Evidence and Other Legislation Amendment Bill 2021 (Qld)

An Act to amend the Bail Act 1980, the Criminal Code, the Disability Services Act 2006, the Domestic and Family Violence Protection Act 2012, the Evidence Act 1977, the Justices Act 1886, the Magistrates Act 1991, the Working with Children (Risk Management and Screening) Act 2000 and the Acts 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 Evidence and Other Legislation Amendment Act 2021.

2 Commencement The following provisions commence on a day to be fixed by proclamation— (a) part 3, division 3; (b) parts 4 to 7 and 9; (c) schedule 1, part 2.

Part 2 Amendment of Bail Act 1980

3 Act amended This part amends the Bail Act 1980.

4 Amendment of s 16 (Refusal of bail generally) Section 16(3)(d), note, 'section 33(6)'— omit, insert— section 33(7)

5 Amendment of s 33 (Failure to appear in accordance with undertaking) (1) Section 33(3)(b)(ii), from 'the signature'— omit, insert— the following— (A) for a warrant other than a computer warrant—the signature of the person who issued the warrant; (B) that the person who issued the warrant was duly authorised to do so. (2) Section 33(5), 'Subsection (4)'— omit, insert— Subsection (5) (3) Section 33— insert— (7) In this section— computer warrant see the Justices Act 1886, section 67(1). (4) Section 33(3A) to (7)— renumber as section 33(4) to (8).

6 Amendment of pt 5 , hdg (Transitional provisions) Part 5, heading, after 'Transitional'— insert— and validation

7 Insertion of new s 49 After section 48— insert—

49 Transitional and validation provision for Evidence and Other Legislation Amendment Act 2021 (1) Section 33, as in force from the commencement, applies in relation to a proceeding for an offence against section 33(1) started, but not decided, before the commencement. (2) Subsection (3) applies in relation to a proceeding for an offence against section 33(1) if— (a) the proceeding was decided before the commencement; and (b) the defendant was apprehended under a warrant mentioned in section 33(1)(b) that is a computer warrant. (3) The proceeding, and any order made in the proceeding, is not invalid merely because the court hearing the proceeding did not take judicial notice of the signature of the person who issued the warrant in accordance with former section 33(3)(b)(ii). (4) In this section— computer warrant see the Justices Act 1886, section 67(1). former section 33(3)(b)(ii) means section 33(3)(b)(ii) as in force from time to time before the commencement.