Queensland Numbered Acts

CORRECTIVE SERVICES (PROMOTING SAFETY) AND OTHER LEGISLATION AMENDMENT ACT 2024 - SECT 7

7 Insertion of new ch 3, pt 2B

Chapter 3 —
insert—

Part 2B - Offence to possess restricted item on corrective services land

124B Offence to possess restricted item on corrective services land

(1) A person must not possess a restricted item while on corrective services land if the person knows, or ought reasonably to know, that the person is on corrective services land.

Penalty—

Maximum penalty—2 years imprisonment.

(2) Subsection (1) does not apply if—

(a) the possession is approved by the chief executive; or

(b) the person is an officer of a law enforcement agency, protective service or emergency service acting in that capacity; or

(c) the person is assisting an officer acting under paragraph (b).

(3) If it is established in a prosecution for an offence against subsection (1) that there was, at the time of the alleged offence, appropriate signage at the corrective services land, the defendant bears the evidential burden of proving the defendant did not know, and could not by the exercise of reasonable diligence have known, that the land was corrective services land.

(4) In this section—

"appropriate signage" , for corrective services land, means signage—

(a) identifying the land as corrective services land; or

(b) warning a person entering the land that there is an increased penalty for possessing a restricted item on the land and that prior approval of the chief executive is required for possessing a restricted item on the land.

"corrective services land" means—

(a) land on which a corrective services facility is located; or

(b) land owned or leased by the State adjacent to a corrective services facility and used for a purpose associated with the corrective services facility; or

(c) land owned or leased by the State and used for a purpose related to the supervision or accommodation of supervised dangerous prisoners (sexual offenders); or

(d) land comprising the premises and curtilage of a community corrections office or other place at which community corrective services are provided; or

(e) land owned or leased by the State and used as an educational or training facility for corrective services officers.

"restricted item" means an item prescribed by regulation to be a restricted item.