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Justice and Other Legislation Amendment Bill 2004
Justice and Other Legislation Amendment
Bill 2004
Explanatory notes for amendments to be
moved during consideration in detail by The
Honourable Rod Welford MP
Title of the Bill
Justice and Other Legislation Amendment Bill 2004.
Objectives of the Amendments
The amendments to the Justice and Other Legislation Amendment Bill
2004 (the Bill) have the following purposes:-
· amend the Criminal Proceeds Confiscation Act 2002 (CPC Act)
to amend the definition of property in Chapter 2 to include as a
person's property any property over which that person has
effective control. The amendment will allow a restraining order
to be obtained over property under the effective control of a
person suspected of engaging in serious crime related activities;
and
· amend the Land Court Act 2000 to clarify that a member of the
Land and Resources Tribunal can be appointed on a part-time
basis to the Land Court, and
· amend the Supreme Court Act 1995 to clarify, for the benefit of a
child, that the damages being assessed in their favour in an action
for the wrongful death of one of their parents, should not be
reduced because any relationship between their parents had
ended.
Achievement of the Objectives
Criminal Proceeds Confiscation Act 2002
The objects are achieved by amending section 19 of the CPC Act to include
in the meaning of "property" of a person, any property belonging to
someone else over which the person has effective control. This will allow
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Justice and Other Legislation Amendment Bill 2004
property over which the prescribed respondent has effective control to be
restrained in the same manner as property held in his or her own name.
The provision is necessary to deal with the not uncommon situation of
crime bosses placing crime derived assets in the names of others, usually
family, associates or business structures to create an air of legitimacy and
reduce the strict legal connection between the person engaging in illegal
activity and the asset.
Supreme Court Act 1995
The objectives are achieved by amending the proposed new section 23B of
the Supreme Court Act 1995 to ensure that a court in assessing damages for
a child does not reduce the assessment only by reason that any relationship
between the child's parents has ended before the wrongful death of one of
them.
Estimated Cost for Government Implementation
Nil.
Consistency with Fundamental Legislative Principles
The amendments are consistent with fundamental legislative principles.
Consultation
The amendments to the CPC Act have been developed in consultation with
the Crime and Misconduct Commission, Director of Public Prosecutions
and the Department of the Premier and Cabinet. Queensland Treasury was
also consulted about the proposal. The Queensland Law Reform
Commission and the Supreme Court have been consulted about the
amendment to the Supreme Court Act 1995.
Notes on Provisions
Amendment 1 amends clause 2 of the Bill, which is the commencement
provision of the Bill. The effect of this amendment is that the amendments
to the CPC Act, as inserted by amendments 2 and 3, will commence on
assent.
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Justice and Other Legislation Amendment Bill 2004
Amendment 2 omits clause 35 of the Bill to delete the amendment to
section 29(c) of the CPC Act and inserts new clause 35 into the Bill
containing an amendment to the CPC Act.
New clause 35 inserts new paragraph (iii) into section 19(a) of the CPC
Act. New section 19(a)(iii) provides that the property of a person includes
the property of someone else that is under the effective control of the
person.
Amendment 3 inserts new clause 36A into the Bill containing amendments
to the CPC Act.
New clause 36A amends section 87 of the CPC Act which provides for the
enforcement of orders against property under effective control of a person
(the controlling person). Section 87 currently treats the property under
effective control as not being the property of the controlling person.
Following the amendment to section 19 of the CPC Act, property of a
person will include property which is under their effective control. It is
therefore necessary to make consequential changes to section 87. Clause
36A(1) of the Bill will insert the word "other" into section 87(4) after the
words "to which". Clause 36A(2) deletes a phrase and inserts the words
"property to the extent stated in the declaration.". Clause 36A(3) omits the
words "as if the property were the controlling person's property".
Amendment 4 inserts in clause 61 an amendment to allow members of the
Land and Resources Tribunal to be appointed to the Land Court on a part-
time basis.
Amendment 5 amends clause 114 of the Bill to delete a phrase and inserts
the words "any damages assessed must not be reduced because". This
clarifies that the intention of the clause is to ensure that the court in
assessing damages for a child in an action for the wrongful death of one of
their parents does not reduce the damages because the relationship between
the parents has ended before the wrongful death of one of them.
© State of Queensland 2004