Queensland Numbered Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 39

39 Insertion of new pt 7, div 7

Part 7 —
insert—

Division 7 - Transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023

95 Definitions for division In this division—

"amending Act" means the Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023 .

"former" , for a provision of this Act, means the provision in force from time to time before the commencement.

"new" , for a provision of this Act, means the provision in force from the commencement.

96 Existing offender reporting orders An offender reporting order made under former section 13 is taken to be an offender reporting order made under—

(a) for an order made against a person convicted of an offence that is not a prescribed offence—new section 12B; or

(b) for an order made against a person the subject of a forensic order—new section 12C.

97 Existing applications for offender reporting order

(1) An application for an offender reporting order mentioned in former section 13(5)(b) is taken to be an application for an offender reporting order mentioned in new section 12E.

(2) This Act as in force from the commencement applies for hearing and deciding the application.

98 Existing appeals against making of, or refusal to make, offender reporting order

(1) This section applies to an appeal under former section 13(6) or (7) started, but not decided, before the commencement.

(2) The court to which the appeal was made may continue to hear and decide the appeal as if the amending Act had not been enacted.

99 Existing rights of appeal against making of, or refusal to make, offender reporting order

(1) This section applies if, immediately before the commencement—

(a) a person could have, but had not, started an appeal under former section 13(6) or (7); and

(b) the period within which the person could start the appeal had not ended.

(2) The person may, within the period mentioned in subsection (1)(b), start the appeal and the court to which the appeal is made may hear and decide the appeal as if the amending Act had not been enacted.

100 Existing notices about reporting obligations given by police commissioner

(1) This section applies if, immediately before the commencement, a reportable offender’s reporting period had not ended.

(2) A notice given to the reportable offender by the police commissioner under former section 54(5) before the commencement is taken to be a reporting obligations notice given to the offender under new section 54A.

(3) If the notice is the first notice the police commissioner gave the reportable offender after an event mentioned in former section 54(2) happened, the notice is taken to be the initial reporting obligations notice given to the offender under new section 54A(1).

101 Reporting offenders convicted of device inspection offences

(1) This section applies in relation to a person who, on the commencement, is a reportable offender who has been convicted of a device inspection offence.

(2) The police commissioner must ensure new section 68(2)(f) and (4) are complied with in relation to the reportable offender within 3 months after the commencement.

Note—

See new section 74(2) and (3) for the reportable offender’s right to apply for a review of the decision to place on the register information that the person is a reportable offender who has been convicted of a device inspection offence.

102 Existing reviews about entry on register

(1) This section applies to a review under former section 74 started, but not decided, before the commencement.

(2) The police commissioner may continue to consider, and decide, the review under former section 74 as if the amending Act had not been enacted.

103 Existing rights of review about entry on register

(1) This section applies if, immediately before the commencement—

(a) a person could have, but had not, applied to the police commissioner for a review under former section 74; and

(b) the period within which the person could apply for the review had not ended.

(2) The person may, within the period mentioned in subsection (1)(b), apply for the review and the police commissioner may consider and decide the review, under former section 74, as if the amending Act had not been enacted.