Queensland Numbered Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) AND OTHER LEGISLATION AMENDMENT ACT 2023 - SECT 82

82 Insertion of new pt 11, div 22

Part 11 —
insert —

Division 22 - Validation and transitional provisions for Child Protection (Offender Reporting and Offender Prohibition Order) and Other Legislation Amendment Act 2023

414 Definition for division In this division—

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

415 Validation of holding of child remanded in custody before commencement

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

(a) a child was remanded in custody by a court; and

(b) the child was subsequently held by the commissioner of the police service; and

(c) the court did not make an order under former section 56(4) in relation to the child.

(2) The child is taken to have been in the lawful custody of the commissioner of the police service while the child was held by the commissioner.

(3) Anything done in good faith in relation to the child while the child was held by the commissioner of the police service is as valid and lawful as it would have been if the court had made an order under former section 56(4) in relation to the child.

(4) To remove any doubt, it is declared that, in a proceeding in which good faith under subsection (3) is relevant, the burden of proof is on the person who seeks to show a lack of good faith.

416 Validation of holding of child sentenced to detention before commencement

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

(a) a child was sentenced by a court to serve a period of detention; and

(b) the child was subsequently held by the commissioner of the police service; and

(c) the court did not issue a warrant under former section 210(2) in relation to the child.

(2) The child is taken to have been in the lawful custody of the commissioner of the police service while the child was held by the commissioner.

(3) Anything done in good faith in relation to the child while the child was held by the commissioner of the police service is as valid and lawful as it would have been if the court had issued a warrant under former section 210(2) in relation to the child.

(4) To remove any doubt, it is declared that, in a proceeding in which good faith under subsection (3) is relevant, the burden of proof is on the person who seeks to show a lack of good faith.

417 Application of s 56 to child remanded in custody before commencement Section 56 applies to a child who—

(a) before the commencement was remanded in custody by a court; and

(b) was subsequently held by the commissioner of the police service; and

(c) on the commencement is still held by the commissioner of the police service.

418 Application of s 210 to child sentenced to detention before commencement Section 210 applies to a child who—

(a) before the commencement was sentenced by a court to serve a period of detention; and

(b) was subsequently held by the commissioner of the police service; and

(c) on the commencement is still held by the commissioner of the police service.