False

Objective of the Bill

The primary objective of the Bill is to amend the Criminal Code at section 398 (Punishment of stealing). The Bill inserts new provisions to apply when an offence is committed in an area that is or was a declared area under the Disaster Management Act 2003.

It imposes increases in the punishment of stealing in declared disaster areas. This includes in circumstances if the thing stolen is left unattended because the person in possession of the property was required to leave it unattended in order to comply with a direction given by a person exercising a power under the Disaster Management Act 2003.

This punishment extends to circumstances when it is not clear whether the thing stolen was stolen—

• during the period when the place from which it was stolen was in a declared area; or
• after that period but before the person returned to the thing.

Other Information

The Criminal Code (Looting in Declared Areas) Amendment Bill 2014 and Explanatory Notes are 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 accessed here.

Reasons for the Bill

The Bill is intended to underpin the Disaster Management Act 2003 by expanding the offence ‘stealing by looting’ to apply in a declared disaster area as defined under the Disaster Management Act 2003. In such circumstances, courts may administer a penalty of imprisonment for 10 years.

The new provisions apply in a declared disaster area including in circumstances when a person is required to leave their property unattended as mentioned to comply with a direction given by a person exercising a power under the Disaster Management Act 2003.

The Bill is intended to underpin the significance of declared disaster areas under the Disaster Management Act 2003. The amendments align with community expectations and will contribute toward protecting citizens.

The Bill has been prepared in response to:

• the Committee’s Report on an earlier Bill, namely the Criminal Code (Looting in Declared Areas) Amendment Bill 2013, which was withdrawn by the Member for Yeerongpilly on 12 February 2014; and
• the Government response to that Bill.

Referral

On 13 February 2014 the Member for Yeerongpilly, Mr Carl Judge MP, introduced the Criminal Code (Looting in Declared Areas) Amendment Bill 2014 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 is required to report to the Parliament by Thursday, 14 August 2014.

Report

The Criminal Code (Looting in Declared Areas) Amendment Bill 2014 was discharged from the Notice Paper and consequently from the Legal Affairs and Community Safety Committee on 5 August 2014.