Police Powers and Responsibilities and Other Legislation Amendment Bill 2023 (Qld)

An Act to amend the Drugs Misuse Act 1986, the Fire and Emergency Services Act 1990, the Penalties and Sentences Act 1992, the Police Powers and Responsibilities Act 2000, the Police Service Administration Act 1990, the Youth Justice Act 1992 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 Police Powers and Responsibilities and Other Legislation Amendment Act 2023.

2 Commencement The following provisions commence on a day to be fixed by proclamation— (a) sections 5 and 6; (b) part 4; (c) part 5, division 3; (d) part 7; (e) schedule 1, part 2.

Part 2 Amendment of Drugs Misuse Act 1986

3 Act amended This part amends the Drugs Misuse Act 1986. Note— See also the amendments in schedule 1.

4 Amendment of s 5 (Trafficking in dangerous drugs) Section 5(1), penalty, '25 years'— omit, insert— life

5 Amendment of s 122A (Particular proceedings for minor drugs offences) (1) Section 122A(1), 'schedule 6'— omit, insert— section 378B (2) Section 122A(3)— omit, insert— (3) The court may, if the person is eligible under the Police Powers and Responsibilities Act 2000, chapter 14, part 4, division 5 to be offered an opportunity to participate in a drug diversion assessment program within the meaning of that Act, order the person to participate in, and complete, a drug diversion assessment program as directed by a police officer. (3A) For working out whether the person is eligible under the Police Powers and Responsibilities Act 2000, chapter 14, part 4, division 5— (a) section 378A(1)(d) of that Act applies as if a reference to a police officer were a reference to the court; and (b) sections 379(1)(a) and (4) and 379AA(4) of that Act do not apply. (3) Section 122A(4), 'attend'— omit, insert— participate in (4) Section 122A(5), 'attendance at'— omit, insert— participation in (5) Section 122A(3A) to (6)— renumber as section 122A(4) to (7).