Queensland Numbered Acts

HEALTH AND OTHER LEGISLATION AMENDMENT ACT 2016 - SCHEDULE 1

SCHEDULE 1 – Legislation amended

Child Protection (Offender Reporting) Act 2004

1 Part 7—

insert—

Division 4 - Transitional provision for Health and Other Legislation Amendment Act 2016

88 Sch 1 references to the Criminal Code, s 215

Schedule 1 applies as if the reference to the Criminal Code , section 215 included a reference to—

(a) the Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 ; and

(b) the Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .

2 Schedule 1, item 9(a), entry for section 208—

omit.

Corrective Services Act 2006

1 Schedule 1, entry for the Criminal Code, section 208—

omit.

2 Schedule 1—

insert—

Criminal Code provision repealed by Health and Other Legislation Amendment Act 2016

section 208 (Unlawful sodomy)

Criminal Organisation Act 2009

1 Section 7(2), from ‘would be’—

omit, insert—
would have been an offence against section 208 as in force immediately before its repeal by the Health and Other Legislation Amendment Act 2016 .

Criminal Practice Rules 1999

1 Schedule 3, form 113—

omit.

Disability Services Act 2006

1 Schedule 2, item 4, entry for the Criminal Code, section 208—

omit.

2 Schedule 3, item 1, entry for the Criminal Code—

insert—

3 Schedule 4, item 4, entry for the Criminal Code, section 208—

omit.

4 Schedule 5, item 1, entry for the Criminal Code—

insert—

5 Schedule 6, item 4, entry for the Criminal Code, section 208—

omit.

6 Schedule 7—

insert—

District Court of Queensland Act 1967

1 Section 61(2)(b), ‘208,’—

omit.

2 Insertion of new s 151

After section 150—
insert—

151 Transitional provision for Health and Other Legislation Amendment Act 2016

Section 61 applies as if the reference in section 61(2)(b) to the Criminal Code , section 215 included a reference to the Criminal Code , section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 .

Evidence Act 1977

1 Section 21M(3), definition prescribed special offence, ‘208,’—

omit.

2 Part 9—

insert—

Division 6 - Health and Other Legislation Amendment Act 2016

147 Prescribed special offence taken to include references to Criminal Code, ss 208 and 209

The definition
"prescribed special offence" in section 21M(3) applies as if it included a reference to—

(a) the Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 ; and

(b) the Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .

Penalties and Sentences Act 1992

1 Section 15E(4), definition offence of a sexual nature, ‘208,’—

omit.

2 Part 14—

insert—

Division 13 - Transitional provision for Health and Other Legislation Amendment Act 2016

240 Offence of a sexual nature taken to include references to Criminal Code, ss 208 and 209

The definition
"offence of a sexual nature" in section 15E(4) applies as if the reference to the Criminal Code, section 215 included a reference to—

(a) the Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 ; and

(b) the Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .

3 Schedule 1, entry for the Criminal Code, item 5—

omit.

4 Schedule 1—

insert—

Criminal Code (Provision repealed by Health and Other Legislation Amendment Act 2016)

1 section 208 (Unlawful sodomy)

5 Schedule 1A, entry for the Criminal Code, section 208—

omit.

6 Schedule 1A—

insert—

Criminal Code (Provision repealed by Health and Other Legislation Amendment Act 2016)

7 Schedule 2, entry for the Criminal Code, section 208—

omit.

8 Schedule 2—

insert—

Criminal Code (Provision repealed by Health and Other Legislation Amendment Act 2016)

	Section	Section heading
	208	Unlawful sodomy

Police Powers and Responsibilities Act 2000

1 Section 538(1)(d)—

omit.

2 Section 538(1)(e), ‘girl’—

omit, insert—
child

3 Section 538(1), note, ‘208 (Unlawful sodomy),’—

omit.

Private Employment Agents Act 2005

1 Section 39(3), definition offence of a sexual nature, ‘208,’—

omit.

2 Part 8—

insert—

53 Transitional provision for Health and Other Legislation Amendment Act 2016

The definition
"offence of a sexual nature" in section 39(3) applies as if it included a reference to—

(a) the Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 ; and

(b) the Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008 .

Transport Operations (Passenger Transport) Act 1994

1 Schedule 1A, part 1, division 1, item 1—

omit.

2 Schedule 1A, part 1—

insert—

Division 3A - Provision of the Criminal Code repealed by the Health and Other Legislation Amendment Act 2016

1 section 208 (Unlawful sodomy) unless, when the offence was committed, the offender was aged between 17 and 20 (both inclusive) and the person in relation to whom the offence was committed was not a person with an impairment of the mind and was aged between 14 and 17 (both inclusive)

Vicious Lawless Association Disestablishment Act 2013

1 After section 11—

insert—

12 Transitional provision for Health and Other Legislation Amendment Act 2016

The definition
"declared offence" in section 3 applies as if it included a reference to the Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 .

2 Schedule 1, entry for the Criminal Code, section 208—

omit.

Working with Children (Risk Management and Screening) Act 2000

1 Schedule 2, item 4, entry for the Criminal Code, section 208—

omit.

2 Schedule 3, item 1, entry for the Criminal Code—

insert—

3 Schedule 4, item 4, entry for the Criminal Code, section 208—

omit.

4 Schedule 5, item 1, entry for the Criminal Code—

insert—

5 Schedule 6, item 4, entry for the Criminal Code, section 208—

omit.

6 Schedule 6A—

insert—

Youth Justice Act 1992

1 Section 170(4), definition offence of a sexual nature, ‘208,’—

omit.

2 Part 11—

insert—

Division 13 - Transitional provision for Health and Other Legislation Amendment Act 2016

369 Particular definitions are taken to include reference to Criminal Code, s 208

The following apply as if each provision included a reference to the Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016 —

(a) definition
"offence of a sexual nature" in section 170(4);

(b) definition
"disqualifying offence" in section 226C(4).

3 Schedule 5, entry for the Criminal Code, section 208(2)—

omit.