Queensland Numbered Acts

CORRECTIVE SERVICES AND OTHER LEGISLATION AMENDMENT ACT 2020 - SECT 53

53 Amendment of sch 4 (Dictionary)

(1) Schedule 4 , definitions
"conditional release" ,
"conditional release order" ,
"dangerous drug" ,
"probation and parole office" ,
"released" ,
"scanning search" ,
"secure facility" (both mentions) and
"sexual offence" —
omit.

(2) Schedule 4 —
insert—

"alcohol test" , for chapter 6, part 9A, see section 306A.

"community corrections office" means an office where an offender subject to a parole order or community based order may be required to report to a corrective services officer.

"corrective services officer recruit" , for chapter 6, part 9A, see section 306A.

"corrective services person" , for chapter 6, part 9A, see section 306B.

"dangerous drug" means a dangerous drug under the Drugs Misuse Act 1986.

"low alcohol limit" , for chapter 6, part 9A, see section 306C(b).

"misconduct" , for a staff member, means conduct that would constitute a disciplinary ground under the Public Service Act 2008, section 187 if the staff member were a public service employee under that Act .

"no alcohol limit" , for chapter 6, part 9A, see section 306C(a).

"random alcohol test" , for chapter 6, part 9A, see section 306A.

"random substance test" , for chapter 6, part 9A, see section 306A.

"released" means released on parole.

"sample" , for chapter 6, part 9A, see section 306A.

"scanning search" , of a person—

1 A
"scanning search" of a person is a search of the person by electronic or other means that does not require the person to remove the person’s clothing but may require another person or an apparatus to touch or come into contact with the person.

Examples—

• using an electronic apparatus through which a person is required to pass

• using a corrective services dog that is trained to detect the scent of a prohibited thing to search a person

2 For paragraph 1, an apparatus for touching or coming into contact with a person who is submitting to a scanning search is an apparatus prescribed by regulation for this definition.

"secure facility" —

(a) generally, means a prison with a perimeter fence, or other security measures, that are designed to prevent the escape of a prisoner; and

(b) for chapter 6, part 13A, see section 344B.

"sexual offence" means—

(a) an offence mentioned in schedule 1; or

(b) an offence against a law applying, or that applied, in another jurisdiction if the offence substantially corresponds to an offence mentioned in schedule 1.

"substance test" , for chapter 6, part 9A, see section 306A.

"targeted substance" , for chapter 6, part 9A, see section 306A.

"training program" , for chapter 6, part 9A, see section 306A.

(3) Schedule 4 , definition community corrective services , paragraph (b) , ‘probation and parole office’—
omit, insert—
community corrections office

(4) Schedule 4 , definition corrective services facility —
insert—

(d) a temporary corrective services facility declared under section 268(2).

(5) Schedule 4 , definition general search , paragraph (a) —
omit, insert—

(a) to reveal the contents of the person’s outer garments or general clothes, or of a thing in the person’s possession, including touching or moving the thing without touching the person; or

(6) Schedule 4 , definition law enforcement agency , paragraphs (d) and (e) —
omit, insert—

(d) a police service of another State or of a foreign country; or

(e) an entity established under the law of the Commonwealth or a State to investigate corruption or crime; or

(f) the Australian Security Intelligence Organisation under the Australian Security Intelligence Organisation Act 1979 (Cwlth) ; or

(g) a Commonwealth department in which any of the following laws is administered—

(i) the Australian Border Force Act 2015 (Cwlth) ;

(ii) the Customs Act 1901 (Cwlth) , other than parts XVB and XVC;

(iii) the Migration Act 1958 (Cwlth) ; or

(h) another entity declared by regulation to be a law enforcement agency.

(7) Schedule 4 , definition offender , paragraph (b) —
omit, insert—

(b) a person who is subject to a community based order.

(8) Schedule 4 , definition prescribed provision , paragraph (c) , ‘ section 234 (7) ’—
omit, insert—
section 234(3)

(9) Schedule 4 , definition unlawfully at large , paragraph (b) —
omit, insert—

(b) the prisoner’s parole order has been suspended or cancelled; or

(10) Schedule 4 , definition unlawfully at large , paragraph (c) , ‘probation and parole office’—
omit, insert—
community corrections office