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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Safe Night Out Legislation
Amendment Bill 2014
Queensland
Safe Night Out Legislation Amendment
Bill 2014
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 2 Amendment of Bail Act 1980
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Amendment of s 11 (Conditions of release on bail) . . . . . . . . . . . 14
5 Insertion of new s 11AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
11AB Condition requiring completion of DAAR course . . . . 15
6 Amendment of s 34F (Commissioner may give information about
special condition of bail to licensee under Liquor Act 1992) . . . . 17
7 Insertion of new s 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
44 Transitional provision for Safe Night Out Legislation
Amendment Act 2014. . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 3 Amendment of Corrective Services Act 2006
8 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9 Replacement of s 182A (Parole eligibility date for prisoner serving
term of imprisonment for drug trafficking offence) . . . . . . . . . . . . 18
182A Parole eligibility date for prisoner serving term of
imprisonment for other particular serious offences . . 18
10 Amendment of s 184 (Parole eligibility date for other prisoners) . 19
11 Insertion of new ch 7A, pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Part 8 Transitional provision for Safe Night Out
Legislation Amendment Act 2014
490D Application of s 182A . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 4 Amendment of Criminal Code
12 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
13 Amendment of s 300 (Unlawful homicide) . . . . . . . . . . . . . . . . . . 20
Safe Night Out Legislation Amendment Bill 2014
Contents
14 Insertion of new s 302A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
302A Unlawful striking causing death . . . . . . . . . . . . . . . . . 20
15 Amendment of s 303 (Definition of manslaughter) . . . . . . . . . . . . 22
16 Amendment of s 340 (Serious assaults) . . . . . . . . . . . . . . . . . . . 22
17 Insertion of new ch 35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Chapter 35A Circumstance of aggravation for particular
offences
365A Application of ch 35A . . . . . . . . . . . . . . . . . . . . . . . . . 23
365B Application of defences . . . . . . . . . . . . . . . . . . . . . . . 24
365C Proof of being adversely affected by an intoxicating
substance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Part 5 Amendment of Drugs Misuse Act 1986
18 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
19 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 25
20 Amendment of s 8 (Producing dangerous drugs). . . . . . . . . . . . . 26
21 Amendment of s 9 (Possessing dangerous drugs). . . . . . . . . . . . 26
Part 6 Amendment of Drugs Misuse Regulation 1987
22 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
23 Amendment of sch 1 (Dangerous drugs) . . . . . . . . . . . . . . . . . . . 27
24 Amendment of schs 1 and 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
25 Amendment of sch 3 (Specified quantities for particular dangerous
drugs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
26 Amendment of sch 4 (Specified quantities for particular dangerous
drugs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Part 7 Amendment of Liquor Act 1992
27 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
28 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 31
29 Omission of s 4AA (Meaning of entertainment) . . . . . . . . . . . . . . 33
30 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
9A When a person may be taken to be unduly intoxicated 33
31 Amendment of s 13 (Exemption for the sale of liquor at fundraising
event) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
32 Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . 34
33 Amendment of s 42A (Commissioner may make guidelines) . . . . 35
34 Amendment of s 50 (Application of pt 3A) . . . . . . . . . . . . . . . . . . 35
35 Amendment of s 51 (Approval of plan or revised plan) . . . . . . . . 35
36 Amendment of s 52 (Changing plan) . . . . . . . . . . . . . . . . . . . . . . 36
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Safe Night Out Legislation Amendment Bill 2014
Contents
37 Insertion of new s 52A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
52A Commissioner may direct licensee to change plan . . 36
38 Amendment of s 53 (Recording change of plan) . . . . . . . . . . . . . 37
39 Replacement of s 54 (Conditions about approved plan) . . . . . . . 38
54 Conditions about approved plan. . . . . . . . . . . . . . . . . 38
40 Amendment of s 58 (Available licences). . . . . . . . . . . . . . . . . . . . 38
41 Omission of s 67AA (Principal activity is the provision of
entertainment) .................................. 39
42 Amendment of s 67A (Principal activity is the provision of meals) 39
43 Insertion of new pt 4, div 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 6A Nightclub licence
83A Principal activity of a business under a nightclub licence 40
83B Authority of nightclub licence . . . . . . . . . . . . . . . . . . . 41
83C Restrictions on grant of nightclub licence. . . . . . . . . . 42
83D Restriction on sale of liquor for consumption off premises 42
44 Amendment of s 85 (Application for approval) . . . . . . . . . . . . . . . 43
45 Amendment of s 86 (Hours to which application may relate etc.) 43
46 Omission of pt 4, div 8 (Moratorium on extended trading hours
approvals). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
47 Amendment of s 101 (Definitions for div 2) . . . . . . . . . . . . . . . . . 44
48 Amendment of s 105A (Additional requirement for particular
applications--risk-assessed management plan) . . . . . . . . . . . . . 44
49 Insertion of new s 105B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
105B Application for adult entertainment permit requires local
government consent . . . . . . . . . . . . . . . . . . . . . . . . . . 44
50 Amendment of s 107C (Commissioner may impose conditions on
licences and permits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
51 Amendment of s 111 (Variation of licence). . . . . . . . . . . . . . . . . . 45
52 Amendment of s 112 (Procedure for variation by commissioner). 46
53 Amendment of s 116 (When community impact statement to be given to
commissioner) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
54 Amendment of s 117A (Comments about particular applications) 47
55 Amendment of s 118 (Advertisement of applications) . . . . . . . . . 47
56 Amendment of s 121 (Matters the commissioner must have regard
to) ........................................... 47
57 Insertion of new s 121A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
121A Commissioner must publish information after granting
particular applications . . . . . . . . . . . . . . . . . . . . . . . . 47
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Safe Night Out Legislation Amendment Bill 2014
Contents
58 Insertion of new pt 5, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 1A Public safety and amenity
128A Application of div 1A. . . . . . . . . . . . . . . . . . . . . . . . . . 48
128B Particular matters the commissioner may consider . . 49
128C Conditions relating to public safety or amenity . . . . . . 50
59 Amendment of s 134 (Cancellation, suspension or variation of
permits) ...................................... 51
60 Amendment of s 136 (Grounds for disciplinary action) . . . . . . . . 51
61 Amendment of s 142AA (Application of div 5) . . . . . . . . . . . . . . . 51
62 Amendment of s 142AF (Purpose of div 6) . . . . . . . . . . . . . . . . . 52
63 Amendment of s 142AG (Conditions about crowd controllers). . . 52
64 Amendment of s 142AH (Conditions about closed-circuit television
equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
65 Amendment of s 142AJ (Conditions about drinking practices). . . 53
66 Insertion of new pt 6, div 1AA. . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 1AA Responsible service, supply and promotion of
liquor and preservation of amenity
142ZX Purposes of div 1AA. . . . . . . . . . . . . . . . . . . . . . . . . . 54
142ZY Meaning of relevant premises . . . . . . . . . . . . . . . . . . 54
142ZZ Unacceptable practices and promotions . . . . . . . . . . 54
142ZZA Responsible practices and promotions. . . . . . . . . . . . 56
142ZZB Providing a safe environment and preserving amenity 56
142ZZC Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
142ZZD Compliance notices . . . . . . . . . . . . . . . . . . . . . . . . . . 60
67 Omission of ss 148A and 148B . . . . . . . . . . . . . . . . . . . . . . . . . . 63
68 Insertion of new s 148AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
148AA Licences subject to conditions about closed-circuit
television equipment. . . . . . . . . . . . . . . . . . . . . . . . . . 63
69 Amendment of s 153 (Letting or subletting of licensed premises) 63
70 Amendment of s 155 (Minors on premises) . . . . . . . . . . . . . . . . . 64
71 Insertion of new s 162A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
162A Taking liquor onto or away from premises subject to
nightclub licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
72 Amendment of s 165 (Removal of persons from premises) . . . . . 64
73 Amendment of s 165A (Refusing entry to premises) . . . . . . . . . . 64
74 Insertion of new pt 6AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
Part 6AA ID scanning
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Safe Night Out Legislation Amendment Bill 2014
Contents
Division 1 Preliminary
173EE Definitions for pt 6AA . . . . . . . . . . . . . . . . . . . . . . . . . 65
Division 2 Use of ID scanners in particular licensed
premises
173EF Licensed premises to which this division applies . . . . 67
173EG Licence conditions about regulated premises . . . . . . 67
173EH Scanning obligations of licensees for regulated premises 68
173EI Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 3 Operation of approved ID scanning systems
173EJ Obligations about operation . . . . . . . . . . . . . . . . . . . . 71
173EK Change of executive officers . . . . . . . . . . . . . . . . . . . 72
173EL Operation of scanning system without approval. . . . . 73
173EM Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 4 Approvals
173EN Approval of ID scanners and modifications . . . . . . . . 74
173EO Approval of ID scanning systems and modifications . 75
173EP Suspension or revocation of approvals relating to ID
scanners or ID scanning systems . . . . . . . . . . . . . . . 76
173EQ Approval of persons to operate ID scanning systems 77
173ER Revocation of approval to operate an ID scanning system 79
75 Insertion of new pt 6AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Part 6AB Safe night precincts
Division 1 Preliminary
173NA Purposes of pt 6AB . . . . . . . . . . . . . . . . . . . . . . . . . . 81
173NB Meaning of relevant licensee . . . . . . . . . . . . . . . . . . . 81
Division 2 Safe night precincts and local boards
173NC Safe night precincts and local boards. . . . . . . . . . . . . 82
173ND Commissioner must give notice of local board . . . . . . 82
Division 3 Provisions that apply when a safe night
precinct has a local board
173NE Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
173NF Relevant licensee must be member of local board. . . 83
173NG Commissioner may require exempt licensee to become
member of local board . . . . . . . . . . . . . . . . . . . . . . . . 84
173NH Public safety consultative committees . . . . . . . . . . . . 85
Division 4 Rules of local boards
173NI Inconsistent rules of local boards of no effect . . . . . . 86
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Safe Night Out Legislation Amendment Bill 2014
Contents
173NJ Objectives of local boards . . . . . . . . . . . . . . . . . . . . . 86
173NK Rules must limit membership of local board. . . . . . . . 87
173NL Relevant licensee must be admitted as member of local
board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
173NM No limit to other rules about membership. . . . . . . . . . 89
173NN Local board must advise commissioner about licensee
members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
173NO Termination of licensee member's membership . . . . . 89
173NP Local board must invite consultative committee to
meetings ............................. 90
173NQ Prescribed rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
76 Omission of pts 6B and 6C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
77 Amendment of s 174 (Investigators). . . . . . . . . . . . . . . . . . . . . . . 92
78 Insertion of new s 174AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
174AA Production or display of identity card . . . . . . . . . . . . . 92
79 Amendment of s 178 (General powers of investigator in relation to
places) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
80 Amendment of s 235 (Regulation-making power) . . . . . . . . . . . . 93
81 Insertion of new pt 12, div 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
Division 16 Transitional provisions for Safe Night Out
Legislation Amendment Act 2014
319 Definitions for div 16 . . . . . . . . . . . . . . . . . . . . . . . . . . 94
320 Lapse of particular applications for extended trading hours
approvals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
321 Continuing application of repealed s 94 . . . . . . . . . . . 94
322 Transitional provision for subsidiary on-premises licence
(entertainment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
323 Transitional provision for subsidiary on-premises licence
(meals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
324 Civil banning orders . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Part 8 Amendment of Penalties and Sentences Act 1992
82 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
83 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 96
84 Amendment of s 9 (Sentencing guidelines) . . . . . . . . . . . . . . . . . 96
85 Amendment of s 43G (Definitions for pt 3B). . . . . . . . . . . . . . . . . 97
86 Amendment of s 43I (What is a banning order) . . . . . . . . . . . . . . 97
87 Amendment of s 43J (Making a banning order) . . . . . . . . . . . . . . 97
88 Amendment of s 43N (Commissioner may give copy of banning order to
licensee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
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Safe Night Out Legislation Amendment Bill 2014
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89 Insertion of new pt 5, div 2, sdiv 1, hdg . . . . . . . . . . . . . . . . . . . . 99
90 Amendment of s 106 (Offender to agree to making or amending of
order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
91 Amendment of s 107 (Multiple offences) . . . . . . . . . . . . . . . . . . . 99
92 Insertion of new pt 5, div 2, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . 99
Subdivision 2 Community service orders mandatory for
particular offences
108A Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . 100
108B When community service order must be made . . . . . 100
108C Effect if offender is also subject to other orders . . . . . 101
108D Effect if offender is detained on remand or imprisoned 102
93 Amendment of s 120 (Amendment and revocation of community based
order other than graffiti removal order) . . . . . . . . . . . . . . . . . . . . . 102
94 Replacement of s 120A (Amendment and revocation of graffiti removal
order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
120A Amendment and revocation of s 108B community service
order or graffiti removal order . . . . . . . . . . . . . . . . . . . 103
95 Amendment of s 121 (Offender may be re-sentenced on revocation of
order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
96 Amendment of s 125 (Powers of Magistrates Court that convicts
offender of offence against s 123(1)) . . . . . . . . . . . . . . . . . . . . . . 103
97 Amendment of s 126 (Powers of Supreme Court or District Court to deal
with offender) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
98 Amendment of s 160A (Application of ss 160B-160D) . . . . . . . . 104
99 Amendment of s 171 (Review--periodic) . . . . . . . . . . . . . . . . . . . 104
100 Insertion of new pt 14, div 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Division 11 Transitional provisions for Safe Night Out
Legislation Amendment Act 2014
236 Sentencing guidelines . . . . . . . . . . . . . . . . . . . . . . . . 105
237 Banning orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
238 Community service orders required under s 108B . . . 105
101 Amendment of sch 2 (Qualifying offences). . . . . . . . . . . . . . . . . . 105
Part 9 Amendment of Police Powers and Responsibilities Act 2000
102 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
103 Amendment of s 34 (Definitions for pt 3) . . . . . . . . . . . . . . . . . . . 106
104 Amendment of s 41 (Prescribed circumstances for requiring name and
address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
105 Amendment of s 42 (Power for age-related offences and for particular
motor vehicle related purposes) . . . . . . . . . . . . . . . . . . . . . . . . . . 107
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106 Amendment of s 44 (Application of pt 5) . . . . . . . . . . . . . . . . . . . 107
107 Amendment of s 46 (When power applies to behaviour) . . . . . . . 107
108 Amendment of s 47 (When power applies to a person's presence) 108
109 Amendment of s 53BC (What is out-of-control conduct) . . . . . . . 108
110 Amendment of s 378 (Additional case when arrest for being drunk in a
public place may be discontinued) . . . . . . . . . . . . . . . . . . . . . . . . 108
111 Insertion of new s 378A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
378A Additional case when arrest may be discontinued to take
person to sober safe centre . . . . . . . . . . . . . . . . . . . . 109
112 Insertion of new ch 14, pt 5, div 1 hdg . . . . . . . . . . . . . . . . . . . . . 109
Division 1 General provisions
113 Insertion of new ch 14, pt 5, div 2. . . . . . . . . . . . . . . . . . . . . . . . . 109
Division 2 Sober Safe Centre Trial
Subdivision 1 Preliminary
390A Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
390B Additional powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
390C Application of particular watch-house provisions to sober
safe centres . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
390D Application of division. . . . . . . . . . . . . . . . . . . . . . . . . 111
Subdivision 2 Power to take intoxicated person to sober safe
centre
390E Power to detain and transport intoxicated person . . . 112
Subdivision 3 Procedures for transporting and admitting
person to sober safe centre
390F Information to be given to person . . . . . . . . . . . . . . . . 113
390G Assessment by health care professional before admission
114
Subdivision 4 Custody at a sober safe centre
390H Admission to, and custody at, sober safe centre . . . . 115
390I Assessment by health care professional after 4 hours 115
390J Maximum custody of 8 hours . . . . . . . . . . . . . . . . . . . 116
390K Monitoring while at sober safe centre. . . . . . . . . . . . . 116
390L Release from sober safe centre . . . . . . . . . . . . . . . . . 116
Subdivision 5 Cost recovery charge
390M Charge for custody at sober safe centre . . . . . . . . . . 117
390N Recovery of charge . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Subdivision 6 Miscellaneous
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390O Power for health care professional to use reasonable force
119
390P Protection from liability for acts or omissions of health care
professional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
114 Amendment of s 394 (Duty of police officer receiving custody of person
arrested for offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
115 Amendment of s 415 (When does this part apply to a person) . . 120
116 Amendment of s 442 (Application of ch 16) . . . . . . . . . . . . . . . . . 120
117 Insertion of new ch 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
Chapter 18A Breath, saliva, blood and urine testing of
persons suspected of committing particular
assault offences
Part 1 Preliminary
548A Purposes of ch 18A . . . . . . . . . . . . . . . . . . . . . . . . . . 121
548B Interpretation provision for ch 18A . . . . . . . . . . . . . . . 121
Part 2 Application of s 80
548C Person suspected of committing relevant assault offence 122
548D Person arrested for relevant assault offence . . . . . . . 123
548E Application of s 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Part 3 Miscellaneous
548F Relationship with other provisions and Acts . . . . . . . . 125
118 Insertion of new ch 19, pts 5A and 5B . . . . . . . . . . . . . . . . . . . . . 125
Part 5A Police banning notices
Division 1 Preliminary
602A Definitions for pt 5A . . . . . . . . . . . . . . . . . . . . . . . . . . 125
602B What is a police banning notice . . . . . . . . . . . . . . . . . 126
Division 2 Initial police banning notice
602C Police officer may give initial notice . . . . . . . . . . . . . . 127
602D Duration of initial notice . . . . . . . . . . . . . . . . . . . . . . . 128
602E Notice to be explained . . . . . . . . . . . . . . . . . . . . . . . . 128
Division 3 Extension or cancellation of initial police
banning notice by police officer
602F Extended police banning notice . . . . . . . . . . . . . . . . . 129
602G Cancellation of initial police banning notice . . . . . . . . 131
Division 4 General provisions about notices
602H Form of notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
602I Written record for notices . . . . . . . . . . . . . . . . . . . . . . 132
602J Actions not prohibited by notice . . . . . . . . . . . . . . . . . 133
Page 9
Safe Night Out Legislation Amendment Bill 2014
Contents
602K Amendment or cancellation if court banning order made 133
602L Procedure if police banning notice amended or cancelled
134
602M Effect of cancellation of notice . . . . . . . . . . . . . . . . . . 135
Division 5 Review of notices
602N Internal review for police banning notices . . . . . . . . . 135
602O Commissioner's decision about notices . . . . . . . . . . . 135
602P Review by QCAT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Division 6 Offence
602Q Offence to contravene notice . . . . . . . . . . . . . . . . . . . 136
Part 5B Photographing and distributing images for
banning purposes
Division 1 Preliminary
602R Definitions for pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Division 2 Power to photograph person and distribute
images
602S Power to detain and photograph. . . . . . . . . . . . . . . . . 138
602T Attaching image to a banning order . . . . . . . . . . . . . . 138
602U Distribution of imaged order . . . . . . . . . . . . . . . . . . . . 139
Division 3 Destruction of images
602V Commissioner to destroy image . . . . . . . . . . . . . . . . . 140
602W Other persons who must destroy imaged order . . . . . 141
119 Amendment of s 686 (Application of pt 3) . . . . . . . . . . . . . . . . . . 142
120 Amendment of s 790 (Offence to assault or obstruct police officer) 142
121 Amendment of s 791 (Offence to contravene direction or requirement of
police officer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
122 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 143
Part 10 Amendment of Summary Offences Act 2005
123 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
124 Amendment of s 6 (Public nuisance) . . . . . . . . . . . . . . . . . . . . . . 145
125 Amendment of s 7 (Urinating in a public place) . . . . . . . . . . . . . . 146
126 Replacement of s 10 (Being drunk in a public place) . . . . . . . . . . 146
Part 11 Amendment of Vicious Lawless Association
Disestablishment Act 2013
127 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
128 Amendment of sch 1 (Declared offences) . . . . . . . . . . . . . . . . . . 147
Page 10
Safe Night Out Legislation Amendment Bill 2014
Contents
Part 12 Amendment of Victim of Crime Assistance Act 2009
129 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
130 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 147
Part 13 Amendment of Wine Industry Act 1994
131 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
132 Amendment of s 36 (Wine prohibited to certain persons) . . . . . . 148
133 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 148
Page 11
2014
A Bill
for
An Act to amend the Bail Act 1980, the Corrective Services Act
2006, the Criminal Code, the Drugs Misuse Act 1986, the Drugs
Misuse Regulation 1987, the Liquor Act 1992, the Penalties and
Sentences Act 1992, the Police Powers and Responsibilities
Act 2000, the Summary Offences Act 2005, the Vicious Lawless
Association Disestablishment Act 2013, the Victims of Crime
Assistance Act 2009 and the Wine Industry Act 1994 for
particular purposes
Safe Night Out Legislation Amendment Bill 2014
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Safe Night Out Legislation 4
Amendment Act 2014. 5
Clause 2 Commencement 6
(1) Section 49 is taken to have commenced on 6 June 2014. 7
(2) The following provisions commence on 1 September 2014-- 8
(a) section 46; 9
(b) section 81, other than to the extent it inserts new 10
sections 322 to 324. 11
(3) The remaining provisions, other than section 75, commence 12
on a day to be fixed by proclamation. 13
Part 2 Amendment of Bail Act 1980 14
Clause 3 Act amended 15
This part amends the Bail Act 1980. 16
Clause 4 Amendment of s 11 (Conditions of release on bail) 17
(1) Section 11(3)(b), examples, third dot point, `drink safe 18
precinct'-- 19
omit, insert-- 20
safe night precinct 21
Page 14
Safe Night Out Legislation Amendment Bill 2014
Part 2 Amendment of Bail Act 1980
[s 5]
(2) Section 11-- 1
insert-- 2
(4AA) If bail for a person is subject to a special 3
condition mentioned in subsection (3)-- 4
(a) for bail that is granted by a police officer at a 5
police station, watch-house or police 6
establishment (each a relevant place)--the 7
police officer may detain and photograph 8
the person at the relevant place for the 9
purposes of the Police Powers and 10
Responsibilities Act 2000, chapter 19, part 11
5B; or 12
(b) otherwise--the court may impose a 13
condition that requires the person to report 14
to a police station within 48 hours after bail 15
is granted to be photographed under the 16
Police Powers and Responsibilities Act 17
2000, chapter 19, part 5B. 18
(3) Section 11-- 19
insert-- 20
(9A) Section 11AB also provides for a condition 21
requiring completion of a Drug and Alcohol 22
Assessment Referral course that must be imposed 23
on a person's release on bail in particular 24
circumstances. 25
Clause 5 Insertion of new s 11AB 26
After section 11AA-- 27
insert-- 28
11AB Condition requiring completion of DAAR 29
course 30
(1) This section applies if a person is charged with a 31
prescribed offence and it is alleged the offence 32
was committed in a public place while the person 33
Page 15
Safe Night Out Legislation Amendment Bill 2014
Part 2 Amendment of Bail Act 1980
[s 5]
was adversely affected by an intoxicating 1
substance. 2
(2) A court or a police officer authorised by this Act 3
to grant bail for the person's release must impose 4
a condition for the release that the person must 5
complete a DAAR course by a stated day. 6
(3) Subsection (2) does not apply if-- 7
(a) the person has already completed 2 DAAR 8
courses within the previous 5 years; or 9
(b) the person is less than 18 years old; or 10
(c) section 11A applies. 11
(4) In this section-- 12
approved provider means an entity approved by 13
the chief executive (health) by gazette notice to 14
provide DAAR courses. 15
chief executive (health) means the chief 16
executive of the department within which the 17
Health Act 1937 is administered. 18
DAAR stands for Drug and Alcohol Assessment 19
Referral. 20
DAAR course means a course provided to a 21
person by an approved provider in which-- 22
(a) the person's drug or alcohol use is assessed; 23
and 24
(b) the person is given information about 25
appropriate options for treatment and may 26
be offered counselling or education. 27
prescribed offence means an offence against-- 28
(a) any of the following provisions of the 29
Criminal Code-- 30
(i) section 72; 31
(ii) section 320; 32
Page 16
Safe Night Out Legislation Amendment Bill 2014
Part 2 Amendment of Bail Act 1980
[s 6]
(iii) section 323; 1
(iv) section 335; 2
(v) section 339; 3
(vi) section 340(1)(b) or (2AA); or 4
(b) the Police Powers and Responsibilities Act 5
2000, section 790. 6
public place means-- 7
(a) a place, or part of a place, that the public is 8
entitled to use, is open to members of the 9
public or is used by the public, whether or 10
not on payment of money; or 11
(b) a place, or part of a place, the occupier of 12
which allows, whether or not on payment of 13
money, members of the public to enter. 14
Clause 6 Amendment of s 34F (Commissioner may give 15
information about special condition of bail to licensee 16
under Liquor Act 1992) 17
(1) Section 34F, heading, `licensee under Liquor Act 1992'-- 18
omit, insert-- 19
particular persons 20
(2) Section 34F(1)-- 21
insert-- 22
(e) the Commissioner for Liquor and Gaming 23
under the Gaming Machine Act 1991; or 24
(f) an approved operator under the Liquor Act 25
1992, section 173EE. 26
Clause 7 Insertion of new s 44 27
After section 43-- 28
insert-- 29
Page 17
Safe Night Out Legislation Amendment Bill 2014
Part 3 Amendment of Corrective Services Act 2006
[s 8]
44 Transitional provision for Safe Night Out 1
Legislation Amendment Act 2014 2
(1) Section 11AB applies in relation to the release of 3
a person on bail on or after the commencement of 4
this section. 5
(2) For subsection (1), it is irrelevant whether the act 6
or omission constituting the offence in relation to 7
which the person is released on bail happened, or 8
proceedings for the offence started, before or 9
after the commencement of this section. 10
Part 3 Amendment of Corrective 11
Services Act 2006 12
Clause 8 Act amended 13
This part amends the Corrective Services Act 2006. 14
Clause 9 Replacement of s 182A (Parole eligibility date for prisoner 15
serving term of imprisonment for drug trafficking 16
offence) 17
Section 182A-- 18
omit, insert-- 19
182A Parole eligibility date for prisoner serving 20
term of imprisonment for other particular 21
serious offences 22
(1) This section applies to a prisoner who is serving a 23
term of imprisonment for a drug trafficking 24
offence. 25
(2) Also, this section applies to a prisoner who is 26
serving a term of imprisonment, other than a term 27
of imprisonment for life, for an offence against 28
the Criminal Code, section 302A. 29
Page 18
Safe Night Out Legislation Amendment Bill 2014
Part 3 Amendment of Corrective Services Act 2006
[s 10]
(3) The prisoner's parole eligibility date is the day 1
after the day on which the prisoner has served-- 2
(a) if the prisoner is serving a term of 3
imprisonment for a drug trafficking 4
offence--80% of the term; or 5
(b) if the prisoner is serving a term of 6
imprisonment for an offence against section 7
302A--the lesser of the following-- 8
(i) 80% of the term; 9
(ii) 15 years. 10
(4) However, if a later parole eligibility date is fixed 11
for the period of imprisonment under the 12
Penalties and Sentences Act 1992, part 9, division 13
3, the prisoner's parole eligibility date is the later 14
date fixed under that division. 15
(5) This section is subject to section 185. 16
Clause 10 Amendment of s 184 (Parole eligibility date for other 17
prisoners) 18
Section 184(5), definition offence, paragraph (d), `a drug 19
trafficking offence'-- 20
omit, insert-- 21
an offence 22
Clause 11 Insertion of new ch 7A, pt 8 23
Chapter 7A-- 24
insert-- 25
Page 19
Safe Night Out Legislation Amendment Bill 2014
Part 4 Amendment of Criminal Code
[s 12]
Part 8 Transitional provision 1
for Safe Night Out 2
Legislation 3
Amendment Act 2014 4
490D Application of s 182A 5
Section 182A applies to a prisoner who is serving a 6
term of imprisonment for a drug trafficking offence 7
only if the act or omission constituting the offence 8
occurred wholly on or after 13 August 2013. 9
Part 4 Amendment of Criminal Code 10
Clause 12 Code amended 11
This part amends the Criminal Code. 12
Clause 13 Amendment of s 300 (Unlawful homicide) 13
Section 300, `murder or manslaughter'-- 14
omit, insert-- 15
murder, unlawful striking causing death or 16
manslaughter 17
Clause 14 Insertion of new s 302A 18
After section 302-- 19
insert-- 20
302A Unlawful striking causing death 21
(1) A person who unlawfully strikes another person 22
to the head or neck, causing the death of the other 23
person, is guilty of a crime. 24
Page 20
Safe Night Out Legislation Amendment Bill 2014
Part 4 Amendment of Criminal Code
[s 14]
Maximum penalty--life imprisonment. 1
(2) Sections 23(1)(b) and 270 do not apply to an 2
offence against subsection (1). 3
(3) An assault is not an element of an offence against 4
subsection (1). 5
(4) A person is not criminally responsible for an 6
offence against subsection (1) if the act of 7
striking the other person was-- 8
(a) done as part of a socially acceptable 9
function or activity; and 10
(b) reasonable in the circumstances. 11
(5) If a court sentences a person to a term of 12
imprisonment for an offence mentioned in 13
subsection (1), the court must make an order that 14
the person must not be released from 15
imprisonment until the person has served the 16
lesser of-- 17
(a) 80% of the person's term of imprisonment 18
for the offence; or 19
(b) 15 years. 20
(6) Subsection (5) does not apply if the court 21
sentences the person to-- 22
(a) a term of imprisonment for life; or 23
Note-- 24
See the Corrective Services Act 2006, section 181 25
for the parole eligibility date for a prisoner serving 26
a term of imprisonment for life for an offence 27
mentioned in subsection (1). 28
(b) an indefinite sentence under the Penalties 29
and Sentences Act 1992; or 30
Note-- 31
See the Penalties and Sentences Act 1992, section 32
171 for the time of the earliest review of an 33
indefinite sentence being served by a prisoner 34
Page 21
Safe Night Out Legislation Amendment Bill 2014
Part 4 Amendment of Criminal Code
[s 15]
serving an indefinite sentence for an offence 1
mentioned in subsection (1). 2
(c) a term of imprisonment and makes either of 3
the following orders under the Penalties and 4
Sentences Act 1992 for the person-- 5
(i) an intensive correction order; 6
(ii) an order that the whole or a part of the 7
term of imprisonment be suspended. 8
(7) In this section-- 9
causing means causing directly or indirectly. 10
function or activity includes a sporting event. 11
strike, a person, means directly apply force to the 12
person by punching or kicking, or by otherwise 13
hitting using any part of the body, with or without 14
the use of a dangerous or offensive weapon or 15
instrument. 16
Clause 15 Amendment of s 303 (Definition of manslaughter) 17
Section 303, after `murder'-- 18
insert-- 19
or unlawful striking causing death 20
Clause 16 Amendment of s 340 (Serious assaults) 21
Section 340(2AA), penalty-- 22
omit, insert-- 23
Maximum penalty-- 24
(a) if the offender assaults a public officer in 25
any of the following circumstances-- 26
(i) the offender bites or spits on the public 27
officer or throws at, or in any way 28
applies to, the public officer a bodily 29
fluid or faeces; 30
Page 22
Safe Night Out Legislation Amendment Bill 2014
Part 4 Amendment of Criminal Code
[s 17]
(ii) the offender causes bodily harm to the 1
public officer; 2
(iii) the offender is, or pretends to be, 3
armed with a dangerous or offensive 4
weapon or instrument--14 years 5
imprisonment; or 6
(b) otherwise--7 years imprisonment. 7
Clause 17 Insertion of new ch 35A 8
After chapter 35-- 9
insert-- 10
Chapter 35A Circumstance of 11
aggravation for 12
particular offences 13
365A Application of ch 35A 14
(1) This chapter applies to an offence against-- 15
(a) section 320; or 16
(b) section 323; or 17
(c) section 340(1)(b), if the circumstances 18
mentioned in section 340(1), penalty, 19
paragraph (a) apply; or 20
(d) section 340(2AA), if the circumstances 21
mentioned in section 340(2AA), penalty, 22
paragraph (a) apply. 23
(2) This chapter applies in relation to proof of the 24
circumstance of aggravation that the offence was 25
committed in a public place while the person was 26
adversely affected by an intoxicating substance. 27
Notes-- 28
1 The Penalties and Sentences Act 1992, part 5, 29
division 2, subdivision 2 provides for the making of a 30
Page 23
Safe Night Out Legislation Amendment Bill 2014
Part 4 Amendment of Criminal Code
[s 17]
community service order for the person if the offence 1
is committed in a public place while the person is 2
adversely affected by an intoxicating substance. 3
2 The Police Powers and Responsibilities Act 2000, 4
chapter 18A provides for the application of particular 5
provisions of the Transport Operations (Road Use 6
Management) Act 1995, including provisions about 7
proof that the person was adversely affected by an 8
intoxicating substance. 9
365B Application of defences 10
(1) Section 24 does not apply in relation to a belief of 11
the person that the person is not adversely 12
affected by an intoxicating substance. 13
(2) A person is taken to be not adversely affected by 14
an intoxicating substance at the relevant time if 15
the person proves-- 16
(a) the person ingested an intoxicating 17
substance that the person did not know the 18
person was ingesting; and 19
(b) an ordinary person would not reasonably 20
have known the person was ingesting the 21
intoxicating substance; and 22
(c) the person would not be adversely affected 23
by an intoxicating substance at the relevant 24
time apart from that ingestion. 25
(3) In this section-- 26
ingest includes drink, administer, inhale and 27
smoke. 28
365C Proof of being adversely affected by an 29
intoxicating substance 30
(1) A person is taken to be adversely affected by an 31
intoxicating substance if-- 32
Page 24
Safe Night Out Legislation Amendment Bill 2014
Part 5 Amendment of Drugs Misuse Act 1986
[s 18]
(a) the concentration of alcohol in the person's 1
blood is at least 150mg of alcohol in 100mL 2
of blood; or 3
(b) the concentration of alcohol in the person's 4
breath is at least 0.150g of alcohol in 210L 5
of breath; or 6
(c) any amount of a drug prescribed by 7
regulation is present in the person's saliva; 8
or 9
(d) the person fails to provide a specimen as 10
required under the Transport Operations 11
(Road Use Management) Act 1995, section 12
80 as applied under the Police Powers and 13
Responsibilities Act 2000, chapter 18A. 14
(2) However, subsection (1)(c) or (d) does not apply 15
if the person proves he or she was not adversely 16
affected by an intoxicating substance at the 17
relevant time. 18
(3) Subsection (1) does not limit the circumstances 19
in which a person may be adversely affected by 20
an intoxicating substance. 21
Part 5 Amendment of Drugs Misuse 22
Act 1986 23
Clause 18 Act amended 24
This part amends the Drugs Misuse Act 1986. 25
Clause 19 Amendment of s 4 (Definitions) 26
Section 4-- 27
insert-- 28
Page 25
Safe Night Out Legislation Amendment Bill 2014
Part 6 Amendment of Drugs Misuse Regulation 1987
[s 20]
whole weight, of a dangerous drug, means the total weight of 1
the drug and any other substance with which it is mixed or in 2
which it is contained. 3
Clause 20 Amendment of s 8 (Producing dangerous drugs) 4
Section 8-- 5
insert-- 6
(2) For a dangerous drug that is a thing specified in 7
the Drugs Misuse Regulation 1987, schedule 1, 8
part 2 (a part 2 drug), a reference in subsection 9
(1) to the quantity of the thing is a reference to 10
the whole weight of all the part 2 drugs (whether 11
of the same or different types) that the person is 12
convicted of unlawfully producing. 13
Clause 21 Amendment of s 9 (Possessing dangerous drugs) 14
Section 9-- 15
insert-- 16
(2) For a dangerous drug that is a thing specified in 17
the Drugs Misuse Regulation 1987, schedule 1, 18
part 2 (a part 2 drug), a reference in subsection 19
(1) to the quantity of the thing is a reference to 20
the whole weight of all the part 2 drugs (whether 21
of the same or different types) that the person is 22
convicted of unlawfully possessing. 23
Part 6 Amendment of Drugs Misuse 24
Regulation 1987 25
Clause 22 Regulation amended 26
This part amends the Drugs Misuse Regulation 1987. 27
Page 26
Safe Night Out Legislation Amendment Bill 2014
Part 6 Amendment of Drugs Misuse Regulation 1987
[s 23]
Clause 23 Amendment of sch 1 (Dangerous drugs) 1
(1) Schedule 1, after heading-- 2
insert-- 3
Part 1 Non-steroid drugs 4
(2) Schedule 1, at the end-- 5
insert-- 6
Part 2 Steroid drugs 7
Clause 24 Amendment of schs 1 and 2 8
Schedules 1 and 2 are amended by inserting all of the following 9
items in schedule 1, part 2 and omitting all of the following items 10
from schedule 2-- 11
Androisoxazole 12
Androstenediol 13
Atamestane 14
Bolandiol 15
Bolasterone 16
Bolazine 17
Boldenone (dehydrotestosterone) 18
Bolenol 19
Bolmantalate 20
Calusterone 21
Chlorandrostenolone 22
4-Chloromethandienone 23
Chloroxydienone 24
Chloroxymesterone 25
(dehydrochloromethyltestosterone) 26
Page 27
Safe Night Out Legislation Amendment Bill 2014
Part 6 Amendment of Drugs Misuse Regulation 1987
[s 24]
Clostebol (4-chlorotestosterone) 1
Danazol 2
Dehydroepiandrosterone (DHEA) 3
Dihydrolone 4
Dimethandrostanolone 5
Drostanolone 6
Enestebol 7
Epitiostanol 8
Ethyldienolone 9
Ethylestrenol 10
Fluoxymesterone 11
Formebolone (formyldienolone) 12
Furazabol 13
4-Hydroxy-19-nortestosterone 14
Hydroxystenozol 15
Mebolazine 16
Mepitiostane 17
Mesabolone 18
Mestanolone (androstalone) 19
Mesterolone 20
Methandienone 21
Methandriol 22
Methenolone 23
Methylclostebol 24
Methyltestosterone 25
Methyltrienolone 26
Metribolone 27
Page 28
Safe Night Out Legislation Amendment Bill 2014
Part 6 Amendment of Drugs Misuse Regulation 1987
[s 24]
Mibolerone 1
Nandrolone 2
Norandrostenolone 3
Norbolethone 4
Norclostebol 5
Norethandrolone 6
Normethandrone 7
Ovandrotone 8
Oxabolone 9
Oxandrolone 10
Oxymesterone 11
Oxymetholone 12
Prasterone 13
Propetandrol 14
Quinbolone 15
Silandrone 16
Stanolone 17
Stanozolol 18
Stenbolone 19
Testosterone, other than in implant preparations for 20
growth promotion in animals 21
Thiomesterone (tiomesterone) 22
Tibolone 23
Trenbolone (trienbolone, trienolone), other than in 24
implant preparations for use in animals 25
Trestolone 26
Any other anabolic and androgenic steroidal agent 27
Page 29
Safe Night Out Legislation Amendment Bill 2014
Part 6 Amendment of Drugs Misuse Regulation 1987
[s 25]
Clause 25 Amendment of sch 3 (Specified quantities for particular 1
dangerous drugs) 2
(1) Schedule 3, after heading-- 3
insert-- 4
Part 1 Quantities of 5
non-steroid drugs 6
(2) Schedule 3, at the end-- 7
insert-- 8
Part 2 Quantities of steroid 9
drugs 10
Dangerous drug Whole weight of
dangerous drug
a dangerous drug mentioned in schedule 1, part 2 50.0g
Clause 26 Amendment of sch 4 (Specified quantities for particular 11
dangerous drugs) 12
(1) Schedule 4, after heading-- 13
insert-- 14
Part 1 Quantities of 15
non-steroid drugs 16
(2) Schedule 4, at the end-- 17
insert-- 18
Page 30
Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 27]
Part 2 Quantities of steroid 1
drugs 2
Dangerous drug Whole weight of
dangerous drug
a dangerous drug mentioned in schedule 1, part 2 5000.0g
Part 7 Amendment of Liquor Act 1992 3
Clause 27 Act amended 4
This part amends the Liquor Act 1992. 5
Clause 28 Amendment of s 4 (Definitions) 6
(1) Section 4, definitions authorised person, civil banning order, 7
drink safe precinct, entertainment, interim civil banning 8
order, respondent and unduly intoxicated-- 9
omit. 10
(2) Section 4-- 11
insert-- 12
approved evaluator, for part 6AA, see section 13
173EE. 14
approved ID scanner, for part 6AA, see section 15
173EE. 16
approved ID scanning system, for part 6AA, see 17
section 173EE. 18
approved operator, for part 6AA, see section 19
173EE. 20
Page 31
Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 28]
banning order, for regulated premises, for part 1
6AA, see section 173EE. 2
exempt class, for part 6AA, see section 173EE. 3
exempt licensee, for a safe night precinct, see 4
section 173NB(2). 5
ID scanner, for part 6AA, see section 173EE. 6
ID scanning system, for part 6AA, see section 7
173EE. 8
incorporated association see the Associations 9
Incorporation Act 1981, schedule. 10
irresponsible, in relation to consumption of 11
liquor, includes rapid or excessive. 12
licensee, for part 6AA, division 4, see section 13
173EE. 14
licensee ban, for part 6AA, see section 173EE. 15
licensee member, of the local board of a safe 16
night precinct, see section 173NL(2). 17
local board, for a safe night precinct, see section 18
173NC(2). 19
management committee, for a local board, 20
means the board's management committee 21
formed under the Associations Incorporation Act 22
1981. 23
photo ID, for a person, for part 6AA, see section 24
173EE. 25
police service means the Queensland Police 26
Service. 27
regulated premises, for part 6AA, see section 28
173EE. 29
relevant licensee, for a safe night precinct, see 30
section 173NB(1). 31
Page 32
Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 29]
rules, of a local board, means the rules of the 1
local board under the Associations Incorporation 2
Act 1981. 3
safe night precinct see section 173NC(1). 4
(3) Section 4, definition amenity, paragraph (b)-- 5
omit, insert-- 6
(b) the health and safety of persons who live in, 7
work in or visit the community or locality 8
and the comfort or enjoyment they derive 9
from the community or locality. 10
(4) Section 4, definition approved risk-assessed management 11
plan, after `section 52'-- 12
insert-- 13
or 52A 14
(5) Section 4, definition information notice, `under part 5A'-- 15
omit. 16
Clause 29 Omission of s 4AA (Meaning of entertainment) 17
Section 4AA-- 18
omit. 19
Clause 30 Insertion of new s 9A 20
After section 9-- 21
insert-- 22
9A When a person may be taken to be unduly 23
intoxicated 24
For this Act, a person may be taken to be unduly 25
intoxicated if-- 26
(a) the person's speech, balance, coordination 27
or behaviour is noticeably affected; and 28
Page 33
Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 31]
(b) there are reasonable grounds for believing 1
the affected speech, balance, coordination or 2
behaviour is the result of the consumption of 3
liquor, drugs or another intoxicating 4
substance. 5
Clause 31 Amendment of s 13 (Exemption for the sale of liquor at 6
fundraising event) 7
(1) Section 13(2)(a), `rapid or excessive'-- 8
omit, insert-- 9
the irresponsible 10
(2) Section 13(3)(d)(ii), `148A(2) or (4)'-- 11
omit, insert-- 12
142ZZ or 142ZZB 13
Clause 32 Amendment of s 21 (Jurisdiction and powers of tribunal) 14
(1) Section 21(1)-- 15
insert-- 16
(baa)the giving of a compliance notice under 17
section 142ZZD; or 18
(bab)a request under section 142ZZD(8) to 19
amend or revoke a compliance notice; or 20
(eaa)a direction to change an approved 21
risk-assessed management plan under 22
section 52A; or 23
(h) a decision for which an information notice 24
must be given under part 6AA. 25
(2) Section 21(1)(a) to (h)-- 26
renumber as section 21(1)(a) to (t). 27
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Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 33]
Clause 33 Amendment of s 42A (Commissioner may make 1
guidelines) 2
(1) Section 42A(1)-- 3
insert-- 4
(c) matters that may help persons comply with 5
their responsibilities, or lawfully and 6
appropriately exercise powers, under this 7
Act. 8
(2) Section 42A(1), examples-- 9
insert-- 10
3 The commissioner might make a guideline to help licensees 11
and others determine if a person is unduly intoxicated. 12
4 The commissioner may make guidelines under sections 13
142ZZ, 142ZZA or 142ZZD. 14
Clause 34 Amendment of s 50 (Application of pt 3A) 15
Section 50-- 16
insert-- 17
(2) This part applies in relation to the permittee for a 18
restricted liquor permit in the same way it applies 19
to a licensee and, for that purpose-- 20
(a) a reference in this part to a licence includes 21
a restricted liquor permit; and 22
(b) a reference in this part to licensed premises 23
includes premises to which a restricted 24
liquor permit relates. 25
Clause 35 Amendment of s 51 (Approval of plan or revised plan) 26
Section 51(b), `or permittee'-- 27
omit. 28
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Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 36]
Clause 36 Amendment of s 52 (Changing plan) 1
(1) Section 52, heading, after `plan'-- 2
insert-- 3
on application by licensee 4
(2) Section 52(1)-- 5
omit, insert-- 6
(1) A licensee may apply to the commissioner to 7
change the licensee's approved risk-assessed 8
management plan for the licensed premises. 9
(3) Section 52(3) and (5), `or permittee'-- 10
omit. 11
(4) Section 52(4)(b), `or permit'-- 12
omit. 13
Clause 37 Insertion of new s 52A 14
After section 52-- 15
insert-- 16
52A Commissioner may direct licensee to change 17
plan 18
(1) The commissioner may, by written notice given 19
to a licensee, direct the licensee to change the 20
licensee's approved risk-assessed management 21
plan for the licensed premises. 22
(2) The commissioner may decide to give the 23
direction for a purpose for which a condition may 24
be imposed on the licence under section 107C(1). 25
(3) The notice given to the licensee must state-- 26
(a) particulars of the required change; and 27
(b) the reasons for the required change; and 28
(c) that the licensee must, within a stated 29
reasonable time, give the commissioner a 30
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Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 38]
copy of the licensee's plan amended to 1
incorporate the required change. 2
(4) The licensee must comply with the notice. 3
Maximum penalty--25 penalty units. 4
(5) After receiving a copy of the licensee's amended 5
plan, the commissioner must give to the 6
licensee-- 7
(a) a notice approving the amended plan; or 8
(b) if the commissioner considers the amended 9
plan does not appropriately incorporate the 10
required change--a further notice under 11
subsection (1). 12
(6) The amended plan takes effect on the day that the 13
commissioner gives the licensee a notice 14
approving it and does not depend on the licence 15
being amended to identify the amended plan. 16
(7) The commissioner may give a direction under 17
this section to each licensee, or each licensee of a 18
particular class, for licensed premises in a safe 19
night precinct, restricted area or other area. 20
Clause 38 Amendment of s 53 (Recording change of plan) 21
(1) Section 53(1)-- 22
omit, insert-- 23
(1) This section applies if a licensee receives a notice 24
under section 52(3) or 52A(5)(a) about a change 25
to the licensee's approved risk-assessed 26
management plan for the licensed premises. 27
(2) Section 53(2), (3) and (4), `or permittee'-- 28
omit. 29
(3) Section 53(2)(b), `, or permittee's permit,'-- 30
omit. 31
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Part 7 Amendment of Liquor Act 1992
[s 39]
(4) Section 53(4), `or permit'-- 1
omit. 2
Clause 39 Replacement of s 54 (Conditions about approved plan) 3
Section 54-- 4
omit, insert-- 5
54 Conditions about approved plan 6
It is a condition of a licence that the licensee-- 7
(a) keep the licensee's approved risk-assessed 8
management plan for the licensed premises 9
available for inspection at the licensed 10
premises by an investigator and patrons of 11
the premises; and 12
(b) display signage at the premises in a way that 13
is likely to make patrons aware that-- 14
(i) the licensee has an approved 15
risk-assessed management plan for the 16
premises; and 17
(ii) the plan is available for inspection by 18
patrons; and 19
(c) ensure all staff of the premises, and crowd 20
controllers engaged in maintaining order in 21
and around the premises, are aware of the 22
plan and perform their duties at the premises 23
in compliance with the plan. 24
Clause 40 Amendment of s 58 (Available licences) 25
Section 58(1)-- 26
insert-- 27
(f) nightclub licence. 28
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Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 41]
Clause 41 Omission of s 67AA (Principal activity is the provision of 1
entertainment) 2
Section 67AA-- 3
omit. 4
Clause 42 Amendment of s 67A (Principal activity is the provision of 5
meals) 6
Section 67A-- 7
insert-- 8
(3) For subsection (1), a licensee is taken not to be 9
conducting a business on the licensed premises 10
that is consistent with the principal activity of the 11
licence unless-- 12
(a) for each trading day, most of the patrons of 13
the business on that day consume a meal on 14
the premises; and 15
(b) throughout each trading day, most of the 16
area of the licensed premises is set up with 17
tables and chairs, or another combination of 18
seating and surfaces, that are being used or 19
ready for use by patrons for consuming 20
meals; and 21
(c) there is a kitchen in the licensed premises 22
which is open throughout each trading day 23
other than a period of up to 1 hour before the 24
end of a trading period; and 25
(d) throughout each trading day there are 26
sufficient staff at the licensed premises 27
engaged in, or available to engage in, the 28
preparation and service of meals. 29
(4) In this section-- 30
open, for a kitchen, means being used or 31
available for use for meal preparation. 32
trading day, for licensed premises, means-- 33
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Part 7 Amendment of Liquor Act 1992
[s 43]
(a) if only 1 trading period for the premises 1
starts on a day--that trading period; or 2
(b) if 2 or more trading periods for the premises 3
start on a day--the total of the trading 4
periods. 5
trading period, for licensed premises, means a 6
continuous period during which the premises are 7
open for business (including a period starting on 8
a day and ending on the following day). 9
Clause 43 Insertion of new pt 4, div 6A 10
Part 4-- 11
insert-- 12
Division 6A Nightclub licence 13
83A Principal activity of a business under a 14
nightclub licence 15
(1) The principal activity of a business conducted 16
under a nightclub licence is the provision of 17
entertainment on the licensed premises and the 18
sale of liquor for consumption on the licensed 19
premises while the entertainment is provided. 20
(2) The authority under a nightclub licence to sell or 21
supply liquor does not apply unless a business is 22
conducted on the licensed premises with the 23
principal activity as mentioned in subsection (1). 24
(3) It is consistent with the principal activity of a 25
nightclub licence to sell or supply liquor for 26
consumption on the premises during a relevant 27
period, even though no entertainment is being 28
provided, if the liquor is sold or supplied in 29
association with a consumer eating a meal on the 30
premises. 31
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Part 7 Amendment of Liquor Act 1992
[s 43]
(4) However, subsection (3) applies only if the 1
licensee complies with section 67A(3) as if a 2
reference in that provision to a trading day were a 3
reference to the part of a trading day during a 4
relevant period that the licensee sells or supplies 5
liquor while no entertainment is being provided. 6
(5) In this section-- 7
entertainment-- 8
(a) means entertainment provided by a 9
person-- 10
(i) who is physically present when 11
providing the entertainment; and 12
(ii) whose function is to present the 13
entertainment; and 14
(b) does not include entertainment using 15
facilities that do not require a person present 16
to provide the entertainment. 17
Examples of facilities that do not require a person to 18
be present-- 19
· pool tables 20
· jukeboxes 21
relevant period, for premises, means-- 22
(a) for premises to which an extended trading 23
hours approval applies for trading between 24
9a.m. and 10a.m.--between 9a.m. and 25
5p.m.; or 26
(b) if paragraph (a) does not apply--between 27
10a.m. and 5p.m. 28
83B Authority of nightclub licence 29
(1) A nightclub licence authorises the licensee to sell 30
liquor on the licensed premises, and any other 31
premises stated in the licence, for consumption 32
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Part 7 Amendment of Liquor Act 1992
[s 43]
on the premises during ordinary trading hours or 1
approved extended trading hours. 2
(2) The authority under subsection (1) is subject to 3
this Act and the conditions stated in a particular 4
licence. 5
83C Restrictions on grant of nightclub licence 6
(1) The commissioner may grant a nightclub licence 7
only if the commissioner is satisfied the licensed 8
premises have toilet facilities for male and female 9
patrons of the business to be conducted under the 10
licence on the licensed premises. 11
(2) The commissioner must not grant a nightclub 12
licence to a person for a vehicle the 13
commissioner reasonably considers is, or is to be, 14
used primarily to transport persons by road 15
between licensed premises. 16
83D Restriction on sale of liquor for consumption 17
off premises 18
(1) The commissioner may decide that liquor may be 19
sold under the authority of a nightclub licence for 20
consumption off the licensed premises only if the 21
commissioner is satisfied the sale of liquor will 22
be made only in the course of the licensee 23
providing catering facilities for functions. 24
(2) The authority conferred by a nightclub licence to 25
sell liquor for consumption off the licensed 26
premises is restricted to the sale of liquor-- 27
(a) as ancillary to a function that-- 28
(i) happens at a place at which the liquor 29
is consumed; and 30
(ii) includes the licensee providing food 31
for the function of sufficient substance 32
as to be ordinarily accepted as a meal 33
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Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 44]
for consumption by persons genuinely 1
attending the function, even though the 2
food may be eaten while standing and 3
without cutlery; and 4
(b) for consumption by persons genuinely 5
attending the function. 6
Clause 44 Amendment of s 85 (Application for approval) 7
Section 85-- 8
insert-- 9
(3) Subsection (1) does not apply to an applicant for, 10
or holder of, a community other licence. 11
Clause 45 Amendment of s 86 (Hours to which application may 12
relate etc.) 13
(1) Section 86(1), `other than a community other licence'-- 14
omit. 15
(2) Section 86-- 16
insert-- 17
(1A) Subsection (1) does not apply to a subsidiary 18
on-premises licence (meals) or community other 19
licence. 20
(1B) An application may be made for an extended 21
trading hours approval for a subsidiary 22
on-premises licence (meals) that, if granted, 23
would extend trading hours on a regular basis to 24
include trading between 12a.m. and 1a.m. 25
Clause 46 Omission of pt 4, div 8 (Moratorium on extended trading 26
hours approvals) 27
Part 4, division 8-- 28
omit. 29
Page 43
Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 47]
Clause 47 Amendment of s 101 (Definitions for div 2) 1
Section 101, definition licence-- 2
insert-- 3
(d) nightclub licence. 4
Clause 48 Amendment of s 105A (Additional requirement for 5
particular applications--risk-assessed management 6
plan) 7
Section 105A(6), definition low risk premises, `5a.m.'-- 8
omit, insert-- 9
1a.m. 10
Clause 49 Insertion of new s 105B 11
After section 105A-- 12
insert-- 13
105B Application for adult entertainment permit 14
requires local government consent 15
(1) An application for an adult entertainment permit 16
may be made only with the consent of the local 17
government for the area in which the relevant 18
premises are located. 19
(2) The application must include, or be accompanied 20
by, the written consent or written evidence of the 21
consent. 22
(3) However, subsection (1) does not apply to an 23
application for an adult entertainment permit if-- 24
(a) an adult entertainment permit (the previous 25
permit) was previously granted for the 26
relevant premises; and 27
(b) the application is made before, or no later 28
than 30 days after, the previous permit 29
expires. 30
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Part 7 Amendment of Liquor Act 1992
[s 50]
(4) Also, subsection (1) does not apply if the local 1
government abstains, in writing, from consenting 2
to the application. 3
(5) In this section-- 4
consent, of a local government to an application 5
for an adult entertainment permit, does not 6
include a development approval for the relevant 7
premises given by the local government under the 8
Sustainable Planning Act 2009. 9
relevant premises means the premises in relation 10
to which the adult entertainment permit is sought. 11
Clause 50 Amendment of s 107C (Commissioner may impose 12
conditions on licences and permits) 13
Section 107C-- 14
insert-- 15
(3) A condition may provide for matters mentioned 16
in section 173EG. 17
Clause 51 Amendment of s 111 (Variation of licence) 18
(1) Section 111(2)(g)-- 19
omit, insert-- 20
(g) another matter for the purpose of-- 21
(i) ensuring compliance with this Act; or 22
(ii) minimising alcohol-related 23
disturbances, or public disorder, in a 24
locality; or 25
(iii) otherwise giving effect to the main 26
purpose of this Act mentioned in 27
section 3(a). 28
(2) Section 111(2A)-- 29
omit, insert-- 30
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Part 7 Amendment of Liquor Act 1992
[s 52]
(3) The ways the commissioner may seek to vary a 1
licence under subsection (2) include imposing a 2
new condition, amending a condition and 3
revoking a condition. 4
(4) The commissioner may, under subsection (2), 5
seek to make the same variation to each licence, 6
or each licence of a particular class, for licensed 7
premises in a particular safe night precinct, 8
restricted area or other area. 9
Examples-- 10
1. The commissioner may seek to vary all the licences 11
for licensed premises in a particular safe night 12
precinct by imposing on each licence a condition 13
requiring that a patron must not be allowed to enter 14
the premises during a stated period. 15
2. The commissioner may seek to vary all the 16
commercial hotel licences for licensed premises in a 17
central business district by imposing on each licence 18
a condition under section 173EF(2). 19
Clause 52 Amendment of s 112 (Procedure for variation by 20
commissioner) 21
Section 112(1A)-- 22
insert-- 23
(c) the chief executive of the department that 24
administers the Aboriginal and Torres Strait 25
Islander Communities (Justice, Land and 26
Other Matters) Act 1984. 27
Clause 53 Amendment of s 116 (When community impact statement 28
to be given to commissioner) 29
Section 116(3)(b), `5a.m.'-- 30
omit, insert-- 31
1a.m. 32
Page 46
Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 54]
Clause 54 Amendment of s 117A (Comments about particular 1
applications) 2
Section 117A(1)-- 3
insert-- 4
(d) the chief executive of the department that 5
administers the Aboriginal and Torres Strait 6
Islander Communities (Justice, Land and 7
Other Matters) Act 1984. 8
Clause 55 Amendment of s 118 (Advertisement of applications) 9
Section 118(1)(b)(ii), `5a.m.'-- 10
omit, insert-- 11
1a.m. 12
Clause 56 Amendment of s 121 (Matters the commissioner must 13
have regard to) 14
Section 121(1)(e), after `for the area'-- 15
insert-- 16
and the chief executive of the department that 17
administers the Aboriginal and Torres Strait Islander 18
Communities (Justice, Land and Other Matters) Act 19
1984 20
Clause 57 Insertion of new s 121A 21
After section 121-- 22
insert-- 23
121A Commissioner must publish information 24
after granting particular applications 25
(1) This section applies if-- 26
(a) the commissioner receives an application for 27
an extended trading hours approval; and 28
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Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 58]
(b) under section 117, the police district officer 1
for the locality objects to the grant of the 2
application; and 3
(c) the commissioner grants the application. 4
(2) The commissioner must publish, on the 5
department's website, information about how 6
public safety concerns will be addressed in 7
relation to the licensed premises to which the 8
approval applies. 9
(3) The information must-- 10
(a) be published on the department's website as 11
soon as practicable after the commissioner 12
grants the application; and 13
(b) continue to be published for a period of at 14
least 3 months. 15
Clause 58 Insertion of new pt 5, div 1A 16
Part 5-- 17
insert-- 18
Division 1A Public safety and amenity 19
128A Application of div 1A 20
(1) This division applies to the commissioner for the 21
purpose of making a decision under this Act, in 22
relation to relevant premises, about the effects of 23
a thing on-- 24
(a) the health and safety of members of the 25
public; or 26
(b) the amenity of a community or locality. 27
(2) This division does not limit the matters the 28
commissioner may consider in making the 29
decision. 30
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Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 58]
(3) In this section-- 1
relevant premises means -- 2
(a) licensed premises; or 3
(b) premises to which a permit relates; or 4
(c) premises for which an application for a 5
licence or permit has been made. 6
128B Particular matters the commissioner may 7
consider 8
(1) The matters that the commissioner may consider 9
include-- 10
(a) the disbursement of persons leaving the 11
relevant premises; and 12
(b) the availability of public transport during, 13
and immediately before or after, the hours of 14
operation of the relevant premises; and 15
(c) the nature and level of noise from the 16
relevant premises. 17
(2) The commissioner may consider whether any of 18
the following has happened, and the likelihood of 19
any of the following happening, in relation to the 20
behaviour of persons in or near the relevant 21
premises-- 22
(a) violence; 23
(b) vandalism; 24
(c) nuisance; 25
(d) drunkenness; 26
(e) public urination, vomiting or defecation; 27
(f) disorderly, riotous, threatening, indecent, 28
offensive or insulting behaviour; 29
(g) noisiness; 30
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Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 58]
(h) obstruction of a road, footpath or other 1
thoroughfare. 2
128C Conditions relating to public safety or 3
amenity 4
The conditions that the commissioner may 5
impose on a licence or permit under part 5 to give 6
effect to the main purpose of this Act mentioned 7
in section 3(a) include a condition about any of 8
the following-- 9
(a) the days on which, or times during which, 10
liquor may be sold on the relevant premises; 11
(b) the availability of liquor from the relevant 12
premises, including the type or quantity of 13
liquor that may be sold on the relevant 14
premises; 15
(c) the adoption of stated responsible practices 16
about service, supply or promotion of 17
liquor; 18
(d) the adoption of stated noise abatement 19
measures; 20
Examples-- 21
· a condition relating to the structure of the 22
premises 23
· a condition about the conduct of the business at 24
the premises 25
(e) the adoption of stated security 26
arrangements. 27
Examples-- 28
· a condition requiring a stated number of 29
security staff by reference to the number of 30
patrons in the relevant premises 31
· a condition requiring closed-circuit television 32
equipment to be used at stated places on the 33
licensed premises 34
Page 50
Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 59]
Clause 59 Amendment of s 134 (Cancellation, suspension or 1
variation of permits) 2
(1) Section 134(1)(b)-- 3
omit, insert-- 4
(b) the use of the premises in relation to which 5
the permit is held has caused, or is causing, 6
an adverse effect on the amenity of the area 7
in which the premises are located. 8
(2) Section 134-- 9
insert-- 10
(2A) The ways the commissioner may vary a permit 11
under subsection (1) include imposing a new 12
condition, amending a condition and revoking a 13
condition. 14
Clause 60 Amendment of s 136 (Grounds for disciplinary action) 15
Section 136(1)(h)-- 16
omit, insert-- 17
(h) the use of the licensed premises has caused, 18
or is causing, an adverse effect on the 19
amenity of the area in which the premises 20
are located; 21
Clause 61 Amendment of s 142AA (Application of div 5) 22
Section 142AA(3)(a)-- 23
omit, insert-- 24
(a) on Anzac Day to licensed premises if-- 25
(i) the premises are on the premises of an 26
RSL or Services Club; or 27
(ii) a commercial public event permit for 28
that day has been granted for the 29
premises under section 103(4); or 30
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Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 62]
(iii) an extended hours permit for that day 1
has been granted for the premises 2
under section 103H(2); or 3
Clause 62 Amendment of s 142AF (Purpose of div 6) 4
(1) Section 142AF(1), `148A(1)'-- 5
omit, insert-- 6
142ZX 7
(2) Section 142AF(2), `section 148A'-- 8
omit, insert-- 9
sections 142ZX to 142ZZB 10
Clause 63 Amendment of s 142AG (Conditions about crowd 11
controllers) 12
(1) Section 142AG(1)(a), `number of crowd controllers 13
prescribed under a regulation'-- 14
omit, insert-- 15
required number of crowd controllers 16
(2) Section 142AG-- 17
insert-- 18
(2) For subsection (1)(a), the required number of 19
crowd controllers for a licence is-- 20
(a) if a condition of the licence requires a stated 21
number of crowd controllers to be engaged 22
in the circumstances stated in subsection 23
(1)(a)--that number; or 24
(b) otherwise--the number of crowd controllers 25
prescribed by regulation. 26
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Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 64]
Clause 64 Amendment of s 142AH (Conditions about closed-circuit 1
television equipment) 2
(1) Section 142AH-- 3
insert-- 4
(ca) must comply with any requirements 5
prescribed by regulation about maintaining 6
the equipment; and 7
(2) Section 142AH(f)-- 8
omit, insert-- 9
(f) must store each recording made by the 10
equipment in a secure place at the premises 11
in compliance with any requirements 12
prescribed by regulation; and 13
(fa) must keep each recording available for 14
inspection and viewing by an investigator at 15
the premises until-- 16
(i) the recording is erased or destroyed 17
under paragraph (h); or 18
(ii) if the recording is earlier given to an 19
investigator--the investigator has 20
confirmed by written notice that the 21
recording is viewable; and 22
(3) Section 142AH(h), after `given to an investigator'-- 23
insert-- 24
and the investigator has confirmed by written notice 25
that the recording is viewable 26
Clause 65 Amendment of s 142AJ (Conditions about drinking 27
practices) 28
Section 142AJ(b), `rapid or excessive'-- 29
omit, insert-- 30
irresponsible 31
Page 53
Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 66]
Clause 66 Insertion of new pt 6, div 1AA 1
Part 6, before division 1-- 2
insert-- 3
Division 1AA Responsible service, 4
supply and promotion of 5
liquor and preservation of 6
amenity 7
142ZX Purposes of div 1AA 8
This division imposes obligations on licensees and 9
permittees for the purposes of-- 10
(a) maintaining a safe environment for patrons 11
and staff of the relevant premises; and 12
(b) ensuring liquor is served, supplied and 13
promoted in a way that is compatible with 14
minimising harm to anyone; and 15
(c) preserving the amenity of the area in which 16
the relevant premises are located. 17
142ZY Meaning of relevant premises 18
In this division-- 19
relevant premises means-- 20
(a) for a licensee--the licensed premises; or 21
(b) for a permittee--the premises to which the 22
permit relates. 23
142ZZ Unacceptable practices and promotions 24
(1) A licensee or permittee must not engage in, or 25
allow another person to engage in, an 26
unacceptable practice or promotion in the 27
conduct of business on the relevant premises. 28
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Safe Night Out Legislation Amendment Bill 2014
Part 7 Amendment of Liquor Act 1992
[s 66]
Maximum penalty--100 penalty units. 1
(2) For subsection (1), each of the following is an 2
unacceptable practice or promotion-- 3
(a) a practice or promotion that may encourage 4
the irresponsible consumption of liquor; 5
(b) a practice or promotion that may discourage 6
a patron from monitoring or controlling the 7
patron's consumption of liquor; 8
(c) a practice or promotion likely to have a 9
special appeal to children, for example, 10
because of the use of designs, names, motifs 11
or characters that are likely to be attractive 12
to children; 13
(d) a practice or promotion that is indecent or 14
offensive; 15
(e) a practice or promotion using emotive 16
descriptions that are likely to encourage the 17
irresponsible consumption of liquor; 18
(f) a practice or promotion that involves 19
providing free drinks, or providing drinks at 20
discounts, in a way that encourages patrons 21
to consume excessive amounts of liquor or 22
consume liquor more rapidly than they 23
would otherwise do; 24
(g) a practice or promotion prescribed by 25
regulation for this section. 26
(3) For subsection (2)(g), a regulation may prescribe 27
a practice or promotion for all licensees or 28
permittees, or for a particular class of licensees or 29
premittees. 30
(4) The commissioner may make a guideline under 31
section 42A that includes examples of practices 32
and promotions mentioned in subsection (2). 33
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Part 7 Amendment of Liquor Act 1992
[s 66]
142ZZA Responsible practices and promotions 1
(1) A licensee or permittee must, in the conduct of 2
business on the relevant premises-- 3
(a) generally, engage in practices and 4
promotions that encourage the responsible 5
consumption of liquor; and 6
Examples of practices and promotions that 7
encourage the responsible consumption of liquor-- 8
· having non-alcoholic and low alcohol 9
beverages available 10
· supplying liquor in standardised quantities that 11
can be recognised by patrons 12
· serving patrons half measures of spirits on 13
request 14
(b) engage in a practice or promotion prescribed 15
by regulation for this section. 16
Maximum penalty--100 penalty units. 17
(2) For subsection (1)(b), a regulation may prescribe 18
a practice or promotion for all licensees or 19
permittees, or for a particular class of licensees or 20
premittees. 21
(3) The commissioner may make a guideline under 22
section 42A that includes examples of practices 23
and promotions that encourage the responsible 24
consumption of liquor. 25
142ZZB Providing a safe environment and 26
preserving amenity 27
(1) A licensee or permittee must, in the conduct of 28
business on the relevant premises, provide and 29
maintain a safe environment in and around the 30
relevant premises. 31
Examples of ways of providing and maintaining a safe 32
environment-- 33
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· helping patrons to arrange transport from the 1
premises 2
· providing appropriate lighting inside and outside the 3
premises 4
Maximum penalty--100 penalty units. 5
(2) A licensee or permittee must, in the conduct of 6
business on the relevant premises, take all 7
reasonable steps to ensure the use of the premises 8
does not adversely affect the amenity of the area 9
in which the premises are located. 10
Maximum penalty--100 penalty units. 11
(3) A licensee or permittee must, in the conduct of 12
business on the relevant premises, take all 13
reasonable steps to ensure the behaviour of 14
persons entering or leaving the premises does not 15
adversely affect the amenity of the area in which 16
the premises are located. 17
Maximum penalty--100 penalty units. 18
(4) If a licensee or permittee knows or has reason to 19
believe that a relevant offence is being, or is 20
about to be, committed in or around the relevant 21
premises, the licensee or permittee must take 22
reasonable steps to stop or prevent the 23
commission of the offence. 24
Maximum penalty--100 penalty units. 25
(5) For subsection (4), an offence is a relevant 26
offence if the commission of the offence may 27
reasonably be expected to have an adverse impact 28
on-- 29
(a) the health and safety of a person in or 30
around the relevant premises; or 31
(b) the amenity of the area in which the 32
premises are located. 33
(6) A licensee or permittee must, in the conduct of 34
business on the relevant premises, engage in the 35
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positive practices prescribed by regulation for 1
this section. 2
Maximum penalty--100 penalty units. 3
(7) A licensee or permittee must not, in the conduct 4
of business on the relevant premises, engage in, 5
or allow another person to engage in, an 6
unacceptable practice prescribed by regulation 7
for this section. 8
Maximum penalty--100 penalty units. 9
(8) A regulation may prescribe a practice to be a 10
positive practice for subsection (6) or an 11
unacceptable practice for subsection (7) for the 12
purposes of-- 13
(a) providing and maintaining a safe 14
environment in and around licensed 15
premises and premises to which permits 16
relate; and 17
(b) ensuring the use of the premises does not 18
adversely affect the amenity of the areas in 19
which they are located. 20
142ZZC Advertising 21
(1) A licensee or permittee must not advertise or 22
allow anyone to advertise-- 23
(a) the availability of the following for 24
consumption on the relevant premises-- 25
(i) free liquor; 26
(ii) multiple quantities of liquor; or 27
Example-- 28
2 drinks for the price of 1 29
(b) the sale price of liquor for consumption on 30
the relevant premises; or 31
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(c) a promotion that is likely to indicate to an 1
ordinary person the availability of liquor, for 2
consumption on the relevant premises, at a 3
price less than that normally charged for the 4
liquor. 5
Examples of promotions for paragraph (c)-- 6
· `happy hours' 7
· `all you can drink' 8
· `toss the boss' 9
Maximum penalty--100 penalty units. 10
(2) A person does not contravene subsection (1) if-- 11
(a) the advertising happens only within the 12
relevant premises; and 13
(b) the advertisement is not visible or audible to 14
a person who is outside the relevant 15
premises. 16
(3) Subsection (1)(b) does not apply to the holder of 17
a subsidiary on-premises licence if the principal 18
activity of the business conducted under the 19
licence is the principal activity mentioned in 20
section 67A. 21
(4) A licensee or permittee must not advertise 22
anything that is, or would be if it were engaged 23
in, an unacceptable practice or promotion under 24
section 142Z. 25
Maximum penalty--100 penalty units. 26
(5) In this section-- 27
advertise means advertise in any way including, 28
for example, in any of the following ways-- 29
(a) by signage; 30
(b) in print; 31
(c) orally; 32
(d) electronically. 33
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142ZZD Compliance notices 1
(1) This section applies if the commissioner 2
reasonably believes a licensee or permittee-- 3
(a) is engaging in an unacceptable practice or 4
promotion in contravention of section 5
142ZZ; or 6
(b) has engaged in an unacceptable practice or 7
promotion in contravention of section 8
142ZZ in circumstances that make it likely 9
the contravention will continue or be 10
repeated; or 11
(c) is advertising a matter in contravention of 12
section 142ZZC; or 13
(d) has advertised a matter in contravention of 14
section 142ZZC in circumstances that make 15
it likely the contravention will continue or 16
be repeated. 17
(2) This section also applies if the commissioner-- 18
(a) reasonably believes a licensee or 19
permittee-- 20
(i) is engaging in a practice or promotion 21
in the conduct of business on the 22
relevant premises; or 23
(ii) has engaged in a practice or promotion 24
in the conduct of business on the 25
relevant premises in circumstances that 26
make it likely the practice or promotion 27
will continue or be repeated; or 28
(iii) is advertising a matter relating to the 29
business conducted on the relevant 30
premises; or 31
(iv) has advertised a matter relating to the 32
business conducted on the relevant 33
premises in circumstances that make it 34
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likely the advertisement will continue 1
or be repeated; and 2
(b) considers that, having regard to the purposes 3
of this Act, the practice, promotion or 4
advertisement is contrary to the public 5
interest. 6
(3) The commissioner may give to the licensee or 7
permittee a notice (a compliance notice) stating 8
the following-- 9
(a) that the commissioner-- 10
(i) holds the belief mentioned in 11
subsection (1); or 12
(ii) holds the belief mentioned in 13
subsection (2)(a) and considers the 14
practice, promotion or advertisement is 15
contrary to the public interest; 16
(b) a description of the practice, promotion or 17
advertisement; 18
(c) briefly-- 19
(i) for subsection (1), how it is believed 20
section 142ZZ or 142ZZC is being 21
contravened or has been contravened; 22
or 23
(ii) for subsection (2), why the 24
commissioner considers the practice, 25
promotion or advertisement is contrary 26
to the public interest; 27
(d) whichever of the following that is relevant-- 28
(i) that the licensee or permittee must not 29
engage, or continue to engage, in the 30
practice or promotion; 31
(ii) that the licensee or permittee must not 32
continue or repeat the advertisement; 33
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(iii) that the licensee or permittee must take 1
particular action to remedy the 2
contravention, or avoid further 3
contravention, of section 142ZZ or 4
142ZZC; 5
Example for subparagraph (iii)-- 6
A licensee may be required to ensure stated 7
harm minimisation measures are in place 8
whenever a licensee engages in a particular 9
practice. 10
(e) that it is an offence to fail to comply with 11
the compliance notice unless the licensee or 12
permittee has a reasonable excuse. 13
(4) The licensee or permittee must comply with the 14
compliance notice unless the licensee or 15
permittee has a reasonable excuse. 16
Maximum penalty--100 penalty units. 17
(5) The compliance notice may state other matters 18
the commissioner considers appropriate. 19
Example-- 20
The compliance notice may refer to the commissioner's 21
powers under this Act to take disciplinary action relating 22
to the licence or permit. 23
(6) To remove any doubt, it is declared that, except to 24
the extent the compliance notice states otherwise, 25
it continues to have effect until it is revoked. 26
(7) While a compliance notice remains in force, the 27
commissioner must review it at 1 yearly intervals 28
to ensure it remains appropriate. 29
(8) A person given a compliance notice may, at any 30
time while the notice is in force, apply to the 31
commissioner to revoke the notice or make a 32
stated amendment of the notice. 33
(9) The commissioner may make a guideline under 34
section 42A about practices, promotions or 35
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advertisements that may be considered to be 1
contrary to the public interest for subsection (2). 2
Clause 67 Omission of ss 148A and 148B 3
Sections 148A and 148B-- 4
omit. 5
Clause 68 Insertion of new s 148AA 6
After section 148-- 7
insert-- 8
148AA Licences subject to conditions about 9
closed-circuit television equipment 10
(1) This section applies in relation to a licence that is 11
subject to a CCTV condition, other than a licence 12
to which section 142AH applies. 13
(2) The licensee must comply with the requirements 14
stated in section 142AH(a) to (h). 15
Maximum penalty--100 penalty units. 16
(3) The requirements mentioned in subsection (2) 17
apply to the licensee as if the requirement under 18
section 142AH(a) were the requirement to have 19
closed-circuit television equipment that is stated 20
in the licensee's CCTV condition. 21
(4) In this section-- 22
CCTV condition means a licence condition 23
requiring the licensee to have closed-circuit 24
television equipment at 1 or more entrances or 25
exits of the licensed premises, or somewhere else 26
on the licensed premises. 27
Clause 69 Amendment of s 153 (Letting or subletting of licensed 28
premises) 29
Section 153(2), `the sale of'-- 30
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omit, insert-- 1
a person other than the licensee to sell 2
Clause 70 Amendment of s 155 (Minors on premises) 3
Section 155(5)(b)-- 4
omit, insert-- 5
(b) the licence for the premises is a nightclub 6
licence. 7
Clause 71 Insertion of new s 162A 8
After section 162-- 9
insert-- 10
162A Taking liquor onto or away from premises 11
subject to nightclub licence 12
(1) A person must not take liquor onto premises to 13
which a nightclub licence relates for 14
consumption on the premises. 15
Maximum penalty--25 penalty units. 16
(2) A person must not take liquor from premises to 17
which a nightclub licence relates. 18
Maximum penalty--25 penalty units. 19
Clause 72 Amendment of s 165 (Removal of persons from premises) 20
Section 165(2) and (4), `25 penalty units'-- 21
omit, insert-- 22
50 penalty units 23
Clause 73 Amendment of s 165A (Refusing entry to premises) 24
Section 165A(2) and (4), `25 penalty units'-- 25
omit, insert-- 26
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50 penalty units 1
Clause 74 Insertion of new pt 6AA 2
After part 6-- 3
insert-- 4
Part 6AA ID scanning 5
Division 1 Preliminary 6
173EE Definitions for pt 6AA 7
In this division-- 8
approved evaluator means an entity prescribed 9
by regulation as an approved evaluator for this 10
part. 11
approved ID scanner means an ID scanner for 12
which an approval is in force under section 13
173EN. 14
approved ID scanning system means an ID 15
scanning system for which an approval is in force 16
under section 173EO. 17
approved operator means a person holding an 18
approval under section 173EQ to operate an 19
approved ID scanning system. 20
banning order, for regulated premises, means 21
any of the following under which a person is 22
required not to be at the regulated premises or in 23
an area in which the regulated premises are 24
located-- 25
(a) a direction under the Police Powers and 26
Responsibilities Act 2000, section 48; 27
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(b) a police banning notice under the Police 1
Powers and Responsibilities Act 2000, 2
section 602B; 3
(c) a special condition of the person's release on 4
bail imposed under the Bail Act 1980, 5
section 11(3); 6
(d) a banning order under the Penalties and 7
Sentences Act 1992, part 3B. 8
exempt class means a class of licence prescribed 9
by regulation as an exempt class for this part. 10
ID scanner means a device capable of optically 11
scanning a photo ID and processing the 12
information contained in or on it. 13
ID scanning system means an integrated 14
database system comprising-- 15
(a) the following information-- 16
(i) information about persons scanned and 17
recorded by ID scanners linked to the 18
system; 19
(ii) information about persons subject to 20
banning orders or licensee bans entered 21
into the system under section 173EJ; 22
and 23
(b) the equipment used to scan, record, 24
transmit, store or otherwise deal with 25
information mentioned in paragraph (a). 26
licensee, for division 4, includes an applicant for 27
a licence. 28
licensee ban means a decision of a licensee to 29
ban a particular person from entering the 30
licensee's licensed premises. 31
operating, in relation to an ID scanning system, 32
does not include operating an ID scanner linked 33
to the system under section 173EH(1). 34
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photo ID, for a person, means a document that is 1
acceptable evidence of the person's age under 2
section 6. 3
regulated premises means premises to which 4
division 2 applies under section 173EF. 5
Division 2 Use of ID scanners in 6
particular licensed 7
premises 8
173EF Licensed premises to which this division 9
applies 10
(1) This division applies to licensed premises if-- 11
(a) the premises are located in a safe night 12
precinct; and 13
(b) the licensee is authorised under this Act to 14
sell or supply liquor on the premises during 15
all or any part of the period between 16
midnight and 5a.m.; and 17
(c) the licence for the premises is not of an 18
exempt class. 19
(2) Also, this division applies to licensed premises if 20
the licence for the premises is subject to a 21
condition declaring the premises to be regulated 22
premises for this division. 23
173EG Licence conditions about regulated 24
premises 25
(1) The conditions that may be imposed on a licence 26
under part 5 include a condition declaring the 27
licensed premises to be regulated premises for 28
this division. 29
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(2) Subsection (1) applies to a licence even if it is of 1
an exempt class. 2
(3) The police commissioner may make a 3
recommendation to the commissioner about 4
imposing a condition on a particular licence 5
declaring the licensed premises to be regulated 6
premises. 7
(4) The commissioner must have regard to a 8
recommendation under subsection (3). 9
(5) A licence condition for regulated premises may 10
state a period to be the premises' regulated hours 11
for section 173EH. 12
173EH Scanning obligations of licensees for 13
regulated premises 14
(1) The licensee for regulated premises must ensure 15
that, during the regulated hours for the premises, 16
no person is allowed to enter the premises as a 17
patron unless-- 18
(a) the person produces a photo ID; and 19
(b) a staff member of the licensed premises 20
scans the photo ID using an approved ID 21
scanner linked to an approved ID scanning 22
system; and 23
(c) the scan of the photo ID indicates the person 24
is not subject to a banning order for the 25
premises. 26
Maximum penalty--10 penalty units. 27
(2) A reference in subsection (1)(b) to scanning a 28
photo ID is a reference to operating the approved 29
ID scanner in a way that-- 30
(a) records the photo and other information 31
contained in or on the photo ID; and 32
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(b) indicates to the staff member whether or not 1
the person is subject to a banning order 2
recorded in the approved scanning system to 3
which the approved ID scanner is linked. 4
(3) If, during the regulated hours for the premises, 5
the licensee can not comply with subsection (1) 6
because of a system failure, the licensee must-- 7
(a) comply with subsection (1) as if a reference 8
to scanning a photo ID using an approved 9
ID scanner were a reference to manually 10
checking the photo ID against a list of 11
persons subject to banning orders; and 12
(b) comply with any other requirements 13
prescribed by regulation; and 14
(c) give written notice of the system failure to 15
the commissioner and the police 16
commissioner within 48 hours after first 17
allowing entry to a patron during the system 18
failure; and 19
(d) make reasonable efforts to rectify, as soon as 20
possible, any part of the system failure that 21
is a fault of, or damage to, the approved ID 22
scanner. 23
Maximum penalty--10 penalty units. 24
(4) In this section-- 25
regulated hours, for regulated premises, 26
means-- 27
(a) if a condition of the licence for the premises 28
states a period that is the premises' 29
regulated hours for this section--that 30
period; or 31
(b) otherwise--the period during which the 32
licensed premises are open for business 33
between 8p.m. on a day and 5a.m. on the 34
following day. 35
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staff member, of licensed premises, includes the 1
licensee and a person engaged by the licensee to 2
perform a function for this section. 3
system failure means-- 4
(a) a fault of, or damage to, the approved ID 5
scanner ordinarily used at the licensed 6
premises; or 7
(b) a failure, discontinuation or ending of the 8
approval of the approved scanning system to 9
which the approved ID scanner is linked. 10
173EI Privacy 11
(1) It is a condition of a licence for regulated 12
premises that the licensee must-- 13
(a) if the licensee is not an organisation under 14
the Privacy Act 1988 (Cwlth)--ensure the 15
licensee is treated as an organisation for that 16
Act; and 17
(b) comply with that Act in relation to the 18
protection of personal information recorded 19
by an ID scanner operated in the regulated 20
premises. 21
(2) If licensed premises stop being regulated 22
premises, or a licence for regulated premises ends 23
under this Act, the licensee or person who was 24
the licensee must not keep or disclose any 25
personal information recorded by an ID scanner 26
operated in the premises. 27
Maximum penalty--25 penalty units. 28
(3) Subsection (2) does not apply to a disclosure of 29
information required or permitted by law. 30
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Division 3 Operation of approved ID 1
scanning systems 2
173EJ Obligations about operation 3
(1) An approved operator for an approved ID 4
scanning system (the system) must ensure the 5
system does not record any personal information 6
about a person other than the following-- 7
(a) the person's name, address and date of birth; 8
(b) a photo of the person; 9
(c) details of a banning order in force for the 10
person; 11
(d) details of a licensee ban imposed on the 12
person by a linked licensee that the licensee 13
has asked the approved operator to include 14
in the system. 15
(2) The approved operator must ensure personal 16
information is not held in the system for more 17
than 30 days after it is entered into the system. 18
(3) Subsection (2) does not apply to information 19
about a person subject to a banning order or 20
licensee ban that the approved operator is, under 21
subsections (4) to (6), required to include in the 22
system. 23
(4) The approved operator must immediately comply 24
with a requirement of the commissioner or the 25
police commissioner to-- 26
(a) include stated information about a banning 27
order in the system; or 28
(b) remove stated information about a banning 29
order from the system; or 30
(c) make a stated change to correct information 31
in the system about a banning order. 32
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(5) The approved operator must immediately comply 1
with a request of a linked licensee, relating to a 2
licensee ban imposed by the licensee, to-- 3
(a) include stated information about the 4
licensee ban in the system; or 5
(b) remove stated information about the 6
licensee ban from the system; or 7
(c) make a stated change to correct information 8
in the system about the licensee ban. 9
(6) The approved operator must immediately 10
include, remove or change information in the 11
system-- 12
(a) if required by a court order; or 13
(b) if asked by a person bound by a court order 14
that requires the inclusion, removal or 15
change to be made. 16
(7) In this section-- 17
linked licensee, for an approved operator, means 18
a licensee who uses, in the licensed premises, an 19
approved ID scanner linked to the approved ID 20
scanning system. 21
173EK Change of executive officers 22
(1) This section applies to an approved operator that 23
is a corporation. 24
(2) Immediately after there is a change to the 25
approved operator's executive officers, the 26
approved operator must give the commissioner a 27
written notice of the change. 28
(3) The notice must-- 29
(a) be in the approved form; and 30
(b) if the change includes the addition of an 31
executive officer-- 32
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(i) be accompanied by the fee prescribed 1
by regulation; and 2
(ii) include a consent to a criminal history 3
check of the new executive officer. 4
173EL Operation of scanning system without 5
approval 6
(1) This section applies to an approved scanning 7
system to which an approved ID scanner in 8
regulated premises is linked. 9
(2) A person must not operate the system unless the 10
person is an approved operator or an officer, 11
employee or agent of an approved operator. 12
Maximum penalty--25 penalty units. 13
173EM Privacy 14
(1) An approved operator must-- 15
(a) if the approved operator is not an 16
organisation under the Privacy Act 1988 17
(Cwlth)--ensure the approved operator is 18
treated as an organisation for that Act; and 19
(b) comply with that Act in relation to the 20
protection of personal information held in 21
the approved ID scanning system. 22
(2) An approved operator must not allow an ID 23
scanner to be linked, or continue to be linked, to 24
the approved ID scanning system if the approved 25
operator knows the ID scanner is used other than 26
in regulated premises. 27
Maximum penalty--25 penalty units. 28
(3) After ceasing to be an approved operator, a 29
person must not keep or disclose any personal 30
information that was held in the approved ID 31
scanning system. 32
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Maximum penalty--25 penalty units. 1
(4) Subsection (3) does not apply to a disclosure of 2
information required or permitted by law. 3
Division 4 Approvals 4
173EN Approval of ID scanners and modifications 5
(1) A person may apply to the commissioner for 6
approval of-- 7
(a) an ID scanner; or 8
(b) a modification of an ID scanner. 9
(2) The application must be-- 10
(a) in the approved form; and 11
(b) accompanied by the fee prescribed by 12
regulation. 13
(3) The applicant must provide any relevant 14
information reasonably required by the 15
commissioner to decide the application. 16
(4) If the commissioner considers it is necessary for 17
the ID scanner, or the ID scanner as modified, to 18
be evaluated, the commissioner may-- 19
(a) carry out the evaluation; or 20
(b) direct the applicant to have the ID scanner 21
evaluated by an approved evaluator and give 22
the commissioner a report of the evaluation. 23
(5) If the commissioner carries out the evaluation, 24
the commissioner may charge the applicant the 25
fee prescribed by regulation for the evaluation. 26
(6) If the applicant does not pay an amount charged 27
under subsection (5)-- 28
(a) the commissioner may refuse the 29
application; and 30
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(b) the unpaid amount is recoverable as a debt. 1
(7) The commissioner may grant the application if 2
the commissioner is satisfied the ID scanner, or 3
the ID scanner as modified, meets the 4
requirements decided by the commissioner and 5
published on a website of the department. 6
(8) An approval may be granted on conditions. 7
(9) If the commissioner decides to refuse the 8
application, the commissioner must give the 9
applicant an information notice for the decision. 10
173EO Approval of ID scanning systems and 11
modifications 12
(1) A person may apply to the commissioner for 13
approval of-- 14
(a) an ID scanning system; or 15
(b) a modification of an ID scanning system. 16
(2) The application must be-- 17
(a) in the approved form; and 18
(b) accompanied by the fee prescribed by 19
regulation. 20
(3) The applicant must provide any relevant 21
information reasonably required by the 22
commissioner to decide the application. 23
(4) If the commissioner considers it is necessary for 24
the ID scanning system, or the system as 25
modified, to be evaluated, the commissioner 26
may-- 27
(a) carry out the evaluation; or 28
(b) direct the applicant to have the system 29
evaluated by an approved evaluator and give 30
the commissioner a report of the evaluation. 31
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(5) If the commissioner carries out the evaluation, 1
the commissioner may charge the applicant the 2
fee prescribed by regulation for the evaluation. 3
(6) If the applicant does not pay an amount charged 4
under subsection (5)-- 5
(a) the commissioner may refuse the 6
application; and 7
(b) the unpaid amount is recoverable as a debt. 8
(7) The commissioner may grant the application if 9
the commissioner is satisfied the ID scanning 10
system meets the requirements decided by the 11
commissioner and published on a website of the 12
department. 13
(8) An approval may be granted on conditions. 14
(9) If the commissioner decides to refuse the 15
application, the commissioner must give the 16
applicant an information notice for the decision. 17
173EP Suspension or revocation of approvals 18
relating to ID scanners or ID scanning systems 19
(1) The commissioner may suspend or revoke an 20
approval given under section 173EN or 173EO if 21
the commissioner is satisfied-- 22
(a) for an approval under section 173EN--the 23
ID scanner, or the ID scanner as modified, 24
no longer meets the requirements under 25
section 173EN(7); or 26
(b) for an approval under section 173EO--the 27
ID scanning system, or the ID scanning 28
system as modified, no longer meets the 29
requirements under section 173EO(7). 30
(2) The commissioner must first give a notice (a 31
show cause notice) to the person to whom the 32
approval was given stating-- 33
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(a) that the commissioner proposes to suspend 1
or revoke the approval; and 2
(b) for a proposed suspension--the proposed 3
period of the suspension; and 4
(c) the reasons for the proposed suspension or 5
revocation; and 6
(d) that the person may, within a stated time of 7
at least 30 days, give the commissioner a 8
written response stating why the person 9
considers the approval should not be 10
suspended or revoked. 11
(3) After considering any response from the person 12
within the time stated in the show cause notice, 13
the commissioner may suspend or revoke the 14
approval. 15
(4) The commissioner must give the person an 16
information notice for the decision to suspend or 17
revoke the approval. 18
(5) The suspension or revocation takes effect on the 19
day stated in the information notice, at least 14 20
days after the notice is given. 21
(6) The commissioner must notify all licensees for 22
regulated premises of the suspension or 23
revocation and, in the case of a suspension, when 24
the suspension ends. 25
(7) If the commissioner decides not to suspend or 26
revoke the approval, the commissioner must give 27
the person notice of the decision. 28
173EQ Approval of persons to operate ID scanning 29
systems 30
(1) A person may apply to the commissioner for 31
approval to operate an approved ID scanning 32
system. 33
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(2) The application must-- 1
(a) be in the approved form; and 2
(b) include a consent to a criminal history check 3
of the applicant or, if the applicant is a 4
corporation, each executive officer of the 5
applicant; and 6
(c) be accompanied by the fee prescribed by 7
regulation. 8
(3) The applicant must provide any relevant 9
information reasonably required by the 10
commissioner to decide the application. 11
(4) The commissioner may grant the application if 12
the commissioner is satisfied-- 13
(a) the applicant-- 14
(i) is not a licensee or an associate of a 15
licensee; and 16
(ii) is a suitable person to operate an 17
approved ID scanning system; and 18
(b) for an applicant that is a corporation, each 19
executive officer of the applicant-- 20
(i) is not a licensee or an associate of a 21
licensee; and 22
(ii) is a suitable person to operate an 23
approved ID scanning system. 24
(5) Without limiting the matters to which the 25
commissioner may have regard in deciding 26
whether an individual is a suitable person to 27
operate an approved ID scanning system, the 28
commissioner may obtain a report from the 29
police commissioner about the individual's 30
criminal history. 31
(6) An approval may be granted on conditions. 32
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(7) If the commissioner decides to refuse the 1
application, the commissioner must give the 2
applicant an information notice for the decision. 3
(8) The commissioner may refuse an application, or 4
refuse to accept an application under subsection 5
(1), if the commissioner is satisfied the 6
participation of any more approved operators in 7
the scheme conducted under this part would 8
adversely affect the proper administration of this 9
part. 10
(9) If the commissioner refuses an application under 11
subsection (8), the commissioner must refund to 12
the applicant any fees paid by the applicant under 13
this section. 14
(10) In this section-- 15
associate, of a licensee, means a person who the 16
commissioner reasonably believes is associated 17
with the ownership or management of, or has a 18
financial interest in, the business carried on under 19
the licence. 20
173ER Revocation of approval to operate an ID 21
scanning system 22
(1) The commissioner may revoke an approval to 23
operate an ID scanning system if-- 24
(a) the commissioner is satisfied the approved 25
operator has contravened a provision of 26
division 3 or a condition of the approval; or 27
(b) the commissioner is no longer satisfied 28
about the matters stated in section 29
173EQ(4). 30
(2) For deciding about a matter stated in section 31
173EQ(4), the commissioner may obtain a report 32
from the police commissioner about the criminal 33
history of the approved operator or, for an 34
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approved operator that is a corporation, an 1
executive officer of the approved operator. 2
(3) Before revoking an approval, the commissioner 3
must give the approved operator a notice (a show 4
cause notice) stating-- 5
(a) that the commissioner proposes to revoke 6
the approval; and 7
(b) the reasons for the proposed revocation; and 8
(c) that the approved operator may, within a 9
stated time of at least 30 days, give the 10
commissioner a written response stating 11
why the approved operator considers the 12
approval should not be revoked. 13
(3) After considering any response from the 14
approved operator within the time stated in the 15
show cause notice, the commissioner may revoke 16
the approval. 17
(4) The commissioner must give the approved 18
operator an information notice for the decision to 19
revoke the approval. 20
(5) The revocation takes effect on the day stated in 21
the information notice, at least 14 days after the 22
notice is given. 23
(6) If the commissioner decides not to revoke the 24
approval, the commissioner must give the 25
approved operator notice of the decision. 26
Clause 75 Insertion of new pt 6AB 27
After section 173N-- 28
insert-- 29
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Part 6AB Safe night precincts 1
Division 1 Preliminary 2
173NA Purposes of pt 6AB 3
(1) The purposes of this part are to, in an area-- 4
(a) minimise harm, and the potential for harm, 5
from the abuse and misuse of alcohol and 6
drugs, and associated violence; and 7
(b) minimise alcohol and drug-related 8
disturbances, or public disorder. 9
(2) To achieve its purposes, this part provides for-- 10
(a) areas to be prescribed as safe night 11
precincts; and 12
(b) local boards and consultative committees to 13
be established for safe night precincts to 14
enable licensees, the State and local 15
governments, the police service and 16
community organisations to collaborate to 17
achieve the purposes. 18
173NB Meaning of relevant licensee 19
(1) A licensee is a relevant licensee for a safe night 20
precinct if-- 21
(a) the licensed premises of the licensee are 22
located in the precinct; and 23
(b) the licensee is not an exempt licensee. 24
(2) An exempt licensee is a licensee of licensed 25
premises located in a safe night precinct who is a 26
member of an exempt class of licensees 27
prescribed by regulation. 28
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Division 2 Safe night precincts and 1
local boards 2
173NC Safe night precincts and local boards 3
(1) A regulation may prescribe an area (a safe night 4
precinct) that has a concentration of licensed 5
premises to be a safe night precinct. 6
(2) Also, a regulation may prescribe an incorporated 7
association (the local board) to be the local board 8
for a safe night precinct. 9
(3) There may be 1 local board, or no local board, for 10
each safe night precinct. 11
(4) In recommending that the Governor in Council 12
make the regulation, the Minister must be 13
satisfied-- 14
(a) the regulation is necessary to achieve the 15
purposes of this part; and 16
(b) for prescribing an incorporated association 17
to be the local board for a safe night 18
precinct--the association has 1 or more 19
members who are relevant licensees. 20
173ND Commissioner must give notice of local 21
board 22
(1) This section applies if, immediately after a 23
regulation prescribing a local board for a safe 24
night precinct is made, a licensee is a relevant 25
licensee for the precinct. 26
(2) Within 14 days after the regulation is made, the 27
commissioner must give the relevant licensee a 28
written notice about the local board. 29
(3) The notice must state that the relevant licensee is 30
required to become a member of the local board 31
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and to maintain the membership while the 1
licensee continues to be a relevant licensee. 2
Division 3 Provisions that apply when 3
a safe night precinct has a 4
local board 5
173NE Application of div 3 6
This division applies if there is a local board for a 7
safe night precinct. 8
173NF Relevant licensee must be member of local 9
board 10
(1) A relevant licensee must be a member of the local 11
board while the licensee continues to be a 12
relevant licensee. 13
Maximum penalty-- 14
(a) for a licensee who holds an extended hours 15
approval that authorises the sale of liquor 16
after 1a.m. on a regular basis--100 penalty 17
units; or 18
(b) otherwise--25 penalty units. 19
(2) However, subsection (1) does not apply to a 20
relevant licensee-- 21
(a) for a licensee mentioned in section 22
173ND(1)-- 23
(i) until 28 days after the commissioner 24
gave the licensee a notice under section 25
173ND(2); or 26
(ii) if the commissioner has not given the 27
licensee a notice under section 28
173ND(2); or 29
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(b) for a licensee other than a licensee 1
mentioned in section 173ND(1)--until 28 2
days after the licensee became a relevant 3
licensee; or 4
(c) if the licensee has applied, in a way that 5
complies with the local board's rules, for 6
membership of the local board and the 7
application has not been decided; or 8
(d) if the licensee made all reasonable efforts to 9
become a member of the local board and 10
was refused membership; or 11
(e) if the licensee, who was a member of the 12
local board, made all reasonable efforts to 13
continue to be a member and the licensee's 14
membership was terminated. 15
173NG Commissioner may require exempt 16
licensee to become member of local board 17
(1) This section applies if the commissioner is 18
satisfied an exempt licensee of licensed premises 19
located in a safe night precinct should be a 20
member of the local board because-- 21
(a) it is in the public interest; or 22
(b) it is necessary to ensure the safety of the 23
community in, or the amenity of, the 24
precinct. 25
(2) The commissioner may, by written notice, 26
require the exempt licensee to be a member of the 27
local board. 28
(3) The exempt licensee must be a member of the 29
local board. 30
Maximum penalty--25 penalty units. 31
(4) However, subsection (3) does not apply to an 32
exempt licensee-- 33
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(a) until 28 days after the commissioner gave 1
the licensee the notice under subsection (2); 2
or 3
(b) if the licensee has applied, in a way that 4
complies with the local board's rules, for 5
membership of the local board and the 6
application has not been decided; or 7
(c) if the licensee made all reasonable efforts to 8
become a member of the local board and 9
was refused membership; or 10
(d) if the licensee, who was a member of the 11
local board, made all reasonable efforts to 12
continue to be a member and the licensee's 13
membership was terminated; or 14
(e) if the commissioner has given the licensee a 15
written notice stating that the licensee is no 16
longer required to be a member of the local 17
board. 18
173NH Public safety consultative committees 19
(1) The commissioner may establish a public safety 20
consultative committee (a consultative 21
committee) for a safe night precinct to advise and 22
assist the local board. 23
(2) A consultative committee for a safe night 24
precinct has the membership decided by the 25
commissioner and may include, for example, any 26
1 or more of the following-- 27
(a) a police officer or other employee of the 28
police service nominated by the police 29
commissioner; 30
(b) an employee of the department nominated 31
by the chief executive; 32
(c) an employee of the department that 33
administers the Transport Operations 34
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(Passenger Transport) Act 1994 nominated 1
by the chief executive of that department; 2
(d) an employee of the local government of the 3
local government area in which the precinct 4
is located nominated by the chief executive 5
officer of that local government; 6
(e) a representative of a community 7
organisation that provides relevant services 8
in the precinct. 9
(3) The commissioner, or a member of a consultative 10
committee for a safe night precinct, must give the 11
local board written notice of the membership of 12
the committee as soon as practicable after either 13
of the following happens-- 14
(a) the committee is established; 15
(b) there is a change in the membership of the 16
committee. 17
(4) The members of a consultative committee for a 18
safe night precinct need not meet other than when 19
attending a meeting of the local board or its 20
management committee. 21
Division 4 Rules of local boards 22
173NI Inconsistent rules of local boards of no 23
effect 24
The rules of the local board for a safe night 25
precinct are of no effect to the extent the rules are 26
inconsistent with this division. 27
173NJ Objectives of local boards 28
The objectives of the local board for a safe night 29
precinct must include the following-- 30
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(a) to promote the responsible service and 1
consumption of alcohol and minimise the 2
risk of alcohol and drug-related harm and 3
associated violence in the precinct, 4
including, for example, by-- 5
(i) developing and implementing local 6
initiatives; or 7
(ii) making recommendations to the 8
commissioner about relevant action the 9
commissioner may take under this Act; 10
and 11
(b) to raise funds to deliver relevant initiatives 12
in the precinct; and 13
(c) to plan for, and manage, the precinct in a 14
way that addresses the safety of the 15
community and the precinct's amenity; and 16
(d) to liaise with, and support, community 17
organisations providing rest and recovery 18
services in the precinct to people who have 19
consumed alcohol or used drugs. 20
173NK Rules must limit membership of local board 21
The rules of the local board for a safe night 22
precinct must limit eligibility for membership of 23
the local board to only the following entities-- 24
(a) a licensee of licensed premises located in 25
the precinct; 26
(b) the owner or operator of other businesses 27
located in the precinct; 28
(c) an association that represents the interests of 29
businesses located in the precinct including, 30
for example, the local chamber of 31
commerce; 32
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(d) a community organisation that provides 1
relevant services in the precinct; 2
(e) another class of person prescribed by 3
regulation. 4
173NL Relevant licensee must be admitted as 5
member of local board 6
(1) This section applies if a relevant licensee for a 7
safe night precinct gives the local board for the 8
precinct a written application for membership of 9
the local board. 10
(2) The local board's management committee must 11
admit the relevant licensee (a licensee member) 12
as a member of the local board. 13
(3) However, the local board's management 14
committee may reject a relevant licensee's 15
application for membership if-- 16
(a) the relevant licensee was previously a 17
member of the local board; and 18
(b) the licensee's previous membership was 19
terminated by the management committee. 20
(4) Before deciding to reject a membership 21
application under subsection (3), the 22
management committee must consider-- 23
(a) the grounds on which the relevant licensee's 24
previous membership was terminated; and 25
(b) any undertakings made by the licensee in 26
relation to the application. 27
(5) In this section, a reference to a relevant licensee 28
for a safe night precinct includes an exempt 29
licensee for the precinct given a notice under 30
section 173NG(2) requiring the licensee to be a 31
member of the board. 32
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173NM No limit to other rules about membership 1
Sections 173NK and 173NL do not prevent the 2
rules of the local board for a safe night precinct 3
providing for-- 4
(a) the requirements for applying for 5
membership, including, for example, the 6
payment of an application fee; or 7
(b) membership fees. 8
173NN Local board must advise commissioner 9
about licensee members 10
At least once each quarter, or on the written 11
request of the commissioner, the secretary of the 12
local board for a safe night precinct must give the 13
commissioner a list of the names of the 14
following-- 15
(a) the licensee members of the board; 16
(b) the applicants for membership of the board 17
who, if admitted as members, would be 18
licensee members of the board. 19
173NO Termination of licensee member's 20
membership 21
(1) The membership of a licensee member of the 22
local board for a safe night precinct may be 23
terminated only under this section. 24
(2) A local board's management committee may 25
terminate the membership of a licensee member 26
if the member-- 27
(a) is convicted of an indictable offence; or 28
(b) has membership fees in arrears for at least 2 29
months; or 30
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(c) acts in a way that is contrary to the interests 1
of the board. 2
(3) Before the management committee terminates a 3
licensee member's membership, the committee 4
must-- 5
(a) give the member a written notice inviting 6
the member to show, within a stated 7
reasonable period, why the membership 8
should not be terminated; and 9
(b) consider any representations made by the 10
member. 11
(4) If the management committee decides to 12
terminate the membership of a licensee member, 13
the secretary of the committee must give the 14
member written notice of the decision. 15
(5) This section does not prevent the rules of the 16
local board for a safe night precinct providing 17
for-- 18
(a) a licensee member to resign from the local 19
board; or 20
(b) a licensee member whose membership is 21
terminated under subsection (2) to appeal to 22
the local board against the management 23
committee's termination decision; or 24
(c) a general meeting of the local board to 25
decide an appeal mentioned in paragraph 26
(b). 27
173NP Local board must invite consultative 28
committee to meetings 29
(1) The management committee of a local board for 30
a safe night precinct must, by written notice (a 31
meeting invitation), invite the members of the 32
consultative committee for the precinct to attend 33
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each meeting of the local board or management 1
committee. 2
(2) A meeting invitation must be given at least 12 3
days before the date of the meeting it relates to. 4
(3) A member of a consultative committee attends a 5
meeting of the local board or management 6
committee for the purpose of providing 7
assistance or advice relating to-- 8
(a) the objectives of the local board mentioned 9
in section 173NJ; or 10
(b) other matters related to the purposes of this 11
part. 12
(4) Each member of a consultative committee 13
present at a meeting of the local board or 14
management committee may act independently 15
of the other members of the committee present at 16
the meeting. 17
173NQ Prescribed rules 18
(1) A regulation may prescribe rules for a local board 19
for a safe night precinct. 20
(2) In recommending that the Governor in Council 21
make the regulation, the Minister must be 22
satisfied the rules are necessary to achieve the 23
purposes of this part. 24
(3) The rules of a local board for a safe night 25
precinct-- 26
(a) are taken to include the prescribed rules; and 27
(b) are of no effect to the extent they are 28
inconsistent with the prescribed rules. 29
Clause 76 Omission of pts 6B and 6C 30
Parts 6B and 6C-- 31
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Part 7 Amendment of Liquor Act 1992
[s 77]
omit. 1
Clause 77 Amendment of s 174 (Investigators) 2
Section 174(5)-- 3
omit. 4
Clause 78 Insertion of new s 174AA 5
After section 174-- 6
insert-- 7
174AA Production or display of identity card 8
(1) In exercising a power in relation to a person in 9
the person's presence, an investigator must-- 10
(a) produce the investigator's identity card for 11
the person's inspection before exercising the 12
power; or 13
(b) have the identity card displayed so it is 14
clearly visible to the person when exercising 15
the power. 16
(2) However, if it is not practicable to comply with 17
subsection (1), the investigator must produce the 18
identity card for the person's inspection at the 19
first reasonable opportunity. 20
(3) For subsection (1), an investigator does not 21
exercise a power in relation to a person only 22
because the inspector has entered a place as 23
mentioned in section 176(2)(c) or (d)(i). 24
(4) Also, subsections (1) and (2) do not apply to an 25
investigator who, after entering a place as 26
mentioned in section 176(2)(c) or (d)(i), 27
exercises a power under section 178(1)(b), (d) or 28
(e) at the place. 29
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Example for subsection (4)-- 1
An investigator may enter licensed premises while 2
the premises are open for the conduct of business and 3
covertly film a thing in the place. 4
Clause 79 Amendment of s 178 (General powers of investigator in 5
relation to places) 6
Section 178(1)(b), after `examine,'-- 7
insert-- 8
record, 9
Clause 80 Amendment of s 235 (Regulation-making power) 10
Section 235-- 11
insert-- 12
(4) If a provision of this Act empowers a regulation 13
to prescribe, for a particular purpose, a class of 14
licence, licensee, licensed premises, permit, 15
permittee or premises to which a permit relates, 16
the regulation may prescribe a class by reference 17
to any of the following-- 18
(a) a particular type of licence or permit; 19
(b) the times at which liquor may be sold on 20
premises under this Act; 21
(c) the principal activity of a business 22
conducted on licensed premises; 23
(d) another appropriate matter. 24
Clause 81 Insertion of new pt 12, div 16 25
Part 12-- 26
insert-- 27
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Division 16 Transitional provisions for 1
Safe Night Out Legislation 2
Amendment Act 2014 3
319 Definitions for div 16 4
In this division-- 5
amending Act means the Safe Night Out 6
Legislation Amendment Act 2014. 7
commencement means the commencement of the 8
provision in which the term is used. 9
320 Lapse of particular applications for extended 10
trading hours approvals 11
(1) This section applies to an extended trading hours 12
application to which section 91 applied 13
immediately before the repeal of that section by 14
the amending Act. 15
(2) On the repeal of section 91, the application 16
lapses. 17
(3) The commissioner must refund to the applicant 18
any fees paid to the chief executive by the 19
applicant under this Act for the application. 20
(4) The State is not liable to pay compensation, and 21
does not incur any other liability, for the lapsing 22
of the application under subsection (2). 23
(5) Subsection (2) does not affect the making of 24
another application under part 4, division 7. 25
321 Continuing application of repealed s 94 26
Despite its repeal by the amending Act, section 94, as 27
in force immediately before the repeal, continues to 28
apply to the matters to which it applied immediately 29
before the repeal. 30
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322 Transitional provision for subsidiary 1
on-premises licence (entertainment) 2
(1) This section applies to a subsidiary on-premises 3
licence that, immediately before the 4
commencement, was a current licence to which 5
section 67AA applied. 6
(2) From the commencement, the licence continues 7
in force under this Act as a nightclub licence. 8
(3) If the licensed premises do not have the toilet 9
facilities required under section 83C(1), the 10
licensee must ensure the facilities are installed in 11
the licensed premises within 6 months after the 12
commencement or any longer period allowed by 13
the commissioner. 14
323 Transitional provision for subsidiary 15
on-premises licence (meals) 16
(1) This section applies to an extended trading hours 17
approval for a subsidiary on-premises licence 18
(meals) that, immediately before the 19
commencement, extended trading hours to 20
include trading for a period after 1a.m. 21
(2) Subject to this Act, the approval continues in 22
force until 1 July 2015. 23
(3) From 1 July 2015, if the approval is in force, it 24
does not authorise trading for a period after 1a.m. 25
324 Civil banning orders 26
(1) On the commencement-- 27
(a) any current order ceases to have effect; and 28
(b) any current proceeding ends. 29
(2) In this section-- 30
current order means a civil banning order or 31
interim civil banning order in force under 32
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[s 82]
repealed part 6C immediately before the repeal of 1
that part by the amending Act. 2
current proceeding means a legal proceeding 3
under repealed part 6C started but not finally 4
dealt with before the repeal of that part by the 5
amending Act. 6
repealed part 6C means part 6C as in force 7
before the commencement of this section. 8
Part 8 Amendment of Penalties and 9
Sentences Act 1992 10
Clause 82 Act amended 11
This part amends the Penalties and Sentences Act 1992. 12
Clause 83 Amendment of s 4 (Definitions) 13
(1) Section 4, definition public place-- 14
omit. 15
(2) Section 4-- 16
insert-- 17
prescribed offence, for part 5, division 2, 18
subdivision 2, see section 108A. 19
public place-- 20
(a) for part 3B, see section 43G; or 21
(b) for part 5, division 2, subdivision 2, see 22
section 108A. 23
Clause 84 Amendment of s 9 (Sentencing guidelines) 24
Section 9-- 25
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[s 85]
insert-- 1
(9A) Voluntary intoxication of an offender by alcohol 2
or drugs is not a mitigating factor for a court to 3
have regard to in sentencing the offender. 4
Clause 85 Amendment of s 43G (Definitions for pt 3B) 5
Section 43G-- 6
insert-- 7
police banning notice see the Police Powers and 8
Responsibilities Act 2000, section 602B. 9
Clause 86 Amendment of s 43I (What is a banning order) 10
(1) Section 43I(1), `until a stated date'-- 11
omit, insert-- 12
for a stated period 13
(2) Section 43I(1)(b), examples, third dot point, `drink safe 14
precinct'-- 15
omit, insert-- 16
safe night precinct 17
(3) Section 43I(2)-- 18
omit. 19
Clause 87 Amendment of s 43J (Making a banning order) 20
(1) Section 43J(3)(b)-- 21
omit, insert-- 22
(b) whether the offender is, or has been, subject 23
to-- 24
(i) a special condition mentioned in the 25
Bail Act 1980, section 11(3); or 26
(ii) a police banning notice; 27
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(2) Section 43J(4)-- 1
omit, insert-- 2
(4) The court may impose any conditions it considers 3
necessary on a banning order, including a 4
condition that the offender report to a police 5
station within 48 hours after the banning order is 6
made to be photographed for an image to 7
distribute to relevant persons under the Police 8
Powers and Responsibilities Act 2000, chapter 9
19, part 5B. 10
(4A) Subsection (4B) applies if-- 11
(a) the court has regard to a police banning 12
notice when considering whether to make 13
the order; and 14
(b) the notice is in effect when the court 15
considers making the order. 16
(4B) The court must decide whether the police 17
banning notice should be-- 18
(a) cancelled; or 19
(b) amended and how it should be amended. 20
(4C) The banning order must state the court's decision 21
under subsection (4B). 22
Clause 88 Amendment of s 43N (Commissioner may give copy of 23
banning order to licensee) 24
(1) Section 43N, heading, `licensee'-- 25
omit, insert-- 26
particular persons 27
(2) Section 43N(1)-- 28
insert-- 29
(e) the Commissioner for Liquor and Gaming 30
under the Gaming Machine Act 1991; or 31
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[s 89]
(f) an approved operator for an approved ID 1
scanning system. 2
(3) Section 43N(2)-- 3
insert-- 4
approved operator see the Liquor Act 1992, 5
section 173EE. 6
approved ID scanning system see the Liquor Act 7
1992, section 173EE. 8
Clause 89 Insertion of new pt 5, div 2, sdiv 1, hdg 9
Part 5, after division 2 heading-- 10
insert-- 11
Subdivision 1 General 12
Clause 90 Amendment of s 106 (Offender to agree to making or 13
amending of order) 14
Section 106-- 15
insert-- 16
(2) Subsection (1) does not apply to a community 17
service order required under section 108B. 18
Clause 91 Amendment of s 107 (Multiple offences) 19
Section 107-- 20
insert-- 21
(6) This section applies subject to section 108C. 22
Clause 92 Insertion of new pt 5, div 2, sdiv 2 23
After section 108-- 24
insert-- 25
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[s 92]
Subdivision 2 Community service orders 1
mandatory for particular 2
offences 3
108A Definitions for sdiv 2 4
In this subdivision-- 5
prescribed offence means an offence against-- 6
(a) any of the following provisions of the 7
Criminal Code-- 8
(i) section 72; 9
(ii) section 320; 10
(iii) section 323; 11
(iv) section 335; 12
(v) section 339; 13
(vi) section 340(1)(b) or (2AA); or 14
(b) the Police Powers and Responsibilities Act 15
2000, section 790. 16
public place means-- 17
(a) a place, or part of a place, that the public is 18
entitled to use, is open to members of the 19
public or is used by the public, whether or 20
not on payment of money; or 21
(b) a place, or part of a place, the occupier of 22
which allows, whether or not on payment of 23
money, members of the public to enter. 24
108B When community service order must be 25
made 26
(1) This section applies if a court convicts an 27
offender of a prescribed offence committed in a 28
public place while the offender was adversely 29
affected by an intoxicating substance. 30
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Part 8 Amendment of Penalties and Sentences Act 1992
[s 92]
(2) The court must make a community service order 1
for the offender unless the court is satisfied that, 2
because of any physical, intellectual or 3
psychiatric disability of the offender, the offender 4
is not capable of complying with the order. 5
(3) Subsection (2) is subject to sections 121(4), 6
125(8) and 126(6B). 7
108C Effect if offender is also subject to other 8
orders 9
(1) This section applies if-- 10
(a) under section 108B, a court makes a 11
community service order (the new order) 12
for an offender; and 13
(b) the offender is also subject to 1 or more 14
other community service orders or graffiti 15
removal orders (the existing orders); and 16
(c) the total number of hours of unperformed 17
unpaid service under the new order and the 18
existing orders is more than 240. 19
(2) For subsection (3), the excess amount is the 20
amount by which the total number of hours of 21
unperformed unpaid service under the new order 22
and the existing orders is more than 240. 23
(3) Of the hours of service ordered to be performed 24
under the new order, a number of hours equal to 25
the excess amount must be performed 26
concurrently with the unperformed community 27
service under the existing orders. 28
Example-- 29
Under section 108B, a court makes a community service 30
order (the new order) requiring an offender to perform 50 31
hours of service. The offender is also subject to other 32
community service orders for which there are 220 hours of 33
unperformed unpaid service. Of the hours of service to be 34
performed under the new order, 30 hours are to be served 35
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Part 8 Amendment of Penalties and Sentences Act 1992
[s 93]
concurrently with the hours of unperformed unpaid service 1
under the existing orders. 2
108D Effect if offender is detained on remand or 3
imprisoned 4
(1) This section applies if-- 5
(a) under section 108B, a court makes a 6
community service order for an offender; 7
and 8
(b) during the period mentioned in section 9
103(2)(b) (the period for performance), the 10
offender is detained in custody on remand or 11
is serving a term of imprisonment in a 12
corrective services facility. 13
(2) The community service order is suspended for 14
the period the offender is detained or imprisoned. 15
(3) The period for performance is extended by the 16
period the offender is detained or imprisoned. 17
Clause 93 Amendment of s 120 (Amendment and revocation of 18
community based order other than graffiti removal order) 19
(1) Section 120, heading-- 20
omit, insert-- 21
120 Amendment and revocation of community 22
based orders generally 23
(2) Section 120(1), `a graffiti removal order'-- 24
omit, insert-- 25
an order to which section 120A applies 26
Clause 94 Replacement of s 120A (Amendment and revocation of 27
graffiti removal order) 28
Section 120A-- 29
omit, insert-- 30
Page 102
Safe Night Out Legislation Amendment Bill 2014
Part 8 Amendment of Penalties and Sentences Act 1992
[s 95]
120A Amendment and revocation of s 108B 1
community service order or graffiti removal 2
order 3
(1) This section applies to-- 4
(a) a community service order made under 5
section 108B; or 6
(b) a graffiti removal order. 7
(2) The court that made the order may, on 8
application under this division, amend or revoke 9
the order if the court is satisfied that, because of 10
any physical, intellectual or psychiatric disability 11
of the offender, the offender is not capable of 12
complying with the order. 13
(3) If a court other than the court that imposed the 14
order amends or revokes the order, the first court 15
must notify the original court of the amendment 16
or revocation. 17
Clause 95 Amendment of s 121 (Offender may be re-sentenced on 18
revocation of order) 19
Section 121-- 20
insert-- 21
(4) If the community based order mentioned in 22
subsection (1) is a community service order made 23
under section 108B, the court need not, but may, 24
when re-sentencing the offender for the offence 25
for which the order was made, make another 26
community service order. 27
Clause 96 Amendment of s 125 (Powers of Magistrates Court that 28
convicts offender of offence against s 123(1)) 29
Section 125-- 30
insert-- 31
Page 103
Safe Night Out Legislation Amendment Bill 2014
Part 8 Amendment of Penalties and Sentences Act 1992
[s 97]
(8) If the offence mentioned in subsection (1) relates 1
to a community service order made under section 2
108B, the court, in taking action under subsection 3
(4)(a), need not, but may, make another 4
community service order. 5
Clause 97 Amendment of s 126 (Powers of Supreme Court or 6
District Court to deal with offender) 7
Section 126-- 8
insert-- 9
(6B) If the community based order mentioned in 10
subsection (1) is a community service order made 11
under section 108B, the court, in taking action 12
under subsection (4), need not, but may, make 13
another community service order. 14
Clause 98 Amendment of s 160A (Application of ss 160B-160D) 15
Section 160A (4), examples, first dot point-- 16
omit, insert-- 17
· Criminal Code, sections 302A(5) and (6) and 305(2) 18
and (4) 19
Clause 99 Amendment of s 171 (Review--periodic) 20
Section 171(2)(c)-- 21
omit, insert-- 22
(c) if the offender's nominal sentence is a term 23
of imprisonment other than life for an 24
offence against the Criminal Code, section 25
302A--the lesser of the following-- 26
(i) 80% of the offender's nominal 27
sentence; 28
(ii) 15 years; or 29
Page 104
Safe Night Out Legislation Amendment Bill 2014
Part 8 Amendment of Penalties and Sentences Act 1992
[s 100]
(d) otherwise--50% of the offender's nominal 1
sentence. 2
Clause 100 Insertion of new pt 14, div 11 3
Part 14-- 4
insert-- 5
Division 11 Transitional provisions for 6
Safe Night Out Legislation 7
Amendment Act 2014 8
236 Sentencing guidelines 9
Section 9(9A) applies to the sentencing of an offender 10
if the offender is convicted of the offence after the 11
commencement of this section, even if the offence was 12
committed, or the offender was charged with the 13
offence, before the commencement of this section. 14
237 Banning orders 15
A court may make a banning order under section 43I, 16
as amended by the Safe Night Out Legislation 17
Amendment Act 2014, if the offender is convicted of 18
the offence after the commencement of this section, 19
even if the offence was committed, or the offender was 20
charged with the offence, before the commencement 21
of this section. 22
238 Community service orders required under s 23
108B 24
Section 108B does not apply to an offence committed 25
before the commencement of that section. 26
Clause 101 Amendment of sch 2 (Qualifying offences) 27
Schedule 2, entry for the Criminal Code-- 28
Page 105
Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 102]
insert-- 1
302A Unlawful striking causing death
Part 9 Amendment of Police Powers 2
and Responsibilities Act 2000 3
Clause 102 Act amended 4
This part amends the Police Powers and Responsibilities Act 5
2000. 6
Clause 103 Amendment of s 34 (Definitions for pt 3) 7
Section 34, definition licensed premises-- 8
omit. 9
Clause 104 Amendment of s 41 (Prescribed circumstances for 10
requiring name and address) 11
Section 41-- 12
insert-- 13
(m) a police officer is detaining a person for 14
transport or admission to a sober safe centre, 15
or a person has been admitted to, and is in 16
custody at, a sober safe centre under chapter 17
14, part 5, division 2; 18
(n) a police officer is about to give or is giving a 19
person a police banning notice under 20
chapter 19, part 5A. 21
Page 106
Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 105]
Clause 105 Amendment of s 42 (Power for age-related offences and 1
for particular motor vehicle related purposes) 2
Section 42(1)(c)-- 3
insert-- 4
(vii) detaining a person for transport or 5
admission to a sober safe centre under 6
chapter 14, part 5, division 2; 7
(viii)giving a person a police banning notice 8
under chapter 19, part 5A. 9
Clause 106 Amendment of s 44 (Application of pt 5) 10
Section 44(a), after `places'-- 11
insert-- 12
, including a public place in a safe night precinct 13
Clause 107 Amendment of s 46 (When power applies to behaviour) 14
(1) Section 46(2), `place, subsection (1)'-- 15
omit, insert-- 16
place, other than a public place in a safe night 17
precinct, subsection (1) 18
(2) Section 46-- 19
insert-- 20
(2A) If the regulated place is a public place in a safe 21
night precinct, subsection (1) applies in relation 22
to a person at or near the public place only if the 23
person's behaviour has or had the effect 24
mentioned in subsections (1)(a), (b), (c) or (d) in 25
any public place located in the safe night 26
precinct. 27
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Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 108]
Clause 108 Amendment of s 47 (When power applies to a person's 1
presence) 2
(1) Section 47(2), `place, subsection (1)'-- 3
omit, insert-- 4
place, other than a public place in a safe night 5
precinct, subsection (1) 6
(2) Section 47-- 7
insert-- 8
(2A) If the regulated place is a public place in a safe 9
night precinct, subsection (1) applies in relation 10
to a person at or near the place only if the 11
person's presence has or had the effect mentioned 12
in subsections (1)(a), (b) or (c) in any public 13
place located in the safe night precinct. 14
Clause 109 Amendment of s 53BC (What is out-of-control conduct) 15
Section 53BC(l), `drunk'-- 16
omit, insert-- 17
intoxicated 18
Clause 110 Amendment of s 378 (Additional case when arrest for 19
being drunk in a public place may be discontinued) 20
(1) Section 378, `drunk'-- 21
omit, insert-- 22
intoxicated 23
(2) Section 378(3)-- 24
insert-- 25
(c) section 390E applies in relation to the 26
circumstances of the person's arrest and the 27
person should be detained and transported to a 28
sober safe centre under chapter 14, part 5, division 29
2. 30
Page 108
Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 111]
Clause 111 Insertion of new s 378A 1
After section 378-- 2
insert-- 3
378A Additional case when arrest may be 4
discontinued to take person to sober safe 5
centre 6
(1) This section applies if-- 7
(a) a person is arrested for-- 8
(i) being intoxicated in a public place; or 9
(ii) a nuisance offence; and 10
(b) a police officer is satisfied-- 11
(i) section 390E applies in relation to the 12
circumstances of the person's arrest; 13
and 14
(ii) it is more appropriate for the person to 15
be detained and transported to a sober 16
safe centre under chapter 14, part 5, 17
division 2. 18
(2) The police officer may discontinue the arrest to 19
transport the person to a sober safe centre under 20
the division. 21
Clause 112 Insertion of new ch 14, pt 5, div 1 hdg 22
Chapter 14, part 5, before section 382-- 23
insert-- 24
Division 1 General provisions 25
Clause 113 Insertion of new ch 14, pt 5, div 2 26
Chapter 14, part 5-- 27
insert-- 28
Page 109
Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 113]
Division 2 Sober Safe Centre Trial 1
Subdivision 1 Preliminary 2
390A Definitions for div 2 3
In this division-- 4
centre officer, in relation to a sober safe centre, 5
means a watch-house officer or police officer, 6
including a manager, performing duties at the 7
centre. 8
health care professional means a person who-- 9
(a) is a nurse; or 10
(b) has a qualification prescribed by regulation. 11
manager, of a sober safe centre, means a police 12
officer for the time being in charge of the centre. 13
prescribed safe night precinct, for a sober safe 14
centre, means a safe night precinct prescribed by 15
regulation for the centre. 16
responsible person means a person who is 17
capable of taking care of a person admitted to a 18
sober safe centre under this division, including-- 19
(a) an adult relative or friend of the person; or 20
(b) an employee of an entity that has provided 21
or can provide welfare, or drug or alcohol 22
rehabilitation, services to the person. 23
390B Additional powers 24
The powers of a police officer or watch-house officer 25
under this division are additional to, and are not 26
limited by, the powers the officer otherwise has under 27
this Act or another Act. 28
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Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 113]
390C Application of particular watch-house 1
provisions to sober safe centres 2
(1) Chapter 21, part 1, other than sections 650, 651 3
and 659, applies to the administration of a sober 4
safe centre to the extent necessary to enable a 5
centre officer who is a watch-house officer at the 6
centre to-- 7
(a) administer the centre; and 8
(b) perform a function, or exercise a power, of 9
the officer under this division. 10
Note-- 11
Chapter 21, part 1 deals with the administration of 12
watch-houses. 13
(2) For subsection (1), a reference in an applied 14
provision of chapter 21, part 1 to-- 15
(a) a watch-house is taken to be a reference to a 16
sober safe centre; and 17
(b) a person in custody at a watch-house is 18
taken to be a reference to a person admitted 19
to, and in custody at, a sober safe centre; and 20
(c) the watch-house manager for a watch-house 21
is taken to be a reference to the centre 22
manager for a sober safe centre; and 23
(d) that part is taken to be a reference to this 24
division. 25
390D Application of division 26
This division applies only to an adult person. 27
Page 111
Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 113]
Subdivision 2 Power to take intoxicated 1
person to sober safe 2
centre 3
390E Power to detain and transport intoxicated 4
person 5
(1) This section applies if-- 6
(a) a police officer reasonably suspects a person 7
is intoxicated; and 8
(b) the person is behaving in a way the police 9
officer reasonably suspects-- 10
(i) constitutes a nuisance offence; or 11
(ii) poses a risk of physical harm to the 12
person, or another person; and 13
(c) the behaviour mentioned in paragraph (b) is 14
in a public place located in a prescribed safe 15
night precinct for a sober safe centre. 16
(2) The police officer may detain and transport the 17
person to the sober safe centre. 18
(3) However, this section does not apply if a police 19
officer reasonably suspects the behaviour of the 20
person constitutes an offence other than-- 21
(a) a nuisance offence; or 22
(b) an offence under the Summary Offences Act 23
2005, section 10 for being intoxicated in a 24
public place. 25
Page 112
Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 113]
Subdivision 3 Procedures for 1
transporting and admitting 2
person to sober safe 3
centre 4
390F Information to be given to person 5
As soon as reasonably practicable after a person is 6
detained under section 390E, and before the person is 7
admitted to the sober safe centre, a police officer must 8
tell the person the following-- 9
(a) the person is being detained and transported 10
to the centre; 11
(b) the person must be assessed by a health care 12
professional before being admitted to the 13
centre; 14
(c) if admitted to the centre-- 15
(i) the person may be detained for a 16
maximum of 8 hours; and 17
(ii) the person and the person's belongings 18
may be searched; and 19
(iii) the person's belongings may be seized 20
and kept in safe custody while the 21
person is detained; and 22
(iv) the person must pay a cost recovery 23
charge for being detained in the centre; 24
and 25
(v) the rates of the cost recovery charge; 26
Note-- 27
Chapter 16 deals with search powers for persons 28
in custody. 29
(d) the person may be released if-- 30
(i) 8 hours has elapsed since the person 31
was admitted; or 32
Page 113
Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 113]
(ii) the manager of the centre decides-- 1
(A) the person is no longer 2
intoxicated, after considering an 3
assessment of the person made by 4
a health care professional at least 5
4 hours after the person is 6
admitted to the centre; or 7
(B) to release the person to a 8
responsible person to take the 9
person to a place of safety. 10
390G Assessment by health care professional 11
before admission 12
(1) When the person arrives at the sober safe centre, 13
a health care professional must assess the person 14
and give a recommendation to the manager of the 15
centre about whether, in the reasonable opinion 16
of the professional-- 17
(a) the person is intoxicated; and 18
(b) there are any health reasons why the person 19
should not be admitted to the centre. 20
(2) Without limiting subsection (1)(b), the health 21
care professional may recommend that there are 22
health reasons why the person should not be 23
admitted to the sober safe centre because the 24
person should receive urgent medical treatment at 25
an appropriate medical facility. 26
(3) The manager must consider the recommendation 27
and decide whether or not to admit the person to 28
the sober safe centre. 29
(4) The manager must not admit the person if the 30
manager reasonably suspects the person is not 31
intoxicated. 32
Page 114
Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 113]
Subdivision 4 Custody at a sober safe 1
centre 2
390H Admission to, and custody at, sober safe 3
centre 4
(1) A person admitted to a sober safe centre is in the 5
custody of the manager of the centre from when 6
the person is admitted until the person is released 7
from custody under this subdivision. 8
(2) The manager must give the person a reasonable 9
opportunity to contact a responsible person as 10
soon as reasonably practicable after the person is 11
admitted to the centre. 12
390I Assessment by health care professional after 13
4 hours 14
(1) As soon as reasonably practicable after a person 15
has been in custody at a sober safe centre for 4 16
hours, the manager of the centre must arrange for 17
the person to be assessed by a health care 18
professional. 19
(2) The health care professional must assess the 20
person and give a recommendation to the 21
manager of the sober safe centre about whether 22
the person, in the reasonable opinion of the 23
professional-- 24
(a) continues to be intoxicated; and 25
(b) may be released, either independently or 26
into the care of a responsible person. 27
(3) The manager must consider the recommendation 28
and decide whether or not to release the person 29
from custody, either-- 30
(a) independently; or 31
Page 115
Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 113]
(b) into the care of a responsible person to take 1
the person being released to a place of 2
safety. 3
390J Maximum custody of 8 hours 4
A person must not be held in custody at a sober 5
safe centre for longer than 8 hours. 6
390K Monitoring while at sober safe centre 7
(1) The manager of a sober safe centre must ensure 8
the health and wellbeing of each person in 9
custody at the centre is regularly monitored. 10
(2) If, at any time while a person is in custody at the 11
sober safe centre, a health care professional or 12
centre officer at the centre reasonably believes 13
the person requires urgent medical treatment, the 14
professional or officer must arrange for the 15
person to be transported to an appropriate 16
medical facility for the treatment. 17
390L Release from sober safe centre 18
(1) A manager of a sober safe centre may release a 19
person from custody at the centre-- 20
(a) if the manager reasonably suspects, taking 21
into account the recommendation of a health 22
care professional given under section 390I, 23
the person is no longer 24
intoxicated--independently; or 25
(b) if the manager has arranged for a 26
responsible person to take the person to a 27
place of safety--into the care of the 28
responsible person; or 29
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Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 113]
(c) if a police officer requires the person for a 1
lawful purpose--to the custody of the police 2
officer; or 3
(d) otherwise--if the person has been held in 4
custody at the centre for 8 hours. 5
(2) A health care professional or centre officer acting 6
under section 390K(2) may release a person from 7
the sober safe centre without the approval of the 8
manager. 9
Subdivision 5 Cost recovery charge 10
390M Charge for custody at sober safe centre 11
(1) A person who is admitted to a sober safe centre is 12
liable to pay the commissioner the following 13
amount (a cost recovery charge)-- 14
(a) if it is the first time the person has been 15
admitted to a sober safe centre--an amount 16
equal to 2 penalty units; or 17
(b) otherwise, the total of-- 18
(i) an amount equal to 2 penalty units; and 19
(ii) an amount equal to 1 penalty unit 20
multiplied by the number of times the 21
person has previously been admitted to 22
a sober safe centre, up to a maximum 23
of 6 times. 24
Example-- 25
If a person is admitted to a sober safe centre for a 26
third time, the person is liable to pay a cost 27
recovery charge of 4 penalty units. 28
(2) Subsection (1) applies regardless of the period of 29
time the person has been held in custody at the 30
sober safe centre. 31
Page 117
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Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 113]
(3) Before the person is released from the sober safe 1
centre, the manager of the centre must give the 2
person a notice in the approved form. 3
(4) The notice must state-- 4
(a) the amount of the cost recovery charge; and 5
(b) the cost recovery charge must be paid within 6
28 days after the day the person was 7
admitted to the sober safe centre. 8
390N Recovery of charge 9
(1) This section applies if a person who is given a 10
notice under section 390M(3) does not pay the 11
cost recovery charge stated in the notice to the 12
commissioner within the period mentioned in the 13
notice. 14
(2) The commissioner may give particulars of the 15
unpaid amount of the cost recovery charge to the 16
registrar under the State Penalties Enforcement 17
Act 1999 for registration under that Act as if-- 18
(a) the commissioner were the registrar of a 19
court; and 20
(b) the particulars were particulars of a fine 21
imposed by a court and the amount of the 22
fine was unpaid after the time allowed by 23
the court for payment. 24
(3) The registrar must register the particulars under 25
the State Penalties Enforcement Act 1999, section 26
34. 27
Page 118
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Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 114]
Subdivision 6 Miscellaneous 1
390O Power for health care professional to use 2
reasonable force 3
When performing, or attempting to perform, a 4
function under this division in relation to a person, a 5
health care professional-- 6
(a) is not required to seek the consent of the 7
person; and 8
(b) may use reasonably necessary force against 9
the person. 10
Note-- 11
See also section 390C applying particular provisions of 12
chapter 21, part 1 to this division. Section 652 deals with 13
the power of a watch-house officer to use force. 14
390P Protection from liability for acts or omissions 15
of health care professional 16
(1) A health care professional is not civilly liable for 17
an act done, or omission made, honestly and 18
without negligence under this division. 19
(2) If subsection (1) prevents a civil liability 20
attaching to an official, the liability attaches 21
instead to the State. 22
(3) This section does not prevent the State or the 23
health care professional from relying on another 24
provision of an Act to limit civil liability. 25
Clause 114 Amendment of s 394 (Duty of police officer receiving 26
custody of person arrested for offence) 27
Section 394(2)(c), `drunk'-- 28
omit, insert-- 29
intoxicated 30
Page 119
Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 115]
Clause 115 Amendment of s 415 (When does this part apply to a 1
person) 2
Section 415-- 3
insert-- 4
(3) Also, nothing in this part prevents a police officer 5
exercising a power under chapter 18A, including 6
under the Road Use Management Act, section 80, 7
as it applies under the chapter. 8
Note-- 9
Chapter 18A applies the Road Use Management Act, 10
section 80 for breath, saliva, blood and urine testing of 11
persons suspected of committing particular assault 12
offences. 13
Clause 116 Amendment of s 442 (Application of ch 16) 14
Section 442-- 15
insert-- 16
(ca) is detained for transport to, or is admitted to, 17
a sober safe centre under chapter 14, part 5, 18
division 2; or 19
(cb) is detained for the purposes of testing under 20
chapter 18A; or 21
Clause 117 Insertion of new ch 18A 22
After section 548-- 23
insert-- 24
Page 120
Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 117]
Chapter 18ABreath, saliva, blood 1
and urine testing of 2
persons suspected 3
of committing 4
particular assault 5
offences 6
Part 1 Preliminary 7
548A Purposes of ch 18A 8
The purposes of this chapter are to allow for the 9
following things to happen, by applying the Road Use 10
Management Act, section 80 to the extent provided for 11
in this chapter-- 12
(a) the taking of specimens of breath, saliva, 13
blood and urine from persons suspected of 14
committing a relevant assault offence; and 15
(b) the testing of the specimens; and 16
(c) the production of certificates for use as 17
evidence in proceedings for relevant assault 18
offences. 19
Note-- 20
The Criminal Code, chapter 35A and the Penalties and 21
Sentences Act 1992, part 5, division 2, subdivision 2, 22
apply to the sentencing of offenders convicted of 23
relevant assault offences committed in a public place 24
while the offender was adversely affected by an 25
intoxicating substance. 26
548B Interpretation provision for ch 18A 27
(1) In this chapter-- 28
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Safe Night Out Legislation Amendment Bill 2014
Part 9 Amendment of Police Powers and Responsibilities Act 2000
[s 117]
relevant assault offence means any of the 1
following offences under the Criminal Code-- 2
(a) grievous bodily harm under section 320; 3
(b) wounding under section 323; 4
(c) serious assault of a police officer under 5
section 340(1)(b), with the circumstance of 6
aggravation mentioned in section 340(1), 7
penalty, paragraph (a); 8
(d) serious assault of a public officer under 9
section 340(2AA), with the circumstance of 10
aggravation mentioned in section 11
340(2AA), penalty, paragraph (a). 12
(2) A reference in this chapter to section 80, or a 13
subsection of section 80, is a reference to the 14
Road Use Management Act, section 80, or a 15
subsection of the section. 16
(3) Words and expressions used in this chapter, to the 17
extent the context permits, have the same 18
meaning as they have for section 80. 19
Part 2 Application of s 80 20
548C Person suspected of committing relevant 21
assault offence 22
(1) This section applies if a police officer-- 23
(a) finds a person the officer reasonably 24
suspects is committing, or has within the 25
preceding 3 hours committed, a relevant 26
assault offence; and 27
(b) reasonably suspects-- 28
(i) the person is intoxicated; and 29
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(ii) the relevant assault offence is being 1
committed, or was committed, in a 2
public place. 3
(2) A police officer may make a requirement under 4
section 80(2) in relation to the person as if they 5
were a person to whom section 80(2) applies. 6
548D Person arrested for relevant assault offence 7
(1) This section applies if a police officer-- 8
(a) has arrested a person for committing a 9
relevant assault offence; and 10
(b) reasonably suspects-- 11
(i) the person is intoxicated; and 12
(ii) the relevant assault offence was 13
committed in a public place. 14
(2) A police officer may make a requirement under 15
section 80(8) in relation to the person as if they 16
were a person to whom section 80(8) applies. 17
548E Application of s 80 18
(1) For sections 548C and 548D, section 80, other 19
than subsections (2A), (11), (11A), (22) to (22D), 20
(24) and (24A), applies in relation to the person. 21
(2) For applying section 80, the following apply-- 22
(a) a matter or thing prescribed by regulation 23
for section 80 is taken to also be prescribed 24
by the regulation for the purposes of section 25
80 as applied under this chapter; 26
(b) a reference in section 80(6)(aa) to a person 27
to whom section 79(2A), (2B), (2D), (2J), 28
(2K) or (2L) refers is taken to be a reference 29
to a person mentioned in section 548C; 30
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(c) a reference to an offence mentioned in 1
section 80(8) is taken to be a reference to a 2
relevant assault offence; 3
(d) a reference to an offence against section 79 4
in section 80(16L) and (30) is taken to be a 5
reference to a relevant assault offence; 6
(e) a requirement under section 80(10C) for a 7
health care professional to give a specimen 8
to a person as soon as practicable is taken to 9
be a requirement for the health care 10
professional to give the specimen to a police 11
officer, and for the officer to give the 12
specimen to the person, as soon as 13
practicable; 14
(f) a requirement under section 80(20A) for a 15
health care professional to give a specimen 16
to a person is taken to be a requirement for 17
the health care professional to give the 18
specimen to a police officer, and for the 19
officer to give the specimen to the person, as 20
soon as practicable; 21
(g) a reference in section 80 to-- 22
(i) a subsection of the section is taken to 23
be a reference to the subsection as 24
applied by this section; and 25
(ii) a requirement made by a police officer 26
under-- 27
(A) subsection (2) is taken to be a 28
reference to a requirement made 29
by a police officer under the 30
subsection as applied by section 31
548C; or 32
(B) subsection (8) is taken to be a 33
reference to a requirement made 34
by a police officer under the 35
subsection as applied by section 1
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548D. 2
Part 3 Miscellaneous 3
548F Relationship with other provisions and Acts 4
The powers of a police officer under section 80, as 5
applied under this chapter, are additional to, and are 6
not limited by, the powers the officer otherwise has 7
under this Act or another Act. 8
Clause 118 Insertion of new ch 19, pts 5A and 5B 9
Chapter 19-- 10
insert-- 11
Part 5A Police banning notices 12
Division 1 Preliminary 13
602A Definitions for pt 5A 14
In this part-- 15
ending time, for an initial police banning notice, 16
means the day and time the notice stops having 17
effect under section 602D. 18
extended police banning notice see section 19
602F(2). 20
initial police banning notice see section 21
602C(1). 22
police banning notice see section 602B. 23
relevant public place means each of the 24
following-- 25
(a) licensed premises; 26
(b) a public place in a safe night precinct; 1
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(c) a public place at which an event is being 2
held and liquor is being sold for 3
consumption. 4
respondent, for a police banning notice, means 5
the person named in the notice. 6
starting time, for an initial police banning notice, 7
see section 602D(a). 8
602B What is a police banning notice 9
(1) A police banning notice is a written notice that 10
prohibits a stated person from doing, or 11
attempting to do, any of the following-- 12
(a) entering or remaining in stated licensed 13
premises or a stated class of licensed 14
premises; 15
(b) entering or remaining in a public place 16
located in a safe night precinct; 17
(c) attending or remaining at a stated event, 18
being held in a public place, at which liquor 19
will be sold for consumption; 20
(d) entering or remaining in a stated area that is 21
designated by its reasonable distance from, 22
or location in relation to-- 23
(i) premises mentioned in paragraph (a); 24
or 25
(ii) a public place mentioned in paragraph 26
(b); or 27
(iii) an event mentioned in paragraph (c). 28
(2) A police banning notice may prohibit a person 29
from doing a thing mentioned in subsection (1) 30
during stated days or at stated times. 31
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Division 2 Initial police banning 1
notice 2
602C Police officer may give initial notice 3
(1) A police officer may give a police banning notice 4
(an initial police banning notice) to an adult. 5
(2) Before giving the initial police banning notice, 6
the police officer must obtain the approval of a 7
police officer of at least the rank of sergeant, 8
unless the police officer giving the notice has that 9
rank. 10
(3) The police officer giving the initial police 11
banning notice or, if an approval is required 12
under subsection (2), the approval, must be 13
reasonably satisfied that giving the notice is 14
necessary because-- 15
(a) the respondent has behaved in a disorderly, 16
offensive, threatening or violent way; and 17
(b) the respondent's behaviour was at, or in the 18
vicinity of, a relevant public place; and 19
(c) the person's ongoing presence, or presence 20
in the immediate future, at the relevant 21
public place and any other place stated in 22
the notice, poses an unacceptable risk of-- 23
(i) causing violence at the places; or 24
(ii) impacting on the safety of other 25
persons attending the places; or 26
(iii) disrupting or interfering with the 27
peaceful passage, or reasonable 28
enjoyment of other persons, at the 29
places. 30
(4) The approval mentioned in subsection (2) may be 31
sought and given verbally, including, for 32
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example, in person or by telephone, radio, 1
internet or other similar facility. 2
602D Duration of initial notice 3
An initial police banning notice has effect-- 4
(a) from the day and time (the starting time) the 5
notice is personally served on the 6
respondent by a police officer; and 7
(b) until-- 8
(i) if the notice applies to a stated 9
event--the day and time the event 10
ends; or 11
(ii) otherwise--the day and time that is 10 12
days after the starting time. 13
602E Notice to be explained 14
Before giving an initial police banning notice, the 15
police officer giving the notice must explain, or cause 16
to be explained, to the respondent-- 17
(a) the duration and effect of the notice; and 18
(b) the consequences of contravening the 19
notice; and 20
(c) an extended police banning notice may be 21
given, or the initial police banning notice 22
may be cancelled, under division 3; and 23
(d) the respondent may apply to the 24
commissioner to amend or cancel the notice 25
under division 5. 26
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Division 3 Extension or cancellation 1
of initial police banning 2
notice by police officer 3
602F Extended police banning notice 4
(1) This section applies if an initial police banning 5
notice has been given to the respondent for the 6
notice. 7
(2) A police officer of at least the rank of senior 8
sergeant may decide, on the officer's own 9
initiative, to make 1 or more of the changes 10
mentioned in subsection (3) to the initial police 11
banning notice by giving the respondent a new 12
police banning notice (an extended police 13
banning notice). 14
(3) For subsection (2), the changes are the 15
following-- 16
(a) extend the duration of the initial police 17
banning notice to a day and time no later 18
than 3 months after the starting time of the 19
initial police banning notice; 20
(b) state additional relevant public places; 21
(c) state additional days or times for the 22
purposes of section 602B(2). 23
(4) Before making a decision under subsection (2), 24
the police officer must be reasonably satisfied 25
giving the extended police banning notice is 26
necessary after considering the following 27
matters-- 28
(a) the respondent's behaviour (the relevant 29
behaviour) that led to the respondent being 30
given the initial police banning notice; 31
(b) whether the respondent has been charged 32
with an offence, a proceeding has been 33
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commenced, or an infringement notice has 1
been issued, in relation to-- 2
(i) the relevant behaviour; or 3
(ii) other behaviour of the respondent that 4
the officer reasonably considers is 5
similar to the relevant behaviour or 6
involves violence to a person or 7
property; 8
(c) whether the respondent is, or previously has 9
been, subject to-- 10
(i) a court banning order made under the 11
Penalties and Sentences Act 1992, part 12
3B; or 13
(ii) a special condition mentioned in the 14
Bail Act 1980, section 11(3); 15
(d) whether the respondent has previously 16
received a police banning notice, other than 17
a notice that has been cancelled; 18
(e) whether the respondent has previously been 19
detained in a sober safe centre; 20
(f) whether the respondent has been found 21
guilty for an offence, if the officer 22
reasonably considers the circumstances in 23
which the offence was committed are 24
similar to the relevant behaviour or involved 25
violence to a person or property; 26
(g) the respondent's personal circumstances and 27
the likely effect of giving the extended 28
police banning notice on those 29
circumstances; 30
(h) other matters the officer reasonably 31
considers are related to the relevant 32
behaviour. 33
(5) However, the police officer may decide to give an 34
extended police banning notice only if the 35
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decision is made at least 3 days before the ending 1
time for the initial police banning notice. 2
(6) The police officer must, when giving the 3
respondent the extended police banning notice, 4
also give written notice of the officer's reasons 5
for the decision. 6
602G Cancellation of initial police banning notice 7
(1) A police officer of at least the rank of senior 8
sergeant may decide, at any time and on the 9
officer's own initiative, to cancel an initial police 10
banning notice. 11
(2) Before making a decision under subsection (1), 12
the police officer must be reasonably satisfied, 13
having regard to the circumstances in which the 14
initial police banning notice was given that-- 15
(a) the notice should not have been given to the 16
respondent; or 17
(b) the notice is causing, or will cause, undue 18
hardship to the respondent or a member of 19
the respondent's family. 20
Division 4 General provisions about 21
notices 22
602H Form of notice 23
A police banning notice must be in the approved form 24
and state the following-- 25
(a) the name and date of birth of the respondent 26
for the notice; 27
(b) the day and time the notice starts; 28
(c) the day and time the notice ends; 29
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(d) the acts that are prohibited by the notice; 1
(e) that an extended police banning notice may 2
be given, or an initial police banning notice 3
may be cancelled by a police officer, under 4
division 3; 5
(f) that a respondent may apply to the 6
commissioner to amend or cancel the notice 7
and the process for seeking amendment or 8
cancellation; 9
(g) that it is an offence to contravene the notice; 10
(h) that a police officer may detain and 11
photograph the respondent; 12
(i) that an image of the respondent may be 13
attached to the notice and distributed under 14
chapter 19, part 5B. 15
602I Written record for notices 16
(1) This section applies to a police officer who-- 17
(a) approves the giving of an initial police 18
banning notice; or 19
(b) gives an extended police banning notice. 20
(2) The police officer must make a written record of 21
the following-- 22
(a) the officer's decision to approve or give the 23
police banning notice; 24
(b) the reason for the officer's decision; 25
(c) the date and time of the decision; 26
(d) the officer's name, rank, registered number 27
and station. 28
(3) However, a police banning notice is not invalid 29
merely because the approval is not in writing, if 30
the police officer makes the written record as 31
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required under subsection (2) at the first 1
reasonable opportunity after the notice is given. 2
602J Actions not prohibited by notice 3
Despite section 602B, a police banning notice 4
does not prohibit the respondent for the notice 5
from entering or remaining in the respondent's 6
residence, place of employment or place of 7
education. 8
602K Amendment or cancellation if court banning 9
order made 10
(1) This section applies if the commissioner receives 11
a court banning order-- 12
(a) for a person who is the respondent named in 13
a police banning notice; and 14
(b) that states the court's decision about the 15
cancellation or amendment of the notice. 16
Note-- 17
A proper officer of a court must give a copy of a 18
banning order to the commissioner under the 19
Penalties and Sentences Act 1992, section 43M. 20
(2) The commissioner must ensure that, as soon as 21
practicable, but not more than 2 business days 22
after receiving the banning order, the police 23
banning notice is-- 24
(a) cancelled; or 25
(b) amended in the way decided by the court. 26
(3) The commissioner must give the respondent a 27
written notice stating the police banning notice 28
has been amended or cancelled. 29
(4) In this section-- 30
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court banning order means a banning order 1
made under the Penalties and Sentences Act 2
1992, part 3B, for a person by a court. 3
602L Procedure if police banning notice amended 4
or cancelled 5
(1) This section applies if the commissioner (the 6
decision-maker) decides to amend or cancel, or a 7
police officer (also the decision-maker) decides 8
to cancel, a police banning notice under this part. 9
Note-- 10
For cancellation of a police banning notice by a 11
police officer, see division 3. For amendment or 12
cancellation of a police banning notice on application 13
by the respondent, see division 5. 14
(2) The decision-maker must, as soon as reasonably 15
practicable, give the respondent named in the 16
police banning notice-- 17
(a) if the decision-maker decides to amend the 18
notice--a new police banning notice that 19
includes the changes decided by the 20
decision-maker; and 21
(b) if the decision-maker decides to cancel the 22
notice--a written statement stating the 23
notice has been cancelled and the day and 24
time of the cancellation. 25
(3) Subsection (4) applies if an amended or cancelled 26
police banning notice has, before the amendment 27
or cancellation, been distributed to a person by a 28
police officer under section 602U. 29
(4) The decision-maker must ensure the person is 30
notified of the cancellation or amendment of the 31
police banning notice. 32
Note-- 33
Section 602W requires the person to destroy a police 34
banning notice in particular circumstances. 35
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602M Effect of cancellation of notice 1
A police banning notice cancelled by the 2
commissioner or a police officer has no effect 3
immediately after it is cancelled. 4
Division 5 Review of notices 5
602N Internal review for police banning notices 6
(1) A respondent for a police banning notice may 7
apply, in the approved form, to the commissioner 8
to amend or cancel the notice-- 9
(a) if the application relates to an initial police 10
banning notice--within 5 days after the 11
starting time of the notice; or 12
(b) otherwise--at any time. 13
(2) Without limiting subsection (1), the respondent 14
may apply to the commissioner on the ground 15
that the police banning notice-- 16
(a) prevents the respondent from entering, 17
remaining in, or using a mode of transport to 18
travel to, the respondent's residence, place 19
of employment or place of education; or 20
(b) is causing, or will cause, undue hardship to 21
the respondent or a member of the 22
respondent's family. 23
(3) The respondent must give the commissioner 24
sufficient information with the application to 25
enable the commissioner to decide the 26
application. 27
602O Commissioner's decision about notices 28
(1) The commissioner must decide an application 29
made under section 602N-- 30
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(a) as soon as reasonably practicable; and 1
(b) if the application relates to an extended 2
police banning notice--no later than 5 3
business days after receiving the 4
application. 5
(2) If the application relates to an extended police 6
banning notice, the commissioner must give the 7
respondent for the notice a QCAT information 8
notice for the commissioner's decision on the 9
application. 10
(3) In this section-- 11
QCAT information notice means a notice 12
complying with the QCAT Act, section 157(2). 13
602P Review by QCAT 14
A person given, or entitled to be given, a QCAT 15
information notice under section 602O(2) for a police 16
banning notice may apply, as provided under the 17
QCAT Act, to QCAT for review of the notice. 18
Note-- 19
The QCAT Act, section 22(3) provides that QCAT may 20
stay the operation of a reviewable decision, either on 21
application by a person or on its own initiative. 22
Division 6 Offence 23
602Q Offence to contravene notice 24
A person named in a police banning notice must not, 25
without reasonable excuse, contravene the notice. 26
Maximum penalty--60 penalty units. 27
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Part 5B Photographing and 1
distributing images for 2
banning purposes 3
Division 1 Preliminary 4
602R Definitions for pt 5B 5
In this part-- 6
approved operator see the Liquor Act 1992, 7
section 173EE. 8
approved ID scanning system see the Liquor Act 9
1992, section 173EE. 10
banning order means-- 11
(a) a police banning notice; or 12
(b) a document recording a special condition to 13
which a person's bail is subject under the 14
Bail Act 1980, section 11(3); 15
(c) a banning order made under the Penalties 16
and Sentences Act 1992, part 3B. 17
destroy, an image, includes-- 18
(a) deleting an electronic copy of the image; 19
and 20
(b) ending the way in which the image may be 21
accessed electronically. 22
distribute, an imaged order, means giving the 23
order to a person, whether the order is given in 24
hard copy, electronically or by allowing the 25
person electronic access to a database. 26
image, of a person, means an image, including a 27
digital image, taken by a police officer 28
photographing the person under this part. 29
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imaged order see section 602T(2). 1
photograph does not include videotaping. 2
Division 2 Power to photograph 3
person and distribute 4
images 5
602S Power to detain and photograph 6
(1) A police officer may detain and photograph the 7
following persons at a police vehicle, 8
watch-house or police station-- 9
(a) a respondent for a police banning notice; 10
(b) a person whose bail is subject to a special 11
condition mentioned in the Bail Act 1980, 12
section 11(4A)(b); 13
(c) a person who has been ordered by a court to 14
attend a police station under the Penalties 15
and Sentences Act 1992, section 43J(4). 16
(2) The police officer may-- 17
(a) detain the person under this section only for 18
the time reasonably necessary to photograph 19
the person; and 20
(b) photograph the person's face, neck and hair. 21
602T Attaching image to a banning order 22
(1) A police officer may attach an image of a person 23
taken under this part to a banning order for the 24
person. 25
(2) An imaged order is a banning order to which an 26
image has been attached. 27
(3) To remove doubt, it is declared that an image of a 28
person taken for a particular banning order may 29
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be attached to a different banning order for the 1
person. 2
Example for subsection (3)-- 3
An image of a person taken for a police banning notice 4
may be later attached to a banning order made for the 5
person. 6
602U Distribution of imaged order 7
(1) A police officer may distribute an imaged order 8
for a person to the Commissioner for Liquor and 9
Gaming, or an approved operator for an approved 10
ID scanning system, for recording on the 11
approved ID scanning system. 12
(2) A police officer may also distribute an imaged 13
order to any 1 or more of the following persons 14
for the purposes of preventing the entry of the 15
person named in the order to the places stated in 16
the order-- 17
(a) the licensee of any licensed premises stated 18
in the order; 19
(b) the licensee of any licensed premises 20
included in a class of licensed premises 21
stated in the order; 22
(c) an approved manager working at the 23
licensed premises mentioned in paragraph 24
(a) or (b) or at an event to which the order 25
applies; 26
(d) if there is no approved manager working at 27
an event stated in the order--the person 28
responsible for the sale of liquor at the 29
event. 30
(3) The distribution of the imaged order may be 31
subject to reasonable conditions decided by the 32
commissioner. 33
(4) In this section-- 34
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approved manager means a person holding an 1
approval as an approved manager under the 2
Liquor Act 1992. 3
Commissioner for Liquor and Gaming means 4
the Commissioner for Liquor and Gaming under 5
the Gaming Machine Act 1991. 6
Division 3 Destruction of images 7
602V Commissioner to destroy image 8
(1) The commissioner must take reasonable steps to 9
ensure that an image of a person taken for a 10
banning order is destroyed as soon as reasonably 11
practicable after the day the banning order no 12
longer has effect. 13
(2) However, if a relevant proceeding has started in 14
relation to the person, the image must be 15
destroyed as soon as reasonably practicable after 16
the end of the period for appeal of a decision 17
from the proceeding. 18
(3) Subsection (1) does not prevent an image being 19
attached to another banning order, if the image 20
has not been destroyed under this section. 21
(4) In this section-- 22
relevant proceeding, in relation to a person 23
named in a banning order, means-- 24
(a) a proceeding for an offence committed, or 25
alleged to have been committed, by the 26
person arising from the circumstances that 27
led to the giving of the order; or 28
(b) a proceeding for an offence under section 29
602W relating to the banning order. 30
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602W Other persons who must destroy imaged 1
order 2
(1) This section applies to a person to whom an 3
imaged order has been distributed under section 4
602T, other than a person operating an approved 5
ID scanning system or using an approved ID 6
scanner under the Liquor Act 1992. 7
Note-- 8
Part 6AA of the Liquor Act 1992 deals with the use of 9
banning orders held in an approved ID scanning system. 10
(2) The person must destroy the imaged order as 11
soon as practicable, and not later than 7 days, 12
after the day the banning order no longer has 13
effect, unless the person has a reasonable excuse. 14
Maximum penalty--40 penalty units. 15
(3) The person must not, without reasonable 16
excuse-- 17
(a) use the imaged order in any way other than 18
in a way that is reasonable for the purpose of 19
preventing the entry of the person named in 20
the order to a place stated in the order; or 21
Example of a reasonable way of using an order for 22
paragraph (a)-- 23
A person keeps an imaged order in a secure area of 24
licensed premises and only gives the order to staff who 25
are working at the front door of the premises. 26
Example of an unreasonable way of using an order for 27
paragraph (a)-- 28
A person puts an imaged order in a place at licensed 29
premises that is visible to the public. 30
(b) contravene a condition decided for the 31
imaged order under section 602U(3). 32
Maximum penalty--40 penalty units. 33
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Clause 119 Amendment of s 686 (Application of pt 3) 1
Section 686(2)(e), `under'-- 2
omit, insert-- 3
under chapter 18A or 4
Clause 120 Amendment of s 790 (Offence to assault or obstruct 5
police officer) 6
Section 790(1), penalty-- 7
omit, insert-- 8
Maximum penalty-- 9
(a) if the assault or obstruction happens within 10
licensed premises, or in the vicinity of 11
licensed premises--60 penalty units or 12 12
months imprisonment; or 13
(b) otherwise--40 penalty units or 6 months 14
imprisonment. 15
Clause 121 Amendment of s 791 (Offence to contravene direction or 16
requirement of police officer) 17
Section 791(2), penalty-- 18
omit, insert-- 19
Maximum penalty-- 20
(a) for contravening a direction given under 21
section 48-- 22
(i) within licensed premises, or in a 23
regulated place located in the vicinity 24
of licensed premises; or 25
(ii) in a public place located in a safe night 26
precinct--60 penalty units; or 27
(b) for contravening another requirement or 28
direction relating to a relevant law for which 29
the penalty for a contravention of a similar 30
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requirement or direction made by a public 1
official under the relevant law is more than 2
40 penalty units--the maximum penalty 3
under the relevant law for the offence; or 4
(c) otherwise--40 penalty units. 5
Clause 122 Amendment of sch 6 (Dictionary) 6
(1) Schedule 6, definitions licensed premises and photograph-- 7
omit. 8
(2) Schedule 6-- 9
insert-- 10
approved operator, for chapter 19, part 5B, see 11
section 602R. 12
approved ID scanning system, for chapter 19, 13
part 5B, see section 602R. 14
banning order, for chapter 19, part 5B, see 15
section 602R. 16
centre officer, in relation to a sober safe centre, 17
for chapter 14, part 5, division 2, see section 18
390A. 19
destroy, an image, for chapter 19, part 5B, see 20
section 602R. 21
distribute, an imaged order, for chapter 19, part 22
5B, see section 602R. 23
ending time, for an initial police banning notice, 24
for chapter 19, part 5A, see section 602A. 25
extended police banning notice, for chapter 19, 26
part 5A, see section 602F(2). 27
health care professional, for chapter 14, part 5, 28
division 2, see section 390A. 29
image, of a person, for chapter 19, part 5B, see 30
section 602R. 31
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imaged order, for chapter 19, part 5B, see section 1
602T(2). 2
initial police banning notice, for chapter 19, part 3
5A, see section 602C(1). 4
intoxicated, in relation to a person, means the 5
person is adversely affected by an intoxicating 6
substance. 7
licensed premises-- 8
(a) means licensed premises within the meaning 9
of the Liquor Act 1992; and 10
(b) includes a place to which a permit under that 11
Act relates. 12
manager, of a sober safe centre, for chapter 14, 13
part 5, division 2, see section 390A. 14
nuisance offence means an offence for any of the 15
following-- 16
(a) contravening a direction of a police officer 17
under section 791 if the direction is given by 18
the officer exercising a power under chapter 19
2, part 5; 20
(b) public nuisance under the Summary 21
Offences Act 2005, section 6; 22
(c) urinating in a public place under the 23
Summary Offences Act 2005, section 7. 24
Note-- 25
Chapter 2, part 5 deals with directions to move on. 26
photograph, when used as a verb-- 27
(a) generally, includes photocopy, videotape, 28
and record an image, whether digitally or in 29
another way; but 30
(b) for chapter 19, part 5B, does not include 31
videotaping an image. 32
police banning notice see section 602B. 33
Page 144
Safe Night Out Legislation Amendment Bill 2014
Part 10 Amendment of Summary Offences Act 2005
[s 123]
prescribed safe night precinct, for a sober safe 1
centre, for chapter 14, part 5, division 2, see 2
section 390A. 3
relevant assault offence, for chapter 18A, see 4
section 548B. 5
relevant public place, for chapter 19, part 5A, see 6
section 602A. 7
respondent, for a police banning notice, see 8
section 602A. 9
responsible person, for chapter 14, part 5, 10
division 2, see section 390A. 11
safe night precinct see the Liquor Act 1992, 12
section 173NC(1). 13
sober safe centre means a place prescribed by 14
regulation as a place to be used for the temporary 15
detention and care of intoxicated persons under 16
chapter 14, part 5, division 2. 17
starting time, for an initial banning notice, for 18
chapter 19, part 5A, see section 602D(a). 19
Part 10 Amendment of Summary 20
Offences Act 2005 21
Clause 123 Act amended 22
This part amends the Summary Offences Act 2005. 23
Clause 124 Amendment of s 6 (Public nuisance) 24
Section 6(1), penalty-- 25
omit, insert-- 26
Maximum penalty-- 27
Page 145
Safe Night Out Legislation Amendment Bill 2014
Part 10 Amendment of Summary Offences Act 2005
[s 125]
(a) if the person commits a public nuisance 1
offence within licensed premises, or in the 2
vicinity of licensed premises--25 penalty 3
units or 6 months imprisonment; or 4
(b) otherwise--10 penalty units or 6 months 5
imprisonment. 6
Clause 125 Amendment of s 7 (Urinating in a public place) 7
Section 7(1), penalty-- 8
omit, insert-- 9
Maximum penalty-- 10
(a) if the person urinates within licensed 11
premises, or in the vicinity of licensed 12
premises--4 penalty units; or 13
(b) otherwise--2 penalty units. 14
Clause 126 Replacement of s 10 (Being drunk in a public place) 15
Section 10-- 16
omit, insert-- 17
10 Being intoxicated in a public place 18
(1) A person must not be intoxicated in a public 19
place. 20
Maximum penalty--2 penalty units. 21
(2) In this section-- 22
intoxicated means drunk or otherwise adversely 23
affected by drugs or another intoxicating 24
substance. 25
Page 146
Safe Night Out Legislation Amendment Bill 2014
Part 11 Amendment of Vicious Lawless Association Disestablishment Act 2013
[s 127]
Part 11 Amendment of Vicious Lawless 1
Association Disestablishment 2
Act 2013 3
Clause 127 Act amended 4
This part amends the Vicious Lawless Disestablishment Act 5
2013. 6
Clause 128 Amendment of sch 1 (Declared offences) 7
Schedule 1, entries for the Criminal Code-- 8
insert-- 9
· section 302A (Unlawful striking causing death) 10
Part 12 Amendment of Victim of Crime 11
Assistance Act 2009 12
Clause 129 Act amended 13
This part amends the Victim of Crime Assistance Act 2009. 14
Clause 130 Amendment of sch 3 (Dictionary) 15
Schedule 3, definition more serious act of violence, paragraph (a), 16
after `murder,'-- 17
insert-- 18
unlawful striking causing death, 19
Page 147
Safe Night Out Legislation Amendment Bill 2014
Part 13 Amendment of Wine Industry Act 1994
[s 131]
Part 13 Amendment of Wine Industry 1
Act 1994 2
Clause 131 Act amended 3
This part amends the Wine Industry Act 1994. 4
Clause 132 Amendment of s 36 (Wine prohibited to certain persons) 5
Section 36-- 6
insert-- 7
(2) For subsection (1), a person may be taken to be 8
unduly intoxicated if-- 9
(a) the person's speech, balance, co-ordination 10
or behaviour is noticeably affected; and 11
(b) there are reasonable grounds for believing 12
the affected speech, balance, co-ordination 13
or behaviour is the result of the consumption 14
of liquor, drugs or another intoxicating 15
substance. 16
Clause 133 Amendment of sch 2 (Dictionary) 17
Schedule 2, definition unduly intoxicated-- 18
omit. 19
20
© State of Queensland 2014
Authorised by the Parliamentary Counsel
Page 148
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