Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020 (Qld)

An Act to amend the Co-operatives National Law Act 2020, the Criminal Code, the Gaming Machine Act 1991, the Interactive Gambling (Player Protection) Act 1998, the Legal Profession Act 2007, the Liquor Act 1992, the Police Powers and Responsibilities Act 2000, the Racing Integrity Act 2016, the Wagering Act 1998 and the legislation mentioned in schedule 1 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021.

2 Commencement (1) Part 6, other than sections 24A and 24B, commences on 1 May 2021. (2) Sections 24A and 24B commence on 1 July 2021. (3) The following provisions commence on a day to be fixed by proclamation— (a) part 4, division 3; (b) part 7, division 3; (c) part 8; (d) part 10, division 3.

Part 2 Amendment of Co-operatives National Law Act 2020

3 Act amended This part amends the Co-operatives National Law Act 2020.

4 Amendment of s 9 (Designated authority) (1) Section 9(1), before paragraph (a)— insert— (aa) section 15; (2) Section 9(1)(aa) to (d)— renumber as section 9(1)(a) to (e).

Part 3 Amendment of Criminal Code

5 Code amended This part amends the Criminal Code.

6 Amendment of s 1 (Definitions) Section 1— insert— assault— (a) generally—see section 245; or (b) for chapter 32—see section 347.

7 Amendment of s 347 (Definitions for ch 32) Section 347— insert— assault has the meaning given by section 245 as if a reference in section 245 to consent were a reference to consent within the meaning given by section 348.

8 Amendment of s 348 (Meaning of consent ) Section 348— insert— (3) A person is not to be taken to give consent to an act only because the person does not, before or at the time the act is done, say or do anything to communicate that the person does not consent to the act. (4) If an act is done or continues after consent to the act is withdrawn by words or conduct, then the act is done or continues without consent.