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1
Summary Offences Bill 2004
SUMMARY OFFENCES BILL 2004
EXPLANATORY NOTES
FOR
AMENDMENTS TO BE MOVED DURING
CONSIDERATION IN DETAIL BY THE
HONOURABLE JUDY SPENCE MP
Title of the Bill
Summary Offences Bill 2004
Objectives of the Amendments
The amendments ensure there is no unintentional conflict between certain
clauses of the Bill and the provisions of the Industrial Relations Act 1999
or the Workplace Relations Act 1996 (Cwlth) and ensure that a clear
definition of `place' continues to apply to gaming offences under the
Criminal Code.
Alternative Ways of Achieving Policy Objectives
Amendments to the Bill are the most reliable way of ensuring there is no
unintended conflict between the Bill and existing industrial legislation.
There are no alternative ways of achieving the policy objective with respect
to the definition of `place'.
Estimated Cost for Government Implementation
No cost is involved in implementing change brought about by the
amendments.
Consistency with Fundamental Legislative Principles
There is no conflict with fundamental legislative principles.
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Summary Offences Bill 2004
Consultation
Mr Hughie Williams, Federal President and Queensland Branch Secretary
of the Transport Workers Union consulted the Minister with respect to the
amendments to sections 11, 12 and 13.
NOTES ON PROVISIONS
Clause 11 of the Bill is amended to ensure there is no conflict between the
clause and the provisions of the Industrial Relations Act 1999 and the
Workplace Relations Act 1966 (Cwlth). The latter Acts provide lawful
authority for an authorised industrial officer to enter a workplace to carry
out a function the officer may perform under those Acts. Clause 11 of the
Bill relates to trespass. Although the clause requires that an entry must be
unlawful before it constitutes a trespass, the amendment removes any doubt
that there could be a conflict between the Bill and the Acts.
Clause 12 of the Bill is amended to ensure there is no conflict between the
clause and the provisions of the Industrial Relations Act 1999 and the
Workplace Relations Act 1966 (Cwlth). The latter Acts provide lawful
authority for an authorised industrial officer to enter a workplace to carry
out a function the officer may perform under those Acts. Clause 12 of the
Bill relates to persons unlawfully gathering in or on a building or structure.
Although the clause requires that an entry to a building or structure must be
unlawful before the clause is activated, the amendment removes any doubt
that there could be a conflict between the Bill and the Acts.
Clause 13 of the Bill is amended to ensure there is no conflict between the
clause and the provisions of the Industrial Relations Act 1999 and the
Workplace Relations Act 1966 (Cwlth). The latter Acts provide lawful
authority for an authorised industrial officer to enter a workplace to carry
out a function the officer may perform under those Acts. Clause 13 of the
Bill relates to unlawfully entering farming land, etc. Although the clause
requires that an entry must be unlawful before it constitutes an offence, the
amendment removes any doubt that there could be a conflict between the
Bill and the Acts.
Amendment 4 amends the definition of `place' in the Suppression of
Gambling 1895. The purpose of the amendment is to ensure that the
definition of `place' is applied to the definition of `gaming Acts' in the
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Summary Offences Bill 2004
Suppression of Gambling Act 1895. The definition is for the purposes of
interpreting those sections of the Charitable and Non-Profit Gaming Act
1999, the Criminal Code sections 232 to 235, and the Racing Act 2002, that
currently rely on an identical definition of `place' in the Vagrants Gaming
and Other Offences Act 1931 for the purposes of interpretation. The
amendments do not alter the affect of the current legislation.
© State of Queensland 2005