Crime and Corruption Amendment Bill 2020 (Qld)

An Act to amend the Crime and Corruption Act 2001 for particular purposes The Parliament of Queensland enacts—

1 Short title This Act may be cited as the Crime and Corruption Amendment Act 2020.

2 Act amended This Act amends the Crime and Corruption Act 2001.

3 Insertion of new s 216B After section 216A— insert—

216B Unlawfully publishing corrupt conduct allegations during election periods (1) A person must not publish a corrupt conduct allegation about a candidate for a State election during the election period for the election. Maximum penalty—50 penalty units or 6 months imprisonment. (2) A person must not publish a corrupt conduct allegation about a candidate for a local government election during the election period for the election. Maximum penalty—50 penalty units or 6 months imprisonment. (3) Subsections (1) and (2) do not apply if the person publishes the corrupt conduct allegation at least 3 months after— (a) if the allegation identifies a relevant complaint—the day the complaint was made or notified to the commission; or (b) otherwise—the day the person notified the commission of the person's intention to publish the allegation. (4) For subsection (3)(a) and (b), it does not matter whether the day mentioned in the subsection was before or after the commencement. (5) This section does not limit another provision of this Act or another law that restricts the publication of a corrupt conduct allegation about a person. (6) In this section— candidate, for a State election or local government election, means— (a) a person who holds an office to be contested in the election; or (b) a person who has publicly indicated the person's intention to be a candidate for the election; or (c) a person who has nominated to be a candidate for the election under an Act applying to the election. corrupt conduct allegation, about a person, means a statement that— (a) indicates a relevant complaint about the person has been made or notified to the commission; or (b) identifies the subject matter of a relevant complaint that has been made or notified to the commission; or (c) indicates a relevant complaint about the person is proposed to be made or notified to the commission; or (d) alleges the person has been involved, is involved, or may be involved, in corrupt conduct. election period— (a) for a State election, means the period, under the Electoral Act 1992— (i) starting when the writ for the election is issued; and (ii) ending at the close of the poll for the election; or (b) for a local government election, means the period, under the Local Government Electoral Act 2011— (i) starting on the nomination day for the election; and (ii) ending at the close of the poll for the election. local government election see the Local Government Electoral Act 2011, schedule 2. publish, a corrupt conduct allegation, means publicly disclose the allegation, or cause the allegation to be publicly disclosed, by— (a) newspaper, radio or television; or (b) other electronic or printed media for communicating to the public or participating in social networking with the public. relevant complaint, about a person, means a complaint that involves, or may involve, corrupt conduct of the person. State election means an election of a member or members of the Legislative Assembly.