Queensland Numbered Acts

CRIMINAL CODE (DRINK SPIKING) AND OTHER ACTS AMENDMENT ACT 2006 No. 45 - SECT 8

After chapter 7--

insert--

'(1) This section applies to a prisoner sentenced for a sexual offence committed before the commencement of this section (the commencement), whether or not the prisoner was sentenced for the offence after the commencement.

'(2) If, before the commencement, the prisoner had an expectation to be granted prohibited leave after the commencement, it is extinguished.

'(3) An application for prohibited leave made by the prisoner, but not decided, before the commencement is of no effect.

'(4) If this section is inconsistent with section 473, this section prevails to the extent of the inconsistency.

'(5) In this section--

expectation includes right, privilege, entitlement and eligibility.

prohibited leave means leave of absence other than compassionate leave or health leave.

'(1) This section applies to a prisoner to whom section 478A(1) applies if--

(a) the prisoner was granted resettlement leave before the commencement of section 82(1)(e) (the commencement); and

(b) the chief executive cancels the operation of the order for the prisoner's resettlement leave under section 85(2) because the Queensland board suspended or cancelled the prisoner's resettlement leave program, whether before or after the commencement.

'(2) The pre-amended Act applies for the purpose of the following--

(a) section 80;

(b) an amendment of the resettlement leave program;

(c) an application made under the Judicial Review Act 1991 in relation to the Queensland board's decision to suspend or cancel the resettlement leave program.

'(3) If the Queensland board, whether before or after the commencement, changes its decision to suspend or cancel its approval of the resettlement leave program for the prisoner, the chief executive must act under section 74 to give effect to the changed decision as if section 9 of the amending Act had not been enacted.

'(4) If the Queensland board, whether before or after the commencement approves a resettlement leave program for the prisoner following an order made under the Judicial Review Act 1991, section 30, the chief executive must act under section 74 in relation to the approved resettlement leave program as if section 9 of the amending Act had not been enacted.

'(5) If, in accordance with subsection (3) or (4), the chief executive grants the prisoner resettlement leave, the pre-amended Act applies to the prisoner for the resettlement leave.

'(6) In this section--

amending Act means the Criminal Code (Drink Spiking) and Other Acts Amendment Act 2006.

pre-amended Act means this Act as in force immediately before the commencement of section 9 of the amending Act.'.