Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023 (Qld)

An Act to amend the Bail Act 1980, the Criminal Code, the Domestic and Family Violence Protection Act 2012, the Domestic and Family Violence Protection Regulation 2023, the Evidence Act 1977, the Evidence Regulation 2017, the Justices Act 1886, the Penalties and Sentences Act 1992, the Recording of Evidence Regulation 2018, the Security Providers Act 1993, the Youth Justice Act 1992 and the legislation mentioned in schedule 1 for particular purposes, and to repeal the Criminal Law (Sexual Offences) Act 1978 The Parliament of Queensland enacts—

Part 1 Preliminary

1 Short title This Act may be cited as the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2023.

2 Commencement (1) The following provisions commence on a day to be fixed by proclamation— (a) part 3; (b) part 4, divisions 3 to 7; (c) parts 5 to 8; (d) part 9, divisions 3 and 4; (e) parts 10, 11, 13 and 14; (f) schedule 1. (2) The Acts Interpretation Act 1954, section 15DA does not apply to this Act.

Part 2 Amendment of Bail Act 1980

3 Act amended This part amends the Bail Act 1980.

4 Amendment of s 6 (Definitions) Section 6— insert— family relationship has the meaning given by the Domestic and Family Violence Protection Act 2012, section 19. informal care relationship has the meaning given by the Domestic and Family Violence Protection Act 2012, section 20.

5 Amendment of s 11 (Conditions of release on bail) Section 11— insert— (3A) In considering the imposition of special conditions under subsection (2), the court or police officer must consider the likely effect a condition would have on the defendant's ability to carry out the defendant's responsibilities for— (a) a person with whom the defendant is in a family relationship and for whom the defendant is the primary caregiver; or (b) a person with whom the defendant is in an informal care relationship; or (c) if the defendant is pregnant—the child of the pregnancy. Examples of responsibilities— • transporting a child to an appointment, childcare or school • attending a medical appointment in relation to a pregnancy • cultural obligations to a family member