Criminal Law Amendment Bill 2014 - Queensland Parliament

1 Criminal Law Amendment bill 2014 . Report No. 68. Legal Affairs and Community Safety Committee July 2014 . Legal Affairs and Community Safety Committee Chair Mr Ian Berry MP, Member for Ipswich Deputy Chair Mr Peter Wellington MP, Member for Nicklin Members Miss Verity Barton MP, Member for Broadwater Mr bill Byrne MP, Member for Rockhampton Mr Sean Choat MP, Member for Ipswich West Mr Aaron Dillaway MP, Member for Bulimba Mr Trevor Watts MP, Member for Toowoomba North Staff Mr Brook Hastie, Research Director Mr Peter Rogers, Acting Research Director Mrs Kelli Longworth, Principal Research Officer Ms Lucy Manderson.

2 Principal Research Officer Mr Gregory Thomson, Principal Research Officer Mrs Gail Easton, Executive Assistant Technical Scrutiny Ms Ren e Easten, Research Director Secretariat Mr Michael Gorringe, Principal Research Officer Ms Kellie Moule, Principal Research Officer Ms Tamara Vitale, Executive Assistant Contact details Legal Affairs and Community Safety Committee Parliament House George Street Brisbane Qld 4000. Telephone +61 7 3406 7307. Fax +61 7 3406 7070. Email Web Acknowledgements The Committee acknowledges the assistance provided by the Queensland Parliamentary Library.

3 Criminal Law Amendment bill 2014 . Contents Abbreviations v Chair's foreword vii Recommendations viii 1. Introduction 1. Role of the Committee 1. Inquiry process 1. Policy objectives of the Criminal Law Amendment bill 2014 1. Consultation on the bill 2. Should the bill be passed? 3. 2. Examination of the Criminal Law Amendment bill 2014 4. Amendments to the Acts Interpretation Act 1954 Chair' and Deputy Chair' 4. Amendments to the Bail Act 1980 - surrender of passport as a bail condition 5. Amendments to the Criminal Code Act 1899 - associated and consequential amendments 8.

4 Amendments to Criminal Proceeds Confiscation Act 2002 interstate orders 41. Amendments to Dangerous Prisoners (Sexual Offenders) Act 2003 monitoring devices 41. Amendments to Drugs Misuse Act 1986 classification of a dangerous drug 46. Amendments to Evidence Act 1977 technological advances 47. Amendments to Justices Act 1886 - notices for prior conviction for sentencing 53. Amendments to Penalties and Sentences Act 1992 confidentiality of informants 64. Amendments to Youth Justice Act 1992 boot camps and child protection information 65.

5 3. Fundamental legislative principles 73. Rights and liberties of individuals 73. Institution of Parliament 82. Appendix A List of Submissions 84. Appendix B - Comparison between Queensland and Other Australian Jurisdictions 85. Statement of Reservation 93. Legal Affairs and Community Safety Committee iii Criminal Law Amendment bill 2014 . iv Legal Affairs and Community Safety Committee Criminal Law Amendment bill 2014 Abbreviations Abbreviations ACC Australian Crime Commission ACPA Animal Care and Protection Act 2001.

6 ATSILS Aboriginal and Torres Strait Islander Legal Service (Qld) Ltd Attorney-General Honourable Jarrod Bleijie MP, Attorney-General and Minister for Justice AWC Australian Wagering Council BAQ Bar Association of Queensland bill Criminal Law Amendment bill 2014 . BLEATS Brisbane Lawyers Advocating and Educating for Tougher Sentences Committee Legal Affairs and Community Safety Committee COMPPS Coalition of Major Professional and Participation Sports CPCA Criminal Proceeds Confiscation Act 2002. Criminal Code Criminal Code Act 1899.

7 DAFF Department of Agriculture, Fisheries and Forestry Department Department of Justice and Attorney-General DM Act Disaster Management Act 2003. DMA Drugs Misuse Act 1986. DPA Dangerous Prisoners (Sexual Offenders) Act 2003. DPP Act Director of Public Prosecutions Act 1984. Evidence Act Evidence Act 1977. FLPs Fundamental legislative principles GPS Global Positioning System ODPP Office of the Director of Public Prosecutions PACT Protect All Children Today Inc. Penalties and Penalties and Sentences Act 1992. Sentences Act PETA People for the Ethical Treatment of Animals Prior Conviction A notice served on a defendant in accordance with section 47 of the Notice Justices Act 1886.

8 PUP bill Criminal Code (Cheating at Gambling) Amendment bill 2013. QCCL Queensland Council for Civil Liberties Legal Affairs and Community Safety Committee v Abbreviations Criminal Law Amendment bill 2014 . QLS Queensland Law Society QPU Queensland Police Union of Employees RSPCA The Royal Society for the Prevention of Cruelty to Animals Queensland Incorporated Youth Justice Act Youth Justice Act 1992. vi Legal Affairs and Community Safety Committee Criminal Law Amendment bill 2014 Chair's foreword Chair's foreword This report presents a summary of the Legal Affairs and Community Safety Committee's examination of the Criminal Law Amendment bill 2014 .

9 The Committee's task was to consider the policy outcomes to be achieved by the legislation, as well as the application of fundamental legislative principles that is, to consider whether the bill had sufficient regard to the rights and liberties of individuals, and to the institution of Parliament . On behalf of the Committee, I thank those individuals and organisations who lodged written submissions on this bill . I also thank the Committee's Secretariat and the Department of Justice and Attorney-General. I commend this report to the House.

10 Ian Berry MP. Chair Legal Affairs and Community Safety Committee vii Recommendations Criminal Law Amendment bill 2014 . Recommendations Recommendation 1 3. The Committee recommends the Criminal Law Amendment bill 2014 be passed. viii Legal Affairs and Community Safety Committee Criminal Law Amendment bill 2014 Introduction 1. Introduction Role of the Committee The Legal Affairs and Community Safety Committee (Committee) is a portfolio committee of the Legislative Assembly which commenced on 18 May 2012 under the Parliament of Queensland Act 2001 and the Standing Rules and Orders of the Legislative Assembly.