Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
PENALTIES AND SENTENCES
(NON-CONTACT ORDERS)
AMENDMENT BILL 2001
Queensland
PENALTIES AND SENTENCES
(NON-CONTACT ORDERS) AMENDMENT
BILL 2001
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--AMENDMENT OF PENALTIES AND SENTENCES ACT
1992
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 3A--NON-CONTACT ORDERS
43A Court may make order whether or not it records conviction . . . . . . . 5
43B Making non-contact order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
43C Requirements of non-contact order . . . . . . . . . . . . . . . . . . . . . . . . . . 6
43D Amending or revoking non-contact order . . . . . . . . . . . . . . . . . . . . . 8
43E Order to be given to interested persons . . . . . . . . . . . . . . . . . . . . . . . 9
43F Contravention of non-contact order . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Insertion of new s 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
209 Transitional provision for Penalties and Sentences (Non-contact
Orders) Amendment Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
PART 3--AMENDMENT OF EVIDENCE ACT 1977
7 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Amendment of s 132C (Fact finding on sentencing). . . . . . . . . . . . . . . . . . . 11
2001
A BILL
FOR
An Act to amend the Penalties and Sentences Act 1992 and Evidence Act
1977
s1 4 s4
Penalties and Sentences (Non-contact Orders)
Amendment Bill 2001
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Penalties and Sentences (Non-contact 4
Orders) Amendment Act 2001. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF PENALTIES AND 8
SENTENCES ACT 1992 9
3 Act amended in pt 2
Clause 10
This part amends the Penalties and Sentences Act 1992. 11
4 Amendment of s 4 (Definitions)
Clause 12
Section 4-- 13
insert-- 14
` "Crown prosecutor", for part 3A, includes-- 15
(a) the Attorney-General; and 16
(b) the director of public prosecutions; and 17
(c) another person, other than a police officer, appearing for the 18
State. 19
"non-contact order" means a non-contact order in force under part 3A. 20
s5 5 s5
Penalties and Sentences (Non-contact Orders)
Amendment Bill 2001
"prosecutor", for part 3A, means-- 1
(a) in the context of a proceeding before, or an application to, a 2
Magistrates Court--a police officer or Crown prosecutor; or 3
(b) otherwise--a Crown prosecutor.'. 4
5 Insertion of new pt 3A
Clause 5
After section 43-- 6
insert-- 7
`PART 3A--NON-CONTACT ORDERS 8
`43A Court may make order whether or not it records conviction 9
`A court may make a non-contact order whether or not it records a 10
conviction. 11
`43B Making non-contact order 12
`(1) If a court convicts an offender of a personal offence, whether on 13
indictment or summarily, the court may make a non-contact order for the 14
offender. 15
`(2) The order may be made in addition to any other order the court may 16
make under this or another Act. 17
`(3) However, the court must not make a non-contact order if an order 18
may be made under the Domestic Violence (Family Protection) Act 1989, 19
section 30.1 20
`(4) In this section-- 21
"personal offence" means an indictable offence committed against the 22
person of someone. 23
1 Domestic Violence (Family Protection) Act 1989, section 30 (Power of court if
spouse pleads or is found guilty of related offences)
s5 6 s5
Penalties and Sentences (Non-contact Orders)
Amendment Bill 2001
`43C Requirements of non-contact order 1
`(1) A non-contact order is an order that contains either or both of the 2
following-- 3
(a) a requirement that the offender not contact the victim against 4
whom the offence was committed, or someone who was with the 5
victim when the offence was committed (an "associate"), for a 6
stated time; 7
(b) a requirement that the offender not go to a stated place, or within 8
a stated distance of a stated place, for a stated time. 9
`(2) The time stated in the order must be a period starting when the order 10
is made and ending no later than-- 11
(a) if the offender is sentenced to a term of imprisonment for the 12
offence and the sentence is not suspended--2 years after the day 13
on which the term of imprisonment ends; or 14
(b) otherwise--2 years after the day on which the order is made. 15
`(3) The court may make the order if satisfied that, unless the order is 16
made, there is an unacceptable risk that the offender would-- 17
(a) injure the victim or associate, including for example by injuring 18
the victim or associate psychologically; or 19
(b) harass the victim or associate; or 20
(c) damage the property of the victim or associate; or 21
(d) act in a way that could reasonably be expected to cause a 22
detriment to the victim or associate, including for example by 23
acting in a way that-- 24
(i) makes the victim or associate fear that he or she may be 25
injured; or 26
(ii) makes the victim or associate fear that his or her property 27
may be damaged; or 28
(iii) hinders or stops the victim or associate doing something he 29
or she is lawfully entitled to do; or 30
(iv) makes the victim or associate do something he or she is 31
lawfully entitled not to do. 32
s5 7 s5
Penalties and Sentences (Non-contact Orders)
Amendment Bill 2001
1
Example of subparagraph (iii)--
2
Acting in a way that makes the victim significantly change the way
3
the victim would ordinarily travel to work.
4
Example of subparagraph (iv)--
5
Acting in a way that makes the victim sell a property the victim
6
would not otherwise sell.
`(4) In considering whether to make the order, the court must have regard 7
to all of the circumstances of the case, including for example-- 8
(a) the terms of any other order relating to the offender and the 9
victim or associate; and 10
(b) the viability of making the order in circumstances in which 11
contact between the offender and the victim or associate may be 12
unavoidable; and 13
(c) the offender's antecedents. 14
15
Example of another order under paragraph (a)--
16
An order under the Family Law Act 1975 (Cwlth).
17
Example of unavoidable contact under paragraph (b)--
18
Contact may be unavoidable if the offender and the victim both live in a
19
small remote community.
`(5) In this section-- 20
"contact" the victim or associate means-- 21
(a) intentionally initiate contact with the victim or associate in any 22
way, including for example, by phone, mail, fax, email or other 23
technology; or 24
(b) intentionally follow, loiter near, watch or approach the victim or 25
associate; or 26
(c) intentionally loiter near, watch, approach or enter a place where 27
the victim or associate lives, works or visits. 28
"property" of a victim or associate means-- 29
(a) property in which the victim or associate has an interest, whether 30
or not the offender also has an interest in the property; or 31
(b) property that is otherwise-- 32
s5 8 s5
Penalties and Sentences (Non-contact Orders)
Amendment Bill 2001
(i) in the care or custody of the victim or associate; or 1
(ii) at the premises where the victim or associate is living. 2
`43D Amending or revoking non-contact order 3
`(1) The following persons may apply, in the approved form, to amend or 4
revoke a non-contact order-- 5
(a) a prosecutor; 6
(b) the victim named in the order; 7
(c) any associate named in the order; 8
(d) the offender. 9
`(2) However, the offender can not apply within 6 months after the order 10
was made. 11
`(3) The application may be made to-- 12
(a) a court of equivalent jurisdiction to the court in which the order 13
was made; or 14
(b) if the offender is appearing before a court of higher jurisdiction 15
in relation to another offence against the victim or associate--the 16
judge before whom the offender is appearing. 17
`(4) The applicant must give a copy of the application to-- 18
(a) if the applicant is the offender, victim or associate--the 19
prosecuting authority; or 20
(b) if the applicant is a prosecutor--the offender, the victim and any 21
associate named in the order. 22
`(5) The applicant must give the copy at least 21 days before the day on 23
which the application is to be heard. 24
`(6) For an application made by the offender, victim or associate, the 25
prosecuting authority who received the application under subsection (4)(a) 26
must take all reasonable steps to immediately give a copy of the application 27
to-- 28
(a) if the application is made by the offender--the victim and any 29
associate named in the order; or 30
(b) if the application is made by the victim--the offender and any 31
associate named in the order; or 32
s5 9 s5
Penalties and Sentences (Non-contact Orders)
Amendment Bill 2001
(c) if the application is made by the associate--the offender and the 1
victim. 2
`(7) The prosecutor, offender, victim and associate are each entitled to be 3
heard at the hearing of an application. 4
`(8) A court may amend or revoke the order only if satisfied there has 5
been a material change in the circumstances of the offender, the victim or 6
any associate named in the order that justifies the amendment or 7
revocation. 8
9
Example of a material change in the victim's circumstances--
10
Because of the relocation of the victim's employer's workplace, the victim starts
11
working in the building in which the offender works.
`(9) In this section-- 12
"prosecuting authority" means-- 13
(a) if the prosecutor who appeared before the court when the 14
non-contact order was made was a police officer--the 15
commissioner of the police service or someone authorised to 16
accept the application on the commissioner's behalf; or 17
(b) if the prosecutor who appeared before the court when the 18
non-contact order was made was a Crown prosecutor--the 19
director of public prosecutions or someone authorised to accept 20
the application on the director's behalf. 21
`43E Order to be given to interested persons 22
`(1) A proper officer of the court that makes, amends or revokes a 23
non-contact order for an offender must immediately-- 24
(a) reduce the order to writing in the approved form; and 25
(b) give a copy of the order to-- 26
(i) if the prosecutor who appeared before the court when the 27
non-contact order was made was a Crown prosecutor--the 28
director of public prosecutions or someone authorised to 29
accept the order on the director's behalf; and 30
(ii) the offender; and 31
(iii) if the order was amended or revoked on the application of 32
the victim named in the order--the victim; and 33
s5 10 s5
Penalties and Sentences (Non-contact Orders)
Amendment Bill 2001
(iv) if the order was amended or revoked on the application of 1
any associate named in the order--the associate; and 2
(v) the chief executive (corrective services); and 3
(c) give a copy of the order to the commissioner of the police 4
service, or someone authorised to accept the order on the 5
commissioner's behalf, by fax, email or a similar facility. 6
`(2) Failure to comply with subsection (1) does not invalidate the order. 7
`(3) If the proper officer is not required under subsection (1) to give a 8
copy of the order to the victim or associate, the prosecutor, or someone on 9
the prosecutor's behalf, must take all reasonable steps to give a copy of the 10
order to the victim or associate. 11
`43F Contravention of non-contact order 12
`(1) An offender must not unlawfully contravene a non-contact order. 13
Maximum penalty--40 penalty units or 1 year's imprisonment. 14
`(2) A Magistrates Court that convicts an offender of an offence against 15
subsection (1) may, in addition to or instead of sentencing the offender 16
under subsection (1)-- 17
(a) if the non-contact order was made by a Magistrates 18
Court--amend the order; or 19
(b) if the non-contact order was made by the Supreme or District 20
Court (the "sentencing court")--order the offender to appear 21
before the sentencing court. 22
`(3) If an order is made under subsection (2)(b), the Magistrates Court 23
must also make 1 of the following orders-- 24
(a) an order committing the offender into custody to be brought 25
before the sentencing court; 26
(b) an order granting the offender bail on the condition that the 27
offender appear before the sentencing court. 28
`(4) If the Magistrates Court sentenced the offender under 29
subsection (1), the sentencing court may amend the order or decide no 30
further action be taken. 31
`(5) If the Magistrates Court did not sentence the offender under 32
subsection (1), the sentencing court may do the following-- 33
s6 11 s8
Penalties and Sentences (Non-contact Orders)
Amendment Bill 2001
(a) sentence the offender under subsection (1); 1
(b) in addition to or instead of sentencing the offender under 2
subsection (1), amend the order; 3
(c) decide no further action be taken.'. 4
6 Insertion of new s 209
Clause 5
After section 208-- 6
insert-- 7
`209 Transitional provision for Penalties and Sentences (Non-contact 8
Orders) Amendment Act 2001 9
`Part 3A applies only to an offence committed after the commencement 10
of this section.'. 11
PART 3--AMENDMENT OF EVIDENCE ACT 1977 12
7 Act amended in pt 3
Clause 13
This part amends the Evidence Act 1977. 14
8 Amendment of s 132C (Fact finding on sentencing)
Clause 15
Section 132C(5)(a), after `15'-- 16
insert-- 17
`or evidence given at a hearing in relation to an order under 18
part 3A2 of that Act'. 19
2 Penalties and Sentences Act 1992, part 3A (Non-contact orders)
12
Penalties and Sentences (Non-contact Orders)
Amendment Bill 2001
© State of Queensland 2001
[Index] [Search] [Download] [Related Items] [Help]