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Call for Submissions

Submissions closed on Friday 17 May 2013.

Objective of the Bill

The objective of the Bill is to amend the Criminal Code and insert a new provision of ‘Stealing by looting in a declared area’.

Other Information

Link: The Criminal Code (Looting in Declared Areas) Amendment Bill 2013

Link: Explanatory Notes

The Bill and Explanatory Notes are also available from the Office of the Queensland Parliamentary Counsel at www.legislation.qld.gov.au.

The Hansard transcript of the explanatory speech for the Bill can be found at here.

Reasons for the Bill

At present, section 398(1) of the Criminal Code increases the punishment for stealing from 5 years to 10 years imprisonment if –

(a)    The offence is committed during a natural disaster, civil unrest or an industrial dispute or;

(b)   The thing stolen is left unattended by the death or incapacity of the person in possession of the property

The new section 13A ‘Stealing by looting in a declared area’ proposes to increase the maximum penalty for stealing by looting in a ‘declared area’ from 10 years imprisonment to 14 years imprisonment.

Under the Disaster Management Act 2003 a ‘declared area’ means -

(a)    For a disaster situation declared under 64(1) – the disaster district, or part of the disaster district, for which the disaster situation is declared; or

(b)   For a disaster situation declared under section 69 – the State or, if the disaster situation is declared for part of the State, the part.

Increasing the maximum penalty for ‘Stealing by looting in a declared area’ aligns with community expectations, contributes toward protecting citizens and underpins the significance of declared areas as defined under the Disaster Management Act 2003.

Referral

On 21 March 2013, Mr Carl Judge MP, Member for Yeerongpilly, introduced the Criminal Code (Looting in Declared Areas) Amendment Bill 2013 into the Queensland Parliament. 

In accordance with Standing Order 131 of the Standing Rules and Orders of the Legislative Assembly, the Bill was referred to the Legal Affairs and Community Safety Committee (the Committee) for detailed consideration.

Under Standing Order 136(1), the Committee was required to report to the Parliament on or before 23 September 2013.

Report

On 23 September 2013, the Committee tabled its Report No. 40, Criminal Code (Looting in Declared Areas) Amendment Bill 2013. A copy of the report is available here or can be accessed at Related Publications.

The Government tabled its response to the Committee's report on 10 December 2013. A copy of the Government Response is available here or can be accessed at Related Publications.

The Criminal Code (Looting in Declared Areas) Amendment Bill 2013 was withdrawn by Mr Judge MP on 12 February 2014.