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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Crime and Misconduct and
Other Legislation Amendment
Bill 2006
Queensland
Crime and Misconduct and Other
Legislation Amendment Bill 2006
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Crime and Misconduct Act 2001
3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 56 (Commission's other functions) . . . . . . . . . . 6
5 Amendment of s 74 (Notice to produce for crime investigation) . . 6
6 Insertion of new ch 3, pt 1, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 8
Division 2A Further power to require production of
documents or things at hearing
75A Application of div 2A. . . . . . . . . . . . . . . . . . . . . . . . . . 8
75B Power to require immediate production . . . . . . . . . . . 8
7 Amendment of s 82 (Notice to attend hearing--general) . . . . . . . 9
8 Amendment of s 85 (Notices requiring immediate attendance
may be issued only by or with the approval of a Supreme Court
judge) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9 Amendment of s 177 (Whether hearings are to be open or
closed) ........................................ 11
10 Amendment of s 178 (Who must conduct hearings) . . . . . . . . . . 12
11 Replacement of s 184 (Application of subdiv 1) . . . . . . . . . . . . . . 12
184 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Amendment of s 185 (Refusal to produce--claim of reasonable
excuse) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
13 Amendment of s 188 (Refusal to produce--self-incrimination) . . 13
14 Replacement of s 189 (Application of subdiv 1) . . . . . . . . . . . . . . 13
189 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Replacement of s 193 (Application of subdiv 1) . . . . . . . . . . . . . . 14
2
Crime and Misconduct and Other Legislation
Amendment Bill 2006
193 Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Amendment of s 194 (Presiding officer to decide whether refusal
to answer questions or produce documents or things is justified) 14
17 Amendment of s 195B (Supreme Court to decide claim of
privilege) ....................................... 14
18 Amendment of s 197 (Restriction on use of privileged answers,
documents, things or statements disclosed or produced under
compulsion) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Amendment of s 213 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . 15
20 Amendment of s 247 (Duration of appointment) . . . . . . . . . . . . . 16
21 Insertion of new s 247A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
247A Notice to parliamentary committee. . . . . . . . . . . . . . . 17
22 Amendment of s 255 (Secondment of officers) . . . . . . . . . . . . . . 17
23 Amendment of s 260 (Performance) . . . . . . . . . . . . . . . . . . . . . . 18
24 Amendment of s 269 (Delegation--commission) . . . . . . . . . . . . . 18
25 Amendment of s 295 (Referral of concerns by parliamentary
committee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
26 Amendment of s 305 (Disqualifications as parliamentary
commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
27 Amendment of s 312 (Termination of appointment) . . . . . . . . . . . 19
28 Amendment of s 318 (Parliamentary commissioner may
conduct hearings in limited circumstances) . . . . . . . . . . . . . . . . . 19
29 Amendment of s 321 (Confidentiality obligations not to apply). . . 20
30 Amendment of s 326 (Monitor's functions) . . . . . . . . . . . . . . . . . . 20
31 Amendment of s 329 (Duty of chairperson to notify improper
conduct to the parliamentary committee) . . . . . . . . . . . . . . . . . . . 20
32 Amendment of s 341 (Personnel changes do not affect
commission's power to make findings or report) . . . . . . . . . . . . . 20
33 Amendment of s 343 (Information disclosure and privilege) . . . . 20
34 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 21
35 Insertion of new ch 8, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Part 4 Transitional provision for Crime and
Misconduct and Other Legislation Amendment
Act 2006
383 Declaration about repeal of Cross-Border Law
Enforcement Legislation Amendment Act 2005,
s 73(3) ............................... 24
Part 3 Amendment of Misconduct Tribunals Act 1997
36 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
37 Amendment of s 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3
Crime and Misconduct and Other Legislation
Amendment Bill 2006
38 Replacement of s 5 (Appointment of misconduct tribunal panel
members) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
5 Appointment of misconduct tribunal panel members . 25
39 Amendment of s 6 (Qualifications of tribunal members) . . . . . . . 25
40 Amendment of s 7 (Nomination for appointment as tribunal
member) ........................................ 25
41 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
7A Report about person's criminal history . . . . . . . . . . . . 26
42 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
9A Appointment of acting senior member . . . . . . . . . . . . 27
43 Insertion of new s 19A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
19A Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . 27
44 Amendment of s 39 (Annual report) . . . . . . . . . . . . . . . . . . . . . . . 28
45 Replacement of pt 7 hdg (Transitional provisions and amendments) 29
46 Insertion of new pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 2 Provisions for Crime and Misconduct and
Other Legislation Amendment Act 2006
48 Existing members of tribunal . . . . . . . . . . . . . . . . . . . 29
47 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 29
Part 4 Amendment of Police Powers and Responsibilities Act 2000
48 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
49 Amendment of s 159 (Monitor's functions) . . . . . . . . . . . . . . . . . . 32
50 Expiry of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 5 Amendment of Whistleblowers Protection Act 1994
51 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
52 Amendment of s 47 (Right to apply for Industrial Commission
injunction) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
Part 6 Amendment of Witness Protection Act 2000
53 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
54 Amendment of s 8 (Content of protection agreement) . . . . . . . . . 33
55 Amendment of s 12 (Suspension of protection agreement) . . . . . 33
56 Amendment of s 14 (When chairperson may end protection
under program). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
57 Insertion of new pt 2A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Part 2A Arrangements for short-term protection
14A Application of pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 35
14B Arrangements for short term protection . . . . . . . . . . . 36
14C Variation of short-term protection arrangement . . . . . 36
4
Crime and Misconduct and Other Legislation
Amendment Bill 2006
14D Suspension of short-term protection arrangement. . . 37
14E Voluntary ending of short-term protection
arrangement ........................... 37
14F When chairperson may end short-term protection
arrangement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
58 Replacement of s 36 (Offence of disclosures about protected
witnesses or officers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
36 Offence of disclosure about particular persons or the
program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
59 Replacement of s 37 (Offence of disclosure by prescribed
persons) ....................................... 40
37 Offence of disclosure by prescribed persons . . . . . . . 40
60 Amendment of s 48 (Delegation) . . . . . . . . . . . . . . . . . . . . . . . . . 42
61 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 42
Schedule Minor amendments of Crime and Misconduct Act 2001 . . . . 44
2006
A Bill
for an Act to amend the Crime and Misconduct Act
2001 and other legislation affecting the operations of
the Crime and Misconduct Commission, and for other
purposes
s1 6 s5
Crime and Misconduct and Other Legislation
Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Crime and Misconduct and 4
Other Legislation Amendment Act 2006. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Crime and 8
Misconduct Act 2001 9
Clause 3 Act amended in pt 2 and schedule 10
This part and the schedule amend the Crime and Misconduct 11
Act 2001. 12
Clause 4 Amendment of s 56 (Commission's other functions) 13
Section 56(a)-- 14
omit, insert-- 15
`(a) the witness protection function; 16
17
Note--
18
See also the Witness Protection Act 2000'.
Clause 5 Amendment of s 74 (Notice to produce for crime 19
investigation) 20
(1) Section 74, heading, after `investigation'-- 21
s5 7 s5
Crime and Misconduct and Other Legislation
Amendment Bill 2006
insert-- 1
`or witness protection function'. 2
(2) Section 74(1)-- 3
omit, insert-- 4
`(1) This section applies only for the following-- 5
(a) a crime investigation; 6
(b) the witness protection function.'. 7
(3) Section 74(2), after `investigation'-- 8
insert-- 9
`or the witness protection function'. 10
(4) Section 74-- 11
insert-- 12
`(2A) The notice to produce must state that it relates to-- 13
(a) a crime investigation; or 14
(b) without specifying which, a crime investigation or the 15
witness protection function.'. 16
(5) Section 74(3), `A notice to produce'-- 17
omit, insert-- 18
`If the notice to produce is given in the context of a crime 19
investigation, the notice'. 20
(6) Section 74-- 21
insert-- 22
`(3A) If the notice to produce is given in the context of the witness 23
protection function, the notice may be given only if the 24
chairperson considers it is necessary to protect-- 25
(a) the security of a protected person; or 26
(b) the integrity of the witness protection program or other 27
witness protection activities of the commission.'. 28
(7) Section 74(4), from `that'-- 29
omit, insert-- 30
s6 8 s6
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`that-- 1
(a) for a notice given in the context of a crime investigation, 2
delay in the production of the document may result in-- 3
(i) its destruction, removal or concealment; or 4
(ii) serious prejudice to the conduct of the 5
investigation; or 6
(b) for a notice given in the context of the witness 7
protection function, delay in the production of the 8
document may threaten-- 9
(i) the security of a protected person; or 10
(ii) the integrity of the witness protection program or 11
other witness protection activities of the 12
commission.'. 13
Clause 6 Insertion of new ch 3, pt 1, div 2A 14
After section 75-- 15
insert-- 16
`Division 2A Further power to require production 17
of documents or things at hearing 18
`75A Application of div 2A 19
`This division applies only for a crime investigation or a 20
misconduct investigation. 21
`75B Power to require immediate production 22
`(1) The presiding officer at a commission hearing may require a 23
witness at the hearing to immediately produce a stated 24
document or thing that the presiding officer believes is 25
relevant to the investigation. 26
27
Note--
28
For a reasonable excuse for not producing the document or thing, see
29
section 185 for a crime investigation and section 188 for a misconduct
30
investigation.
s7 9 s7
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`(2) The presiding officer may adjourn the hearing to allow the 1
person to comply with the requirement. 2
`(3) The person does not, by complying with the requirement-- 3
(a) contravene a provision of an Act or a law imposing a 4
statutory or commercial obligation or restriction to 5
maintain secrecy in relation to the document or thing; or 6
(b) incur any civil liability in relation to the document or 7
thing.'. 8
Clause 7 Amendment of s 82 (Notice to attend hearing--general) 9
(1) Section 82(1)(a) to (c)-- 10
omit, insert-- 11
`(a) for a hearing in relation to a crime investigation or 12
misconduct investigation-- 13
(i) to give evidence; or 14
(ii) to produce a stated document or thing; or 15
(iii) to establish a reasonable excuse or claim of 16
privilege under section 72 or 74; 17
(b) for a witness protection function hearing--to establish 18
the reasonable excuse or claim of privilege the subject 19
of the hearing.'. 20
(2) Section 82(2)(a)-- 21
omit, insert-- 22
`(a) whether it is issued in the context of-- 23
(i) a crime investigation; or 24
(ii) without specifying which, a crime investigation or 25
the witness protection function; or 26
(iii) a misconduct investigation; and'. 27
(3) Section 82(4), from `about'-- 28
omit, insert-- 29
`about-- 30
s8 10 s8
Crime and Misconduct and Other Legislation
Amendment Bill 2006
(a) for an attendance notice issued in the context of a crime 1
investigation or misconduct investigation--any matter 2
that relates to an investigation; or 3
(b) for an attendance notice issued in the context of a 4
witness protection function hearing--any matter that 5
relates to the matter for which the attendance notice was 6
issued.'. 7
Clause 8 Amendment of s 85 (Notices requiring immediate 8
attendance may be issued only by or with the approval of 9
a Supreme Court judge) 10
(1) Section 85-- 11
insert-- 12
`(1A) If the attendance notice is to be issued in the context of a 13
witness protection function hearing, the chairperson must give 14
the judge a certificate stating that the notice relates to a 15
witness protection function hearing.'. 16
(2) Section 85(2), from `that delay'-- 17
omit, insert-- 18
`that-- 19
(a) for a notice issued in the context of a crime investigation 20
or misconduct investigation, delay in attendance might 21
result in-- 22
(i) the commission of an offence; or 23
(ii) an offender or suspected offender absconding; or 24
(iii) the loss or destruction of evidence; or 25
(iv) serious prejudice to the conduct of an investigation 26
being conducted by the commission; or 27
(b) for a notice issued in the context of a witness protection 28
function hearing, delay in attendance and resolution of 29
the reasonable excuse or claim of privilege the subject 30
of the hearing might threaten-- 31
(i) the security of a protected person; or 32
s9 11 s9
Crime and Misconduct and Other Legislation
Amendment Bill 2006
(ii) the integrity of the witness protection program or 1
other witness protection activities of the 2
commission.'. 3
(3) Section 85(3), `The attendance notice-- 4
omit, insert-- 5
`An attendance notice issued in the context of a crime 6
investigation or misconduct investigation'. 7
(4) Section 85-- 8
insert-- 9
`(4) For an attendance notice to be issued in the context of a 10
witness protection function hearing, nothing in this section 11
requires the chairperson to give the judge-- 12
(a) information about the identity or former identity of a 13
protected person; or 14
(b) details about the protection given to a protected person 15
or the reasons for the protection; or 16
(c) information about the identity of any person if the 17
information would threaten-- 18
(i) the security of a protected person; or 19
(ii) the integrity of the witness protection program or 20
other witness protection activities of the 21
commission. 22
`(5) A certificate mentioned in subsection (1A) is evidence of the 23
matters stated in it.'. 24
Clause 9 Amendment of s 177 (Whether hearings are to be open or 25
closed) 26
Section 177(2)(b)-- 27
omit, insert-- 28
`(b) for a witness protection function hearing, the 29
commission may open the hearing to the public if it-- 30
(i) considers opening the hearing will make the 31
hearing more effective and-- 32
s 10 12 s 11
Crime and Misconduct and Other Legislation
Amendment Bill 2006
(A) would not be unfair to a person or contrary to 1
the public interest; and 2
(B) would not threaten the security of a protected 3
person or the integrity of the witness 4
protection program or other witness 5
protection activities of the commission; and 6
(ii) approves that the hearing be a public hearing; or 7
(c) for a hearing other than a hearing mentioned in 8
paragraph (a) or (b), the commission may open the 9
hearing to the public if it-- 10
(i) considers closing the hearing to the public would 11
be unfair to a person or contrary to the public 12
interest; and 13
(ii) approves that the hearing be a public hearing.'. 14
Clause 10 Amendment of s 178 (Who must conduct hearings) 15
(1) Section 178(2)-- 16
omit, insert-- 17
`(2) However, if the chairperson considers it necessary for the 18
efficient operation of the commission, the public hearing may 19
be conducted by an assistant commissioner as decided by the 20
chairperson.'. 21
(2) Section 178(4) to (7)-- 22
omit. 23
Clause 11 Replacement of s 184 (Application of subdiv 1) 24
Section 184-- 25
omit, insert-- 26
`184 Application of sdiv 1 27
`This subdivision applies only in the context of-- 28
(a) a crime investigation; or 29
(b) a witness protection function hearing.'. 30
s 12 13 s 14
Crime and Misconduct and Other Legislation
Amendment Bill 2006
Clause 12 Amendment of s 185 (Refusal to produce--claim of 1
reasonable excuse) 2
Section 185(1), after `notice'-- 3
insert-- 4
`or a requirement made under section 75B'. 5
Clause 13 Amendment of s 188 (Refusal to 6
produce--self-incrimination) 7
(1) Section 188, heading, `self-incrimination'-- 8
omit, insert-- 9
`claim of reasonable excuse'. 10
(2) Section 188(1)-- 11
omit, insert-- 12
`(1) This section applies if a person is required to produce a stated 13
document or thing-- 14
(a) to an identified commission officer under a notice to 15
discover under section 75; or 16
(b) at a commission hearing under an attendance notice; or 17
(c) under a requirement under section 75B.'. 18
(3) Section 188(2), from `A' to `attendance notice'-- 19
omit, insert-- 20
`The person'. 21
Clause 14 Replacement of s 189 (Application of subdiv 1) 22
Section 189-- 23
omit, insert-- 24
`189 Application of sdiv 1 25
`This subdivision applies only in the context of the 26
following-- 27
(a) a crime investigation; 28
(b) a witness protection function hearing.'. 29
s 15 14 s 18
Crime and Misconduct and Other Legislation
Amendment Bill 2006
Clause 15 Replacement of s 193 (Application of subdiv 1) 1
Section 193-- 2
omit, insert-- 3
`193 Application of sdiv 1 4
`This subdivision applies only in the context of the 5
following-- 6
(a) a crime investigation; 7
(b) a witness protection function hearing.'. 8
Clause 16 Amendment of s 194 (Presiding officer to decide whether 9
refusal to answer questions or produce documents or 10
things is justified) 11
Section 194(2), `a claim of privilege against 12
self-incrimination'-- 13
omit, insert-- 14
`self-incrimination privilege'. 15
Clause 17 Amendment of s 195B (Supreme Court to decide claim of 16
privilege) 17
Section 195B(7), `is established on a ground of 18
self-incrimination'-- 19
omit, insert-- 20
`of self-incrimination privilege is established'. 21
Clause 18 Amendment of s 197 (Restriction on use of privileged 22
answers, documents, things or statements disclosed or 23
produced under compulsion) 24
(1) Section 197(1)-- 25
omit, insert-- 26
`(1) This section applies if-- 27
(a) before an individual answers a question put to the 28
individual by the commission or a commission officer or 29
produces a document or thing or a written statement of 30
s 19 15 s 19
Crime and Misconduct and Other Legislation
Amendment Bill 2006
information to the commission or a commission officer, 1
the individual claims self-incrimination privilege in 2
relation to the answer or production; and 3
(b) apart from this Act, the individual would not be required 4
to answer the question or produce the document, thing 5
or statement in a proceeding if the individual claimed 6
self-incrimination privilege in relation to the answer or 7
production; and 8
(c) the individual is required to answer the question or 9
produce the document, thing or statement.'. 10
(2) Section 197(2) and (6), `person'-- 11
omit, insert-- 12
`individual'. 13
(3) Section 197(3)(a), `person's'-- 14
omit, insert-- 15
`individual's'. 16
(4) Section 197(3)(b)(i)-- 17
omit, insert-- 18
`(i) the falsity or misleading nature of an answer, 19
document, thing or statement mentioned in 20
subsection (1) and given or produced by the 21
individual; or'. 22
(5) Section 197(5), `a person'-- 23
omit, insert-- 24
`an individual'. 25
(6) Section 197(5), `the person'-- 26
omit, insert-- 27
`the individual'. 28
Clause 19 Amendment of s 213 (Secrecy) 29
Section 213(4)(b)(ii), after `investigation'-- 30
s 20 16 s 20
Crime and Misconduct and Other Legislation
Amendment Bill 2006
insert-- 1
`conducted by the commission'. 2
Clause 20 Amendment of s 247 (Duration of appointment) 3
(1) Section 247(3)-- 4
omit, insert-- 5
`(3) However, subject to subsection (3A), an assistant 6
commissioner or senior officer must not hold office in the 7
commission as an assistant commissioner or senior officer for 8
more than 10 years in total. 9
10
Example--
11
A person held office as a senior officer for 7 years, comprising an
12
appointment for an initial term of 5 years and a reappointment for a
13
further term of 2 years. The person is appointed as an assistant
14
commissioner for 3 years. The person must not continue in, or be
15
reappointed to, the office at the end of the 3 year period, unless the
16
reappointment is made under subsection (3A).
`(3A) An assistant commissioner or senior officer who has held 17
office in the commission as an assistant commissioner or 18
senior officer for 10 years in total may be reappointed for a 19
further term if the reappointment-- 20
(a) is necessary for the efficient operation of the 21
commission; and 22
(b) does not result in the person holding office in the 23
commission as an assistant commissioner or senior 24
officer for more than 15 years in total. 25
26
Example--
27
A person has held office in the commission for 10 years, comprising an
28
appointment as a senior officer for a term of 5 years and an appointment
29
as an assistant commissioner for a term of 5 years. At the end of the 5
30
year period, the person may be reappointed as an assistant
31
commissioner for a further term of not more than 5 years.
`(3B) Any time a person held office in the commission as either an 32
assistant commissioner or senior officer before the 33
commencement of this subsection must be included in 34
working out the number of years under subsection (3) or 35
(3A).'. 36
s 21 17 s 22
Crime and Misconduct and Other Legislation
Amendment Bill 2006
(2) Section 247(4), `Subsection (3) has'-- 1
omit, insert-- 2
`Subsections (3) to (3B) have'. 3
(3) Section 247(5), examples-- 4
omit, insert-- 5
`Examples of senior officers whose duties support the commission's 6
7
functions--
8
· an officer whose principal duties relate to information technology
9
matters
10
· an officer whose principal duties relate to financial matters
11
· an officer whose principal duties relate to human resource
12
management matters'.
Clause 21 Insertion of new s 247A 13
After section 247-- 14
insert-- 15
`247A Notice to parliamentary committee 16
`(1) If a person is reappointed for a further term under section 17
247(3A), the chairperson must give the parliamentary 18
committee written notice of the appointment. 19
`(2) The notice must state the following-- 20
(a) the name of the person appointed for the further term; 21
(b) the position the person holds in the commission; 22
(c) why the person's appointment for the further term is 23
necessary for the efficient operation of the commission; 24
(d) the period of the further term.'. 25
Clause 22 Amendment of s 255 (Secondment of officers) 26
Section 255(2)-- 27
omit, insert-- 28
`(2) The arrangement is not effective unless it has been approved 29
by-- 30
s 23 18 s 24
Crime and Misconduct and Other Legislation
Amendment Bill 2006
(a) for a secondment of an officer or employee of the 1
parliamentary service--the Speaker; or 2
(b) for a secondment of a member of the police 3
service--the Minister and the Minister administering 4
the Police Service Administration Act 1990; or 5
(c) for a secondment of another officer or employee-- 6
(i) if the secondment is to a position at a level 7
equivalent to or above the level of a senior officer 8
under the Public Service Act 1996--the Minister 9
and the Minister responsible for the unit of public 10
administration from which the person is to be 11
seconded; or 12
(ii) if the secondment is to a position at another 13
level--the chief executive of the unit of public 14
administration from which the person is to be 15
seconded.'. 16
Clause 23 Amendment of s 260 (Performance) 17
Section 260(5), from `that would'-- 18
omit, insert-- 19
`that, if given-- 20
(a) would prejudice a current sensitive operation of, or 21
investigation by, the commission; or 22
(b) may threaten-- 23
(i) the security of a protected person; or 24
(ii) the integrity of the witness protection program or 25
other witness protection activities of the 26
commission.'. 27
Clause 24 Amendment of s 269 (Delegation--commission) 28
(1) Section 269(2), table, entry for section 254-- 29
omit. 30
(2) Section 269-- 31
s 25 19 s 28
Crime and Misconduct and Other Legislation
Amendment Bill 2006
insert-- 1
`(3) Also, the commission's powers under section 254 in relation 2
to the appointment of a person at a level equivalent to or above 3
the level of a senior officer may only be delegated to the 4
chairperson.'. 5
Clause 25 Amendment of s 295 (Referral of concerns by 6
parliamentary committee) 7
(1) Section 295(1)(a), from `activities'-- 8
omit, insert-- 9
`activities of the commission or a commission officer; or'. 10
(2) Section 295(1)(b), `or former commission officer'-- 11
omit. 12
Clause 26 Amendment of s 305 (Disqualifications as parliamentary 13
commissioner) 14
Section 305(3), definition ineligible person, `or former 15
commission officer'-- 16
omit. 17
Clause 27 Amendment of s 312 (Termination of appointment) 18
Section 312(4), definition ineligible person, `or former 19
commission officer'-- 20
omit. 21
Clause 28 Amendment of s 318 (Parliamentary commissioner may 22
conduct hearings in limited circumstances) 23
Section 318(11)-- 24
omit. 25
s 29 20 s 33
Crime and Misconduct and Other Legislation
Amendment Bill 2006
Clause 29 Amendment of s 321 (Confidentiality obligations not to 1
apply) 2
(1) Section 321(2), definition commission officer-- 3
omit. 4
(2) Section 321(2), definition relevant person-- 5
omit, insert-- 6
`relevant person means a person-- 7
(a) who is a commission officer; or 8
(b) who is or was a person holding an appointment in a unit 9
of public administration.'. 10
Clause 30 Amendment of s 326 (Monitor's functions) 11
Section 326(1)(d), after `give to the commission'-- 12
insert-- 13
`and the parliamentary committee'. 14
Clause 31 Amendment of s 329 (Duty of chairperson to notify 15
improper conduct to the parliamentary committee) 16
Section 329(2), definition commission officer-- 17
omit. 18
Clause 32 Amendment of s 341 (Personnel changes do not affect 19
commission's power to make findings or report) 20
Section 341(2), after `investigation'-- 21
insert-- 22
`or anything done under this Act for the witness protection 23
function'. 24
Clause 33 Amendment of s 343 (Information disclosure and 25
privilege) 26
Section 343-- 27
s 34 21 s 34
Crime and Misconduct and Other Legislation
Amendment Bill 2006
insert-- 1
`(3) To remove any doubt, it is declared that only a person who is 2
an individual may claim self-incrimination privilege under 3
this Act.'. 4
Clause 34 Amendment of sch 2 (Dictionary) 5
(1) Schedule 2, definition commission officer-- 6
omit. 7
(2) Schedule 2-- 8
insert-- 9
`commission officer-- 10
(a) means, generally-- 11
(i) a commissioner; or 12
(ii) an assistant commissioner; or 13
(iii) a senior officer; or 14
(iv) a person employed under section 254 or seconded 15
under section 255; or 16
(v) a person engaged under section 256; or 17
(vi) a police officer authorised by the chairperson under 18
section 272(2); and 19
(b) in sections 295, 305(3), 314(2)(b)(ii), 318(4), 321(2), 20
322(3), 329 and 331(4), includes-- 21
(i) a former commission officer; and 22
(ii) a person who was a commissioner or an officer of 23
the commission under the Criminal Justice Act 24
1989; and 25
(iii) a person who was engaged by the commission 26
under the Criminal Justice Act 1989, section 66; 27
and 28
(iv) a person who was a commission member, or an 29
officer or employee of the Queensland crime 30
s 34 22 s 34
Crime and Misconduct and Other Legislation
Amendment Bill 2006
commission, under the Crime Commission Act 1
1997; and 2
(c) in chapter 3, part 6A--includes an officer or employee 3
of a declared agency. 4
5
Note--
6
The reference to a declared agency is a reference to a declared
7
agency within the meaning of that term as inserted by the
8
Cross-Border Law Enforcement Legislation Amendment Act
9
2005.
conduct, for chapter 1, part 4, division 2, see section 14. 10
holder of an appointment means the holder of an 11
appointment in a unit of public administration as mentioned in 12
section 21. 13
other witness protection activities, of the commission, means 14
activities of the commission under the Witness Protection Act 15
2000 relating to interim protection agreements or short-term 16
protection arrangements within the meaning of that Act. 17
protected person means a person who is, or has been-- 18
(a) included in the witness protection program; or 19
(b) given protection under the Witness Protection Act 2000, 20
section 9 or part 2A. 21
22
Note--
23
The Witness Protection Act 2000, section 9 deals with interim
24
protection and part 2A deals with arrangements for short-term
25
protection.
public hearing means a hearing that is open to the public. 26
self-incrimination privilege means the privilege an individual 27
may claim at law on the ground of self-incrimination. 28
witness protection function means the function the 29
commission has under the Witness Protection Act 2000 in 30
relation to witness protection. 31
witness protection function hearing means a hearing to 32
establish a reasonable excuse or claim of privilege in relation 33
to a notice to produce issued, under section 74, in the context 34
of the witness protection function. 35
s 34 23 s 34
Crime and Misconduct and Other Legislation
Amendment Bill 2006
witness protection program has the same meaning as in the 1
Witness Protection Act 2000.'. 2
(3) Schedule 2, definition ineligible person, paragraph (a), after 3
`convicted'-- 4
insert-- 5
`, including by summary conviction,'. 6
(4) Schedule 2, definition ineligible person, paragraph (f)-- 7
omit, insert-- 8
`(f) a person appointed as the public interest monitor or a 9
deputy public interest monitor under this Act or the 10
Police Powers and Responsibilities Act 2000; 11
(fa) a person appointed to act as the public interest monitor 12
or a deputy public interest monitor under this Act or the 13
Police Powers and Responsibilities Act 2000;'. 14
(5) Schedule 2, definition member, after `means'-- 15
insert-- 16
`the'. 17
(6) Schedule 2, definition notice to produce, paragraph (a)-- 18
omit, insert-- 19
`(a) for a crime investigation or the witness protection 20
function--see section 74; or'. 21
(7) Schedule 2, definition privilege, paragraph (a)-- 22
omit, insert-- 23
`(a) in the context of a crime investigation or the witness 24
protection function-- 25
(i) legal professional privilege; or 26
(ii) self-incrimination privilege; or'. 27
(8) Schedule 2, definition privilege, paragraph (c)(iv)-- 28
omit, insert-- 29
`(iv) self-incrimination privilege;'. 30
s 35 24 s 36
Crime and Misconduct and Other Legislation
Amendment Bill 2006
Clause 35 Insertion of new ch 8, pt 4 1
Chapter 8-- 2
insert-- 3
`Part 4 Transitional provision for Crime 4
and Misconduct and Other 5
Legislation Amendment Act 6
2006 7
`383 Declaration about repeal of Cross-Border Law 8
Enforcement Legislation Amendment Act 2005, 9
s 73(3) 10
`(1) This section applies if the Crime and Misconduct provision 11
has effect before the Cross-Border provision has effect. 12
`(2) The Cross-Border provision is repealed when the Crime and 13
Misconduct provision has effect. 14
`(3) In this section-- 15
Crime and Misconduct provision means the Crime and 16
Misconduct and Other Legislation Amendment Act 2006, 17
section 34(2), to the extent it inserts the definition commission 18
officer. 19
Cross-Border provision means the Cross-Border Law 20
Enforcement Legislation Amendment Act 2005, section 21
73(3).'. 22
Part 3 Amendment of Misconduct 23
Tribunals Act 1997 24
Clause 36 Act amended in pt 3 25
This part amends the Misconduct Tribunals Act 1997. 26
s 37 25 s 40
Crime and Misconduct and Other Legislation
Amendment Bill 2006
Clause 37 Amendment of s 4 (Dictionary) 1
Section 4, `schedule 2'-- 2
omit, insert-- 3
`the schedule'. 4
Clause 38 Replacement of s 5 (Appointment of misconduct tribunal 5
panel members) 6
Section 5-- 7
omit, insert-- 8
`5 Appointment of misconduct tribunal panel members 9
`(1) The Governor in Council may, by gazette notice, appoint as 10
many qualified persons as the Minister considers appropriate 11
as members of a panel of misconduct tribunal members (the 12
tribunal panel). 13
`(2) The Governor in Council is to appoint 1 tribunal member as 14
the senior member of the tribunal panel (the senior member). 15
`(3) In this section-- 16
qualified person means a person who is qualified, under 17
section 6, for appointment as a tribunal member.'. 18
Clause 39 Amendment of s 6 (Qualifications of tribunal members) 19
Section 6(2) and (3)-- 20
omit, insert-- 21
`(2) An ineligible person is not qualified for appointment as a 22
tribunal member. 23
`(3) If a tribunal member becomes an ineligible person, the 24
member can not continue as a tribunal member.'. 25
Clause 40 Amendment of s 7 (Nomination for appointment as 26
tribunal member) 27
(1) Section 7(1)(c), from `support' to `members'-- 28
omit, insert-- 29
s 41 26 s 41
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`bipartisan support'. 1
(2) Section 7(2)-- 2
omit, insert-- 3
`(2) Subsection (1)(a) does not apply to the nomination of a person 4
for reappointment as a tribunal member. 5
`(3) In this section-- 6
bipartisan support, of the parliamentary committee, means-- 7
(a) support of the members of the parliamentary committee 8
unanimously; or 9
(b) support of a majority of the members, other than a 10
majority consisting wholly of members of the political 11
party or parties in government in the Legislative 12
Assembly.'. 13
Clause 41 Insertion of new s 7A 14
After section 7-- 15
insert-- 16
`7A Report about person's criminal history 17
`(1) To help decide whether a person is suitable for nomination for 18
appointment as a tribunal member, the Minister may ask the 19
commissioner of the police service for a written report about 20
the person's criminal history. 21
`(2) However, the Minister may make a request about a person 22
under subsection (1) only if the person has given the Minister 23
written consent for the request. 24
`(3) If asked by the Minister, the commissioner of the police 25
service must give the Minister a written report about the 26
criminal history of the person. 27
`(4) The duty imposed on the commissioner of the police service 28
applies only to information in the commissioner's possession 29
or to which the commissioner has access. 30
`(5) In having regard to the report, the Minister must consider the 31
nature of any offence mentioned in the report and the 32
s 42 27 s 43
Crime and Misconduct and Other Legislation
Amendment Bill 2006
relevance of the offence to the person's suitability for 1
nomination for appointment as a tribunal member. 2
`(6) The Minister must destroy the report as soon as practicable 3
after it is no longer needed for the purpose for which it was 4
requested. 5
`(7) In this section-- 6
criminal history, of a person, means every conviction of the 7
person for an offence, in Queensland or elsewhere, whether 8
before or after the commencement of this section.'. 9
Clause 42 Insertion of new s 9A 10
After section 9-- 11
insert-- 12
`9A Appointment of acting senior member 13
`The Governor in Council is to appoint a tribunal member to 14
act as the senior member-- 15
(a) for any period, or all periods, when the senior member is 16
absent from duty or the State, or can not for another 17
reason perform the duties of the office; or 18
(b) for any period, or all periods, that the office is vacant 19
because of the operation of section 19A(2)(b); or 20
(c) for any period that the office is otherwise vacant.'. 21
Clause 43 Insertion of new s 19A 22
After section 19-- 23
insert-- 24
`19A Disclosure of interests 25
`(1) If a tribunal member becomes aware that the member has a 26
conflict of interest in a proceeding before a tribunal 27
constituted by the member, the member must disclose the 28
issue giving rise to the conflict-- 29
(a) if the member is the senior member-- 30
s 44 28 s 44
Crime and Misconduct and Other Legislation
Amendment Bill 2006
(i) to the person appointed under section 9A(b) to act 1
as the senior member during a vacancy in the office 2
of senior member; and 3
(ii) to the parties to the proceeding; or 4
(b) otherwise--to the senior member and the parties to the 5
proceeding. 6
`(2) After making the disclosure-- 7
(a) the member must disqualify himself or herself from the 8
proceeding; and 9
(b) if the member is the senior member, the member is taken 10
to have vacated the member's office as senior member 11
for the remainder of the proceeding. 12
`(3) If the disqualified member is not the senior member, the 13
senior member must, under section 11, choose a member 14
other than the disqualified member to reconstitute the tribunal. 15
`(4) If the disqualified member is the senior member, the acting 16
senior member must, under section 11, choose a member 17
other than the disqualified member to reconstitute the tribunal. 18
`(5) The tribunal as reconstituted must continue and finish the 19
proceeding and, for that purpose, may have regard to any 20
record relating to the proceeding made by the tribunal as 21
previously constituted.'. 22
Clause 44 Amendment of s 39 (Annual report) 23
(1) Section 39, `2 months'-- 24
omit, insert-- 25
`4 months'. 26
(2) Section 39-- 27
insert-- 28
`(2) The Minister must table the report in the Legislative 29
Assembly within 14 sitting days after receiving the report.'. 30
s 45 29 s 47
Crime and Misconduct and Other Legislation
Amendment Bill 2006
Clause 45 Replacement of pt 7 hdg (Transitional provisions and 1
amendments) 2
Part 7, heading-- 3
omit, insert-- 4
`Part 7 Transitional provisions 5
`Division 1 Provisions for Misconduct Tribunals 6
Act 1997'. 7
Clause 46 Insertion of new pt 7, div 2 8
Part 7-- 9
insert-- 10
`Division 2 Provisions for Crime and 11
Misconduct and Other Legislation 12
Amendment Act 2006 13
`48 Existing members of tribunal 14
`(1) This section applies to a person who was a member or the 15
senior member of the tribunal panel immediately before the 16
commencement of the Crime and Misconduct and Other 17
Legislation Amendment Act 2006, section 38. 18
`(2) On the commencement, the person continues to hold office as 19
a member or the senior member of the tribunal panel 20
according to the terms of the member's appointment.'. 21
Clause 47 Amendment of sch 2 (Dictionary) 22
(1) Schedule 2-- 23
insert-- 24
`conviction-- 25
(a) means a finding of guilt, or the acceptance of a plea of 26
guilty, by a court, whether or not a conviction is 27
recorded; and 28
(b) includes a conviction-- 29
s 47 30 s 47
Crime and Misconduct and Other Legislation
Amendment Bill 2006
(i) for which the rehabilitation period under the 1
Criminal Law (Rehabilitation of Offenders) Act 2
1986 has expired under that Act; and 3
(ii) that is not revived as prescribed by section 11 of 4
that Act. 5
ineligible person means any of the following-- 6
(a) a person with a conviction, including a summary 7
conviction, for an indictable offence; 8
(b) a person who is an insolvent under administration as 9
defined under the Corporations Act, section 9; 10
(c) a person holding judicial appointment; 11
(d) a member of the Legislative Assembly or the Executive 12
Council; 13
(e) the parliamentary commissioner under the Crime and 14
Misconduct Act 2001; 15
(f) the public interest monitor or a deputy public interest 16
monitor appointed under the Crime and Misconduct Act 17
2001 or the Police Powers and Responsibilities Act 18
2000; 19
(g) a person who, under the Crime and Misconduct Act 20
2001, is-- 21
(i) a commissioner; or 22
(ii) an assistant commissioner; or 23
(iii) a senior officer; or 24
(iv) employed under section 254; or 25
(v) seconded under section 255; 26
(h) the director of public prosecutions; 27
(i) a member of the police service under the Police Service 28
Administration Act 1990; 29
(j) a person who, within the 5 years before the person's 30
eligibility for appointment is being considered, has been 31
a member of the police service under the Police Service 32
Administration Act 1990; 33
s 48 31 s 48
Crime and Misconduct and Other Legislation
Amendment Bill 2006
(k) a public service employee; 1
(l) a person who holds an appointment on the staff of a 2
Minister; 3
(m) a local government councillor; 4
(n) a local government employee. 5
tribunal member means an individual who is appointed as a 6
member of a panel of misconduct tribunal members under 7
section 5.'. 8
(2) Schedule 2, definition senior member, `section 5(3)'-- 9
omit, insert-- 10
`section 5(2)'. 11
(3) Schedule 2-- 12
renumber as schedule. 13
Part 4 Amendment of Police Powers 14
and Responsibilities Act 2000 15
Clause 48 Act amended in pt 4 16
(1) This part amends the Police Powers and Responsibilities Act 17
2000. 18
(2) A reference in this part to a provision of the Police Powers 19
and Responsibilities Act 2000 is a reference to the provision 20
as numbered before relocation and renumbering under the 21
Cross-Border Law Enforcement Legislation Amendment Act 22
2005 and any subsequent renumbering under another Act. 23
(3) If the provision is relocated and renumbered, or subsequently 24
renumbered, as mentioned in subsection (2), the reference in 25
this part to the provision is taken to be a reference to the 26
provision as relocated and renumbered, or subsequently 27
renumbered. 28
s 49 32 s 52
Crime and Misconduct and Other Legislation
Amendment Bill 2006
Clause 49 Amendment of s 159 (Monitor's functions) 1
Section 159-- 2
insert-- 3
`(2A) If a report under subsection (2) includes a report on 4
noncompliance involving police officers who are also 5
commission officers under the Crime and Misconduct Act 6
2001, the monitor must also give a copy of the report to-- 7
(a) the CMC; and 8
(b) the Parliamentary Crime and Misconduct Committee of 9
the Legislative Assembly.'. 10
Clause 50 Expiry of pt 4 11
This part expires immediately after section 49 has effect. 12
Part 5 Amendment of Whistleblowers 13
Protection Act 1994 14
Clause 51 Act amended in pt 5 15
This part amends the Whistleblowers Protection Act 1994. 16
Clause 52 Amendment of s 47 (Right to apply for Industrial 17
Commission injunction) 18
(1) Section 47(1)(a), from `1999'-- 19
omit, insert-- 20
`1999; and'. 21
(2) Section 47(1)(b), from `1999' to `flexibility agreement'-- 22
omit, insert-- 23
`1999 or an industrial instrument'. 24
(3) Section 47(3), `section 5'-- 25
s 53 33 s 55
Crime and Misconduct and Other Legislation
Amendment Bill 2006
omit, insert-- 1
`section 277 '.1
2
(4) Section 47(5), `, section 5'-- 3
omit. 4
Part 6 Amendment of Witness 5
Protection Act 2000 6
Clause 53 Act amended in pt 6 7
This part amends the Witness Protection Act 2000. 8
Clause 54 Amendment of s 8 (Content of protection agreement) 9
Section 8(2)(a)(iii) and (iv), `compromise'-- 10
omit, insert-- 11
`threaten'. 12
Clause 55 Amendment of s 12 (Suspension of protection 13
agreement) 14
Section 12(1)-- 15
omit, insert-- 16
`(1) This section applies if the chairperson is satisfied that, 17
because of something a protected witness has done or intends 18
to do-- 19
(a) the integrity of the program or other witness protection 20
activities of the commission are threatened; or 21
1 Industrial Relations Act 1999, section 277 (Power to grant injunctions)
s 56 34 s 57
Crime and Misconduct and Other Legislation
Amendment Bill 2006
1
Example--
2
The protected witness discloses information about the
3
methodology of the program or the identity of witness protection
4
officers.
(b) the protected witness can not be properly protected 5
under the program. 6
7
Examples--
8
1 The protected witness may be temporarily in custody in a
9
watch-house.
10
2 The protected witness may be imprisoned for an offence.
11
3 The protected witness may intend to travel to a place despite
12
the chairperson having advised the person not to go there
13
because of the risk of harm to the person.'.
Clause 56 Amendment of s 14 (When chairperson may end 14
protection under program) 15
(1) Section 14(1)(a)(iii), `under'-- 16
omit, insert-- 17
`mentioned in'. 18
(2) Section 14(1)(b), from `because'-- 19
omit, insert-- 20
`because-- 21
(i) the integrity of the program or other witness 22
protection activities of the commission are 23
threatened because of something the protected 24
witness has done or intends to do; or 25
(ii) the protected witness can not be properly protected 26
under the program because of something the 27
protected witness has done or intends to do.'. 28
Clause 57 Insertion of new pt 2A 29
After section 14-- 30
insert-- 31
s 57 35 s 57
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`Part 2A Arrangements for short-term 1
protection 2
`14A Application of pt 2A 3
`(1) This part applies to a person if-- 4
(a) the person is not included, or being considered for 5
inclusion, in the program; but 6
(b) the chairperson considers-- 7
(i) the person needs the type of protection available 8
under the program for a specific purpose and for a 9
specific period because of a danger arising from a 10
circumstance mentioned in subsection (2); and 11
12
Example--
13
The chairperson may consider that a person needs
14
protection to safely attend court to give evidence.
(ii) it is appropriate to provide the protection. 15
`(2) For subsection (1)(b)(i), the circumstances are that the 16
person-- 17
(a) has helped, or is helping, a law enforcement agency in 18
the performance of its functions; or 19
(b) has a relationship or association with a person who has 20
helped, or is helping, a law enforcement agency in the 21
performance of its functions. 22
23
Example for paragraph (b)--
24
a family member or an associate of a person who has helped a
25
law enforcement agency in a criminal investigation
`(3) In deciding under subsection (1)(b)(ii) whether it is 26
appropriate to provide the protection, the chairperson-- 27
(a) may have regard to any of the matters mentioned in 28
section 6(3); and 29
(b) must consider whether it would be more appropriate to 30
include the person in the program and, if necessary, 31
make an interim protection agreement with the person. 32
s 57 36 s 57
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`14B Arrangements for short term protection 1
`(1) The chairperson may enter into an arrangement for a specific 2
purpose and for a specific period (a short-term protection 3
arrangement) with a person to whom this part applies. 4
`(2) The arrangement must state the purpose and period for which 5
it is made. 6
`(3) The arrangement may include conditions of a kind mentioned 7
in section 8 that the chairperson considers appropriate. 8
`(4) Unless it is sooner ended under section 14E or 14F, the 9
arrangement ends on the day the earlier of the following 10
happens-- 11
(a) the purpose is completed; 12
(b) the period ends. 13
`14C Variation of short-term protection arrangement 14
`(1) A short-term protection arrangement may be varied-- 15
(a) by agreement between the chairperson and the person 16
protected under the arrangement (the short-term 17
protected person); or 18
(b) by the chairperson. 19
`(2) If the arrangement is varied by agreement, the variation takes 20
effect on the day stated in the agreement or, if no day is stated, 21
the day after the agreement is made. 22
`(3) However, if the chairperson proposes to vary the arrangement 23
without agreement, the chairperson must, before varying the 24
arrangement-- 25
(a) notify the short-term protected person of the proposed 26
variation and the reason for the variation; and 27
(b) give the person a reasonable opportunity to comment on 28
the proposed variation. 29
`(4) If, after considering any comments, the chairperson still 30
proposes to vary the arrangement, the chairperson may vary 31
the arrangement by notice given to the short-term protected 32
person. 33
s 57 37 s 57
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`(5) The variation takes effect on the day after the notice is 1
received by the short-term protected person. 2
`14D Suspension of short-term protection arrangement 3
`(1) This section applies if the chairperson is satisfied that, 4
because of something a short-term protected person has done 5
or intends to do-- 6
(a) the integrity of the program or other witness protection 7
activities of the commission are threatened; or 8
(b) the short-term protected person can not be properly 9
protected under the short-term protection arrangement. 10
`(2) The chairperson may suspend the short-term protection 11
arrangement for a stated reasonable time by notice given to 12
the short-term protected person. 13
`(3) This section does not limit section 14F. 14
`14E Voluntary ending of short-term protection 15
arrangement 16
`(1) A short-term protected person may end the person's 17
short-term protection arrangement by written or oral notice 18
given to the chairperson. 19
`(2) If the notice is given orally, the chairperson must take 20
reasonable steps to have the notice confirmed in writing. 21
`(3) If the short-term protected person is unwilling or unable to 22
confirm the notice in writing, the chairperson must satisfy 23
himself or herself that the oral notice was in fact given by the 24
person. 25
`(4) If the chairperson is satisfied the short-term protected person 26
did give notice of the ending of the arrangement, the 27
chairperson may end the arrangement-- 28
(a) if the notice was written--on the day stated in the notice 29
or, if no day is stated, the day after the chairperson 30
receives the notice; or 31
(b) if the notice was given orally--on the day after the 32
chairperson is satisfied the oral notice was in fact given. 33
s 57 38 s 57
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`14F When chairperson may end short-term protection 1
arrangement 2
`(1) The chairperson may end a short-term protection arrangement 3
if-- 4
(a) the chairperson is satisfied-- 5
(i) the short-term protected person has committed an 6
offence against a law of the Commonwealth or a 7
State that is punishable by at least 1 year's 8
imprisonment; or 9
(ii) the short-term protected person has, without 10
reasonable excuse, contravened a condition 11
identified in the arrangement as a condition that, if 12
contravened, may result in the ending of the 13
arrangement; or 14
(b) the chairperson considers it is no longer appropriate for 15
the short-term protected person to be protected, 16
including, for example-- 17
(i) because-- 18
(A) the integrity of the program or other witness 19
protection activities of the commission are 20
threatened because of something the person 21
has done or intends to do; or 22
(B) the person can not be properly protected 23
under the arrangement because of something 24
the person has done or intends to do; or 25
(ii) because the circumstances, mentioned in section 26
14A(2), for which the arrangement was made have 27
changed or no longer exist. 28
`(2) Before ending the arrangement, the chairperson must take the 29
steps the chairperson considers are reasonably necessary-- 30
(a) to inform the short-term protected person-- 31
(i) why it is proposed to end the arrangement; and 32
(ii) when the arrangement will end; and 33
s 58 39 s 58
Crime and Misconduct and Other Legislation
Amendment Bill 2006
(b) to give the short-term protected person a reasonable 1
opportunity to state why the arrangement should not 2
end. 3
`(3) After considering any response, the chairperson may end the 4
arrangement on the date stated under subsection (2)(a)(ii) or 5
decide not to end the arrangement. 6
`(4) If-- 7
(a) the chairperson ends the arrangement; and 8
(b) the short-term protected person acknowledges that the 9
arrangement has ended; and 10
(c) immediately before the arrangement ended, the 11
short-term protected person was receiving financial help 12
under the arrangement; 13
the chairperson may continue to provide financial help to the 14
person for the period the chairperson considers appropriate.'. 15
Clause 58 Replacement of s 36 (Offence of disclosures about 16
protected witnesses or officers) 17
Section 36-- 18
omit, insert-- 19
`36 Offence of disclosure about particular persons or the 20
program 21
`(1) A person must not knowingly, directly or indirectly, disclose 22
or record information about a relevant person or the witness 23
protection program that may threaten-- 24
(a) the security of a relevant person; or 25
(b) the integrity of the program or other witness protection 26
activities of the commission. 27
Maximum penalty--10 years imprisonment. 28
`(2) Subsection (1) does not apply to a disclosure or record that-- 29
(a) is necessary to provide witness protection; or 30
(b) is made with the chairperson's consent; or 31
s 59 40 s 59
Crime and Misconduct and Other Legislation
Amendment Bill 2006
(c) is otherwise required for the administration of this Act 1
or the Crime and Misconduct Act 2001; or 2
(d) is either-- 3
(i) permitted by leave given under section 27 before 4
the commencement of section 27A (as inserted by 5
the Cross-Border Law Enforcement Legislation 6
Amendment Act 2005); or 7
(ii) permitted by leave, or required by an order, given 8
under section 27A. 9
`(3) In this section-- 10
disclose information, includes allow access to the 11
information. 12
relevant person means a person who is, or has been-- 13
(a) included in the witness protection program; or 14
(b) protected under an interim protection agreement; or 15
(c) protected under a short-term protection arrangement; or 16
(d) a witness protection officer for whom an authorisation 17
has been given under section 20A(1).'. 18
Clause 59 Replacement of s 37 (Offence of disclosure by prescribed 19
persons) 20
Section 37-- 21
omit, insert-- 22
`37 Offence of disclosure by prescribed persons 23
`(1) A prescribed person must not, directly or indirectly, disclose 24
or communicate to another person-- 25
(a) that the prescribed person or someone else known to the 26
prescribed person has-- 27
(i) undergone assessment for inclusion in the 28
program; or 29
(ii) signed a protection agreement; or 30
s 59 41 s 59
Crime and Misconduct and Other Legislation
Amendment Bill 2006
(iii) undergone assessment for an interim protection 1
agreement or short-term protection arrangement; 2
or 3
(iv) signed an interim protection agreement or entered 4
into a short-term protection arrangement; or 5
(b) details of a protection agreement signed by the 6
prescribed person or someone else known to the 7
prescribed person; or 8
(c) details of an interim protection agreement signed by the 9
protected person or someone else known to the 10
protected person; or 11
(d) details of a short-term protection arrangement entered 12
into by the protected person or someone else known to 13
the protected person; or 14
(e) information about anything done under this Act by-- 15
(i) a person who was the chairperson of the Criminal 16
Justice Commission under the Criminal Justice Act 17
1989 or an officer of the witness protection 18
division of that commission; or 19
(ii) the chairperson or a witness protection officer; or 20
(f) information gained by the person because of something 21
done under this Act and about-- 22
(i) a person who was an officer of the witness 23
protection division of the Criminal Justice 24
Commission under the Criminal Justice Act 1989; 25
or 26
(ii) a witness protection officer. 27
Maximum penalty--1 year's imprisonment. 28
`(2) Subsection (1) does not apply to a disclosure or 29
communication-- 30
(a) authorised by the chairperson; or 31
(b) necessary to give effect to a new identity authority; or 32
(c) that is either-- 33
s 60 42 s 61
Crime and Misconduct and Other Legislation
Amendment Bill 2006
(i) permitted by leave given under section 27 before 1
the commencement of section 27A (as inserted by 2
the Cross-Border Law Enforcement Legislation 3
Amendment Act 2005); or 4
(ii) permitted by leave, or required by an order, given 5
under section 27A; or 6
(d) to the parliamentary committee. 7
`(3) In this section-- 8
prescribed person means-- 9
(a) a protected witness; or 10
(b) a former protected witness; or 11
(c) a person who has undergone assessment for inclusion in 12
the program; or 13
(d) a person who is, or has been, given protection under 14
section 9 or part 2A; or 15
16
Note--
17
Section 9 deals with interim protection and part 2A deals with
18
arrangements for short-term protection.
(e) a person who has undergone assessment for protection 19
under section 9 or part 2A.'. 20
Clause 60 Amendment of s 48 (Delegation) 21
Section 48(2)(a), after `interim protection'-- 22
insert-- 23
`or protection under a short-term protection arrangement'. 24
Clause 61 Amendment of sch 2 (Dictionary) 25
Schedule 2-- 26
insert-- 27
`other witness protection activities, of the commission, means 28
activities of the commission under this Act relating to interim 29
protection agreements or short-term protection arrangements. 30
s 61 43 s 61
Crime and Misconduct and Other Legislation
Amendment Bill 2006
short-term protected person see section 14C(1). 1
short-term protection arrangement see section 14B(1).'. 2
44
Crime and Misconduct and Other Legislation
Amendment Bill 2006
Schedule Minor amendments of Crime 1
and Misconduct Act 2001 2
section 3 3
1 Chapter 3, part 1, division 2, subdivision 1, heading, after 4
`investigations'-- 5
insert-- 6
`and witness protection function'. 7
2 Section 166(6), definition prescribed information, 8
paragraph (a)-- 9
insert-- 10
`(ix) monitoring orders; or 11
(x) suspension orders; or'. 12
3 Section 169(2)(b) and (c)-- 13
renumber as section 169(2)(a) and (b). 14
4 Chapter 4, part 2, division 2, subdivision 1, heading, after 15
`investigations'-- 16
insert-- 17
`and witness protection function'. 18
5 Chapter 4, part 2, division 3, subdivision 1, heading, after 19
`investigations'-- 20
insert-- 21
`and witness protection function'. 22
45
Crime and Misconduct and Other Legislation
Amendment Bill 2006
Schedule (continued)
6 Chapter 4, part 2, division 4, subdivision 1, heading, after 1
`investigations'-- 2
insert-- 3
`and witness protection function'. 4
7 Section 221A, `1997'-- 5
omit, insert-- 6
`1977'. 7
8 Section 322(1)(b), after `evidence'-- 8
insert-- 9
`under this part'. 10
9 Section 323, `parliamentary committee under the 11
Parliamentary Papers Act 1992'-- 12
omit, insert-- 13
`statutory committee under the Parliament of Queensland Act 14
2001'. 15
© State of Queensland 2006
AMENDMENTS TO BILL
1
Crime and Misconduct and Other Legislation
Amendment Bill 2006
Crime and Misconduct and Other
Legislation Amendment Bill 2006
Amendments agreed to during Consideration
1 Clause 2 (Commencement)--
At page 6, line 7, after `on'--
omit, insert--
`the date of assent.'.
2 Clause 6 (Insertion of new ch 3, pt 1, div 2A)--
At page 8, lines 25 and 26, from `believes' to
`investigation.'--
omit, insert--
`believes, on reasonable grounds, is--
(a) in the witness's possession; and
(b) relevant to the investigation.'.
3 Clause 10 (Amendment of s 178 (Who must conduct
hearings))--
At page 12, line 19, `the public'--
omit, insert--
`a public'.
4 Clause 10 (Amendment of s 178 (Who must conduct
hearings))--
At page 12, line 21--
omit, insert--
`chairperson.
2
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`(2A) More than 1 public hearing may be conducted at the same
time.'.'.
5 After clause 35--
At page 24, after line 22--
insert--
`Part 2A Amendment of Corrective
Services Act 2006
`35A Act amended in pt 2A
`This part amends the Corrective Services Act 2006.
`35B Amendment of s 497 (Insertion of new pt 9, div 3)
`(1) Section 497, new section 160--
insert--
`impose, a term of imprisonment on an offender for an
offence, includes make an order that the offender serve the
whole or part of suspended imprisonment for the offence.'.
`(2) Section 497, new section 160, definition period of
imprisonment, as a note--
insert--
`Note--
Period of imprisonment therefore includes the term of imprisonment a
court is imposing at the time of sentence.'.
`(3) Section 497, new section 160A(2), as a note--
insert--
`Note--
Sections 160E to 160H further provide for the orders that may be made
under sections 160B to 160D.'.
3
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`(4) Section 497, new section 160B(1), `apply'--
omit, insert--
`applies'.
`(5) Section 497, new section 160H(1)(b), `under this part
would'--
omit, insert--
`under this division would, because of section 160E,'.
`(6) Section 497, new section 160H(2), `under this part'--
omit, insert--
`under this division'.
`(7) Section 497, new section 160H(2), example, after `period of
imprisonment'--
insert--
`which must not be a date earlier in time than a parole release date
notionally fixed under any of the previous orders the court would, apart
from this section, be required to make'.
`Part 2B Amendment of Electoral Act
1992
`35C Act amended in pt 2B
`This part amends the Electoral Act 1992.
`35D Amendment of s 3 (Definitions)
`Section 3, definition institution, paragraph (f)--
omit.
4
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`35E Amendment of s 58 (Commission to keep electoral rolls)
`(1) Section 58--
insert--
`(6A) Also, to enable the commission to decide the persons who are
not entitled to vote because of section 101(3), the commission
may ask the chief executive (corrective services) to give the
commission information about persons who are serving
sentences of imprisonment for offences against the law of the
Commonwealth or of a State or Territory.'.
`(2) Section 58(7), after `entity'--
insert--
`or chief executive (corrective services)'.
`35F Amendment of s 64 (Entitlement to enrolment)
`Section 64(5)--
omit.
`35G Amendment of s 101 (Who may vote)
`Section 101--
insert--
`(3) Also, a person who is serving a sentence of imprisonment is
not entitled to vote at an election for an electoral district.
`(4) For subsection (3), a person is serving a sentence of
imprisonment only if--
(a) the person is in detention on a full-time basis for an
offence against a law of the Commonwealth or a State or
Territory; and
(b) the detention is attributable to the sentence of
imprisonment concerned.'.
5
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`35H Amendment of s 105 (Who may make a declaration vote)
`(1) Section 105(2)(f)--
omit.
`(2) Section 105(2)(g)--
renumber as section 105(2)(f).
`Part 2C Amendment of Local
Government Act 1993
`35I Act amended in pt 2C
`This part amends the Local Government Act 1993.
`35J Amendment of s 336 (Procedure for voting at a polling
booth)
`Section 336(7)(a), `344(a), (b) or (c)'--
omit, insert--
`344(1)(a), (b), (c) or (d)'.
`35K Amendment of s 343 (Who may cast a declaration vote)
`Section 343(f)--
omit.
`35L Amendment of s 344 (Who must cast a declaration vote in
ordinary elections)
`(1) Section 344(d)--
renumber as section 344(1)(e).
6
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`(2) Section 344--
insert--
`(d) an elector who is serving a sentence of imprisonment on
the cut off day for the election, but who is not serving a
sentence of imprisonment on the polling day for the
election;'.
`(3) Section 344--
insert--
`(2) For subsection (1)(d), a person is serving a sentence of
imprisonment only if--
(a) the person is in detention on a full-time basis for an
offence against a law of the Commonwealth or a State or
Territory; and
(b) the detention is attributable to the sentence of
imprisonment concerned.'.
`35M Amendment of s 347 (Distribution of ballot papers to
other electors who may or must cast declaration vote)
`Section 347(1), `section 343(a) to (f)'--
omit, insert--
`section 343(a) to (e)'.
`35N Amendment of s 349 (Distribution of ballot papers to
electors for postal ballot election)
`Section 349(2)(a), `344(a), (b) or (c)'--
omit, insert--
`344(1)(a), (b), (c) or (d)'.
7
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`35O Amendment of s 352 (Declaration voting before polling
day)
`Section 352(1), `section 343(a) to (f)'--
omit, insert--
`section 343(a) to (e)'.
`35P Amendment of s 357 (Effect of ballot
papers--optional-preferential voting)
`Section 357(2)(d)(ii), `section 343(a) to (f)'--
omit, insert--
`section 343(a) to (e)'.
`35Q Amendment of s 358 (Effect of ballot
papers--first-past-the-post voting)
`Section 358(2)(d)(ii), `section 343(a) to (f)'--
omit, insert--
`section 343(a) to (e)'.
`35R Amendment of s 381 (Notice to electors whose ballot
papers are not accepted)
`Section 381(1)(a), `344(a)'--
omit, insert--
`344(1)(a)'.
`35S Amendment of sch 2 (Dictionary)
`(1) Schedule 2, definition institution, paragraph (f)--
omit.
`(2) Schedule 2, definition institution, paragraph (g)--
renumber as paragraph (f).'.
8
Crime and Misconduct and Other Legislation
Amendment Bill 2006
6 After clause 49--
At page 32, after line 10--
insert--
`49A Amendment of s 408 (Who may inspect CMC's register)
`Section 408(a), as numbered before the commencement of
section 459A of the Police Powers and Responsibilities Act
2000--
omit, insert--
`(a) the CMC chairperson; or'.'.
7 After clause 50--
At page 32, after line 12--
insert--
`Part 4A Amendment of Referendums
Act 1997
`50A Act amended in pt 4A
`This part amends the Referendums Act 1997.
`50B Amendment of s 21 (Who may vote)
`Section 21--
insert--
`(3) Also, a person who is serving a sentence of imprisonment is
not entitled to vote at a referendum.
`(4) For subsection (3), a person is serving a sentence of
imprisonment only if--
(a) the person is in detention on a full-time basis for an
offence against a law of the Commonwealth or a State or
Territory; and
(b) the detention is attributable to the sentence of
imprisonment concerned.
9
Crime and Misconduct and Other Legislation
Amendment Bill 2006
`(5) To enable the commission to decide the persons who are not
entitled to vote because of subsection (3), the commission
may ask the chief executive (corrective services) to give the
commission information about persons who are serving
sentences of imprisonment for offences against the law of the
Commonwealth or of a State or Territory.
`(6) The chief executive (corrective services) must give the
commission the information as soon as practicable after
receiving the request.
`(7) Subsection (6) has effect despite the provisions of any other
Act that would otherwise permit or require the chief executive
(corrective services) to refuse the commission's request.'.
`50C Amendment of s 25 (Who may make a declaration vote)
`(1) Section 25(2)(f)--
omit.
`(2) Section 25(2)(g)--
renumber as section 25(2)(f).'.
`50D Amendment of sch 3 (Dictionary)
`Schedule 3, definition institution, `section 3.' and footnote--
omit, insert--
`section 3.'.'.
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