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Queensland
SOUTH BANK
CORPORATION
AMENDMENT BILL 1995
Queensland
SOUTH BANK CORPORATION
AMENDMENT BILL 1995
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 5A--CONDUCT ON THE SITE
37A Conduct causing public nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
37B Power to exclude persons causing public nuisance . . . . . . . . . . . . . 5
37C Power to hand over certain offenders to the police . . . . . . . . . . . . . . 6
37D Power to ask name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
37E Court may exclude person from the site . . . . . . . . . . . . . . . . . . . . . . 7
37F Power of arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
37G Certain exclusion directions may be reviewed . . . . . . . . . . . . . . . . . 8
37H Review does not stay effect of exclusion direction . . . . . . . . . . . . . 9
37I Procedure for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
37J Decision on review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
37K Annual report of corporation to include report on part . . . . . . . . . . . 10
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 11
MINOR AMENDMENTS
1995
A BILL
FOR
An Act to amend the South Bank Corporation Act 1989
s1 4 s4
South Bank Corporation Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the South Bank Corporation Amendment Act 3
1995. 4
5
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 6
amended 7
Act
Clause 3. This Act amends the South Bank Corporation Act 1989. 8
of s 4 (Interpretation) 9
Amendment
Clause 4. Section 4-- 10
insert-- 11
` "court" means-- 12
(a) for a child within the meaning of the Juvenile Justice Act 13
1992--the Childrens Court; or 14
(b) for someone else--a Magistrates Court. 15
"exclusion direction" means a direction under section 37B.1 16
"exclusion offence" see section 37A(2). 17
"exclusion order" means an order under section 37E.2 18
"reviewable exclusion direction" means an exclusion direction excluding 19
a person from the site, or a part of the site, for longer than 24 hours. 20
1 Section 37B (Power to exclude persons causing public nuisance)
2 Section 37E (Court may exclude person from site)
s5 5 s5
South Bank Corporation Amendment
"security officer", for a power, means a person authorised by the 1
corporation to exercise the power. 2
"site", in part 5A, means the part of the corporation area declared under a 3
by-law to be the site, and includes any part of the area declared to be 4
the site.'. 5
of new pt 5A 6
Insertion
Clause 5. After part 5-- 7
insert-- 8
`PART 5A--CONDUCT ON THE SITE 9
causing public nuisance 10
`Conduct
`37A.(1) A person must not, on the site-- 11
(a) be drunk or disorderly; or 12
(b) create a disturbance. 13
Maximum penalty--20 penalty units 14
`(2) For this part, an offence under subsection (1) is an "exclusion 15
offence". 16
to exclude persons causing public nuisance 17
`Power
`37B.(1) This section applies if a security officer or police officer finds a 18
person committing an exclusion offence. 19
`(2) The security officer or police officer may direct the person to leave 20
the site. 21
`(3) The security officer or police officer may also direct the person not 22
to re-enter the site for 24 hours. 23
`(4) A person must not contravene a direction given to the person under 24
subsection (2) or (3), unless the person has a reasonable excuse. 25
Maximum penalty--10 penalty units. 26
s5 6 s5
South Bank Corporation Amendment
`(5) A security officer may, by written notice, direct a person to leave the 1
site, and not re-enter the site for a stated period (starting when the direction 2
is given) of not more than 10 days if-- 3
(a) the person contravenes a direction given to the person under 4
subsection (2) or (3); or 5
(b) the security officer is of the opinion, on reasonable grounds, that 6
the exclusion of the person from the site is justified because of the 7
person's behaviour. 8
`(6) A person must not contravene a direction given to the person under 9
subsection (5), unless the person has a reasonable excuse. 10
Maximum penalty--10 penalty units. 11
to hand over certain offenders to the police 12
`Power
`37C. A security officer who finds a person on the site-- 13
(a) committing an exclusion offence; or 14
(b) unlawfully damaging property; or 15
(c) contravening an exclusion direction or order; 16
may take the person immediately to a police officer, using only such force 17
as is reasonable and necessary. 18
to ask name and address 19
`Power
`37D.(1) This section applies if a security officer or police officer (the 20
"officer") finds a person on the site-- 21
(a) committing an offence against this Act; or 22
(b) in circumstances that lead, or has information that leads, the 23
officer to suspect on reasonable grounds that the person has just 24
committed, or is committing, an offence against this Act. 25
26
Example of paragraph (b)--
27
A security officer finds a person on the site, and has information to suspect on
28
reasonable grounds that the person has remained on, or re-entered the site, in
29
contravention of an exclusion order or direction.
s5 7 s5
South Bank Corporation Amendment
`(2) The officer may ask the person to state the person's name and 1
address. 2
`(3) When making the request, the officer must warn the person that it is 3
an offence to fail to state the person's name or address, unless the person 4
has a reasonable excuse. 5
`(4) The officer may ask the person to give evidence of the correctness of 6
the stated name or address if the officer suspects, on reasonable grounds, 7
the stated name or address is false. 8
`(5) A person must comply with a request under subsection (2) or (4), 9
unless the person has a reasonable excuse. 10
Maximum penalty--10 penalty units. 11
`(6) A person does not commit an offence against this section if-- 12
(a) the person was asked to state the person's name and address by 13
an officer who suspected the person had committed an offence 14
against this Act; and 15
(b) the person is not proved to have committed the offence. 16
may exclude person from the site 17
`Court
`37E.(1) The corporation, or a police officer authorised by the 18
corporation, may apply to a court for an order excluding a person from the 19
site because of the person's behaviour on the site. 20
`(2) The application may be made in a proceeding for an exclusion 21
offence, contravening an exclusion direction or order, or at any other time. 22
`(3) If the application is not made in a proceeding for an offence 23
mentioned in subsection (2), the corporation must give notice of the 24
application to the person at least 21 days before the application is heard. 25
`(4) The notice must set out particulars of the behaviour claimed to have 26
been committed by the person. 27
`(5) If the court decides to make the order, the court may order that the 28
person not enter the site for a stated period of not more than 1 year. 29
s5 8 s5
South Bank Corporation Amendment
`(6) A person must not contravene an order made against the person 1
under subsection (5). 2
Maximum penalty--20 penalty units. 3
`(7) This section applies despite the Juvenile Justice Act 1992. 4
of arrest 5
`Power
`37F.(1) This section applies to an offence against any of the following 6
sections-- 7
· section 37B(4) or (6) (Power to deal with persons causing a 8
public nuisance) 9
· section 37D(5) (Power to require name and address) 10
· section 37E(6) (Court may exclude person from the site). 11
`(2) A police officer may arrest a person if-- 12
(a) the officer-- 13
(i) finds the person committing an offence to which this section 14
applies; or 15
(ii) finds the person in circumstances that lead, or has 16
information that leads, the officer to suspect on reasonable 17
grounds that the person has just committed, or is 18
committing, an offence to which this section applies; and 19
(b) the officer believes on reasonable grounds that a proceeding 20
against the person by way of complaint and summons for the 21
offence would be ineffective. 22
exclusion directions may be reviewed 23
`Certain
`37G.(1) A person who is given a reviewable exclusion direction may 24
apply in writing to a court at a place in the central division of the Brisbane 25
Magistrates Court district for a review of the reasonableness of the 26
direction. 27
`(2) The application must be made-- 28
(a) within 3 days after the person is given the direction; or 29
s5 9 s5
South Bank Corporation Amendment
(b) if the direction is for less than 3 days--before the direction ends. 1
`(3) The registrar or clerk of the court must immediately give the 2
corporation a copy of the application. 3
does not stay effect of exclusion direction 4
`Review
`37H. The making of an application for the review of a reviewable 5
exclusion direction does not stay the operation of the direction. 6
for review 7
`Procedure
`37I.(1) A court to which an application for the review of a reviewable 8
exclusion direction is made must review the direction as soon as practicable 9
after the application is made. 10
`(2) In hearing and deciding the review-- 11
(a) the court is not bound by the rules of evidence and may inform 12
itself in any way it considers appropriate; and 13
(b) the court must observe natural justice; and 14
(c) the court may hear the review in court or in chambers; and 15
(d) a party to the review cannot be represented by a lawyer; and 16
(e) a child may be represented by an associated adult; and 17
(f) the court may not make an order for costs (other than filing fees). 18
19
Example of (2)(a)--
20
The court may allow a party to a review to take part in the review by telephone.
`(3) For subsection (2)(e), an "associated adult" for a child is an adult 21
who-- 22
(a) is the child's parent, step-parent or guardian; or 23
(b) is married to the child; or 24
(c) has parental rights and duties for the child; or 25
(d) might reasonably be expected to have authority over the child's 26
conduct. 27
s5 10 s5
South Bank Corporation Amendment
`(4) To remove any doubt, Childrens Court Act 1992, section 203 applies 1
to a review by the Childrens Court. 2
on review 3
`Decision
`37J.(1) A court reviewing a reviewable exclusion direction may-- 4
(a) confirm the reasonableness of the direction; or 5
(b) set the direction aside; or 6
(c) set the direction aside and give directions the court considers 7
appropriate about the direction. 8
`(2) Compensation is not payable by anyone for a reviewable exclusion 9
direction confirmed or set aside under this section. 10
`(3) This section applies despite the Juvenile Justice Act 1992. 11
report of corporation to include report on part 12
`Annual
`37K. The corporation must include a report on the exercise of powers 13
under this part in each annual report.'. 14
15
3 Section 20 (Who may be present at a proceeding)
11
South Bank Corporation Amendment
CHEDULE 1
¡S
INOR AMENDMENTS 2
M
section 3 3
1. Section 4, heading-- 4
omit, insert-- 5
`Definitions'. 6
2. Section 4, definition "development completion date", `by 7
proclamation under section 22B'-- 8
omit, insert-- 9
`under a regulation'. 10
3. Section 9(2), `by notification in the Gazette'-- 11
omit. 12
4. Section 12(2), `by order in council'-- 13
omit, insert-- 14
`under a regulation.'. 15
5. Section 13(1), `by order in council'-- 16
omit, insert-- 17
`by gazette notice'. 18
12
South Bank Corporation Amendment
SCHEDULE (continued)
6. Section 13A(3), `by order in council'-- 1
omit, insert-- 2
`by gazette notice'. 3
7. Section 22B(1), `, by order in council,'-- 4
omit. 5
8. Section 22B(3), `by proclamation'-- 6
omit, insert-- 7
`under a regulation'. 8
9. Section 24(4), `by order in council'-- 9
omit, insert-- 10
`by gazette notice'. 11
10. Section 40, heading-- 12
omit, insert-- 13
`Regulation making power'. 14
11. Section 40(1), `for the purposes of'-- 15
omit, insert-- 16
`under'. 17
12. Section 40, as amended-- 18
relocate as section 42. 19
13
South Bank Corporation Amendment
SCHEDULE (continued)
13. Section 41(1), words before paragraph (a)-- 1
omit, insert-- 2
`41.(1) The corporation may make by-laws under this Act. 3
`(2) A by-law may make provision--'. 4
14. Section 41(2) to (5)-- 5
omit, insert-- 6
`(2) A by-law may create offences and prescribe penalties of not more 7
than 20 penalty units for the offences. 8
`(3) A by-law must be approved by the Governor in Council.4'. 9
15. Section 41(6)-- 10
renumber as 41(4). 11
16. Schedule 7, section 7, definition "local government"-- 12
omit, insert-- 13
` "local government" means-- 14
(a) until the day prescribed under a regulation for section 22B of the 15
principal Act--the corporation; or 16
(b) after the day prescribed under a regulation for section 22B of the 17
principal Act--the council.'. 18
19
© State of Queensland 1995
4 A by-law is subordinate legislation (see Statutory Instruments Act 1992, sections
7, 8(b)(i) and 9(1)(a)).
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