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Call for Submissions

Submissions closed on Friday, 8 February 2013.

Consultation

The Government has undertaken some consultation on the Bill. For further information please refer to the Explanatory Notes.

Objective of the Bill

The main objectives of the Bill are to:  

1.    amend the Bail Act 1980 to provide that:

• the Magistrates Court may impose as a condition of bail that the defendant participate in a rehabilitation, treatment or other intervention program, and that such program is not to be prescribed; and
• a breach of a condition of bail to participate in such a program is an offence with a maximum penalty of 40 penalty units or two years imprisonment;

2.    amend the Corrective Services Act 2006 to require all drug traffickers sentenced to immediate full-time imprisonment to serve a minimum non-parole period of 80 percent of the sentence imposed;

3.    amend the Criminal Code to:  

• increase the maximum penalty for the offence of wilful damage under section 469, punishment in special cases, item 9 (Graffiti), from five to seven years imprisonment; and
• increase a new graffiti forfeiture provision regarding property used to record, store or transmit images of graffiti, applying to prescribed adult graffiti offenders;

4.    amend the Drug Court Act 2000 to provide for cessation of the Drug Court by 30 June 2013, and consequential transitional arrangements for offenders currently subject to orders under that Act;

5.    amend the Drugs Misuse Act 1986 to increase the maximum penalty for aggravated supply under section 6 where an adult supplies a dangerous drug to a child under 16 years. An offender will be liable to a maximum penalty of life imprisonment for a schedule 1 drug and 25 years imprisonment for a schedule 2 drug;

6.    amend the Penalties and Sentences Act 1992 to insert a new mandatory community based order called a Graffiti Removal Order, to apply to offenders convicted of a prescribed graffiti offence;

7.    amend the Summary Offences Act 2005 to insert a new graffiti forfeiture provision regarding property used to record, store or transmit images of graffiti, applying to prescribed adult graffiti offenders;

8.    amend the Victims of Crime Assistance Act 2009 to ensure that a victim who so wishes, is permitted to read aloud their victim impact statement before the sentencing court, where it is reasonable to do so in the circumstances; and

9.    amend the Youth Justice Act 1992 to:

• insert a new mandatory community based order called a Graffiti Removal Order, to apply to any child aged 12 to 16 years convicted of a graffiti offence under the Criminal Code; and
• insert new and expanded diversionary mechanisms under that Act and the Police Powers and Responsibilities Act 2000, which will allow children aged 12 years and over to be made subject to graffiti removal service without court intervention.

Other Information

The Criminal Law Amendment Bill (No.2) 2012 and the 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 found here.

Reasons for the Bill

Further information, including the reasons for the Bill, appear in the Explanatory Notes which can be viewed here.

Referral

On 29 November 2012, the Attorney-General and Minister for Justice, the Hon Jarrod Bleijie MP, introduced the Criminal Law Amendment Bill (No.2) 2012 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. 

By resolution of the Committee of the Legislative Assembly, the Committee was required to report to the Parliament by 8 April 2013.

Report

On 8 April 2013, the Committee tabled its Report No. 27, Criminal Law Amendment Bill (No. 2) 2012. A copy of the report is available here or can be accessed at Related Publications.

As the Committee made a single recommendation for the Legislative Assembly to pass the Bill, there is no requirement for the Government to table a response.

The Criminal Law Amendment Bill (No. 2) 2012 was passed, with amendment, by the Legislative Assembly on 6 August 2013.