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Queensland
Police Legislation Amendment
Bill 2010
Queensland
Police Legislation Amendment Bill 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Police Powers and Responsibilities Act 2000
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Amendment of s 394 (Duty of police officer receiving custody of
person arrested for offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 3 Amendment of Police Service Administration Act 1990
4 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Amendment of s 10.2AA (Definition for sdiv 2). . . . . . . . . . . . . . . 7
6 Amendment of s 10.2A (Disclosure of criminal history for
employment screening under commercial or other arrangement) 7
7 Insertion of new s 10.2BA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10.2BA Disclosure of criminal history to assess suitability of
records for s 10.2A purposes . . . . . . . . . . . . . . . . . . . 8
8 Amendment of s 10.2C (Misuse of information obtained under
ss 10.2A10.2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
9 Amendment of s 10.2E (Relationship to other laws) . . . . . . . . . . 9
10 Amendment of s 10.2I (Giving information to an IPSP to enable
use of approved information by police services and law
enforcement agencies for particular purposes) . . . . . . . . . . . . . . 9
Part 4 Amendment of Prostitution Act 1999
11 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Amendment of s 19 (The licence) . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Insertion of new ss 24A and 24B . . . . . . . . . . . . . . . . . . . . . . . . . 10
24A Payment of fee by payment plan . . . . . . . . . . . . . . . . 10
24B Automatic suspension of licence . . . . . . . . . . . . . . . . 11
14 Amendment of s 25 (Automatic cancellation of licence). . . . . . . . 11
15 Insertion of new ss 27A and 27B . . . . . . . . . . . . . . . . . . . . . . . . . 12
Police Legislation Amendment Bill 2010
Contents
27A Authority may conduct disciplinary inquiry by
hearing or on correspondence . . . . . . . . . . . . . . . . . . 12
27B Disciplinary inquiry notice. . . . . . . . . . . . . . . . . . . . . . 12
16 Replacement of s 28 (Starting disciplinary action) . . . . . . . . . . . . 13
28 Starting disciplinary inquiry . . . . . . . . . . . . . . . . . . . . 13
28A Procedure for disciplinary inquiry by hearing . . . . . . . 14
28B Power of Authority to continue disciplinary inquiry in
particular circumstances . . . . . . . . . . . . . . . . . . . . . . 15
28C Failure to take oath or answer question . . . . . . . . . . . 16
28D Authority may require information relevant to
disciplinary inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
28E Attendance notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
28F Substituted service on licensee or relevant person . . 18
17 Insertion of new ss 50A and 50B . . . . . . . . . . . . . . . . . . . . . . . . . 18
50A Payment of fee by payment plan . . . . . . . . . . . . . . . . 18
50B Automatic suspension of certificate . . . . . . . . . . . . . . 19
18 Amendment of s 51 (Automatic cancellation of certificate) . . . . . 19
19 Insertion of new ss 53A and 53B . . . . . . . . . . . . . . . . . . . . . . . . . 20
53A Authority may conduct disciplinary inquiry by
hearing or on correspondence . . . . . . . . . . . . . . . . . . 20
53B Disciplinary inquiry notice. . . . . . . . . . . . . . . . . . . . . . 20
20 Replacement of s 54 (Starting disciplinary action) . . . . . . . . . . . . 21
54 Starting disciplinary inquiry . . . . . . . . . . . . . . . . . . . . 22
54A Procedure for disciplinary inquiry by hearing . . . . . . . 23
54B Power of Authority to continue disciplinary inquiry in
particular circumstances . . . . . . . . . . . . . . . . . . . . . . 23
54C Failure to take oath or answer question . . . . . . . . . . . 24
54D Authority may require information relevant to
disciplinary inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
54E Attendance notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
54F Substituted service on approved manager or
relevant person ........................ 26
21 Insertion of new pt 7, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 26
22 Insertion of new pt 7, div 2 and sdiv 1, hdgs . . . . . . . . . . . . . . . . 26
23 Amendment of s 102 (Membership) . . . . . . . . . . . . . . . . . . . . . . . 27
24 Replacement of s 105 (Disqualifications for appointment) . . . . . . 27
105 Disqualifications for appointment . . . . . . . . . . . . . . . . 27
25 Insertion of new pt 7, div 2, sdiv 2, and div 3, hdg . . . . . . . . . . . . 28
Page 2
Police Legislation Amendment Bill 2010
Contents
Subdivision 2 Assessing suitability for appointment
108AA Subdivision does not apply to exempt member . . . . . 28
108AB Extended criminal history checks . . . . . . . . . . . . . . . . 28
108AC Disclosure of changes in extended criminal history . . 29
108AD Disclosure must not be false, misleading or
incomplete ............................ 30
108AE Use of information obtained under this subdivision . . 30
26 Renumbering of ss 108AA108D. . . . . . . . . . . . . . . . . . . . . . . . . 31
27 Insertion of new pt 7A, div 2, sdiv 1, hdg . . . . . . . . . . . . . . . . . . . 31
28 Amendment of s 110B (Appointment of executive director) . . . . . 31
29 Insertion of new pt 7A, div 2, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . 31
Subdivision 2 Assessing suitability for appointment
110KA Extended criminal history checks . . . . . . . . . . . . . . . . 32
110KB Disclosure of changes in extended criminal history . . 33
110KC Disclosure must not be false, misleading or
incomplete ........................... 34
110KD Use of information obtained under this subdivision . . 34
30 Insertion of new pt 7A, div 3, sdiv 1, hdg . . . . . . . . . . . . . . . . . . . 35
31 Insertion of new pt 7A, div 3, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . 35
Subdivision 2 Assessing suitability to be engaged as staff
member
110M Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 35
110N Executive director may obtain extended criminal
history ............................... 35
110O Failure to consent to obtaining extended criminal
history ............................... 36
110P Obtaining extended criminal history with consent . . . 36
110Q Assessment of suitability using extended criminal
history ............................... 37
110R Staff member to disclose change in extended
criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
110S Failing to make disclosure or making false,
misleading or incomplete disclosure . . . . . . . . . . . . . 38
110T Executive director may obtain report from
commissioner ......................... 38
110U Use of information obtained under this subdivision . . 39
110V Person to be advised of information obtained from
commissioner .......................... 40
32 Amendment of s 111 (Licence and certificate register) . . . . . . . . 40
Page 3
Police Legislation Amendment Bill 2010
Contents
33 Amendment of s 131 (Offences about false or misleading
information or documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
34 Amendment of s 132 (Evidentiary provision) . . . . . . . . . . . . . . . . 40
35 Insertion of new s 133A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
133A Confidentiality. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
36 Insertion of new pt 9, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
Division 7 Provisions for Police Legislation Amendment
Act 2010
156 Definition for pt 9, div 7. . . . . . . . . . . . . . . . . . . . . . . . 42
157 Conduct of disciplinary inquiry started but not dealt
with as at commencement . . . . . . . . . . . . . . . . . . . . . 42
158 Disciplinary inquiry notice not given to licensee as
at commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
159 Disciplinary inquiry notice not given to approved
manager as at commencement . . . . . . . . . . . . . . . . . 43
160 Disqualifications for appointment--particular
members of Authority . . . . . . . . . . . . . . . . . . . . . . . . . 43
161 Extended criminal history checks--particular
members of Authority . . . . . . . . . . . . . . . . . . . . . . . . . 43
162 Extended criminal history checks--executive
director ............................. 43
163 Executive director may obtain extended criminal
history ............................... 44
164 Transitional provision for Police Legislation
Amendment Act 2010. . . . . . . . . . . . . . . . . . . . . . . . . 44
37 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 44
Part 5 Amendment of Prostitution Regulation 2000
38 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
39 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 46
40 Amendment of s 5A (Conditions of licence--annual licence fee
and annual licence return fee--Act, s 19(5)(d)(i)) . . . . . . . . . . . . 46
41 Amendment of s 5B (Conditions of licence--annual
return--Act, s 19(5)(d)(ii)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
42 Amendment of s 6A (Conditions of certificate--approved
manager's annual certificate fee and annual return fee--Act, s
44(4)(d)(i)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
43 Amendment of s 6B (Conditions of certificate--annual
return--Act, s 44(4)(d)(ii)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Page 4
2010
A Bill
for
An Act to amend the Police Powers and Responsibilities Act
2000, Police Service Administration Act 1990, Prostitution Act
1999 and Prostitution Regulation 2000 for particular purposes
Police Legislation Amendment Bill 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Police Legislation Amendment 4
Act 2010. 5
Part 2 Amendment of Police Powers 6
and Responsibilities Act 2000 7
Clause 2 Act amended 8
This part amends the Police Powers and Responsibilities Act 9
2000. 10
Clause 3 Amendment of s 394 (Duty of police officer receiving 11
custody of person arrested for offence) 12
(1) Section 394(2)(ca), `committed, or reasonably suspected by 13
the arresting police officer of having been committed, in the 14
prescribed area'-- 15
omit. 16
(2) Section 394(5)-- 17
omit. 18
(3) Section 394(6), definition associated offence, `(whether 19
committed within or outside the prescribed area)'-- 20
omit. 21
(4) Section 394(6), definition prescribed area-- 22
Page 6
Police Legislation Amendment Bill 2010
Part 3 Amendment of Police Service Administration Act 1990
[s 4]
omit. 1
(5) Section 394(6)-- 2
renumber as section 394(5). 3
Part 3 Amendment of Police Service 4
Administration Act 1990 5
Clause 4 Act amended 6
This part amends the Police Service Administration Act 1990. 7
Clause 5 Amendment of s 10.2AA (Definition for sdiv 2) 8
(1) Section 10.2AA, heading, `Definition'-- 9
omit, insert-- 10
`Definitions'. 11
(2) Section 10.2AA-- 12
insert-- 13
`relevant agency means CrimTrac or the police force or 14
service of another jurisdiction.'. 15
Clause 6 Amendment of s 10.2A (Disclosure of criminal history for 16
employment screening under commercial or other 17
arrangement) 18
(1) Section 10.2A(1)(a)-- 19
omit, insert-- 20
`(a) the disclosure is to be made to a relevant agency; and'. 21
(2) Section 10.2A(1)(b), after `someone else'-- 22
insert-- 23
`(the third party)'. 24
Page 7
Police Legislation Amendment Bill 2010
Part 3 Amendment of Police Service Administration Act 1990
[s 7]
(3) Section 10.2A(3), before `only with'-- 1
insert-- 2
`for disclosure to the third party'. 3
Clause 7 Insertion of new s 10.2BA 4
Before section 10.2B-- 5
insert-- 6
`10.2BA Disclosure of criminal history to assess suitability of 7
records for s 10.2A purposes 8
`(1) For the purpose of enabling disclosure under section 10.2A, 9
the commissioner may disclose a person's criminal history to 10
a relevant agency if-- 11
(a) the criminal history has been given to CrimTrac under 12
section 10.2I; and 13
(b) the disclosure is for the purpose of assessing the 14
suitability of records for release under section 10.2A. 15
`(2) To remove any doubt, it is declared that there is no 16
requirement to comply with section 10.2A(3) before the 17
commissioner can disclose a person's criminal history under 18
subsection (1). 19
`(3) In this section-- 20
criminal history has the meaning given by section 10.2G.'. 21
Clause 8 Amendment of s 10.2C (Misuse of information obtained 22
under ss 10.2A10.2B) 23
(1) Section 10.2C(1), `This section'-- 24
omit, insert-- 25
`Subsection (2)'. 26
(2) Section 10.2C-- 27
insert-- 28
Page 8
Police Legislation Amendment Bill 2010
Part 3 Amendment of Police Service Administration Act 1990
[s 9]
`(3) Subsection (4) applies in relation to a disclosure of 1
information made to a relevant agency under section 10.2BA. 2
`(4) The relevant agency must not use the information for a 3
purpose other than the purpose for which the information is 4
disclosed. 5
Maximum penalty--100 penalty units.'. 6
Clause 9 Amendment of s 10.2E (Relationship to other laws) 7
Section 10.2E-- 8
insert-- 9
`(2) However, subsection (1)(b) does not apply to a disclosure 10
made to a relevant agency under 10.2BA.'. 11
Clause 10 Amendment of s 10.2I (Giving information to an IPSP to 12
enable use of approved information by police services 13
and law enforcement agencies for particular purposes) 14
Section 10.2I-- 15
insert-- 16
`(1A) The commissioner may use information given under this 17
section to the head of an IPSP for a purpose for which the 18
information may be used under an Act whether or not the 19
purpose is the same purpose for which the information was 20
given under this section to the head of the IPSP. 21
`(1B) The head of an IPSP may transfer information from the 22
database mentioned in subsection (1) administered by the 23
head of the IPSP to another database administered by the head 24
of the IPSP for a purpose permitted under an Act.'. 25
Page 9
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 11]
Part 4 Amendment of Prostitution Act 1
1999 2
Clause 11 Act amended 3
This part amends the Prostitution Act 1999. 4
Clause 12 Amendment of s 19 (The licence) 5
Section 19(4), `granted for a'-- 6
omit, insert-- 7
`for the'. 8
Clause 13 Insertion of new ss 24A and 24B 9
After section 24-- 10
insert-- 11
`24A Payment of fee by payment plan 12
`(1) This section applies if, due to financial hardship caused by 13
exceptional circumstances, a licensee is unable to pay the 14
annual licence fee or the annual licence return fee for the 15
licensee's licence by the prescribed day. 16
`(2) Despite section 19(5)(d)(i), a licensee may apply to the 17
Authority to pay the annual licence fee or the annual licence 18
return fee under a payment plan decided by the Authority. 19
`(3) An application under subsection (2) must be in the approved 20
form. 21
`(4) The Authority may enter into a payment plan with the licensee 22
if the Authority is satisfied that, having regard to financial 23
hardship caused by exceptional circumstances, the licensee is 24
unable to pay the annual licence fee or the annual licence 25
return fee for the licensee's licence by the prescribed day. 26
`(5) If the licensee pays the annual licence fee or the annual 27
licence return fee under the payment plan, the licensee is 28
Page 10
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 14]
taken to have paid the annual licence fee or the annual licence 1
return fee by the prescribed day. 2
`(6) In this section-- 3
exceptional circumstances means unforeseen circumstances 4
that adversely affect the premises stated in the licensee's 5
licence as the premises where the licensee is authorised to 6
operate a brothel. 7
Example of unforeseen circumstances-- 8
natural disaster or fire 9
`24B Automatic suspension of licence 10
`(1) This section applies if a licensee-- 11
(a) has failed to pay the annual licence fee or the annual 12
licence return fee for the licence by the prescribed day; 13
and 14
(b) has not entered into a payment plan decided by the 15
Authority under section 24A. 16
`(2) The licensee's licence is automatically suspended for 28 days 17
(the suspension period) starting the day after the prescribed 18
day. 19
`(3) The suspension of the licence ends if-- 20
(a) the annual licence fee or the annual licence return fee 21
for the licence is paid during the suspension period; or 22
(b) the licensee enters into a payment plan decided by the 23
Authority under section 24A.'. 24
Clause 14 Amendment of s 25 (Automatic cancellation of licence) 25
Section 25-- 26
insert-- 27
`(c) fails to pay the annual licence fee or the annual licence 28
return fee for the licensee's licence during the 29
suspension period for the licence; or 30
Page 11
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 15]
(d) if the licensee has entered into a payment plan decided 1
by the Authority under section 24A--fails to pay the 2
annual licence fee or the annual licence return fee for 3
the licence under the payment plan.'. 4
Clause 15 Insertion of new ss 27A and 27B 5
After section 27-- 6
insert-- 7
`27A Authority may conduct disciplinary inquiry by 8
hearing or on correspondence 9
`The Authority may conduct a disciplinary inquiry by hearing 10
or on correspondence. 11
`27B Disciplinary inquiry notice 12
`(1) If the Authority decides to conduct a disciplinary inquiry, it 13
must give notice of its intention to conduct the inquiry (a 14
disciplinary inquiry notice) to-- 15
(a) the licensee; and 16
(b) any person who makes an application under section 17
26(2). 18
`(2) A disciplinary inquiry notice must-- 19
(a) be in the approved form; and 20
(b) state all of the following-- 21
(i) the ground for the disciplinary action against the 22
licensee; 23
(ii) the facts and circumstances forming the basis for 24
the ground; 25
(iii) whether the Authority will be conducting the 26
inquiry by hearing or on correspondence; 27
(iv) if the Authority will be conducting the inquiry by 28
hearing--the date of the hearing; 29
Page 12
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 16]
(v) if the Authority will be conducting the inquiry on 1
correspondence that-- 2
(A) the licensee may give the Authority a written 3
submission about the ground; and 4
(B) the submission must be made within the 5
stated period for making a submission; 6
(vi) that if the licensee fails to attend on the date of the 7
hearing stated in the notice, or does not make a 8
submission in accordance with subparagraph (v), 9
the Authority may-- 10
(A) continue the inquiry; and 11
(B) make a decision about whether the ground 12
for disciplinary action is established. 13
`(3) For subsection (2)(b)(v)(B), the stated period for making a 14
submission must be at least 30 days from the day the notice is 15
given to the licensee unless-- 16
(a) the Authority is satisfied-- 17
(i) urgent circumstances exist for the submission to be 18
made within that time; and 19
(ii) it is reasonable in the circumstances; or 20
(b) any person who made an application under section 26(2) 21
applies to the Authority for the submission to be made 22
within that time and the Authority is satisfied it is 23
reasonable in the circumstances.'. 24
Clause 16 Replacement of s 28 (Starting disciplinary action) 25
Section 28-- 26
omit, insert-- 27
`28 Starting disciplinary inquiry 28
`(1) If the Authority decides to conduct a disciplinary inquiry in 29
relation to a licensee by hearing, the Authority must not start 30
the inquiry before the date of the hearing stated in the 31
Page 13
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 16]
disciplinary inquiry notice given under section 27B for the 1
inquiry. 2
`(2) The date of the hearing must be at least 30 days from the day 3
the notice is given to the licensee unless-- 4
(a) the Authority is satisfied-- 5
(i) urgent circumstances exist for the inquiry to be 6
started within that time; and 7
(ii) it is reasonable in the circumstances; or 8
(b) any person who made an application under section 26(2) 9
applies to the Authority for the inquiry to be started 10
within that time and the Authority is satisfied it is 11
reasonable in the circumstances. 12
`(3) Subsection (4) applies if-- 13
(a) a licensee is given a disciplinary inquiry notice under 14
section 27B for a disciplinary inquiry in relation to the 15
licensee; and 16
(b) the licensee applies in the approved form to the 17
Authority for the inquiry to be started before the date 18
stated in the notice as the date of the hearing of the 19
inquiry. 20
`(4) The Authority may start the inquiry before the date stated in 21
the notice as the date of the hearing of the inquiry if the 22
Authority-- 23
(a) is satisfied that it is reasonable in the circumstances; and 24
(a) gives notice of the date of the hearing decided by the 25
Authority under this subsection to-- 26
(i) the licensee; and 27
(ii) any person who made an application under section 28
26(2). 29
`28A Procedure for disciplinary inquiry by hearing 30
`(1) If the Authority decides to conduct a disciplinary inquiry by 31
hearing, the hearing must be closed to the public. 32
Page 14
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 16]
`(2) The Authority must decide the matter in the way it considers 1
appropriate, but must-- 2
(a) observe natural justice; and 3
(b) act as quickly, and with as little formality and 4
technicality, as is consistent with a fair and proper 5
consideration of the issues. 6
`(3) The Authority-- 7
(a) is not bound by the rules of evidence; and 8
(b) may inform itself in the way, and to the extent, the 9
Authority considers appropriate; and 10
(c) may decide the procedures to be followed for the 11
proceedings; and 12
(d) may receive evidence on oath or by statutory 13
declaration. 14
`(4) The chairperson of the Authority, or a member of the 15
Authority permitted by the chairperson, may administer an 16
oath to a person appearing before the Authority. 17
`28B Power of Authority to continue disciplinary inquiry in 18
particular circumstances 19
`(1) This section applies if a licensee does not-- 20
(a) if the licensee is given a notice under section 27B stating 21
the Authority will be conducting a disciplinary inquiry 22
in relation to the licensee by hearing--attend the hearing 23
on the date of the hearing stated in the notice; or 24
(b) if the licensee is given a notice under section 27B stating 25
the Authority will be conducting a disciplinary inquiry 26
in relation to the licensee on correspondence--make a 27
submission in accordance with the requirements stated 28
in the notice under section 27B(2)(b)(v); or 29
(c) if the licensee is given a notice under section 28D--give 30
the information required by the notice. 31
`(2) The Authority may-- 32
Page 15
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 16]
(a) continue the disciplinary inquiry; and 1
(b) make a decision about whether the ground for 2
disciplinary action is established. 3
`28C Failure to take oath or answer question 4
`(1) At a hearing of a disciplinary inquiry in relation to a licensee, 5
the licensee must not-- 6
(a) fail to take an oath or make an affirmation when 7
required by the Authority; or 8
(b) fail, without reasonable excuse, to answer a question the 9
the Authority requires the licensee to answer. 10
Maximum penalty--60 penalty units. 11
`(2) For subsection (1)(b), it is a reasonable excuse for a licensee 12
to fail to answer a question, if answering the question might 13
tend to incriminate the licensee. 14
`28D Authority may require information relevant to 15
disciplinary inquiry 16
`(1) For conducting a disciplinary inquiry, the Authority may, by 17
notice given to the licensee or another person, require the 18
licensee or person to give the Authority information, 19
including a document, relevant to the inquiry. 20
`(2) If a document is given to the Authority under subsection (1), 21
the Authority may make a copy of, or take an extract from, it. 22
`(3) A person given a notice under subsection (1) must not fail, 23
without a reasonable excuse, to give the Authority the 24
information the person is required to give by the notice. 25
Maximum penalty--60 penalty units. 26
`(4) For subsection (3), it is a reasonable excuse for an individual 27
to fail to give information, if giving the information might 28
tend to incriminate the individual. 29
Page 16
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 16]
`28E Attendance notice 1
`(1) The Authority may, by notice given to a relevant person (an 2
attendance notice), require the person-- 3
(a) to attend a hearing at a stated time and place to give 4
evidence; or 5
(b) to produce stated documents or other things at a hearing. 6
`(2) For subsection (1), the Authority may act on its own initiative 7
or on the application, in the approved form, of a licensee. 8
`(3) If a document is given to the Authority under subsection (1), 9
the Authority may make a copy of, or take an extract from, it. 10
`(4) A person given an attendance notice must not fail, without 11
reasonable excuse-- 12
(a) to attend as required by the notice; or 13
(b) to continue to attend as required by the Authority until 14
excused from further attendance. 15
Maximum penalty--60 penalty units. 16
`(5) Also, at a hearing, a person appearing as a witness must not-- 17
(a) fail to take an oath or make an affirmation when 18
required by the Authority; or 19
(b) fail, without reasonable excuse, to answer a question the 20
the Authority requires the person to answer; or 21
(c) fail, without reasonable excuse, to produce a document 22
or other thing the person is required to produce by an 23
attendance notice. 24
Maximum penalty--60 penalty units. 25
`(6) It is a reasonable excuse for an individual to fail to answer a 26
question or to produce a document or other thing, if answering 27
the question or producing the document or thing might tend to 28
incriminate the individual. 29
`(7) In this section-- 30
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[s 17]
relevant person means a person the Authority considers has 1
information relevant to the disciplinary inquiry conducted 2
about a licensee. 3
`28F Substituted service on licensee or relevant person 4
`(1) If the Authority is satisfied service of a notice given to a 5
licensee under section 27B or relevant person under section 6
28E can not be effected on the licensee or relevant person 7
under the provision, the Authority may order substituted 8
service of the notice. 9
`(2) Substituted service may be effected in any way ordered, 10
including, for example, by facsimile or telephone. 11
`(3) If the licensee or relevant person is served with a notice as 12
ordered by the Authority under subsection (1), the notice is 13
taken to have been given to the licensee under section 27B or 14
relevant person under section 28E.'. 15
Clause 17 Insertion of new ss 50A and 50B 16
After section 50-- 17
insert-- 18
`50A Payment of fee by payment plan 19
`(1) This section applies if, due to financial hardship caused by 20
exceptional circumstances, an approved manager is unable to 21
pay the annual certificate fee or the annual return fee for the 22
approved manager's certificate by the prescribed day. 23
`(2) Despite section 44(4)(d)(i), the approved manager may apply 24
to the Authority to pay the annual certificate fee or the annual 25
return fee under a payment plan decided by the Authority. 26
`(3) An application under subsection (2) must be in the approved 27
form. 28
`(4) The Authority may enter into a payment plan with the 29
approved manager if the Authority is satisfied that, having 30
regard to financial hardship caused by exceptional 31
circumstances, the approved manager is unable to pay the 32
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[s 18]
annual certificate fee or the annual return fee for the approved 1
manager's certificate by the prescribed day. 2
`(5) If the approved manager pays the annual certificate fee or the 3
annual return fee under the payment plan, the approved 4
manager is taken to have paid the annual certificate fee or the 5
annual return fee by the prescribed day. 6
`(6) In this section-- 7
exceptional circumstances means unforeseen circumstances 8
that adversely affect premises stated in the approved 9
manager's certificate as premises of a licensed brothel for the 10
approved manager. 11
Example of unforeseen circumstances-- 12
natural disaster or fire 13
`50B Automatic suspension of certificate 14
`(1) This section applies if an approved manager-- 15
(a) has failed to pay the annual certificate fee or the annual 16
return fee for the certificate by the prescribed day; and 17
(b) has not entered into a payment plan decided by the 18
Authority under section 50A. 19
`(2) The approved manager's certificate is automatically 20
suspended for 28 days (the suspension period) starting the 21
day after the prescribed day. 22
`(3) The suspension of the certificate ends if-- 23
(a) the annual certificate fee or the annual return fee for the 24
certificate is paid during the suspension period; or 25
(b) the approved manager enters into a payment plan 26
decided by the Authority under section 50A.'. 27
Clause 18 Amendment of s 51 (Automatic cancellation of certificate) 28
Section 51-- 29
insert-- 30
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[s 19]
`(c) fails to pay the annual certificate fee or the annual return 1
fee for the certificate during the suspension period for 2
the certificate; or 3
(d) if the approved manager has entered into a payment plan 4
decided by the Authority under section 50A--fails to 5
pay the annual certificate fee or the annual return fee for 6
the certificate under the payment plan.'. 7
Clause 19 Insertion of new ss 53A and 53B 8
After section 53-- 9
insert-- 10
`53A Authority may conduct disciplinary inquiry by 11
hearing or on correspondence 12
`The Authority may conduct a disciplinary inquiry by hearing 13
or on correspondence. 14
`53B Disciplinary inquiry notice 15
`(1) If the Authority decides to conduct a disciplinary inquiry, it 16
must give notice of its intention to conduct the inquiry (a 17
disciplinary inquiry notice)-- 18
(a) to the approved manager; and 19
(b) any person who makes an application under section 20
52(2). 21
`(2) A disciplinary inquiry must-- 22
(a) be in the approved form; and 23
(b) state all of the following-- 24
(i) the ground for the disciplinary action against the 25
approved manager; 26
(ii) the facts and circumstances forming the basis for 27
the ground; 28
(iii) whether the Authority will be conducting the 29
inquiry by hearing or on correspondence; 30
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[s 20]
(iv) if the Authority will be conducting the inquiry by 1
hearing--the date of the hearing; 2
(v) if the Authority will be conducting the inquiry on 3
correspondence, that-- 4
(A) the approved manager may give the 5
Authority a written submission about the 6
ground; and 7
(B) the submission must be made within the 8
stated period for making a submission; 9
(vi) that if the approved manager fails to attend on the 10
date of the hearing stated in the notice, or does not 11
make a submission in accordance with 12
subparagraph (v), the Authority may-- 13
(A) continue the inquiry; and 14
(B) make a decision about whether the ground 15
for disciplinary action is established. 16
`(3) For subsection (2)(b)(v)(B), the stated period for making a 17
submission must be at least 30 days from the day the notice is 18
given to the approved manager unless-- 19
(a) the Authority is satisfied-- 20
(i) urgent circumstances exist for the submission to be 21
made within that time; and 22
(ii) it is reasonable in the circumstances; or 23
(b) any person who made an application under section 52(2) 24
applies to the Authority for the submission to be made 25
within that time and the Authority is satisfied it is 26
reasonable in the circumstances.'. 27
Clause 20 Replacement of s 54 (Starting disciplinary action) 28
Section 54-- 29
omit, insert-- 30
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[s 20]
`54 Starting disciplinary inquiry 1
`(1) If the Authority decides to conduct a disciplinary inquiry in 2
relation to an approved manager by hearing, the Authority 3
must not start the inquiry before the date of the hearing stated 4
in the disciplinary inquiry notice given under section 53B for 5
the inquiry. 6
`(2) The date of the hearing must be at least 30 days from the day 7
the notice is given to the approved manager unless-- 8
(a) the Authority is satisfied-- 9
(i) urgent circumstances exist for the inquiry to be 10
started within that time; and 11
(ii) it is reasonable in the circumstances; or 12
(b) any person who made an application under section 52(2) 13
applies to the Authority for the inquiry to be started 14
within that time and the Authority is satisfied it is 15
reasonable in the circumstances. 16
`(3) Subsection (4) applies if-- 17
(a) an approved manager is given a disciplinary inquiry 18
notice under section 53B for a disciplinary inquiry in 19
relation to the approved manager; and 20
(b) the approved manager applies in the approved form to 21
the Authority for the inquiry to be started before the date 22
stated in the notice as the date of the hearing of the 23
inquiry. 24
`(4) The Authority may start the inquiry before the date stated in 25
the notice as the date of the hearing of the inquiry if the 26
Authority-- 27
(a) is satisfied that it is reasonable in the circumstances; and 28
(b) gives notice of the date of the hearing decided by the 29
Authority under this subsection to-- 30
(i) the approved manager; and 31
(ii) any person who made an application under section 32
52(2). 33
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[s 20]
`54A Procedure for disciplinary inquiry by hearing 1
`(1) If the Authority decides to conduct a disciplinary inquiry by 2
hearing, the hearing must be closed to the public. 3
`(2) The Authority must decide the matter in the way it considers 4
appropriate, but must-- 5
(a) observe natural justice; and 6
(b) act as quickly, and with as little formality and 7
technicality, as is consistent with a fair and proper 8
consideration of the issues. 9
`(3) The Authority-- 10
(a) is not bound by the rules of evidence; and 11
(b) may inform itself in the way, and to the extent, the 12
Authority considers appropriate; and 13
(c) may decide the procedures to be followed for the 14
proceedings; and 15
(d) may receive evidence on oath or by statutory 16
declaration. 17
`(4) The chairperson of the Authority, or a member of the 18
Authority permitted by the chairperson, may administer an 19
oath to a person appearing before the Authority. 20
`54B Power of Authority to continue disciplinary inquiry in 21
particular circumstances 22
`(1) This section applies if an approved manager does not-- 23
(a) if the approved manager is given a notice under section 24
53B stating the Authority will be conducting a 25
disciplinary inquiry in relation to the approved manager 26
by hearing--attend the hearing on the date of the 27
hearing stated in the notice; or 28
(b) if the approved manager is given a notice under section 29
53B stating the Authority will be conducting a 30
disciplinary inquiry in relation to the approved manager 31
on correspondence--make a submission in accordance 32
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[s 20]
with the requirements stated in the notice under section 1
53B(2)(b)(v); or 2
(c) if the approved manager is given a notice under section 3
54D--give the information required by the notice. 4
`(2) The Authority may-- 5
(a) continue the disciplinary inquiry; and 6
(b) make a decision about whether the ground for 7
disciplinary action is established. 8
`54C Failure to take oath or answer question 9
`(1) At a hearing of a disciplinary inquiry in relation to an 10
approved manager, the approved manager must not-- 11
(a) fail to take an oath or make an affirmation when 12
required by the Authority; or 13
(b) fail, without reasonable excuse, to answer a question the 14
the Authority requires the approved manager to answer. 15
Maximum penalty--60 penalty units. 16
`(2) For subsection (1)(b), it is a reasonable excuse for an 17
approved manager to fail to answer a question, if answering 18
the question might tend to incriminate the approved manager. 19
`54D Authority may require information relevant to 20
disciplinary inquiry 21
`(1) For conducting a disciplinary inquiry, the Authority may, by 22
notice given to the approved manager or another person, 23
require the approved manager or other person to give the 24
Authority information, including a document, relevant to the 25
inquiry. 26
`(2) If a document is given to the Authority under subsection (1), 27
the Authority may make a copy of, or take an extract from, it. 28
`(3) A person given a notice under subsection (1) must not fail, 29
without a reasonable excuse, to give the Authority the 30
information the person is required to give by the notice. 31
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[s 20]
Maximum penalty--60 penalty units. 1
`(4) For subsection (3), it is a reasonable excuse for an individual 2
to fail to give information, if giving the information might 3
tend to incriminate the individual. 4
`54E Attendance notice 5
`(1) The Authority may, by notice given to a relevant person (an 6
attendance notice), require the person-- 7
(a) to attend a hearing at a stated time and place to give 8
evidence; or 9
(b) to produce stated documents or other things at a hearing. 10
`(2) For subsection (1), the Authority may act on its own initiative 11
or on the application, in the approved form, of an approved 12
manager. 13
`(3) If a document is given to the Authority under subsection (1), 14
the Authority may make a copy of, or take an extract from, it. 15
`(4) A person given an attendance notice must not fail, without 16
reasonable excuse-- 17
(a) to attend as required by the notice; or 18
(b) to continue to attend as required by the Authority until 19
excused from further attendance. 20
Maximum penalty--60 penalty units. 21
`(5) Also, at a hearing, a person appearing as a witness must not-- 22
(a) fail to take an oath or make an affirmation when 23
required by the Authority; or 24
(b) fail, without reasonable excuse, to answer a question the 25
the Authority requires the person to answer; or 26
(c) fail, without reasonable excuse, to produce a document 27
or other thing the person is required to produce by an 28
attendance notice. 29
Maximum penalty--60 penalty units. 30
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[s 21]
`(6) It is a reasonable excuse for an individual to fail to answer a 1
question or to produce a document or other thing, if answering 2
the question or producing the document or thing might tend to 3
incriminate the individual. 4
`(7) In this section-- 5
relevant person means a person the Authority considers has 6
information relevant to the disciplinary inquiry conducted 7
about an approved manager. 8
`54F Substituted service on approved manager or 9
relevant person 10
`(1) If the Authority is satisfied service of a notice given to an 11
approved manager under section 53B or relevant person under 12
section 54E can not be effected on the approved manager or 13
relevant person under the provision, the Authority may order 14
substituted service of the notice. 15
`(2) Substituted service may be effected in any way ordered, 16
including, for example, by facsimile or telephone. 17
`(3) If the approved manager or relevant person is served with a 18
notice as ordered by the Authority under subsection (1), the 19
notice is taken to have been given to the approved manager 20
under section 53B or relevant person under section 54E.'. 21
Clause 21 Insertion of new pt 7, div 1, hdg 22
Before section 100-- 23
insert-- 24
`Division 1 Establishment'. 25
Clause 22 Insertion of new pt 7, div 2 and sdiv 1, hdgs 26
After section 101-- 27
insert-- 28
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[s 23]
`Division 2 Membership 1
`Subdivision 1 Appointment'. 2
Clause 23 Amendment of s 102 (Membership) 3
Section 102(2), after `Governor in Council'-- 4
insert-- 5
`on the recommendation of the Minister'. 6
Clause 24 Replacement of s 105 (Disqualifications for appointment) 7
Section 105-- 8
omit, insert-- 9
`105 Disqualifications for appointment 10
`A person is not qualified to be recommended for appointment 11
or continue as a member of the Authority if-- 12
(a) the person-- 13
(i) is an insolvent under administration; or 14
(ii) is convicted of-- 15
(A) an offence against this Act or a 16
corresponding law; or 17
(B) an indictable offence; or 18
(iii) becomes incapable of discharging the duties of a 19
member because of physical or mental incapacity; 20
or 21
(iv) has an interest in a brothel; or 22
(b) the Minister, having regard to information about the 23
person under subdivision 2, decides the person should 24
not continue or be recommended for appointment as a 25
member of the Authority.'. 26
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Police Legislation Amendment Bill 2010
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[s 25]
Clause 25 Insertion of new pt 7, div 2, sdiv 2, and div 3, hdg 1
After section 108-- 2
insert-- 3
`Subdivision 2 Assessing suitability for 4
appointment 5
`108AA Subdivision does not apply to exempt member 6
`This subdivision does not apply to an exempt member. 7
`108AB Extended criminal history checks 8
`(1) This section applies in relation to the following persons-- 9
(a) a member of the Authority; 10
(b) a person who is being considered for appointment as a 11
member of the Authority (a prospective member). 12
`(2) The Minister may ask the commissioner for a written report 13
about the person's extended criminal history. 14
`(3) However, if the request relates to a prospective member, the 15
Minister may make the request only if the person has given 16
the Minister written consent for the request. 17
`(4) The commissioner must comply with the request. 18
`(5) However, subsection (4) applies only to information in the 19
commissioner's possession or to which the commissioner has 20
access. 21
`(6) Before using information obtained under subsection (2) to 22
decide whether a person should continue or be recommended 23
for appointment as member of the Authority, the Minister 24
must-- 25
(a) disclose the information to the person; and 26
(b) allow the person a reasonable opportunity to make 27
representations to the Minister about the information. 28
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[s 25]
`(7) The Minister must ensure a report given under this section is 1
destroyed as soon as practicable after it is no longer needed 2
for the purpose for which it was requested. 3
`(8) The Criminal Law (Rehabilitation of Offenders) Act 1986 4
does not apply to the asking for, or giving of, the information 5
mentioned in subsection (2). 6
`(9) To remove any doubt, it is declared that, despite the Youth 7
Justice Act 1992, part 9, the commissioner may disclose 8
information to which that part applies to the Minister for 9
complying with a request under subsection (2). 10
`108AC Disclosure of changes in extended criminal history 11
`(1) If there is a change in the extended criminal history of a 12
member of the Authority, the member must, unless the 13
member has a reasonable excuse, immediately disclose the 14
change to the Minister. 15
Maximum penalty--100 penalty units or 2 years 16
imprisonment. 17
`(2) For a member of the Authority who does not have an extended 18
criminal history, there is taken to be a change in the member's 19
extended criminal history if the member acquires an extended 20
criminal history. 21
`(3) To comply with subsection (1), the information disclosed by 22
the member of the Authority about a conviction for an offence 23
or charge in the member's extended criminal history must 24
include the following-- 25
(a) the existence of the conviction or charge; 26
(b) when the offence was committed or alleged to have been 27
committed; 28
(c) details adequate to identify the offence or alleged 29
offence; 30
(d) for a conviction-- 31
(i) whether or not a conviction was recorded; and 32
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[s 25]
(ii) the sentence imposed on the member. 1
`(4) The Criminal Law (Rehabilitation of Offenders) Act 1986 2
does not apply to the disclosure of information under this 3
section. 4
`108AD Disclosure must not be false, misleading or 5
incomplete 6
`(1) The disclosure under section 108C(1) must be in the approved 7
form. 8
`(2) A member of the Authority must not give the Minister an 9
approved form under subsection (1) that is false, misleading 10
or incomplete in a material particular. 11
Maximum penalty--100 penalty units or 2 years 12
imprisonment. 13
`(3) Subsection (2) does not apply to a member of the Authority in 14
relation to particular information that the member is unable to 15
provide if the member-- 16
(a) indicates in the approved form the information that the 17
member is unable to provide; and 18
(b) otherwise gives the information in the approved form to 19
the best of the member's ability. 20
`108AE Use of information obtained under this subdivision 21
`(1) The information about a person received under this 22
subdivision must not be used for any purpose other than for 23
making a decision about whether the person should continue 24
or be recommended for appointment as a member of the 25
Authority. 26
`(2) When making the decision mentioned in subsection (1), the 27
Minister must have regard to the following matters relating to 28
information about the commission, or alleged or possible 29
commission, of an offence by the person-- 30
(a) when the offence was committed, is alleged to have 31
been committed or may possibly have been committed; 32
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[s 26]
(b) the nature of the offence and its relevance to the person's 1
appointment as a member of the Authority; 2
(c) anything else the Minister considers relevant to whether 3
the person should continue or be recommended for 4
appointment as a member of the Authority. 5
`Division 3 Status'. 6
Clause 26 Renumbering of ss 108AA108D 7
Sections 108AA to 108D-- 8
renumber as sections 108A to 108I. 9
Clause 27 Insertion of new pt 7A, div 2, sdiv 1, hdg 10
Before section 110B-- 11
insert-- 12
`Subdivision 1 Appointment'. 13
Clause 28 Amendment of s 110B (Appointment of executive 14
director) 15
Section 110B(2), after `Governor in Council'-- 16
insert-- 17
`on the recommendation of the Minister'. 18
Clause 29 Insertion of new pt 7A, div 2, sdiv 2 19
After section 110K-- 20
insert-- 21
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Police Legislation Amendment Bill 2010
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[s 29]
`Subdivision 2 Assessing suitability for 1
appointment 2
`110KA Extended criminal history checks 3
`(1) This section applies in relation to the following persons-- 4
(a) the executive director; 5
(b) a person who is being considered for appointment as the 6
executive director (a prospective executive director). 7
`(2) The Minister may ask the commissioner for a written report 8
about the person's extended criminal history. 9
`(3) However, if the request relates to a prospective executive 10
director, the Minister may make the request only if the 11
prospective executive director has given the Minister written 12
consent for the request. 13
`(4) The commissioner must comply with the request. 14
`(5) However, subsection (4) applies only to information in the 15
commissioner's possession or to which the commissioner has 16
access. 17
`(6) Before using information obtained under subsection (2) to 18
decide whether a person should continue or be recommended 19
for appointment as the executive director, the Minister must-- 20
(a) disclose the information to the person; and 21
(b) allow the person a reasonable opportunity to make 22
representations to the Minister about the information. 23
`(7) The Minister must ensure a report given under this section is 24
destroyed as soon as practicable after it is no longer needed 25
for the purpose for which it was requested. 26
`(8) The Criminal Law (Rehabilitation of Offenders) Act 1986 27
does not apply to the asking for, or giving of, the information 28
mentioned in subsection (2). 29
`(9) To remove any doubt, it is declared that, despite the Youth 30
Justice Act 1992, part 9, the commissioner may disclose 31
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[s 29]
information to which that part applies to the Minister for 1
complying with a request under subsection (2). 2
`110KB Disclosure of changes in extended criminal history 3
`(1) If there is a change in the extended criminal history of the 4
executive director, the executive director must, unless the 5
executive director has a reasonable excuse, immediately 6
disclose the change to the Minister. 7
Maximum penalty--100 penalty units or 2 years 8
imprisonment. 9
`(2) For the executive director who does not have an extended 10
criminal history, there is taken to be a change in the executive 11
director's extended criminal history if the executive director 12
acquires an extended criminal history. 13
`(3) To comply with subsection (1), the information disclosed by 14
the executive director about a conviction for an offence or 15
charge in the executive director's extended criminal history 16
must include the following-- 17
(a) the existence of the conviction or charge; 18
(b) when the offence was committed or alleged to have been 19
committed; 20
(c) details adequate to identify the offence or alleged 21
offence; 22
(d) for a conviction-- 23
(i) whether or not a conviction was recorded; and 24
(ii) the sentence imposed on the executive director. 25
`(4) The Criminal Law (Rehabilitation of Offenders) Act 1986 26
does not apply to the disclosure of information under this 27
section. 28
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[s 29]
`110KC Disclosure must not be false, misleading or 1
incomplete 2
`(1) The disclosure under section 110KB(1) must be in the 3
approved form. 4
`(2) The executive director must not give the Minister an approved 5
form under subsection (1) that is false, misleading or 6
incomplete in a material particular. 7
Maximum penalty--100 penalty units or 2 years 8
imprisonment. 9
`(3) Subsection (2) does not apply to the executive director in 10
relation to particular information that the executive director is 11
unable to provide if the executive director-- 12
(a) indicates in the approved form the information that the 13
executive director is unable to provide; and 14
(b) otherwise gives the information in the approved form to 15
the best of the executive director's ability. 16
`110KD Use of information obtained under this subdivision 17
`(1) The information about a person received under this 18
subdivision must not be used for any purpose other than for 19
deciding whether the person should continue or be 20
recommended for appointment as the executive director. 21
`(2) When making the decision mentioned in subsection (1), the 22
Minister must have regard to the following matters relating to 23
information about the commission, or alleged or possible 24
commission, of an offence by the person-- 25
(a) when the offence was committed, is alleged to have 26
been committed or may possibly have been committed; 27
(b) the nature of the offence and its relevance to the person's 28
appointment as the executive director; 29
(c) anything else the Minister considers relevant to whether 30
the person should continue or be recommended for 31
appointment as the executive director.'. 32
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Police Legislation Amendment Bill 2010
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[s 30]
Clause 30 Insertion of new pt 7A, div 3, sdiv 1, hdg 1
After part 7A, division 3, heading-- 2
insert-- 3
`Subdivision 1 Employment'. 4
Clause 31 Insertion of new pt 7A, div 3, sdiv 2 5
After section 110L-- 6
insert-- 7
`Subdivision 2 Assessing suitability to be engaged 8
as staff member 9
`110M Application of sdiv 2 10
`(1) This subdivision applies to duties to be performed in the office 11
if, under a part 6 directive, the executive director decides that, 12
because of the nature of the particular duties (relevant duties), 13
it may be necessary to have regard to the extended criminal 14
history of anyone engaged to perform the relevant duties to 15
ensure the person so engaged is suitable to perform them. 16
`(2) To remove any doubt, the Public Service Act 2008, chapter 5, 17
part 6 applies only to the extent a part 6 directive may be made 18
for that part under that Act. 19
Note-- 20
Under the Public Service Act 2008, section 194, an appeal may be made 21
to the chief executive of the Public Service Commission against a 22
decision to take, or not take, action under a directive. 23
`110N Executive director may obtain extended criminal 24
history 25
`(1) If the executive director proposes to engage a person as a staff 26
member (a prospective staff member), the executive director 27
may, under a part 6 directive, ask the prospective staff member 28
for written consent for the executive director to obtain the 29
prospective staff member's extended criminal history. 30
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[s 31]
`(2) Subsection (1) applies even if the prospective staff member is 1
a public service employee at the time the executive director 2
proposes to engage the prospective staff member as a staff 3
member. 4
`110O Failure to consent to obtaining extended criminal 5
history 6
`If a prospective staff member does not consent, or withdraws 7
his or her consent, to the executive director obtaining the 8
prospective staff member's extended criminal history, the 9
executive director is not required to consider the prospective 10
staff member for engagement with the office. 11
`110P Obtaining extended criminal history with consent 12
`(1) If a prospective staff member gives written consent to the 13
executive director obtaining the prospective staff member's 14
extended criminal history, the executive director may ask the 15
commissioner for a written report about the prospective staff 16
member's extended criminal history. 17
`(2) The request may include the following-- 18
(a) the prospective staff member's name and any other 19
name the executive director believes the prospective 20
staff member may use or may have used; 21
(b) the prospective staff member's date and place of birth, 22
gender and address. 23
`(3) Subject to subsection (4), the commissioner must comply with 24
the request. 25
`(4) The duty imposed on the commissioner to comply with the 26
request applies only to information in the commissioner's 27
possession or to which the commissioner has access. 28
`(5) The executive director must destroy a report given to the 29
executive director under this section as soon as practicable 30
after it is no longer needed for the purpose for which it was 31
requested. 32
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[s 31]
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 1
does not apply to the asking for, or giving of, the information 2
mentioned in subsection (1). 3
`(7) To remove any doubt, it is declared that, despite the Youth 4
Justice Act 1992, part 9, the commissioner may disclose 5
information to which that part applies to the executive director 6
for complying with a request under subsection (1). 7
`110Q Assessment of suitability using extended criminal 8
history 9
`After the prospective staff member's extended criminal 10
history is given to the executive director, the executive 11
director must consider the prospective staff member's 12
extended criminal history in making an assessment about the 13
prospective staff member's suitability for engagement as a 14
staff member. 15
`110R Staff member to disclose change in extended 16
criminal history 17
`(1) This section applies if there is a change in the extended 18
criminal history of a staff member. 19
`(2) The staff member must immediately disclose the details of the 20
change to the executive director. 21
`(3) The disclosure under subsection (2) must be in the approved 22
form. 23
`(4) Information disclosed in the approved form by the staff 24
member about a conviction or charge for an offence in the 25
staff member's extended criminal history must include-- 26
(a) the existence of the conviction or charge; and 27
(b) when the offence was committed or alleged to have been 28
committed; and 29
(c) the details of the offence or alleged offence; and 30
(d) for a conviction--whether or not a conviction was 31
recorded and the sentence imposed on the staff member. 32
Page 37
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 31]
`(5) For a staff member who does not have an extended criminal 1
history, there is taken to be a change in the staff member's 2
extended criminal history if the staff member acquires an 3
extended criminal history. 4
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 5
does not apply to the disclosure of information under this 6
section. 7
`110S Failing to make disclosure or making false, 8
misleading or incomplete disclosure 9
`(1) A staff member must not-- 10
(a) fail to give the executive director a disclosure as 11
required under section 110R, unless the staff member 12
has a reasonable excuse; or 13
(b) give the executive director an approved form under 14
section 110R that is false, misleading or incomplete in a 15
material particular. 16
Maximum penalty--100 penalty units or 2 years 17
imprisonment. 18
`(2) Subsection (1)(b) does not apply to a staff member in relation 19
to particular information that the staff member is unable to 20
provide if the staff member-- 21
(a) indicates in the approved form the information that the 22
staff member is unable to provide; and 23
(b) otherwise gives the information in the approved form to 24
the best of the staff member's ability. 25
`110T Executive director may obtain report from 26
commissioner 27
`(1) This section applies to a staff member. 28
`(2) The executive director may ask the commissioner for a 29
written report about the staff member's extended criminal 30
history. 31
Page 38
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 31]
`(3) Subject to subsection (4), the commissioner must comply with 1
the request. 2
`(4) The duty imposed on the commissioner to comply with the 3
request applies only to information in the commissioner's 4
possession or to which the commissioner has access. 5
`(5) The executive director must destroy a report given to the 6
executive director under this section as soon as practicable 7
after it is no longer needed for the purpose for which it was 8
requested. 9
`(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 10
does not apply to the asking for, or giving of, the information 11
mentioned in subsection (2). 12
`(7) To remove any doubt, it is declared that, despite the Youth 13
Justice Act 1992, part 9, the commissioner may disclose 14
information to which that part applies to the executive director 15
for complying with a request under subsection (2). 16
`110U Use of information obtained under this subdivision 17
`(1) This section applies to the executive director in considering 18
information about a person received under this subdivision. 19
`(2) The information must not be used for any purpose other than 20
assessing the person's suitability to be or continue to be 21
engaged as a staff member. 22
`(3) When making the assessment, the executive director must 23
have regard to the following matters relating to information 24
about the commission, or alleged or possible commission, of 25
an offence by the person-- 26
(a) when the offence was committed, is alleged to have 27
been committed or may possibly have been committed; 28
(b) the nature of the offence and its relevance to the person's 29
proposed duties or duties under the engagement; 30
(c) anything else the executive director considers relevant to 31
the assessment of the person's suitability. 32
Page 39
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 32]
`110V Person to be advised of information obtained from 1
commissioner 2
`(1) This section applies if, after having regard to the matters 3
mentioned in section 110U(3) about a person, the executive 4
director considers the person may not be suitable to be or 5
continue to be engaged by the office to perform relevant 6
duties. 7
`(2) The executive director must-- 8
(a) disclose the information to the person; and 9
(b) allow the person a reasonable opportunity to make 10
representations to the executive director about the 11
information.'. 12
Clause 32 Amendment of s 111 (Licence and certificate register) 13
Section 111(1)(b) and (d), after `the granting,'-- 14
insert-- 15
`giving,'. 16
Clause 33 Amendment of s 131 (Offences about false or misleading 17
information or documents) 18
Section 131, `or 98'-- 19
omit, insert-- 20
`, 98, 108D(2), 110KC(2) or 110S'. 21
Clause 34 Amendment of s 132 (Evidentiary provision) 22
Section 132(5)-- 23
insert-- 24
`(e) that an annual licence fee or an annual licence return fee 25
was not paid by the prescribed day; 26
(f) that an annual certificate fee or an annual return fee was 27
not paid by the prescribed day.'. 28
Page 40
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 35]
Clause 35 Insertion of new s 133A 1
After section 133-- 2
insert-- 3
`133A Confidentiality 4
`(1) This section applies to a relevant person who, in the capacity 5
as relevant person, acquired information, or gained access to a 6
document, under this Act about someone else's extended 7
criminal history for assessing the person's suitability for-- 8
(a) appointment as a member of the Authority; or 9
(b) appointment as the executive director; or 10
(c) engagement as a staff member. 11
`(2) The person must not disclose the acquired information, or 12
give access to the document, to anyone else. 13
Maximum penalty--100 penalty units. 14
`(3) Subsection (2) does not apply to the disclosure of acquired 15
information, or giving of access to a document, about a 16
person-- 17
(a) to the Minister for the purpose of assessing the person's 18
suitability for the appointment in relation to which the 19
information or document was acquired; or 20
(b) to a member of the Authority for the purpose of 21
assessing the person's suitability for appointment as the 22
executive director or engagement as a staff member; or 23
(c) to the executive director or a selection panel member for 24
the purpose of assessing the person's suitability for 25
engagement as a staff member; or 26
(d) with the person's consent; or 27
(e) if the disclosure or giving of access is otherwise 28
required under an Act. 29
`(4) In this section-- 30
relevant person means a person who is or has been-- 31
(a) the Minister; or 32
Page 41
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 36]
(b) a member of the Authority; or 1
(c) the executive director; or 2
(d) a staff member or a selection panel member. 3
selection panel member means a member of a panel formed 4
to make a recommendation to the executive director about 5
engaging a person as a staff member.'. 6
Clause 36 Insertion of new pt 9, div 7 7
Part 9-- 8
insert-- 9
`Division 7 Provisions for Police Legislation 10
Amendment Act 2010 11
`156 Definition for pt 9, div 7 12
`In this division-- 13
commencement means the commencement of this division. 14
`157 Conduct of disciplinary inquiry started but not dealt 15
with as at commencement 16
`(1) This section applies to a disciplinary inquiry that has started 17
but is not complete as at the commencement. 18
`(2) The Authority must continue to conduct the inquiry under the 19
Act as in force immediately before the commencement. 20
`158 Disciplinary inquiry notice not given to licensee as 21
at commencement 22
`(1) This section applies if the Authority-- 23
(a) decides, before the commencement, to conduct a 24
disciplinary inquiry in relation to a licensee; and 25
(b) has not, as at the commencement, started the inquiry. 26
Page 42
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 36]
`(2) The Authority must conduct the inquiry under the Act as in 1
force from the commencement. 2
`159 Disciplinary inquiry notice not given to approved 3
manager as at commencement 4
`(1) This section applies if the Authority-- 5
(a) decides, before the commencement, to conduct a 6
disciplinary inquiry in relation to an approved manager; 7
and 8
(b) has not, as at the commencement, started the inquiry. 9
`(2) The Authority must conduct the inquiry under the Act as in 10
force from the commencement. 11
`160 Disqualifications for appointment--particular 12
members of Authority 13
`(1) This section applies to a member of the Authority, other than 14
an exempt member, as at the commencement. 15
`(2) Section 105(b) as at the commencement applies to the 16
member. 17
`161 Extended criminal history checks--particular 18
members of Authority 19
`(1) This section applies to a member of the Authority, other than 20
an exempt member, as at the commencement. 21
`(2) Sections 108B and 108E apply in relation to the member. 22
`(3) Sections 108C and 108D apply to the member. 23
`162 Extended criminal history checks--executive 24
director 25
`(1) This section applies to the executive director as at the 26
commencement of this section. 27
Page 43
Police Legislation Amendment Bill 2010
Part 4 Amendment of Prostitution Act 1999
[s 37]
`(2) Sections 110KA and 110KD apply in relation to the executive 1
director. 2
`(3) Sections 110KB and 110KC apply to the executive director. 3
`163 Executive director may obtain extended criminal 4
history 5
`(1) This section applies to a staff member as at the 6
commencement of this section. 7
`(2) Sections 110R and 110S apply to the staff member. 8
`(3) Sections 110T, 110U and 110V apply in relation to the staff 9
member. 10
`164 Transitional provision for Police Legislation 11
Amendment Act 2010 12
`The amendment of the Prostitution Regulation 2000 by the 13
Police Legislation Amendment Act 2010 does not affect the 14
power of the Governor in Council to further amend the 15
regulation or to repeal it.'. 16
Clause 37 Amendment of sch 4 (Dictionary) 17
Schedule 4-- 18
insert-- 19
`commencement, for part 9, division 7, see section 156. 20
disciplinary inquiry notice, for a disciplinary inquiry-- 21
(a) in relation to a licensee--see section 27B; or 22
(b) in relation to an approved manager--see section 53B. 23
engage, a person, includes appoint, employ, promote, 24
redeploy or second the person within or to the office. 25
exempt member means a member of the Authority mentioned 26
in section 102(1)(b) or (c). 27
Page 44
Police Legislation Amendment Bill 2010
Part 5 Amendment of Prostitution Regulation 2000
[s 38]
extended criminal history, of a person, means all of the 1
following-- 2
(a) every conviction of the person for an offence, in 3
Queensland or elsewhere, whether before or after the 4
commencement of this Act; 5
(b) every charge of an offence made against the person, in 6
Queensland or elsewhere, whether before or after the 7
commencement of this Act. 8
part 6 directive means a ruling that is a directive made for the 9
Public Service Act 2008, chapter 5, part 6. 10
prescribed day means-- 11
(a) for an annual licence fee, or an annual licence return fee, 12
for a licence--the day mentioned in section 19(5)(d)(i) 13
as the day by which the licensee must pay the fee; or 14
(b) for an annual certificate fee, or an annual return fee, for 15
a certificate--the day mentioned in section 44(4)(d)(i) 16
as the day by which the approved manager must pay the 17
fee. 18
prospective staff member see section 110N. 19
relevant duties see section 110M. 20
staff member means a member of the staff of the office. 21
suspension period-- 22
(a) for a licence--see section 24B; or 23
(b) for a certificate--see section 50B.'. 24
Part 5 Amendment of Prostitution 25
Regulation 2000 26
Clause 38 Regulation amended 27
This part amends the Prostitution Regulation 2000. 28
Page 45
Police Legislation Amendment Bill 2010
Part 5 Amendment of Prostitution Regulation 2000
[s 39]
Clause 39 Amendment of s 3 (Definitions) 1
(1) Section 3, definition certificate anniversary day, `grant'-- 2
omit, insert-- 3
`giving under section 43 of the Act'. 4
(2) Section 3, definition licence anniversary day, `grant'-- 5
omit, insert-- 6
`giving under section 18 of the Act'. 7
Clause 40 Amendment of s 5A (Conditions of licence--annual 8
licence fee and annual licence return fee--Act, s 9
19(5)(d)(i)) 10
Section 5A, `at least 3 months'-- 11
omit, insert-- 12
`on or'. 13
Clause 41 Amendment of s 5B (Conditions of licence--annual 14
return--Act, s 19(5)(d)(ii)) 15
Section 5B, `at least 3 months'-- 16
omit, insert-- 17
`on or'. 18
Clause 42 Amendment of s 6A (Conditions of certificate--approved 19
manager's annual certificate fee and annual return 20
fee--Act, s 44(4)(d)(i)) 21
Section 6A, `at least 3 months'-- 22
omit, insert-- 23
`on or'. 24
Page 46
Police Legislation Amendment Bill 2010
Part 5 Amendment of Prostitution Regulation 2000
[s 43]
Clause 43 Amendment of s 6B (Conditions of certificate--annual 1
return--Act, s 44(4)(d)(ii)) 2
Section 6B, `at least 3 months'-- 3
omit, insert-- 4
`on or'. 5
© State of Queensland 2010
Page 47
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