Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Bill 2023

An Act to amend the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, the Child Protection (Offender Reporting and Offender Prohibition Order) Regulation 2015, the Mental Health Act 2016, the Mineral Resources Act 1989, the Police Powers and Responsibilities Act 2000, the Police Powers and Responsibilities Regulation 2012, the Police Service Administration Act 1990, the Summary Offences Act 2005, the Supreme Court of Queensland Act 1991 and the Youth Justice Act 1992 for particular purposes

1Short title

This Act may be cited as the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023.

1ACommencement

(1)Part 9, other than sections 70 to 72 and 75 to 82, is taken to have commenced on 23 August 2023.

(2)The following provisions commence on a day to be fixed by proclamation—

(a)sections 50B, 50D to 50H, 50J to 50L, 50N, 55, 63 and 65;

(b)section 52, to the extent it inserts chapter 24, part 24, division 3;

(c)part 5.

2Act amended

This part amends the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

3Replacement of pt 3 (Offender reporting orders)

Part 3—
omit, insert—

Part 3 Offender reporting orders

Division 1 Making offender reporting orders

12A Offender reporting order defined

An offender reporting order is an order made against a person that the person comply with the reporting obligations imposed on a reportable offender under this Act.

12BMaking offender reporting order—conviction for offence other than prescribed offence

(1)This section applies if a court—

(a)finds a person guilty of an offence other than a prescribed offence; and

(b)records a conviction and imposes a sentence for the offence.

Note—

For when no conviction is recorded, see the Penalties and Sentences Act 1992, section 12 and the Youth Justice Act 1992, section 183.

(2)The court may also make an offender reporting order against the person if satisfied, on the balance of probabilities, after considering the matters mentioned in section 12D—

(a)the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or

(b)for a person convicted of a child abduction offence—

(i)the context in which the offence was committed was not familial; and

(ii)it is appropriate in the circumstances to make the order.

Example of circumstances in which it is appropriate to make the order—

The commission of the offence was not merely incidental.

(3)For subsection (2)(a), it is not necessary that the court be able to identify a risk to particular children, or a particular class of children.

12CMaking offender reporting order—forensic order

(1)This section applies if a court makes a forensic order in relation to a person.

(2)The court may also make an offender reporting order against the person if satisfied, on the balance of probabilities, after considering the matters mentioned in section 12D—

(a)the person poses a risk to the lives or the sexual safety of 1 or more children, or of children generally; or

(b)if the forensic order was made in relation to a child abduction offence—

(i)the context in which the offence was committed was not familial; and

(ii)it is appropriate in the circumstances to make the order.

(3)For subsection (2)—

(a)a reference in section 12D to an offence is a reference to the offence in relation to which the forensic order is made; and

(b)a reference in section 12D to the conduct the subject of the order is a reference to the conduct that constitutes that offence.

(4)For subsection (2)(a), it is not necessary that the court be able to identify a risk to particular children, or a particular class of children.

(5)An offender reporting order made under subsection (2) ends if the forensic order is revoked under the Mental Health Act 2016, section 441.

12D Matters court must consider before making offender reporting order

The matters a court must consider for section 12B(2) or 12C(2) are—

(a)when the conduct the subject of the proposed offender reporting order happened; and

(b)the nature and seriousness of the conduct; and

(c)for each offence to which the proposed order relates—

(i)the age of the respondent, the age of the victim of the offence and the difference in their ages when the offence was committed; and

(ii)the relationship, if any, between the respondent and the victim of the offence; and

(d)the respondent’s criminal history, including the seriousness of the criminal history; and

(e)the respondent’s circumstances, including—

(i)the access the respondent has to children, including access through the respondent’s employment; and

(ii)the respondent’s needs in relation to accommodation, employment, health and mental health; and

(f)anything else the court considers relevant.

12E Court may act on own initiative or application

(1)A court may make an offender reporting order—

(a)on its own initiative; or

(b)on the application of the prosecution.

(2)The prosecution may make an application under subsection (1)(b) at any time within 6 months after the day the court—

(a)imposes the sentence for the offence; or

(b)makes the forensic order.

Division 2 Appeals

12FAppeal under Criminal Code

(1)If a court makes an offender reporting order against a person under section 12B, the person may appeal against the making of the order under the Criminal Code, chapter 67.

(2)If a court refuses an application for an offender reporting order to be made against a person under section 12B, the Attorney-General may appeal against the refusal under the Criminal Code, chapter 67.

(3)For subsections (1) and (2), the Criminal Code, chapter 67 applies as if the order, or the refusal, were a sentence pronounced on conviction of the person for an indictable offence.

12GAppeal under Mental Health Act 2016

(1)If a court makes an offender reporting order against a person under section 12C, the person may appeal against the making of the order under the Mental Health Act 2016.

(2)If a court refuses an application for the imposition of an offender reporting order against a person under section 12C, the Attorney-General may appeal against the refusal under the Mental Health Act 2016.

(3)For subsections (1) and (2), the Mental Health Act 2016 applies as if—

(a)the order or refusal were a decision of the Mental Health Court; and

(b)a reference in the Mental Health Act 2016 to the Mental Health Court were a reference to the court that made the order or refused the application.

4Amendment of s 13D (Matters court must consider before making prohibition order)

(1)Section 13D(2), definitions charge and criminal history—
relocate to schedule 5.

(2)Section 13D(2), as amended by this section—
omit.

5Amendment of s 13R (Explaining and giving notice of offender prohibition order to respondent)

Section 13R(4), from ‘a notice’—
omit, insert—

an initial reporting obligations notice.

6Amendment of s 13S (Giving respondent copy of offender prohibition order dealt with in respondent’s absence)

Section 13S(4)(b), ‘a section 54 notice’—
omit, insert—

an initial reporting obligations notice

7Amendment of s 13ZA (Action by registrar and police commissioner after registration of corresponding order)

Section 13ZA(3)(b), ‘a section 54 notice’—
omit, insert—

an initial reporting obligations notice

8Amendment of s 14 (When reportable offender must make initial report)

Section 14(2) and (4), ‘a notice under section 54(5)’—
omit, insert—

an initial reporting obligations notice

9Amendment of s 15 (Provision of personal details by corrective services)

(1)Section 15, heading, ‘Provision’—
omit, insert—

Request for and provision

(2)Section 15—
insert—

(1A)The chief executive (corrective services) may ask the offender to give the chief executive (corrective services) details of—

(a)the address of the premises where the offender intends to reside when the offender is released; or

(b)if the offender does not intend to reside at particular premises when the offender is released—each locality where the offender intends to generally be found.

(1B)The request may be made—

(a)orally or in writing; and

(b)on or before the offender’s release from government detention.

(1C)The offender may, but is not required to, comply with the request.

(3)Section 15(2)—
insert—

(d)if the offender complied with a request under subsection (2)—the address or locality given to the chief executive (corrective services) in response to the request.

(4)Section 15(4), ‘Subsection (3)’—
omit, insert—

Subsection (6)

(5)Section 15(1A) to (4)—
renumber as section 15(2) to (7).

10Amendment of s 19 (When periodic reports must be made)

(1)Section 19(3), ‘written notice’—
omit, insert—

reporting obligations notice

(2)Section 19(4) and (5)—
omit.

11Insertion of new s 19B

After section 19A—
insert—

19B Requirement to report each change in premises or locality at which offender stays or can be found

(1)The police commissioner may require a reportable offender to report the changes in the offender’s personal details mentioned in subsection (3) if the commissioner is reasonably satisfied that doing so is necessary to protect the lives or sexual safety of children.

(2)The police commissioner imposes the requirement under subsection (1) on the offender by giving the offender a reporting obligations notice under section 54A(3) stating that the offender is required to report the changes.

(3)The reportable offender must report each change in the premises where the offender stays, or locality where the offender can generally be found—

(a)during each period of 3 or more consecutive days in which—

(i)the offender does not stay at the premises where the offender generally resides; or

(ii)the offender does not generally reside at any premises; and

(b)within 24 hours after the change happens.

12Amendment of s 21 (Change of travel plans while out of Queensland to be given)

Section 21(3), from ‘the report’—
omit, insert—

the report in a way allowed under a regulation.

13Amendment of s 24 (Information about international travel to be given to the AFP)

(1)Section 24, heading, ‘the AFP’—
omit, insert—

Commonwealth agencies

(2)Section 24, from ‘given to’—
omit, insert—

given to—

(a)the Australian Border Force Commissioner; and

(b)the secretary of the home affairs department; and

(c)the commissioner of the Australian Federal Police.

14Amendment of pt 4, div 3, hdg (Provisions applying to all reporting obligations)

Part 4, division 3, heading, ‘Provisions applying to all’—
omit, insert—

Other provisions applying to

15Replacement of ss 25 and 26

Sections 25 and 26—
omit, insert—

25Initial report must be made in person

(1)A reportable offender must make the offender’s initial report—

(a)in person; and

(b)at the police station or other place stated for making the report in a reporting obligations notice given to the offender.

(2)A police officer, or another person approved by the police commissioner, may receive a reportable offender’s initial report.

26How other reports must be made

(1)A reportable offender must make a report the offender is required to make under this part, other than the offender’s initial report—

(a)if a reporting obligations notice given to the offender states a way in which the report must be made—in the stated way; or

(b)otherwise—

(i)in a way in which the report may be made stated in a reporting obligations notice given to the offender; or

(ii)in a way allowed under a regulation.

(2)If, under subsection (1)(a), a reportable offender is required to make a report in person, the offender must make the report at the place stated in a reporting obligations notice given to the offender as the place where the report must be made.

Note—

The place stated in the reporting obligations notice may be a police station.

(3)A police officer, or another person approved by the police commissioner, may receive a report made by a reportable offender.

26AReportable offender with disability may be assisted to make report

(1)This section applies if—

(a)a reportable offender is a person with disability; and

(b)because of the offender’s disability, it is impracticable for the offender to make a report the offender is required to make under this part.

(2)A parent, guardian or carer of the reportable offender, or another person nominated by the offender, may—

(a)if the offender is required to make the report in person—accompany the offender to the place where the offender is required to make the report; and

(b)make the report on the offender’s behalf.

16Amendment of s 28 (Receipt of information to be acknowledged)

Section 28(2)(c)(ii) to (iv)—
renumber as section 28(2)(c)(i) to (iii).

17Amendment of s 30 (Power to take fingerprints)

(1)Section 30(1)—
omit, insert—

(1)This section applies if a reportable offender makes a report under this part in person to a police officer.

(2)Section 30(2), after ‘The’—
insert—

police

18Amendment of s 33 (Reporting by remote offenders)

Section 33(1), from ‘from the’—
omit, insert—

from—

(a)the nearest police station; or

(b)the place stated in a reporting obligations notice given to the offender as the place where the offender is required to make a report under this part.

19Amendment of s 50 (Failure to comply with reporting obligations)

Section 50—
insert—

(5)If a reportable offender is convicted of an offence against subsection (1), the police commissioner may, by giving the offender a reporting obligations notice under section 54A(3), require the offender to report the unreported information to the commissioner.

(6)The unreported information is the personal details, change in personal details or other information the reportable offender was required to report under a reporting obligation the offender is convicted of failing to comply with.

(7)A reporting obligations notice mentioned in subsection (5) must state—

(a)the personal details, change in personal details or other information the offender is required to report; and

(b)the ways in which the offender is required to, or may, make the report; and

(c)that the offender must make the report—

(i)if the offender is sentenced to, and serves, a term of imprisonment for the offence—within 7 days after the offender is released from government detention for the offence; or

(ii)otherwise—within 7 days after being given the notice.

(8)Section 26 applies for making the report under subsection (5) as if the report were a periodic report.

(9)For subsection (1), a reportable offender’s reporting obligations include complying with the requirement imposed on the offender under subsection (5).

20Relocation and renumbering of s 51 (False or misleading information)

Section 51—
relocate to part 4AA, division 1, as inserted by this Act, and renumber as section 67FD.

21Relocation and renumbering of s 51A (Failing to comply with offender prohibition order)

Section 51A—
relocate to part 4AA, division 1, as inserted by this Act, and renumber as section 67FA.

22Amendment, relocation and renumbering of s 51B (Access information for digital devices)

(1)Section 51B(10), definition digital device, paragraph (a), after ‘electronically’—
insert—

by a person using the device

(2)Section 51B(10), definition digital device—
insert—

(c)does not include a device if the only information stored on or accessed from the device is stored or accessed automatically when the device is used or operated in the usual way.

Examples for paragraph (c)—

digital scales, a fridge with smart technology

(3)Section 51B(10), definition digital device—
relocate to schedule 5.

(4)Section 51B—
relocate to part 4AA, division 1, as inserted by this Act, and renumber as section 67FC.

23Relocation and renumbering of s 51C (Prohibition on disclosing protected information)

Section 51C—
relocate to part 4AA, division 1, as inserted by this Act, and renumber as section 67FE.

24Relocation and renumbering of s 52 (No time limit for prosecutions)

Section 52—
relocate to part 4AA, division 2, as inserted by this Act, and renumber as section 67FF.

25Amendment, relocation and renumbering of s 52A (Proceedings for an indictable offence)

(1)Section 52A(1), from ‘offence’ to ‘or 51C(3)’—
omit, insert—

indictable offence under this Act

(2)Section 52A—
relocate to part 4AA, division 2, as inserted by this Act, and renumber as section 67FG.

26Amendment, relocation and renumbering of s 52B (Limitation on who may summarily hear a proceeding for an indictable offence and the level of penalty)

(1)Section 52B, heading—
omit, insert—

52BConstitution of court and maximum penalty for indictable offences dealt with summarily

(2)Section 52B(1)—
omit, insert—

(1)A Magistrates Court that summarily deals with a charge of an indictable offence must be constituted by a magistrate.

(3)Section 52B—
relocate to part 4AA, division 2, as inserted by this Act, and renumber as section 67FH.

27Amendment of s 54 (Notice to be given to reportable offender)

(1)Section 54, heading, ‘Notice’—
omit, insert—

Initial notice

(2)Section 54(4)(b), ‘notice under subsection (5)’—
omit, insert—

reporting obligations notice

(3)Section 54(5)—
omit.

(4)Section 54(6) and (7)—
renumber as section 54(5) and (6).

28Insertion of new s 54A

After section 54—
insert—

54AReporting obligations notice

(1)As soon as practicable after an event mentioned in section 54(2) happens in relation to a reportable offender, the police commissioner must give the offender a written notice (a reporting obligations notice and also an initial reporting obligations notice) about—

(a)the offender’s reporting obligations; and

(b)the consequences that may arise if the offender fails to comply with the obligations.

(2)An initial reporting obligations notice must state—

(a)the police station or other place where the offender is required to make the offender’s initial report; and

(b)the ways in which the offender is required to, or may, make a periodic report; and

(c)if the notice states that the offender must make a periodic report in person—the police station or other place where the offender is required to make the report.

(3)The police commissioner may give a reportable offender a further notice about the offender’s reporting obligations (also a reporting obligations notice) at any other time.

(4)A reporting obligations notice under subsection (3) may state the following matters—

(a)the ways in which the offender is required to, or may, make—

(i)a periodic report; or

(ii)another report the offender is required to make under this part;

(b)if the notice states that the offender must make a report in person—the police station or other place where the offender is required to make the report;

(c)if the police commissioner decides to change the frequency of the offender’s periodic reports under section 19—when the offender is required to make periodic reports;

(d)if the police commissioner decides to require the offender to report changes in the offender’s personal details under section 19B—that the offender is required to report the changes in the offender’s personal details mentioned in section 19B(3);

(e)if the commissioner decides to require a reportable offender convicted of an offence against section 50(1) to report the unreported information under section 50(5)—the information stated in section 50(7).

(5)A reporting obligations notice applies to a reportable offender until—

(a)the offender’s reporting period ends; or

(b)the police commissioner gives the offender another reporting obligations notice under this section.

(6)A police officer is authorised to give a reporting obligations notice to a reportable offender on behalf of the police commissioner.

29Insertion of new pt 4AA

After part 4—
insert—

Part 4AA Offences and proceedings for offences

Division 1 Offences

Division 2 Proceedings for offences

30Amendment of s 67H (Application for internal review)

(1)Section 67H—
insert—

(1A)However, if the application is for an internal review of a decision to place on the register information that a person is a reportable offender who has been convicted of a device inspection offence, the application may only be made on the grounds that—

(a)the device inspection offence the reportable offender has been convicted of is a relevant offence; and

(b)a decision that the person committed the offence using an electronic communication network or digital device has been made in error.

(2)Section 67H—
insert—

(4)In this section—

relevant offence means an offence mentioned in the Police Powers and Responsibilities Act 2000, section 21B(5), definition device inspection offence—

(a)paragraph (b) or (d); or

(b)paragraph (f) that, if the offence had been committed in Queensland, would have constituted an offence mentioned in paragraph (b) or (d) of that definition.

(3)Section 67H(1A) to (4)—
renumber as section 67H(2) to (5).

31Amendment of s 68 (Child protection register)

(1)Section 68(2)—
insert—

(ea)whether the reportable offender is an offender who has been convicted of a device inspection offence;

Note—

See the Police Powers and Responsibilities Act 2000, section 21B for the power of a police officer to require a reportable offender who has been convicted of a device inspection offence to produce or otherwise make available for inspection each digital device in the reportable offender’s possession.

(2)Section 68(2)(ea) to (g)—
renumber as section 68(2)(f) to (h).

(3)Section 68—
insert—

(4)If information that a reportable offender is an offender who has been convicted of a device inspection offence is placed on the register, the police commissioner must give the offender a written notice that states that fact as soon as practicable after the information is placed on the register.

32Amendment of s 71 (Release of information to corresponding registrar)

(1)Section 71, heading, after ‘corresponding registrar’—
insert—

and Commonwealth agencies

(2)Section 71, from ‘to a corresponding’—
omit, insert—

to—

(a)a corresponding registrar for the purpose of a corresponding Act; or

(b)for the purpose of investigating or preventing a breach of this Act, an order under this Act or the commission of a prescribed offence—

(i)the Australian Border Force Commissioner; or

(ii)the secretary of the home affairs department; or

(iii)the commissioner of the Australian Federal Police.

33Amendment of s 73 (Reportable offender’s rights in relation to register)

(1)Section 73—
insert—

(2A)However, despite subsections (1) and (2), the police commissioner must not give the offender a copy of reportable information, or other information, held in the register that may identify a child with whom the offender has had reportable contact, other than—

(a)the first initial of the child’s first and last names; and

(b)the date of the reportable contact.

Note—

See schedule 2, item 6 for the reportable information held in the register about a child with whom the offender has had reportable contact.

(2)Section 73(4), ‘the request’—
omit, insert—

a request under subsection (4)

(3)Section 73(4A), ‘(3)’—
omit, insert—

(4)

(4)Section 73(2A) to (5)—
renumber as section 73(3) to (7).

34Amendment of s 74 (Review about entry on register)

(1)Section 74(1) to (3)—
omit, insert—

(1)A person may apply to the police commissioner to review—

(a)if the person believes that the person has been placed on the register in error, including, for example, because the police commissioner’s belief mentioned in section 9(a)(ii) is not a reasonable belief—the decision to place the person on the register; or

(b)if the person believes an error has been made in working out the length of the person’s reporting period—the decision about the length of the period.

(2)The application must be made—

(a)in writing; and

(b)within 28 days after the person is given an initial reporting obligations notice.

(2)Section 74(7)—
omit, insert—

(7)If the police commissioner otherwise changes a decision, the police commissioner must ensure the register is corrected to reflect the change.

Note—

See also sections 67G and 67H and schedule 4 in relation to review of a decision to place on the register information that a person is a reportable offender who has been convicted of a device inspection offence.

(3)Section 74(3A)—
renumber as section 74(3).

35Amendment of s 74E (Police Commissioner may give information to government and other entities)

(1)Section 74E(2), ‘written’—
omit.

(2)Section 74E—
insert—

(3)Information or notice under subsection (1) or (2) may be given orally or in writing.

36Amendment of s 74F (Disclosing information about offender prohibition orders)

(1)Section 74F(4), ‘written’—
omit.

(2)Section 74F—
insert—

(4A)Information or notice under subsection (2) or (4) may be given orally or in writing.

(3)Section 74F(5), ‘section 51C’—
omit, insert—

section 67FE

(4)Section 74F(4A) to (6)—
renumber as section 74F(5) to (7).

37Amendment of s 77 (Evidentiary provisions)

(1)Section 77(1)(a), after ‘information’—
insert—

, including information that a stated person was a reportable offender

(2)Section 77(3)—
insert—

(e)a stated person was given a stated reporting obligations notice by a stated police officer on a stated date.

(3)Section 77(4)—
omit, insert—

(4)In a proceeding under this Act—

(a)an affidavit by a stated process server stating the date, time and way the process server served a stated offender prohibition order on a stated person is evidence of the stated matters; and

(b)an affidavit by a stated police officer stating the date, time and way the police officer served a stated reporting obligations notice on a stated person is evidence of the stated matters.

38Amendment, relocation and renumbering of s 77E (Reasonable excuse defence)

(1)Section 77E, heading, after ‘defence’—
insert—

for contravening offender prohibition order

(2)Section 77E, ‘section 51A(1) or (4)’—
omit, insert—

section 67FA(1) or (4)

(3)Section 77E—
relocate to part 4AA, division 1, as inserted by this Act, and renumber as section 67FB.

39Insertion of new pt 7, div 7

Part 7—
insert—

Division 7 Transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023

95Definitions for division

In this division—

amending Act means the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023.

former, for a provision of this Act, means the provision in force from time to time before the commencement.

new, for a provision of this Act, means the provision in force from the commencement.

96Existing offender reporting orders

An offender reporting order made under former section 13 is taken to be an offender reporting order made under—

(a)for an order made against a person convicted of an offence that is not a prescribed offence—new section 12B; or

(b)for an order made against a person the subject of a forensic order—new section 12C.

97Existing applications for offender reporting order

(1)An application for an offender reporting order mentioned in former section 13(5)(b) is taken to be an application for an offender reporting order mentioned in new section 12E.

(2)This Act as in force from the commencement applies for hearing and deciding the application.

98Existing appeals against making of, or refusal to make, offender reporting order

(1)This section applies to an appeal under former section 13(6) or (7) started, but not decided, before the commencement.

(2)The court to which the appeal was made may continue to hear and decide the appeal as if the amending Act had not been enacted.

99Existing rights of appeal against making of, or refusal to make, offender reporting order

(1)This section applies if, immediately before the commencement—

(a)a person could have, but had not, started an appeal under former section 13(6) or (7); and

(b)the period within which the person could start the appeal had not ended.

(2)The person may, within the period mentioned in subsection (1)(b), start the appeal and the court to which the appeal is made may hear and decide the appeal as if the amending Act had not been enacted.

100Existing notices about reporting obligations given by police commissioner

(1)This section applies if, immediately before the commencement, a reportable offender’s reporting period had not ended.

(2)A notice given to the reportable offender by the police commissioner under former section 54(5) before the commencement is taken to be a reporting obligations notice given to the offender under new section 54A.

(3)If the notice is the first notice the police commissioner gave the reportable offender after an event mentioned in former section 54(2) happened, the notice is taken to be the initial reporting obligations notice given to the offender under new section 54A(1).

101Reporting offenders convicted of device inspection offences

(1)This section applies in relation to a person who, on the commencement, is a reportable offender who has been convicted of a device inspection offence.

(2)The police commissioner must ensure new section 68(2)(f) and (4) are complied with in relation to the reportable offender within 3 months after the commencement.

Note—

See new section 74(2) and (3) for the reportable offender’s right to apply for a review of the decision to place on the register information that the person is a reportable offender who has been convicted of a device inspection offence.

102Existing reviews about entry on register

(1)This section applies to a review under former section 74 started, but not decided, before the commencement.

(2)The police commissioner may continue to consider, and decide, the review under former section 74 as if the amending Act had not been enacted.

103Existing rights of review about entry on register

(1)This section applies if, immediately before the commencement—

(a)a person could have, but had not, applied to the police commissioner for a review under former section 74; and

(b)the period within which the person could apply for the review had not ended.

(2)The person may, within the period mentioned in subsection (1)(b), apply for the review and the police commissioner may consider and decide the review, under former section 74, as if the amending Act had not been enacted.

40Amendment of sch 2 (Personal details for reportable offenders)

(1)Schedule 2, item 9—
omit, insert—

9The make, model, colour and registration number of the following vehicles—

(a)any vehicle that the reportable offender—

(i)owns; or

(ii)has driven on at least 7 days within a 1-year period, whether or not the days are consecutive;

(b)any caravan or trailer—

(i)that the reportable offender generally resides in; or

(ii)that was attached to a vehicle driven by the reportable offender, if the offender has driven the vehicle on at least 7 days within a 1-year period, whether or not the days are consecutive.

(2)Schedule 2, item 15—
omit, insert—

15Details of either of the following used, or intended to be used, by the reportable offender, including passwords—

(a)an email address;

(b)for each account used, or intended to be used, by the offender to communicate through the internet or another electronic communication service—the unique name, number or other identifier used by an internet-based application or the electronic communication service to identify the user’s account with the application or service.

Examples of accounts used to communicate through the internet or another electronic communication service—

an instant messaging service, a chat room, a social networking site

(3)Schedule 2—
insert—

15ADetails of each digital device in the reportable offender’s possession, or that the offender has access to, including details of each software application stored on the device, or that can be accessed using the device, that is designed or used to hide—

(a)the identity or location of a person who administers, accesses or uses a network, computer, the device or another digital device; or

(b)information stored on a network, computer, the device or another digital device, including, for example, photographs, username and password combinations, and other software applications; or

(c)communication, including the exchange of information, between 2 or more persons using a network, computer, the device or another digital device; or

(d)the location of a network, computer, the device or another digital device.

Examples of software applications—

a password manager, a hidden digital vault, a virtual environment, software that encrypts, or encrypts and hides, information

41Amendment of sch 4 (Decisions subject to review)

Schedule 4—
insert—

section 19B(1)	decision of police commissioner to require reportable offender to report each change in the premises where the offender stays, or locality where the offender can generally be found
section 68(2)(f)	decision of police commissioner to place on the register information that a person is a reportable offender who has been convicted of a device inspection offence

42Amendment of sch 5 (Dictionary)

(1)Schedule 5, definitions offender reporting order and section 54 notice—
omit.

(2)Schedule 5—
insert—

Australian Border Force Commissioner means the Australian Border Force Commissioner under the Australian Border Force Act 2015 (Cwlth).

caravan or trailer means a vehicle without a motor—

(a)designed to be attached to, or towed by, another vehicle that is designed to be propelled by a motor; and

(b)whether or not the vehicle is attached to the other vehicle mentioned in paragraph (a).

child abduction offence means—

(a)an offence against the Criminal Code, section 354 involving the kidnap of a child; or

(b)an offence against the Criminal Code, section 363 or 363A.

device inspection offence see the Police Powers and Responsibilities Act 2000, section 21B(5).

hide, information or a thing, includes—

(a)delete or encrypt the information, or information about the information; and

(b)delete or encrypt information about the thing.

home affairs department means the department of the Commonwealth responsible for administering the Migration Act 1958 (Cwlth).

initial reporting obligations notice see section 54A(1).

network—

(a)means a network of computers or other devices, whether or not part of the internet; and

(b)includes part of a network of computers or other devices.

offender reporting order—

(a)see section 12A; and

(b)includes a corresponding reporting order.

reporting obligations notice see section 54A(1) and (3).

social networking site includes an internet-based application designed to be used, and used, by users of the application—

(a)for social networking or to make social connections with other users of the application; and

(b)to share user-generated content with other users of the application.

vehicle includes—

(a)a vehicle designed to be propelled by a motor that forms part of the vehicle, even if the vehicle is not capable of being used, including, for example, because the vehicle is mechanically defective or part of the vehicle has been removed or is missing; and

(b)a caravan or trailer.

43Regulation amended

This part amends the Child Protection (Offender Reporting and Offender Prohibition Order) Regulation 2015.

44Replacement of ss 3–5

Sections 3 to 5—
omit, insert—

3Corresponding reportable offender defined—Act, s 7

For section 7(c) of the Act, a person is a corresponding offender if, because of being sentenced by a court for an offence committed in respect of a child or a person the offender believed was a child, the person is—

(a)a registrable offender under the Crimes (Child Sex Offenders) Act 2005 (ACT); or

(b)a registrable person under the Child Protection (Offenders Registration) Act 2000 (NSW); or

(c)a reportable offender under the Child Protection (Offender Reporting and Registration) Act 2004 (NT); or

(d)a registrable offender under the Child Sex Offenders Registration Act 2006 (SA); or

(e)a reportable offender under the Community Protection (Offender Reporting) Act 2005 (Tas); or

(f)a registrable offender under the Sex Offenders Registration Act 2004 (Vic); or

(g)a reportable offender under the Community Protection (Offender Reporting) Act 2004 (WA); or

(h)required to report to a corresponding registrar in a jurisdiction outside Australia.

4How nominated person may be contacted for report required under corresponding Act—Act, s 16

(1)For section 16(2)(b) of the Act, the following ways are prescribed—

(a)in person;

(b)by mail addressed as follows—

The Registrar
Child Protection Offender Registry
GPO Box 1440
Brisbane Qld 4000

(c)by email to an email address approved under subsection (2);

(d)in another way for making contact stated on the Queensland Police Service website.

(2)The police commissioner may approve an email address for making contact.

(3)Contact made by mail to the address mentioned in subsection (1)(b) is taken to have been made on the date stated on the postmark on the mailed contact.

5How reports must be made—Act, ss 21 and 26

(1)For sections 21(3) and 26(1)(b)(ii) of the Act, the following ways for making a report are allowed—

(a)by telephone to a telephone number approved under subsection (2);

(b)by mail addressed as follows—

The Registrar
Child Protection Offender Registry
GPO Box 1440
Brisbane Qld 4000

(c)by email to an email address approved under subsection (2);

(d)by using an electronic system approved under subsection (2);

Examples of an electronic system—

an automated kiosk or an online system accessed through a secure website administered by the Queensland Police Service

(e)in another way for making the report stated on the Queensland Police Service website.

(2)The police commissioner may approve a telephone number, email address or electronic system for making a report.

(3)A telephone number, email address or electronic system approved under subsection (2) must be stated on a reporting obligations notice given to a reportable offender under section 54A of the Act.

(4)A report made by mail to the address mentioned in subsection (1)(b) is taken to have been made on the date stated on the postmark on the mailed report.

45Omission of ss 6–8

Sections 6 to 8—
omit.

46Amendment of s 13 (Who must give notice to reportable offender—Act, s 54(3))

(1)Section 13, heading, ‘(3)’—
omit.

(2)Section 13(1)—
insert—

(ca)for a reportable offender who is in detention under the Migration Act 1958 (Cwlth)—the secretary of the home affairs department;

(3)Section 13(1)(ca) and (d)—
renumber as section 13(1)(d) and (e).

47Amendment of s 16 (Definition of corresponding Act)

Section 16—
insert—

(h)a law of a jurisdiction outside Australia under which persons are required to report to a corresponding registrar because of being sentenced by a court for an offence against a law of that jurisdiction committed in respect of a child or a person the offender believed was a child.

47AAct amended

This part amends the Mental Health Act 2016.

47B Amendment of ch 21, hdg

Chapter 21, heading, after ‘transitional’—
insert—

and validation

47CInsertion of new ch 21, pt 3

Chapter 21—
insert—

Part 3 Appointments and validation

873Appointments to Mental Health Court and validation

(1)This section applies in relation to the appointments of a person, in effect on the commencement of this section, to be a member and the president of the Mental Health Court (the current appointments).

(2)The period of each of the person’s current appointments is taken to include, and to have always included, the period from 14 February 2023 to 29 June 2023 (the relevant period).

(3)Subsection (2) applies despite anything stated in an instrument under which a current appointment was made or under which the person was continued in office.

(4)Anything done under this Act or another law during the relevant period has the same effect, and is taken to have always had the same effect, as it would have had if the person had been appointed to be a member and the president of the Mental Health Court, for the relevant period, before the start of the relevant period.

(5)Without limiting subsections (2) and (4), an exercise of jurisdiction by the person during the relevant period is as valid as it would be, and is taken to have always been as valid as it would have been, if the person had been appointed to be a member and the president of the Mental Health Court, for the relevant period, before the start of the relevant period.

(6)In this section—

exercise of jurisdiction means an exercise of the jurisdiction conferred on the Mental Health Court, or of the powers and functions conferred on a member of the court or the president of the court, under this Act or another law.

47DAct amended

This part amends the Mineral Resources Act 1989.

47EInsertion of new ch 12, pt 4C

Chapter 12—
insert—

Part 4C Provisions about Byerwen mine

334ZJL Definitions for part

In this part—

accommodates, in relation to a worker, see section 334ZJM.

Byerwen mine means the mine that is the subject of the Byerwen mine project.

Byerwen mine project means each of the following mining leases—

(a)ML700066;

(b)the mining leases mentioned in section 334ZJO(1);

(c)any mining lease granted for a mining lease application mentioned in section 334ZJP(1);

(d)any other mining lease, if the authorised activities for the lease are or will be carried out as a single integrated operation with the authorised activities for the leases mentioned in paragraphs (a) to (c).

Glenden means the area within the following boundary—

•starting at 21.33975° south, 148.10430° east

•to 21.33583° south, 148.12047° east

•to 21.34802° south, 148.12885° east

•to 21.36431° south, 148.13596° east

•to 21.36439° south, 148.10035° east

•to the starting point.

Note—

The area includes the population centre of Glenden entered in the Gazetteer under the Place Names Act 1994.

ML700066 means the mining lease granted under section 334ZJN(2) while the lease is in effect.

rostered worker means a worker subject to a roster period within the meaning of section 334ZJM.

worker means a coal mine worker within the meaning of the Coal Mining Safety and Health Act 1999 who carries out work at the Byerwen mine.

334ZJM Meaning of accommodate

(1)The holder of a mining lease accommodates a worker at a place if the holder—

(a)provides a residential dwelling for the worker at the place; or

(b)provides a bed for the worker, in premises other than a residential dwelling, at the place during a roster period for the worker.

(2)In this section—

roster period, in relation to a worker, means a period of consecutive days in a roster cycle during which the worker is scheduled to work shifts at the Byerwen mine.

Example—

for a week-on/week-off roster—each week the worker is scheduled to work shifts

334ZJN Grant of mining lease ML700066

(1)This section applies to mining lease application 700066 for a mining lease for infrastructure associated with, arising from or promoting the activity of mining for the Byerwen mine.

(2)On the commencement, the mining lease is, by operation of this section, granted.

(3)The mining lease granted under subsection (2)—

(a)expires on 31 March 2030; and

(b)can not be renewed; and

(c)can not be consolidated with another mining lease.

(4)The mining lease is subject to the following conditions—

(a)the holder must accommodate at least the following number of workers in Glenden—

(i)for the period starting on 31 March 2025 and ending on 30 March 2026—10% of the workers at any time;

(ii)for the period starting on 31 March 2026 and ending on 30 March 2027—25% of the workers at any time;

(iii)for the period starting on 31 March 2027 and ending on 30 March 2028—50% of the workers at any time;

(iv)for the period starting on 31 March 2028 and ending on 30 March 2029—75% of the workers at any time;

(b)for a period mentioned in paragraph (a), workers who are not accommodated in Glenden must be accommodated on the area of the mining lease;

(c)from 31 March 2029, the holder must accommodate all workers in Glenden;

(d)for each of the conditions mentioned in paragraphs (a) and (c)—

(i)at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and

(ii)if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden;

(e)from 31 March 2029, the holder must not carry out an activity on the area of the lease other than an activity related to decommissioning of infrastructure, structures or equipment on the area;

(f)the holder must give the Minister a report, by 1 July in each year from 2024 to 2029, that—

(i)is in the form approved by the Minister; and

(ii)includes the information prescribed by regulation about the holder’s compliance with paragraphs (a) to (d).

(5)Subsection (4) does not limit section 276.

(6)This Act, other than sections 286 to 288, applies in relation to the mining lease as if, on the day of the commencement—

(a)the lease had been granted by the Minister under section 271A; and

(b)the conditions mentioned in subsection (4) had been lawfully imposed by the Minister under section 276(1)(n).

(7)However, a condition mentioned in subsection (4) may be varied under section 294 only—

(a)to change 1 or more of the dates mentioned in subsection (4)(a), other than the end date of the period mentioned in subsection (4)(a)(iv); and

(b)if the Minister has considered the advice of the Coordinator-General before making the variation.

(8)To remove any doubt, it is declared that this section applies despite any noncompliance with a provision of this Act in relation to the application mentioned in subsection (1), including the mining lease notice issued for the application.

(9)In this section—

Coordinator-General see the State Development and Public Works Organisation Act 1971, schedule 2.

334ZJO Variation of particular mining leases

(1)This section applies to mining leases 70434, 70435, 70436 and 700058.

(2)On the commencement, each mining lease is varied to include the following conditions—

(a)from the commencement, the holder must accommodate all workers either—

(i)in Glenden; or

(ii)on the area of ML700066 in compliance with the conditions mentioned in section 334ZJN(4)(a) to (c);

(b)for the condition mentioned in paragraph (a)—

(i)at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and

(ii)if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden.

(3)The conditions under subsection (2) apply—

(a)despite section 234(1); and

(b)in addition to any existing conditions of each mining lease.

(4)This Act applies to the variation of each mining lease under subsection (2) as if the variation had been made by the Minister under section 294(1) on the day of the commencement.

(5)However, the conditions mentioned in subsection (2) can not be varied under section 294.

334ZJP Deciding particular applications

(1)This section applies in relation to—

(a)mining lease applications 10355, 10356, 10357 and 10374; and

(b)any other application for the grant or renewal of a mining lease for the Byerwen mine project, including the grant of a mining lease consolidating other mining leases, if—

(i)the application was made, but not decided, before the commencement; or

(ii)the application is made after the commencement.

(2)However, this section does not apply in relation to the application mentioned in section 334ZJN(1).

(3)If the Minister decides to grant or renew the mining lease under section 271A, 286A or 299, the mining lease is granted or renewed subject to the following conditions—

(a)the holder must accommodate all workers either—

(i)in Glenden; or

(ii)on the area of ML700066 in compliance with the conditions mentioned in section 334ZJN(4)(a) to (c);

(b)for the condition mentioned in paragraph (a)—

(i)at least 30% of the workers accommodated in Glenden must be accommodated in a residential dwelling; and

(ii)if subparagraph (i) is satisfied and the number of rostered workers is insufficient to enable the condition to be satisfied—the condition is taken to be satisfied if all rostered workers are accommodated in Glenden.

(4)Subsection (3) does not limit section 276.

(5)The conditions mentioned in subsection (3) can not be varied under section 294.

334ZJQ No compensation payable by the State

(1)No compensation is payable by the State to any person in connection with the enactment or operation of this part, or anything done to give effect to this part, other than as required under sections 279 and 280.

(2)This section applies despite any other Act or law.

47FAmendment of sch 2 (Dictionary)

Schedule 2—
insert—

accommodates, in relation to a worker, for chapter 12, part 4C, see section 334ZJM.

Byerwen mine, for chapter 12, part 4C, see section 334ZJL.

Byerwen mine project, for chapter 12, part 4C, see section 334ZJL.

Glenden, for chapter 12, part 4C, see section 334ZJL.

ML700066, for chapter 12, part 4C, see section 334ZJL.

rostered worker, for chapter 12, part 4C, see section 334ZJL.

worker, for chapter 12, part 4C, see section 334ZJL.

48Act amended

This part amends the Police Powers and Responsibilities Act 2000.

49Amendment of s 21A (Power to enter for Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004)

(1)Section 21A, heading—
omit, insert—

21A Power to enter residence of reportable offender

(2)Section 21A(1), from ‘resides to’—
omit, insert—

resides—

(a)to verify the offender’s personal details reported by the offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004; or

(b)to carry out an inspection under section 21B.

50Replacement of s 21B (Power to inspect digital devices for the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004)

Section 21B—
omit, insert—

21B Power to demand production of and inspect digital devices in possession of reportable offender

(1)This section applies in relation to a reportable offender if—

(a)in the last 3 months, the reportable offender was—

(i)released from government detention; or

(ii)sentenced to a supervision order; or

(b)the reportable offender has been convicted of a device inspection offence; or

(c)a device inspection order is made for the reportable offender under section 21C.

(2)A police officer may—

(a)require the reportable offender to produce, or otherwise make available, for inspection each digital device in the reportable offender’s possession; and

(b)inspect a digital device in the reportable offender’s possession.

(3)However, a police officer may not carry out an inspection in relation to a reportable offender in the circumstances mentioned in subsection (1)(b)—

(a)unless the offender has been given a notice under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, section 68(4); or

(b)if at least 4 inspections have been carried out under this section in relation to the offender within the previous 12 months.

(4)For subsection (3)(b), each occasion on which a police officer inspects 1 or more digital devices counts as 1 inspection.

(5)In this section—

device inspection offence means—

(a)an offence against any of the following provisions of the Criminal Code—

•section 218A

•section 228DA

•section 228DB; or

(b)an offence against any of the following provisions of the Criminal Code if the offence was committed using an electronic communication network or digital device—

•section 218B

•section 228B

•section 228C

•section 228D

•section 229B; or

(c)an offence against any of the following provisions of the Criminal Code (Cwlth)—

•section 474.22

•section 474.23

•section 474.23A

•section 474.25A

•section 474.25C

•section 474.26

•section 474.27

•section 474.27AA

•section 474.27A; or

(d)an offence against any of the following provisions of the Criminal Code (Cwlth) if the offence was committed using an electronic communication network or digital device—

•section 271.4

•section 271.7

•section 273.6

•section 273.7; or

(e)an offence against either of the following provisions of the Criminal Code (Cwlth), as in force from time to time before being repealed by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)—

•section 474.19

•section 474.20; or

(f)an offence against a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a), (b), (c), (d) or (e).

digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

electronic communication network means a network, or part of a network, of computers or other devices (whether or not part of the internet) that is, or can be, used for electronic communication or the electronic exchange of information.

government detention see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

inspect, a digital device, includes inspect the digital device using software.

supervision order see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

21C Magistrate may make device inspection order for reportable offender

(1)This section applies if, in relation to a reportable offender, the circumstances mentioned in section 21B(1)(a) and (b) do not apply.

(2)A police officer may apply to a magistrate for an order (a device inspection order) authorising a police officer, on a stated day or on 1 day during a stated period, to inspect any digital devices in the possession of a reportable offender.

(3)The magistrate may make the device inspection order if satisfied there is an elevated risk that the reportable offender will engage in conduct that may constitute a reportable offence against, or in relation to, a child or children.

(4)In this section—

digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

reportable offence see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

21D Offence to contravene requirement to produce digital device

(1)A reportable offender commits a crime if the reportable offender, without reasonable excuse, contravenes a requirement under section 21B(2)(a).

Maximum penalty—300 penalty units or 5 years imprisonment.

(2)It is not a reasonable excuse for the reportable offender to contravene the requirement that complying with it would tend to incriminate the person.

50AAmendment of s 46 (When power applies to behaviour)

Section 46(5)—
omit.

50BInsertion of new ch 2, pt 8

Chapter 2—
insert—

Part 8 Power to detain particular intoxicated persons

53BO Other police powers not affected

Nothing in this part affects the power of a police officer, under this Act or another Act, to take action in relation to a person who is intoxicated.

53BP Detaining intoxicated persons

(1)A police officer may detain a person who is in a public place if the officer is satisfied—

(a)the person is intoxicated; and

(b)it is necessary to detain the person because the person is—

(i)behaving in a way that—

(A)is disorderly, offensive, threatening or violent; and

(B)is likely to interfere with the peaceful passage through, or enjoyment of, the public place by a member of the public; or

(ii)behaving in a way that is likely to risk the life, health or safety of any person, including, for example, the person to be detained; or

(iii)incapable of preserving the person’s own life, health or safety.

(2)A police officer must release the person from detention under this part on the earlier of the following—

(a)the officer being satisfied the person is no longer intoxicated;

(b)8 hours elapsing after the person is first detained under this part.

(3)Also, a police officer may release the person from detention under this part if the officer is satisfied it is appropriate to do so.

53BQ Transporting detained persons

(1)This section applies if a person is detained under section 53BP.

(2)A police officer may transport the person to, and release the person at, a place of safety if—

(a)for a place of safety where there is a person apparently in charge of the place—the person apparently in charge of the place agrees, verbally or in writing, to provide care for the person at the place; and

(b)the police officer is satisfied the person’s behaviour or presence does not pose a risk of harm to any person at the place, including, for example, harm caused by domestic violence.

(3)Subsection (4) applies if—

(a)after making reasonable enquiries, a police officer is unable to find a place of safety located within a reasonable distance from where the person is detained; or

(b)a police officer is unable to transport and release the person under subsection (2).

(4)The police officer may—

(a)transport the person to a police station or watch-house; and

(b)continue to detain the person at the police station or watch-house, subject to section 53BP(2) and (3).

(5)To remove any doubt, it is declared that nothing in this section requires a person who is released at a place of safety to remain at the place.

50CAmendment of s 244 (Matters to be taken into account)

Section 244—
insert—

(3)For subsection (1)(g)(iii), the following conduct does not involve the commission of a sexual offence against a person—

(a)possessing, distributing or editing material that depicts a sexual offence;

Example—

administering a website or chat group used by members to share materials that depict sexual offences

(b)producing material that appears to depict a sexual offence provided the material does not depict a real person;

Examples—

•the use of artificial intelligence to fabricate material depicting a sexual offence

•altering material to change the appearance of a person or conduct depicted in the material

(c)communicating with a person suspected of—

(i)committing, or having committed, a sexual offence; or

(ii)seeking to commit a sexual offence; or

(iii)offering to engage in conduct that would constitute a sexual offence; or

(iv)enabling another person to engage in conduct that would constitute a sexual offence.

(4)In this section—

chat group means a group of persons using electronic communication to communicate within the group, regardless of whether the service used for the communication is intended to be primarily used for that purpose.

Examples of services used to host chat groups—

instant messaging services, email or computer games

distributing see the Criminal Code, section 207A, definition distribute.

material see the Criminal Code, section 207A.

50DOmission of s 378 (Additional case when arrest for being intoxicated in a public place may be discontinued)

Section 378—
omit.

50EAmendment of s 394 (Duty of police officer receiving custody of person arrested for offence)

(1)Section 394(2)(c)—
omit.

(2)Section 394(3), ‘section 378 or’—
omit.

50FAmendment of s 442 (Application of ch 16)

(1)Section 442—
insert—

(ea)is detained under chapter 2, part 8; or

(2)Section 442(ea) and (f)—
renumber as section 442(f) and (g).

50GAmendment of s 444 (Powers relating to thing taken from person taken to place of safety)

(1)Section 444(1), ‘378’—
omit, insert—

53BQ(2)

(2)Section 444(2)(c), ‘in possession or’—
omit.

50HAmendment of s 602C (Police officer may give initial police banning notice)

Section 602C(3)(a), examples, sixth dot point—
omit, insert—

•urinating or wilfully exposing genitals in contravention of the Summary Offences Act 2005, section 7 or 9

50IAmendment of s 602G (How police banning notices may be given)

Section 602G(1)(a)—
omit, insert—

(a)by—

(i)for an initial police banning notice—personally serving the notice on the respondent; or

(ii)for an extended police banning notice—serving the notice on the respondent; or

50JAmendment of s 604 (Dealing with persons affected by potentially harmful things)

Section 604(2), from ‘place, other’—
omit, insert—

place of safety.

50KAmendment of s 605 (Duties in relation to person detained under s 604)

(1)Section 605(1), example—
omit.

(2)Section 605(2) to (6)—
omit, insert—

(2)However, subsection (1) does not apply if—

(a)after making reasonable enquiries, the police officer is unable to find a place of safety located within a reasonable distance from where the person is detained; or

(b)there is a person apparently in charge of the place of safety and the person does not agree to provide care for the person; or

(c)the police officer is satisfied the person’s behaviour or presence poses a risk of harm to any person at the place of safety, including, for example, harm caused by domestic violence.

(3)If subsection (1) does not apply because of subsection (2), the person must be released.

(4)As soon as practicable after a person is released under subsection (1) or (3), the police officer must enter in a register kept for this section the particulars prescribed by regulation.

(5)To remove any doubt, it is declared that nothing in this section requires a person who is released at a place of safety to remain at the place.

50LOmission of ss 606 and 607

Sections 606 and 607—
omit.

50MAmendment of s 640 (Transfer of persons in watch-houses)

Section 640—
insert—

(2)A failure of a watch-house manager to provide procedural fairness to a child transferred under subsection (1)(a) or (b) does not affect the validity of the decision to transfer the child.

(3)For the purposes of the Human Rights Act 2019, section 43(1), it is declared that subsection (1)(a) and (b) has effect in relation the transfer of a child—

(a)despite being incompatible with human rights; and

(b)despite anything else in the Human Rights Act 2019.

(4)This subsection and subsections (3) and (5) expire on 31 December 2026.

(5)A regulation may postpone the expiry of this subsection and subsections (3) and (4) but can not postpone the expiry for more than 1 year after 31 December 2026.

50N Insertion of new s 792B

After section 792A—
insert—

792B Meaning of place of safety

(1)A place of safety for a person who is intoxicated or who has ingested or inhaled a potentially harmful thing is—

(a)if the person requires medical attention only available at a hospital—a hospital; or

(b)otherwise—a place, other than a police station or watch-house, at which the person can recover safely from the effects of being intoxicated or the potentially harmful thing.

Examples—

•a place, other than a hospital, that provides care for persons who are intoxicated or who have ingested or inhaled the potentially harmful thing

•a place where the person is living, whether on a temporary or permanent basis

•a place where a relative or friend of the person is living, whether on a temporary or permanent basis

(2)Despite subsection (1)(b), a place mentioned in that paragraph is not a place of safety if there is a risk of an act of domestic violence being committed by, or against, the person while at the place.

(3)A vehicle, other than a police vehicle, is a place of safety if the vehicle is used to safely transport the person to a place mentioned in subsection (1).

51Amendment of s 808A (Annual report about use of device inspection powers)

(1)Section 808A, heading, after ‘device’—’
insert—

production and

(2)Section 808A(2)(b)(i), ‘under’—
omit, insert—

in the circumstances mentioned in

52Insertion of new ch 24, pt 24

Chapter 24—
insert—

Part 24 Validation and transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023

Division 1 Preliminary

893Definition for part

In this part—

former, for a provision of this Act, means the provision as in force immediately before the commencement.

Division 2 Validation provisions

894Refined limitations on controlled operations does not affect past operations

(1)This section applies to a controlled operation involving conduct mentioned in section 244(3) if authorised by the chief executive officer under section 243 before the commencement.

(2)It is declared that nothing in section 244(1)(g)(iii) prevented the controlled operation being granted authority by the chief executive officer under section 243.

(3)To remove any doubt, it is declared that the authority to conduct the controlled operation, and anything done in reliance on the authority, is, and is taken to have always been, as valid as if section 244(3) had been in force at the time of the authorisation or conduct.

895 Validation of giving of particular extended police banning notices

(1)This section applies in relation to an extended police banning notice that was, before the commencement, given to a person by sending the notice to the person by post.

(2)The giving of the extended police banning notice to the person is, and is taken to have always been, as valid as it would have been if, at the time the notice was given to the person, new section 602G was in force.

(3)Anything done as a result of the giving of the extended police banning notice to the person is, and is taken to have always been, as valid as it would have been if, at the time the notice was given to the person, new section 602G was in force.

(4)In this section—

given includes purported to be given.

new section 602G means section 602G as in force from the commencement.

Division 3 Transitional provisions

896Continued application of former ss 378 and 394

(1)This section applies if, on the commencement, a person is under arrest for being intoxicated in a public place.

(2)For the purpose of the arrest, former sections 378 and 394 continue to apply as if the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023 had not commenced.

897Continued application of former ss 604 and 605

(1)This section applies if, on the commencement, a person is being detained under section 604(3).

(2)For the purpose of the detention, former sections 604 and 605 continue to apply as if the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023 had not commenced.

53Amendment of sch 2 (Relevant offences for controlled operations and surveillance device warrants)

(1)Schedule 2, section 4, seventh, eighth and ninth dot points—
omit.

(2)Schedule 2, section 5—
omit.

54Amendment of sch 5 (Additional controlled activity offences)

Schedule 5, section 9—
omit.

55Amendment of sch 6 (Dictionary)

(1)Schedule 6—
insert—

place of safety see section 792B.

(2)Schedule 6, definition enforcement act—
insert—

(y)the detention of a person under chapter 2, part 8.

56Regulation amended

This part amends the Police Powers and Responsibilities Regulation 2012.

57Amendment of s 16 (Prescribed particulars—Act, s 605(6))

Section 16, ‘605(6)’—
omit, insert—

605(4)

58Amendment of sch 9 (Responsibilities code)

Schedule 9, after section 53D—
insert—

53EDetention of person under Act, ch 2, pt 8—Act, s 679(1)

The following information about the detention of a person under chapter 2, part 8 of the Act must be included in the register of enforcement acts—

(a)the name of the person, if known;

(b)the time the person was detained;

(c)where the person was detained;

(d)if the person was transported to, and detained at, a police station or watch-house—the reason why the person was transported to, and detained at, the police station or watch-house;

(e)any apparent injury the person received during the detention.

59Act amended

This part amends the Police Service Administration Act 1990.

60Amendment of pt 11, hdg (Transitional and declaratory provisions)

Part 11, heading, ‘and declaratory’—
omit, insert—

, declaratory and validating

61Insertion of new pt 11, div 16

Part 11—
insert—

Division 16 Transitional and validation provisions inserted under Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023

11.44 Definitions for division

In this division—

affected referral means a referral to which this division applies under section 11.45.

disciplinary sanction see section 7.34.

professional development strategy see section 7.3.

subject officer see section 11.45(1)(a).

11.45 Application of division

(1)This division applies if—

(a)the commissioner referred a complaint about a police officer (the subject officer) under section 7.10 on or after 30 October 2019 but before 8 March 2023; and

(b)the referral mentioned in paragraph (a) was not properly made.

(2)For this division, a referral was not properly made if—

(a)the referral did not specify a particular prescribed officer as the entity to whom the referral was made; or

(b)the referral specified a particular prescribed officer as the entity to whom the referral was made but another officer purported to act as the prescribed officer; or

(c)the referral did not specify a particular prescribed officer by name and rank.

(3)A reference in subsection (1) to having referred a complaint about a police officer under section 7.10 includes a reference to purportedly having done so.

11.46 Validation of affected referrals and subsequent action

(1)An affected referral, and anything else done under this Act or another law in relation to the referral (subsequent action), is, and is taken to have always been, as valid as it would be or would have been if the referral had been properly made.

Examples of subsequent action—

•starting a disciplinary proceeding

•accepting a proposed disciplinary sanction under section 7.21

•imposing a disciplinary sanction or professional development strategy

(2)Subsection (1) applies for all purposes, including a legal proceeding started before the commencement.

(3)To remove any doubt, it is declared that—

(a)an affected referral and subsequent action is taken to have had effect from the day the referral or action would have had effect if the referral had been properly made; and

(b)subject to this division, a disciplinary proceeding related to the affected referral may be commenced, continued or concluded under part 7; and

(c)a disciplinary sanction, or professional development strategy, imposed on the subject officer because of the affected referral is, and is taken to have always been, as valid as it would be or would have been if the referral had been properly made.

(4)No compensation is payable to a person because of the operation of this section.

11.47 Demotions and suspensions affected by validation

(1)This section applies if—

(a)the imposition of a disciplinary sanction on the subject officer is, as subsequent action, validated under section 11.46; and

(b)the disciplinary sanction is the demotion or suspension of the subject officer.

(2)The performance of duties by the subject officer during the period of the demotion or suspension, and anything else done under this Act or another law in relation to the officer’s performance of those duties has the same effect, and is taken to have always had the same effect, as it would have had if the officer had not been demoted or suspended at the relevant time.

(3)Subsection (2) applies for all purposes, including a legal proceeding started before the commencement.

(4)A reference in subsection (2) to the performance of duties includes a reference to the purported performance of duties.

(5)In this section—

duties includes—

(a)higher duties performed by an officer; and

(b)the exercise of a power, or authorisation of an action, by an officer under the Police Powers and Responsibilities Act 2000 or another law.

higher duties, performed by an officer, means the duties performed by the officer because of a rank held by the officer on a temporary basis.

11.48 New period for starting disciplinary proceedings

(1)This section applies if—

(a)a disciplinary proceeding related to an affected referral had not been started under part 7 before the commencement; and

(b)the disciplinary proceeding can not be started because of a time restriction under section 7.12.

(2)Despite section 7.12, the disciplinary proceeding may be started within 28 days after the commencement.

(3)Before starting the disciplinary proceeding, the commissioner may specify a new prescribed officer as the entity to whom the affected referral was made, regardless of whether a prescribed officer was properly specified for the referral when first made.

11.49 Continuation of interrupted disciplinary proceedings

(1)This section applies if, before the commencement, a disciplinary proceeding related to an affected referral was started, but not finally dealt with, under part 7.

(2)The disciplinary proceeding may be continued by the prescribed officer repeating the last action taken by the officer under part 7, division 3 or 4.

Example—

If the last action taken by the prescribed officer was to give the subject officer a proposed sanction notice under section 7.28(2), the disciplinary proceeding may be continued by the prescribed officer giving the subject officer a new proposed sanction notice under section 7.28(2).

(3)For subsection (2), a reference to the last action taken by the prescribed officer includes a reference to the last action taken by the officer who purported to be the prescribed officer for the disciplinary proceeding.

(4)Before continuing the disciplinary proceeding, the commissioner may specify a new officer as the prescribed officer to whom the affected referral was made, regardless of whether a prescribed officer was properly specified for the referral when first made.

11.50 Right to review by tribunal

(1)This section applies if, on or after 15 June 2022, a subject officer was given a QCAT information notice for a disciplinary decision relating to an affected referral, unless—

(a)the officer applied to the tribunal for a review of the decision; and

(b)the tribunal made a decision on the application concluding the review.

(2)Within 14 days after the commencement, the commissioner must give the subject officer and the CCC a new QCAT information notice for the disciplinary decision.

(3)Subsection (4) applies if, after receiving the new QCAT information notice, the subject officer applies to the tribunal for a review of the disciplinary decision.

(4)For the purpose of the tribunal reviewing the disciplinary decision, the Crime and Corruption Act 2001, chapter 5, part 3 applies with the following changes—

(a)the subject officer is taken to be the aggrieved person;

(b)the disciplinary decision is taken to be the reviewable decision;

(c)the application for the review must be made within 28 days after the subject officer is given the QCAT information notice under subsection (2).

(5)Also, the tribunal must have regard to the action, if any, taken by the commissioner under section 11.51(2) or (7) in relation to the disciplinary decision.

(6)The giving of a QCAT information notice under subsection (2) does not affect the day the disciplinary decision has effect under section 11.46.

(7)No application fee is payable by the subject officer if, before the commencement, the officer paid an application fee for a review by the tribunal of the same disciplinary decision.

(8)In this section—

application fee means the fee payable under the QCAT Act, section 38 for an application for review by the tribunal of a disciplinary decision.

disciplinary decision means a decision made under section 7.27(2) or 7.30(2).

11.51 Remedial action by commissioner

(1)This section applies if the imposition of a disciplinary sanction or professional development strategy on a subject officer is, as subsequent action, validated under section 11.46.

(2)The commissioner must take all action (remedial action) necessary to impose the disciplinary sanction or professional development strategy from the day it has effect under section 11.46.

(3)Without limiting subsection (2), the commissioner may take the following remedial action—

(a)recover an amount paid to the subject officer that would not have been paid had the disciplinary sanction had effect before the commencement;

(b)exercise the powers of a prescribed officer in imposing the disciplinary sanction under part 7, division 5, including, for example, imposing conditions on probation;

(c)if the disciplinary sanction imposed on the subject officer is a fine—recover the fine in accordance with section 7.40.

(4)An amount may be recovered under subsection (3)(a) by—

(a)deducting the amount from the subject officer’s fortnightly salary; or

(b)recovering the amount from the subject officer as a debt payable to the State.

(5)A deduction mentioned in subsection (4)(a) must not be made at a rate of more than 2 penalty units each fortnight without the written consent of the subject officer.

(6)Subsection (3)(a) does not apply to amounts paid to the subject officer for duties actually performed by the officer.

Examples—

•amounts paid to the subject officer for performing the duties of a sergeant during a period after the officer is taken to have been demoted to a senior constable

•amounts paid to the subject officer for working during the period for which the officer is taken to have been suspended

(7)Despite subsection (2), the commissioner may refrain from taking any or all remedial action if the commissioner is satisfied—

(a)taking the action would cause excessive hardship to the subject officer; and

(b)refraining from taking the action because of the excessive hardship is in the public interest.

(8)The commissioner may only delegate the commissioner’s power under subsection (7) to a police officer of the rank of deputy commissioner.

(9)To remove any doubt, it is declared that the commissioner may act under subsection (7) even if that action would, in effect, negate the imposition of the disciplinary sanction.

11.52 Notice before taking remedial action

(1)This section applies if the commissioner proposes to take remedial action in relation to the subject officer under section 11.51.

(2)Before taking the remedial action, the commissioner must give the subject officer a written notice stating the following information—

(a)the remedial action proposed to be taken;

(b)the day the remedial action is proposed to begin;

(c)that, if the officer believes the remedial action would cause the officer excessive hardship, the officer may, within the response period, give the commissioner a written submission about the hardship.

(3)If the subject officer makes a written submission mentioned in subsection (2)(c) within the response period, the commissioner must consider the submission before taking the remedial action.

(4)In this section—

response period, for a written notice given to a subject officer under subsection (2), means the period of 21 days after the notice is given to the officer.

11.53 Division not affected by other action

(1)This division applies regardless of—

(a)any direction given by the commissioner to the subject officer before the commencement because of the complaint for the affected referral; or

(b)any action taken against the subject officer before the commencement, under this Act or another Act, because of the complaint for the affected referral.

(2)Any of the following notices given to the subject officer by the commissioner or a superior officer before the commencement is of no effect—

(a)a notice stating that the affected referral is invalid (however described);

(b)a notice stating that a disciplinary proceeding related to the affected referral is concluded (however described).

11.54 Judicial review

(1)Unless the Supreme Court decides a decision made under this division is affected by jurisdictional error, the decision—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.

(2)The Judicial Review Act 1991, part 5 applies to a decision made under this division to the extent it is affected by jurisdictional error.

62Act amended

This part amends the Summary Offences Act 2005.

63Amendment of s 7 (Urinating in a public place)

(1)Section 7(1), ‘place.’—
omit, insert—

place, other than by using a toilet.

(2)Section 7(3)—
omit, insert—

(3)Before a police officer takes enforcement action for an offence against subsection (1), the officer must consider whether, in all the circumstances, it is more appropriate to take no action.

(4)Without limiting subsection (3), the police officer must have regard to the following circumstances—

(a)whether any vulnerability, or special health needs, of the person contributed to the person committing the offence;

(b)whether the person, when committing the offence, took reasonable steps to avoid offending or embarrassing anyone.

(5)In this section—

enforcement action, in relation to an offence against subsection (1), means—

(a)starting a proceeding for the offence; or

(b)serving an infringement notice for the offence.

64Omission of s 8 (Begging in a public place)

Section 8—
omit.

65Omission of s 10 (Being intoxicated in a public place)

Section 10—
omit.

66Act amended

This part amends the Supreme Court of Queensland Act 1991.

67 Amendment of pt 12, hdg

Part 12, heading, after ‘Transitional’—
insert—

and validation

68 Insertion of new s 95

After section 94—
insert—

95Validation provision for Supreme Court of Queensland Regulation 2012

(1)Despite the Statutory Instruments Act 1992, section 54, the Supreme Court of Queensland Regulation 2012—

(a)is taken not to have expired on 1 September 2022; and

(b)expires on 1 September 2024 unless—

(i)it is repealed before that day; or

(ii)a regulation mentioned in subsection (2) is made before that day exempting it from expiry.

(2)A regulation under the Statutory Instruments Act 1992, section 56A may exempt the Supreme Court of Queensland Regulation 2012 from expiry, and extend a period of exemption, as if expiry under subsection (1)(b) were expiry under section 54 of that Act.

(3)Anything done under this Act or another law before the commencement of this section has the same effect, and is taken to have always had the same effect, as it would have had if the Supreme Court of Queensland Regulation 2012 had not expired.

(4)A reference in subsection (3) to anything done includes a reference to—

(a)an exercise of the court’s jurisdiction; or

(b)the commencement of a proceeding or taking of a step in a proceeding; or

(c)the performance of a function; or

(d)the exercise of a power; or

(e)the establishment of a district registry; or

(f)the taking of an action with a document including, for example, executing, filing, making an entry in, presenting, issuing or serving a document; or

(g)the making of a decision.

69Act amended

This part amends the Youth Justice Act 1992.

70Replacement of s 56 (Custody of child if not released by court)

Section 56—
omit, insert—

56Custody of child if not released by court

(1)This section applies if—

(a)a court remands a child in custody; and

(b)the child does not remain the prisoner of the court; and

(c)the child is not already in the custody of the chief executive.

(2)The commissioner of the police service must—

(a)take immediate custody of the child; and

(b)deliver the child into the custody of the chief executive as soon as reasonably practicable after the date the chief executive notifies to the commissioner under subsection (3).

(3)The chief executive must—

(a)notify the commissioner of the police service of the date from which delivery of the child into the chief executive’s custody will be accepted; and

(b)fulfil the duty under paragraph (a) as soon as reasonably practicable in all the circumstances, including, for example, the number of children held by the commissioner and the capacity of detention centres.

(4)In deciding the date, the chief executive must have regard to the information available to the chief executive about the following matters—

(a)the child’s needs, having regard to—

(i)the child’s age and sex; and

(ii)the child’s cultural background; and

(iii)the child’s historic and current self-harm risk and suicide risk; and

(iv)the child’s medical conditions, if any; and

(v)the child’s physical health and mental health issues, if any; and

(vi)the child’s substance misuse and withdrawal issues, if any; and

(vii)the child’s cognitive capacity; and

(viii) the location and date of the child’s next court appearance; and

(ix)any other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and

(x)any other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre;

(b)if 1 or more other children are being held by the commissioner of the police service—the relative needs of the child and the other children having regard to the matters mentioned in paragraph (a);

(c)the effect the delivery of the child is likely to have on—

(i)the chief executive’s ability to comply with section 263; and

(ii)the chief executive’s ability to fulfil the chief executive’s duties as an employer; and

(iii)the commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and

(iv)the commissioner of the police service’s ability to fulfil the commissioner’s responsibility for—

(A)the security and management of watch-houses; and

(B)the safety and wellbeing of people detained in watch-houses.

(5)A failure of the chief executive to provide procedural fairness to the child in deciding the date under subsection (4) does not affect the validity of the decision.

(6)Subsection (2) does not apply to a person who is an adult being dealt with for an offence committed by the person as a child if, under section 136, 137 or 138, the person must be held in a corrective services facility.

(7)Subsection (8) applies to jurisdiction conferred by an Act on a court—

(a)to commit a person to a place of detention (other than a detention centre) pending appearance before a court; and

(b)to give directions to the person in charge of the place.

(8)The jurisdiction is taken, if the person is a child and this section applies, instead to confer jurisdiction on the court to remand the child into the custody of the chief executive and to give directions to the chief executive.

(9)If a court remands a child into the custody of the chief executive under subsection (8), subsection (2) applies to the child.

(10)Subject to subsection (11), the chief executive may keep a child mentioned in subsection (1) who is in the chief executive’s custody in places that the chief executive determines from time to time.

(11)The chief executive can not determine under subsection (10) that a child is to be kept in a prison.

(12)For the purposes of the Human Rights Act 2019, section 43(1), it is declared that this section has effect—

(a)despite being incompatible with human rights; and

(b)despite anything else in the Human Rights Act 2019.

(13)This subsection and subsections (12) and (14) expire on 31 December 2026.

(14)A regulation may postpone the expiry of this subsection and subsections (12) and (13) but can not postpone the expiry for more than 1 year after 31 December 2026.

71Amendment of s 135 (Where offender is detained for adult offence)

Section 135(2), ‘the offender must be remanded into the custody of the chief executive and, for that purpose,’—
omit.

72Amendment of s 210 (Detention to be served in detention centre)

(1)Section 210(2)—
omit, insert—

(2)If a court makes a detention order against a child and the child is not already in the custody of the chief executive, the commissioner of the police service must—

(a)take immediate custody of the child; and

(b)deliver the child into the custody of the chief executive as soon as reasonably practicable after the date the chief executive notifies to the commissioner under subsection (3).

(2A)The chief executive must—

(a)notify the commissioner of the police service of the date from which delivery of the child into the chief executive’s custody will be accepted; and

(b)fulfil the duty under paragraph (a) as soon as reasonably practicable in all the circumstances, including, for example, the number of children held by the commissioner and the capacity of detention centres.

(2B)In deciding the date, the chief executive must have regard to the information available to the chief executive about the following matters—

(a)the child’s needs, having regard to—

(i)the child’s age and sex; and

(ii)the child’s cultural background; and

(iii)the child’s historic and current self-harm risk and suicide risk; and

(iv)the child’s medical conditions, if any; and

(v)the child’s physical health and mental health issues, if any; and

(vi)the child’s substance misuse and withdrawal issues, if any; and

(vii)the child’s cognitive capacity; and

(viii) the location and date of the child’s next court appearance; and

(ix)any other issue the chief executive considers may affect the child’s health or wellbeing in a watch-house environment; and

(x)any other issue the chief executive considers may affect the child’s health or wellbeing while the child is being transported between a watch-house and a detention centre;

(b)if 1 or more other children are being held by the commissioner of the police service—the relative needs of the child and the other children having regard to the matters mentioned in paragraph (a);

(c)the effect the delivery of the child is likely to have on—

(i)the chief executive’s ability to comply with section 263; and

(ii)the chief executive’s ability to fulfil the chief executive’s duties as an employer; and

(iii)the commissioner of the police service’s ability to fulfil the commissioner’s duties as an employer; and

(iv)the commissioner of the police service’s ability to fulfil the commissioner’s responsibility for—

(A)the security and management of watch-houses; and

(B)the safety and wellbeing of people detained in watch-houses.

(2C)A failure of the chief executive to provide procedural fairness to the child in deciding the date under subsection (4) does not affect the validity of the decision.

(2)Section 210—
insert—

(4)For the purposes of the Human Rights Act 2019, section 43(1), it is declared that this section has effect—

(a)despite being incompatible with human rights; and

(b)despite anything else in the Human Rights Act 2019.

(5)This subsection and subsections (7) and (9) expire on 31 December 2026.

(6)A regulation may postpone the expiry of this subsection and subsections (7) and (8) but can not postpone the expiry for more than 1 year after 31 December 2026.

(3)Section 210(2A) to (6)—
renumber as section 210(3) to (9).

73Amendment of s 262 (Establishment of detention centres and other places)

Section 262—
insert—

(2)For the purposes of the Human Rights Act 2019, section 43(1), it is declared that subsection (1) has effect—

(a)despite being incompatible with human rights; and

(b)despite anything else in the Human Rights Act 2019.

(3)Despite the Human Rights Act 2019, section 43(3), subsection (2) does not apply to a regulation made under subsection (1)—

(a)before 23 August 2023; or

(b)that declares subsection (2) does not apply to the regulation.

(4)Before recommending to the Governor in Council the making of a regulation under subsection (1) to which subsection (2) applies and that establishes a detention centre, the Minister must have regard to whether the establishment of the detention centre would be compatible with human rights.

(5)To remove any doubt, it is declared that—

(a)subsection (4) does not require the Minister to comply with the Human Rights Act 2019, section 58; and

(b)a failure to comply with subsection (4) does not affect the validity of the regulation.

(6)A regulation made under subsection (1) to which subsection (2) applies expires when subsection (2) expires.

(7)This subsection and subsections (2) to (6) and (8) expire on 31 December 2026.

(8)A regulation may postpone the expiry of this subsection and subsections (2) to (7) but can not postpone the expiry for more than 1 year after 31 December 2026.

74Insertion of new s 262A

After section 262—
insert—

262A Human Rights Act 2019, s 58 does not apply to particular acts and decisions

(1)It is declared that the Human Rights Act 2019, section 58 does not apply to acts and decisions that—

(a)are reasonably necessary for the administration of this Act; and

(b)relate to—

(i)a child in a relevant detention centre; or

(ii)the placing of a child in a relevant detention centre.

Examples of acts and decisions—

•a decision by the chief executive under section 56 or 265 to place a child in a relevant detention centre

•the transportation of a child to a relevant detention centre

•the chief executive’s carrying out of their responsibility under section 263 for the wellbeing of a child detained in a relevant detention centre

•the chief executive’s carrying out of their responsibility under section 302 to establish programs and services for a child detained in a relevant detention centre

(2)This section expires on 31 December 2026.

(3)A regulation may postpone the expiry of this section but can not postpone the expiry for more than 1 year after 31 December 2026.

(4)In this section—

relevant detention centre means a detention centre established by a regulation to which section 262(2) applies.

75Amendment of s 272 (Ordinary visitor)

Section 272(1)—
insert—

(e)the inspector of detention services.

76Amendment of s 276DB (Review by Childrens Court)

Section 276DB—
insert—

(6)The proceeding must be heard by the Childrens Court constituted by a Childrens Court judge.

77Omission of s 276G (Application of subdivision)

Section 276G—
omit.

78Amendment of s 276H (Prison transfer notice)

(1)Section 276H, before subsection (1)—
insert—

(1A)This section applies in relation to a person—

(a)remanded in custody in detention in relation to a charge of an offence; and

(b)who is at least 17 years and 10 months; and

(c)for whom—

(i)there is no future court date in relation to the charge; or

(ii)the future court date in relation to the charge is in at least 2 months time.

(2)Section 276H(1)(d)(i), ‘subsection (6)’—
omit, insert—

subsection (7)

(3)Section 276H(3), ‘Subsection (2)’—
omit, insert—

Subsection (3)

(4)Section 276H(4), ‘subsection (3)’—
omit, insert—

subsection (4)

(5)Section 276H(1A) to (6)—
renumber as section 276H(1) to (7).

79Amendment of s 276I (Decision of chief executive)

(1)Section 276I(1), ‘the person a prison transfer notice’—
omit, insert—

a person a prison transfer notice under section 276H

(2)Section 276I(2)(a), ‘section 276H(1)(d)’—
omit, insert—

section 276H(2)(d)

80Amendment of s 276J (Review by Childrens Court)

(1)Section 276J(1), ‘transfer the person’—
omit, insert—

transfer a person

(2)Section 276J—
insert—

(5A)The proceeding must be heard by the Childrens Court constituted by a Childrens Court judge.

(3)Section 276J(5A) and (6)—
renumber as section 276J(6) and (7).

81Amendment of part 11, hdg (Transitional provisions)

Part 11, heading, after ‘Transitional’—
insert—

and validation

82Insertion of new pt 11, div 22

Part 11—
insert—

Division 22 Validation and transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023

414Definition for division

In this division—

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

415Validation of holding of child remanded in custody before commencement

(1)This section applies if, before the commencement—

(a)a child was remanded in custody by a court; and

(b)the child was subsequently held by the commissioner of the police service; and

(c)the court did not make an order under former section 56(4) in relation to the child.

(2)The child is taken to have been in the lawful custody of the commissioner of the police service while the child was held by the commissioner.

(3)Anything done in good faith in relation to the child while the child was held by the commissioner of the police service is as valid and lawful as it would have been if the court had made an order under former section 56(4) in relation to the child.

(4)To remove any doubt, it is declared that, in a proceeding in which good faith under subsection (3) is relevant, the burden of proof is on the person who seeks to show a lack of good faith.

416Validation of holding of child sentenced to detention before commencement

(1)This section applies if, before the commencement—

(a)a child was sentenced by a court to serve a period of detention; and

(b)the child was subsequently held by the commissioner of the police service; and

(c)the court did not issue a warrant under former section 210(2) in relation to the child.

(2)The child is taken to have been in the lawful custody of the commissioner of the police service while the child was held by the commissioner.

(3)Anything done in good faith in relation to the child while the child was held by the commissioner of the police service is as valid and lawful as it would have been if the court had issued a warrant under former section 210(2) in relation to the child.

(4)To remove any doubt, it is declared that, in a proceeding in which good faith under subsection (3) is relevant, the burden of proof is on the person who seeks to show a lack of good faith.

417Application of s 56 to child remanded in custody before commencement

Section 56 applies to a child who—

(a)before the commencement was remanded in custody by a court; and

(b)was subsequently held by the commissioner of the police service; and

(c)on the commencement is still held by the commissioner of the police service.

418Application of s 210 to child sentenced to detention before commencement

Section 210 applies to a child who—

(a)before the commencement was sentenced by a court to serve a period of detention; and

(b)was subsequently held by the commissioner of the police service; and

(c)on the commencement is still held by the commissioner of the police service.

© State of Queensland 2023