Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Bill 2017 (Qld)

An Act to amend the Criminal Code, the Criminal Law (Rehabilitation of Offenders) Act 1986, the Drugs Misuse Act 1986, the Evidence Act 1977, the Justice and Other Information Disclosure Act 2008, the Penalties and Sentences Act 1992, and the Police Powers and Responsibilities Act 2000 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Act 2017.

2 Commencement The following provisions commence on a day to be fixed by proclamation— (a) part 2; (b) sections 14 to 16; (c) part 6; (d) sections 32 and 35.

Part 2 Amendment of Criminal Code

3 Code amended This part amends the Criminal Code.

4 Amendment of s 227C (Persons who are not criminally responsible for offences against ss 227A and 227B) Section 227C(3), definition supervision order, paragraph (a), after 'order'— insert— , or drug and alcohol treatment order,

5 Amendment of s 552H (Maximum penalty for indictable offences dealt with summarily) Section 552H(1)(a) and (b)— omit, insert— (a) if the Magistrates Court is a court constituted by a magistrate imposing a drug and alcohol treatment order under the Penalties and Sentences Act 1992, part 8A—100 penalty units or 4 years imprisonment; or (b) if the Magistrates Court is constituted by a magistrate other than a magistrate mentioned in paragraph (a)—100 penalty units or 3 years imprisonment; or (c) if the Magistrates Court is constituted by justices under section 552C(1)(b)—100 penalty units or 6 months imprisonment.

6 Insertion of new pt 9, ch 99 Part 9— insert—

Chapter 99 Transitional provision for Penalties and Sentences (Drug and Alcohol Treatment Orders) and Other Legislation Amendment Act 2017