Queensland Parliament sat from 28 March to 30 March 2023.
Bills introduced
The following Bills were introduced into the Legislative Assembly:
- Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Bill 2023
Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Bill 2023
On 29 March 2023, the Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence, Shannon Fentiman, introduced the Criminal Code (Serious Vilification and Hate Crimes) and Other Legislation Amendment Bill 2023.
On 31 January 2022, the Legal Affairs and Safety Committee (LASC) tabled its report, ‘Inquiry into serious vilification and hate crimes’ (No.22, 57th Parliament) (the LASC Report).
The objective of the Bill is to give effect to recommendations 7, 8, 9 and 16 of the LASC Report. These recommendations are that the Queensland Government:
- Investigate the viability of removing the requirement for written consent of a Crown law officer before commencing a prosecution for serious racial, religious, sexuality or gender identity vilification under section 131A of the Anti-Discrimination Act 1991 (AD Act).
- Introduce a statutory aggravation regarding hate/serious vilification into the Criminal Code Act 1899 and Summary Offences Act 2005 to apply to criminal conduct.
- Relocate section 131A (Offence of serious racial, religious, sexuality or gender identity vilification) from the AD Act into the Criminal Code.
- Establish a criminal offence that prohibits the display of hate symbols, including those relating to Nazi and ISIS ideology, with considered exceptions.
The Bill amends the:
- Anti-Discrimination Act 1991
- Criminal Code Act 1899
- Police Powers and Responsibilities Act 2000
- Summary Offences Act 2005
Useful resources:
The Bill was referred to the Legal Affairs and Safety Committee for inquiry. The committee is finalising arrangements for this inquiry. For more details regarding the inquiry process, visit the committee website.
Legislation passed this Parliament
The following legislation was passed by the Legislative Assembly:
- Police Powers and Responsibilities (Jack’s Law) Amendment Bill 2022
- Police Service Administration and Other Legislation Amendment Bill (No.2) 2022
- Environmental Protection and Other Legislation Amendment Bill 2022
- Housing Legislation Amendment Bill 2022
Police Powers and Responsibilities (Jack’s Law) Amendment Bill 2022
On 30 November 2022, the Minister for Police and Minister for Corrective Services, Mark Ryan, introduced the Police Powers and Responsibilities (Jack’s Law) Amendment Bill 2022.
The Bill was referred to the Community Support and Services Committee for inquiry.
The Bill was passed without amendment on 30 March 2023 and assented to on 2 April 2023, becoming Act No.4 of 2023.
The objective of the Bill is to extend and expand the trial of hand-held scanner provisions to detect unlawfully possessed knives beyond the Surfers Paradise and Broadbeach safe night precincts.
The Bill will achieve this objective by amending the Police Powers and Responsibilities Act 2000 to:
- extend the expiry date of the scanning provisions to 30 April 2025
- increase the scope of prescribed public areas for scanning to include all 15 safe night precincts and all public transport stations, including public transport vehicles, and
- strengthen the criteria that a senior police officer must consider before approving the use of a hand-held scanner device.
The Bill amends the:
- Police Powers and Responsibilities Act 2000
Useful resources:
Police Service Administration and Other Legislation Amendment Bill (No.2) 2022
On 27 October 2022, the Minister for Police and Minister for Corrective Services, Mark Ryan, introduced the Police Service Administration and Other Legislation Amendment Bill (No.2) 2022.
The Bill was referred to the Community Support and Services Committee for inquiry.
The Bill was passed without amendment on 30 March 2023.
The objectives of the Bill are to deliver operational improvements and efficiencies for the Queensland Police Service and Queensland Fire and Emergency Services. In particular, the Bill aims to:
- improve the police discipline system by amendment to the Police Service Administration Act 1990 (PSAA)
- provide for the summary dismissal of police officers or police recruits who are sentenced to imprisonment for an offence
- remove duplicated and obsolete provisions of the PSAA and Police Powers and Responsibilities Act 2000
- amend the Weapons Act 1990 so that licensing functions can be carried out more efficiently
- amend the Fire and Emergency Services Act 1990 and the Disaster Management Act 2003 to support the ongoing effectiveness of services delivered by the Queensland Fire and Emergency Services.
The Bill amends the:
- Disaster Management Act 2003
- Fire and Emergency Services Act 1990
- Police Powers and Responsibilities Act 2000
- Police Service Administration Act 1990
- Police Service Administration Regulation 2016
- Weapons Act 1990
- and the Acts mentioned in schedule 1 of the Bill
Useful resources:
Environmental Protection and Other Legislation Amendment Bill 2022
On 12 October 2022, the Minister for the Environment and the Great Barrier Reef and Minister for Science and Youth Affairs, Meaghan Scanlon, introduced the Environmental Protection and Other Legislation Amendment Bill 2022.
The Bill was referred to the Health and Environment Committee for inquiry.
The Bill was passed with amendment on 29 March 2023.
The primary policy objective of the Bill is to improve administrative efficiency and ensure the regulatory frameworks within the Environment portfolio remain contemporary, effective and responsive. Specifically, the Bill amends the:
- Environmental Protection Act 1994 to support industry, streamline and clarify regulatory processes, better protect the environment and improve community input and transparency
- Waste Reduction and Recycling Act 2011 to make minor, technical refinements related to administrative processes and interpretation, and
- Wet Tropics World Heritage Protection and Management Act 1993 and Land Title Act 1994 in response to a review of the Wet Tropics Management Plan 1998. The changes better protect the Wet Tropics of Queensland World Heritage Area, improve user understanding, align with other legislation and contemporise drafting.
Amendments were moved during consideration in detail to achieve its policy objectives by:
- Amending clause 2 of the Bill to delay the commencement of sections 102 and 121; and 125(2), to the extent it inserts a definition for a body-worn camera, to a day to be fixed by proclamation;
- Amending Schedule 1 to remove reference to section 284B(2) as this section is redundant, and
- Amending the long title of the Bill to correct the incorrect reference year in the Waste Reduction and Recycling Act 2011.
The Bill amends the:
- Environmental Protection Act 1994
- Environmental Protection Regulation 2019
- Land Title Act 1994
- Waste Reduction and Recycling Act 2001
- Wet Tropics World Heritage Protection and Management Act 1993
Queensland Law Society provided a submission on the Bill.
Useful resources:
- Parliamentary Report
- Bill
- Explanatory Note
- Statement of Compatibility
- Explanatory Speech
- Committee
- Amendment in Consideration – Government Agreed
- Amendment in Consideration – Explanatory Note
- Amendment in Consideration – Statement of Compatibility
Housing Legislation Amendment Bill 2022
On 27 October 2022, the Minister for Communities and Housing, Minister for Digital Economy and Minister for the Arts, Leeanne Enoch, introduced the Housing Legislation Amendment Bill 2022.
The Bill was referred to the Community Support and Services Committee for inquiry.
The Bill was passed with amendment on 28 March 2023.
The policy objectives of the Bill are to establish a charitable donation deed model in Queensland, and to increase transparency, accountability, and consistency of financial reporting in Queensland retirement villages.
Amendments were moved during consideration in detail to achieve its policy objectives by:
- Inserting the words “in the State” at subsection 94I(b)(ii)(A) to remove any ambiguity in the interpretation of the provision and clarify the policy intent that funds raised under a charitable donation deed must be used to provide, or to assist to provide, social and affordable housing in Queensland, and
- Inserting the words “or a registered owner of the lot” at subsection 94K(1)(b) to ensure that a registered owner of a lot can request that the registrar of titles remove an Administrative Advice whether or not they are a party to the donation deed.
The Bill amends the:
- Housing Act 2003
- Housing Regulation 2015
- Retirement Villages Act 1999
Queensland Law Society provided a submission on the Bill.
Useful resources:
- Parliamentary Report
- Bill
- Explanatory Note
- Statement of Compatibility
- Explanatory Speech
- Committee
- Amendment in Consideration – Government Agreed
- Amendment in Consideration – Explanatory Note
- Amendment in Consideration – Statement of Compatibility
Second reading
Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022
On 30 March 2023, the second reading for the Monitoring of Places of Detention (Optional Protocol to the Convention Against Torture) Bill 2022 was adjourned.
Queensland Law Society provided a submission on the Bill.
Useful resources:
Subordinate legislation
Subordinate Queensland Legislation notified in 2022 is available online.
Subordinate Legislation notified on the Queensland Legislation website on 31 March 2023:
- SL No.20 of 2023: Police Service Administration (Transfer of Executive Officer) Amendment Regulation 2023
- SL No.21 of 2023: Public Records (Commission of Inquiry into Forensic DNA Testing in Queensland) Amendment Regulation 2023
- SL No.22 of 2023: Motor Accident Insurance and Other Legislation (Administration Fee and Levies) Amendment Regulation 2023
- SL No.23 of 2023: Public Trustee (Interest Rate) Amendment Regulation (No.3) 2023
- SL No.24 of 2023: Transport and Other Legislation Amendment Regulation 2023
- SL No.25 of 2023: Forestry (State Forests) and Other Legislation Amendment Regulation 2023
Queensland Government Gazette
The Queensland Government Gazettes for 2023 are available online.
Parliamentary sitting dates
As indicated on the parliamentary website, the Queensland Parliament is currently scheduled to next sit on 18 to 20 April 2023.
Bridget Cook is a Queensland Law Society Senior Policy Solicitor and Jaime Gunning is a Law Clerk on the QLS policy team.
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