Strengthening Community Safety Bill 2023 (Qld)

An Act to amend the Bail Act 1980, the Criminal Code, the Police Powers and Responsibilities Act 2000 and the Youth Justice Act 1992 for particular purposes The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Strengthening Community Safety Act 2023.

Part 2 Amendment of Bail Act 1980

2 Act amended This part amends the Bail Act 1980.

3 Amendment of s 11 (Conditions of release on bail) Section 11(9), first note, 'section 29(2)(c)'— omit, insert— section 29(2)(b)

4 Amendment of s 11AB (Condition requiring completion of DAAR course) Section 11AB(2), first note, 'section 29(2)(c)'— omit, insert— section 29(2)(b)

5 Amendment of s 29 (Offence to breach conditions of bail) (1) Section 29(2)(a)— omit. (2) Section 29(2)(b) and (c)— renumber as section 29(2)(a) and (b). (3) Section 29— insert— (3) For the purposes of the Human Rights Act 2019, section 43(1), it is declared that this section has effect in relation to a defendant who is a child— (a) despite being incompatible with human rights; and (b) despite anything else in the Human Rights Act 2019. Note— Under the Human Rights Act 2019, section 45(2), this subsection expires 5 years after the commencement.

6 Insertion of new s 50 After section 49— insert—

50 Transitional provision for Strengthening Community Safety Act 2023 Section 29 applies to a break by a defendant who is a child of a condition of an undertaking if the undertaking was entered into after the commencement.

Part 3 Amendment of Criminal Code

7 Code amended This part amends the Criminal Code.

8 Amendment of s 408A (Unlawful use or possession of motor vehicles, aircraft or vessels) (1) Section 408A(1), '7 years'— omit, insert— 10 years (2) Section 408A(1A), '10 years'— omit, insert— 12 years (3) Section 408A(1B) and (1C)— omit, insert— (1B) If the offender publishes material on a social media platform or an online social network to— (a) advertise the offender's involvement in the offence; or (b) advertise the act or omission constituting the offence; the offender is liable to imprisonment for 12 years. (1C) If— (a) the offence is committed in the night; or (b) the offender— (i) uses or threatens to use actual violence; or (ii) is or pretends to be armed with a dangerous or offensive weapon, instrument or noxious substance; or (iii) is in company with 1 or more persons; or (iv) damages, or threatens or attempts to damage, any property; the offender is liable to imprisonment for 14 years. (1D) Subsections (1) to (1C) do not apply if the accused person had the lawful consent of the owner of the motor vehicle, aircraft or vessel to its use or possession by the accused person. (1E) The accused person bears the evidential burden in relation to the matters stated in subsection (1D). (4) Section 408A(3)— insert— advertise means attract the notice and attention of the public or a limited section of the public. material includes anything that contains data from which text, images or sound can be generated.