Queensland Consolidated Acts

CRIMINAL CODE 1899 - SECT 736

736 Review of consorting provisions

(1) The Minister must, as soon as practicable after the day that is 5 years after the commencement of the consorting provisions, appoint a retired judge (the
"reviewer" ) to—

(a) review the operation of the consorting provisions; and

(b) prepare, and give the Minister, a written report on the outcome of the review.

(2) The terms of reference for the review are the terms decided by the Minister.

(3) Without limiting subsection (2), the terms of reference for the review must state the following matters—

(a) the object of the review is for the reviewer to decide whether the consorting provisions have been effective in disrupting serious and organised crime;

(b) if the reviewer decides the consorting provisions have not been effective in disrupting serious and organised crime, the reviewer must recommend any amendments of the provisions the reviewer considers necessary to improve the effectiveness of the provisions;

(c) in conducting the review, the reviewer must consider whether any demographic has been disproportionately or adversely affected by the consorting provisions.

Example—

Aboriginal people, Torres Strait Islanders, homeless people, drug dependent people

(4) The Minister must, within 14 sitting days after receiving the reviewer’s report for the review, table a copy of the report in the Legislative Assembly.

(5) In this section—

"consorting provisions" means—

(a) part 2, chapter 9A; and

(b) the following provisions of the Police Powers and Responsibilities Act 2000 —

†¢ section 30(i)

• section 32(2)(b)

• section 41(p)

• section 41A

• section 43B

• chapter 2, part 6A

†¢ section 60(3)(k).

"retired judge" means—

(a) a retired Supreme Court judge; or

(b) a retired District Court judge.