `holding'-- 6
insert-- 7
`Queensland'. 8
3 Section 195(6), `the Passports Act 1938 (Cwlth)'-- 9
omit, insert-- 10
`the Australian Passports Act 2005 (Cwlth) and the Foreign 11
Passports (Law Enforcement and Security) Act 2005 (Cwlth)'. 12
4 Section 196, heading-- 13
omit, insert-- 14
`196 Regulation-making power'. 15
© State of Queensland 2010
Page 20
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