Queensland Numbered Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) AND OTHER LEGISLATION AMENDMENT ACT 2023

- As at 1 September 2023
- Act 21 of 2023

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Short title
   1A.     Commencement

   PART 2 - AMENDMENT OF CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004

   2.      Act amended
   3.      Replacement of pt 3 (Offender reporting orders)
   4.      Amendment of s 13D (Matters court must consider before making prohibition order)
   5.      Amendment of s 13R (Explaining and giving notice of offender prohibition order to respondent)
   6.      Amendment of s 13S (Giving respondent copy of offender prohibition order dealt with in respondent’s absence)
   7.      Amendment of s 13ZA (Action by registrar and police commissioner after registration of corresponding order)
   8.      Amendment of s 14 (When reportable offender must make initial report)
   9.      Amendment of s 15 (Provision of personal details by corrective services)
   10.     Amendment of s 19 (When periodic reports must be made)
   11.     Insertion of new s 19B
   12.     Amendment of s 21 (Change of travel plans while out of Queensland to be given)
   13.     Amendment of s 24 (Information about international travel to be given to the AFP)
   14.     Amendment of pt 4, div 3, hdg (Provisions applying to all reporting obligations)
   15.     Replacement of ss 25 and 26
   16.     Amendment of s 28 (Receipt of information to be acknowledged)
   17.     Amendment of s 30 (Power to take fingerprints)
   18.     Amendment of s 33 (Reporting by remote offenders)
   19.     Amendment of s 50 (Failure to comply with reporting obligations)
   20.     Relocation and renumbering of s 51 (False or misleading information)
   21.     Relocation and renumbering of s 51A (Failing to comply with offender prohibition order)
   22.     Amendment, relocation and renumbering of s 51B (Access information for digital devices)
   23.     Relocation and renumbering of s 51C (Prohibition on disclosing protected information)
   24.     Relocation and renumbering of s 52 (No time limit for prosecutions)
   25.     Amendment, relocation and renumbering of s 52A (Proceedings for an indictable offence)
   26.     Amendment, relocation and renumbering of s 52B (Limitation on who may summarily hear a proceeding for an indictable offence and the level of penalty)
   27.     Amendment of s 54 (Notice to be given to reportable offender)
   28.     Insertion of new s 54A
   29.     Insertion of new pt 4AA
   30.     Amendment of s 67H (Application for internal review)
   31.     Amendment of s 68 (Child protection register)
   32.     Amendment of s 71 (Release of information to corresponding registrar)
   33.     Amendment of s 73 (Reportable offender’s rights in relation to register)
   34.     Amendment of s 74 (Review about entry on register)
   35.     Amendment of s 74E (Police Commissioner may give information to government and other entities)
   36.     Amendment of s 74F (Disclosing information about offender prohibition orders)
   37.     Amendment of s 77 (Evidentiary provisions)
   38.     Amendment, relocation and renumbering of s 77E (Reasonable excuse defence)
   39.     Insertion of new pt 7, div 7
   40.     Amendment of sch 2 (Personal details for reportable offenders)
   41.     Amendment of sch 4 (Decisions subject to review)
   42.     Amendment of sch 5 (Dictionary)

   PART 3 - AMENDMENT OF CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) REGULATION 2015

   43.     Regulation amended
   44.     Replacement of ss 3–5
   45.     Omission of ss 6–8
   46.     Amendment of s 13 (Who must give notice to reportable offender—Act, s 54(3))
   47.     Amendment of s 16 (Definition of corresponding Act)

   PART 3A - AMENDMENT OF MENTAL HEALTH ACT 2016

   47A.    Act amended
   47B.    Amendment of ch 21, hdg
   47C.    Insertion of new ch 21, pt 3

   PART 3B - AMENDMENT OF MINERAL RESOURCES ACT 1989

   47D.    Act amended
   47E.    Insertion of new ch 12, pt 4C
   47F.    Amendment of sch 2 (Dictionary)

   PART 4 - AMENDMENT OF POLICE POWERS AND RESPONSIBILITIES ACT 2000

   48.     Act amended
   49.     Amendment of s 21A (Power to enter for Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004)
   50.     Replacement of s 21B (Power to inspect digital devices for the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004)
   50A.    Amendment of s 46 (When power applies to behaviour)
   50B.    Insertion of new ch 2, pt 8
   50C.    Amendment of s 244 (Matters to be taken into account)
   50D.    Omission of s 378 (Additional case when arrest for being intoxicated in a public place may be discontinued)
   50E.    Amendment of s 394 (Duty of police officer receiving custody of person arrested for offence)
   50F.    Amendment of s 442 (Application of ch 16)
   50G.    Amendment of s 444 (Powers relating to thing taken from person taken to place of safety)
   50H.    Amendment of s 602C (Police officer may give initial police banning notice)
   50I.    Amendment of s 602G (How police banning notices may be given)
   50J.    Amendment of s 604 (Dealing with persons affected by potentially harmful things)
   50K.    Amendment of s 605 (Duties in relation to person detained under s 604)
   50L.    Omission of ss 606 and 607
   50M.    Amendment of s 640 (Transfer of persons in watch-houses)
   50N.    Insertion of new s 792B
   51.     Amendment of s 808A (Annual report about use of device inspection powers)
   52.     Insertion of new ch 24, pt 24
   53.     Amendment of sch 2 (Relevant offences for controlled operations and surveillance device warrants)
   54.     Amendment of sch 5 (Additional controlled activity offences)
   55.     Amendment of sch 6 (Dictionary)

   PART 5 - AMENDMENT OF POLICE POWERS AND RESPONSIBILITIES REGULATION 2012

   56.     Regulation amended
   57.     Amendment of s 16 (Prescribed particulars—Act, s 605(6))
   58.     Amendment of sch 9 (Responsibilities code)

   PART 6 - AMENDMENT OF POLICE SERVICE ADMINISTRATION ACT 1990

   59.     Act amended
   60.     Amendment of pt 11, hdg (Transitional and declaratory provisions)
   61.     Insertion of new pt 11, div 16

   PART 7 - AMENDMENT OF SUMMARY OFFENCES ACT 2005

   62.     Act amended
   63.     Amendment of s 7 (Urinating in a public place)
   64.     Omission of s 8 (Begging in a public place)
   65.     Omission of s 10 (Being intoxicated in a public place)

   PART 8 - AMENDMENT OF SUPREME COURT OF QUEENSLAND ACT 1991

   66.     Act amended
   67.     Amendment of pt 12, hdg
   68.     Insertion of new s 95

   PART 9 - AMENDMENT OF YOUTH JUSTICE ACT 1992

   69.     Act amended
   70.     Replacement of s 56 (Custody of child if not released by court)
   71.     Amendment of s 135 (Where offender is detained for adult offence)
   72.     Amendment of s 210 (Detention to be served in detention centre)
   73.     Amendment of s 262 (Establishment of detention centres and other places)
   74.     Insertion of new s 262A
   75.     Amendment of s 272 (Ordinary visitor)
   76.     Amendment of s 276DB (Review by Childrens Court)
   77.     Omission of s 276G (Application of subdivision)
   78.     Amendment of s 276H (Prison transfer notice)
   79.     Amendment of s 276I (Decision of chief executive)
   80.     Amendment of s 276J (Review by Childrens Court)
   81.     Amendment of part 11, hdg (Transitional provisions)
   82.     Insertion of new pt 11, div 22