This week in Parliament: 18–20 February 2020
Queensland Parliament sat from 18 to 20 February 2020.
Bills Passed This Parliament
The following Bills were passed by the Legislative Assembly on 18 February 2020
1. Appropriation Bill (№2) 2019; and Appropriation (Parliament) Bill (№2) 2019
The Appropriation Bill (№2) 2019 and the Appropriation (Parliament) Bill (№2) 2019 were both introduced on 19 September 2019 by the Honourable Jacklyn Trad MP, Deputy Premier, Treasurer and Minister for Aboriginal and Torres Strait Islander Partnerships. Both Bills were passed on 18 February 2020, and received assent on 21 February 2020.
The explanatory notes of both Bills indicate that the appropriation bills sought supplementary appropriation due to unforeseen expenditure in the 2018–19 financial year.
The following Bill was passed by the Legislative Assembly on 19 February 2020
1. Implementation of The Spit Master Plan Bill 2019
The Implementation of the Spit Master Plan Bill 2019 was introduced on 26 November 2019 by the Honourable Cameron Dick MP, Minister for State Development, Manufacturing, Infrastructure and Planning and was passed with amendment on 19 February 2020.
The explanatory notes indicate that:
The Bill amends the Gold Coast Waterways Authority Act 2012, Land Act 1994 and the Planning Act 2016.
The objective of the Bill is to facilitate implementation of The Spit Master Plan (the master plan), which was released in May 2019 by the State Government.
In order to achieve this policy objective, the Bill seeks to:
- Streamline the processes for the granting of particular interests in land and road closures in the master plan area to accelerate the site release program;
- Expand the Gold Coast Waterways Authority’s roles, scope and capabilities to enable it to deliver the capital works program;
- Clarify the intended scope of compensation rights under the Planning Act 2016 (Planning Act) in relation to an “adverse planning change”, in particular that compensation is available in relation to development that is assessable development, both before and after the adverse planning change; and
- Include transitional arrangements to ensure that any ‘affected owner’ who may have been unable to claim compensation as a result of the current provisions may do so within six months of the commencement.
Read the Bill as introduced in full here. The amendments moved and agreed during consideration in detail are here.
See the explanatory notes here.
The following Bills were passed by the Legislative Assembly on 20 February 2020
1. Community Based Sentences (Interstate Transfer) Bill 2019
The Community Based Sentences (Interstate Transfer) Bill 2019 was introduced on 21 August 2019 by the Honourable Mark Ryan MP, Minister for Police and Minister for Corrective Services. The Bill was passed on 20 February 2020.
The explanatory notes indicate that:
The objective of the Bill is to establish Queensland’s participation in a national scheme for the formal transfer and enforcement of community based sentences between Australian jurisdictions.
Queensland’s participation in the national scheme mitigates the risks associated with current informal transfer arrangements by:
- providing an ability for an offender to have their community based sentence formally transferred and registered in an interstate jurisdiction;
- ensuring that appropriate management and supervision of the community based sentence can occur in the receiving interstate jurisdiction;
- ensuring that any contravention of an offender’s community based sentence can be dealt with in the receiving interstate jurisdiction; and
- limiting the requirement for costly enforcement and extradition action following an offender’s contravention of a community based sentence interstate.
The Bill creates a new standalone Act in Queensland to implement the nationally agreed legislative framework facilitating the transfer of community based sentences across Australia, in accordance with the model legislation.
Community based sentences currently available in Queensland that may be transferred under the scheme are:
- probation orders;
- community service orders;
- graffiti removal orders;
- intensive correction orders; and
- drug and alcohol treatment orders.
The Bill provides the ability for adult offenders with a community based sentence to transfer the supervision and administration of their sentence to a new jurisdiction, provided the requirements of the legislation are satisfied. The requested receiving jurisdiction has the ability to decline a transfer, or impose certain preconditions before registering the interstate sentence.
Read the Bill in full here.
See the explanatory notes here.
See also the QLS submission on the Bill, as well as the Legal Affairs and Community Safety Committee Report which acknowledged and discussed key points raised by QLS through the consultation process.
2. Police Powers and Responsibilities and Other Legislation Amendment Bill 2019
The Police Powers and Responsibilities and Other Legislation Amendment Bill 2019 was introduced on 18 September 2019 by the Honourable Mark Ryan MP, Minister for Police and Minister for Corrective Services. The Bill was passed with amendment on 20 February 2020.
The explanatory notes indicate that:
The main objectives of the Bill are to:
- Clarify powers of law enforcement to access information on or through electronic devices so there is no ambiguity as to the scope of information that can be lawfully accessed;
- Enhance the operations of the Weapons Licensing Branch of the Queensland Police Service (QPS); and
- Create efficiencies for the QPS in general and increase community safety.
The Bill amends the:
- Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
- Crime and Corruption Act 2001
- Criminal Code
- Domestic and Family Violence Protection Act 2012
- Police Powers and Responsibilities Act 2000
- Public Safety Preservation Act 1986
- Weapons Act 1990
- Weapons Categories Regulation 1997
- Weapons Regulation 2016
As summarised in the explanatory notes, key amendments to the Police Powers and Responsibilities Act 2000 (PPRA) have been passed to:
- clarify that powers about accessing information on or through electronic devices will apply to the access of any device information (within relevant safeguards and criteria), including information accessible through social media and email accounts;
- enable the voluntary transfer of the ownership of an impounded vehicle to the State;
- amend the definition of ‘controlled activity’ to reflect modern practices through omitting reference to outdated terminology;
- broaden the level of approval required for the authorisation of controlled operations;
- clarify that the use of a surveillance device warrant for a named person captures a vehicle;
- reduce the regulatory burden through the repeal of provisions concerning the sober safe centre trial; and
- reduce the minimum holding time of ‘found property’ by the QPS from 60 to 30 days.
As summarised in the explanatory notes, key amendments to the Weapons Act 1990 (Weapons Act) have been passed to:
- amend the definition of ‘magazine’ to ensure this term is consistently applied between the Weapons Act, Weapons Regulation and Categories Regulation;
- expand the suspension period for weapons licences from 30 to 90 days;
- oblige armourers, who by modifying a firearm place the firearm into a new category under the Categories Regulation to ensure the firearm’s owner is licensed to possess the firearm under the new category; to record the modification in the weapons register kept at their premises; and notify Weapons Licensing of the modification.
As summarised in the explanatory notes, key amendments to the Domestic and Family Violence Protection Act 2012 (DFVPA) have been passed to:
- enable the search of a person given a direction to move and who is to be transported under section 134A of the DFVPA; and
- broaden delegated QPS persons able to share information for the purposes of the DFVPA.
Proposed amendments to the Prostitution Act 1999 were removed from the Bill. As outlined in the explanatory notes relevant to the amendment of the Bill, the Honourable Yvette D’Ath MP, Attorney-General and Minister for Justice, intends to refer the development of an appropriate regulatory framework for the sex industry to the Queensland Law Reform Commission.
In its submission to the Bill, QLS raised significant concerns regarding amendments to the PPRA. QLS outlined that the proposed search powers relevant to electronic devices are ‘extraordinarily invasive’, noting that ‘Such a broad power, unfettered by any checks and balances, has enormous implications for privacy and commercial confidentiality in the modern world. There is also the potential for abuse of this broad power.’
Read the Bill as introduced in full here. The amendments moved and agreed during consideration in detail are here.
See the explanatory notes here, and the explanatory notes on amendments made to the Bill here.
3. Natural Resources and Other Legislation (GDA2020) Amendment Bill 2019
The Natural Resources and Other Legislation (GDA2020) Amendment Bill 2019 was introduced on 23 October 2019 by the Honourable Dr Anthony Lynham MP, Minister for Natural Resources, Mines and Energy. The Bill was passed on 20 February 2020.
The Bill amends the:
- Cape York Peninsula Heritage Act 2007
- Geothermal Energy Act 2010
- Gold Coast Waterways Authority Act 2012
- Greenhouse Gas Storage Act 2009
- Land Act 1994
- Land Title Act 1994
- Mineral and Energy Resources (Common Provisions) Act 2014
- Mineral Resources Act 1989
- Petroleum Act 1923
- Petroleum and Gas (Production and Safety) Act 2004
- South Bank Corporation Act 1989
- Survey and Mapping Infrastructure Regulation 2014
- Transport Infrastructure Act 1994
The explanatory notes indicate that:
The policy objectives of the Bill are to:
- Implement the new national standard of measurement of position, Geocentric Datum Australia 2020 (GDA2020), for the future collection and provision of location data;
- Clarify the historical datum for position references or upgrade position references to GDA2020 (where appropriate);
- Ensure that Queensland legislation is responsive to national measurement standards as they evolve or new ones are adopted;
- Improve the effectiveness of processes for renewing term leases, land title registration, making model by-laws for trust land, and for conducting ballots for interests in state land;
- Enhance and clarify land titling processes;
- Enable the Queensland Government to give effect to commitments given as part of an Indigenous Land Use Agreement to grant unallocated state land (USL) as freehold, without competition, to the Traditional Owners of the land; and
- Extend the boundary of the Cape York Peninsula region to include additional land parcels that are either properties added to the Daintree National Park or state land adjacent to the park.
Read the Bill in full here.
See the explanatory notes here.
Subordinate legislation
Subordinate Legislation notified on the Queensland Legislation website from 8th February 2020 to 24th February 2020.
See the Queensland Legislation website for more detail on subordinate legislation notified in 2020
1. SL No10 of 2020: Electoral and Other Legislation Amendment Regulation 2020
2. SL No11 of 2020: Proclamation №2 — Health Practitioner Regulation National Law and Other Legislation Amendment Act 2019 (commencing remaining provisions)
3. SL No12 of 2020: Nature Conservation (Wildlife Management) (Low Impact Activities) Amendment Regulation 2020
4. SL No13 of 2020: Public Health (Further Extension of Declared Public Health Emergency — Coronavirus (2019-nCoV)) Regulation (№2) 2020
5. SL No14 of 2020: State Development and Public Works Organisation (New Performing Arts Venue) Amendment Regulation 2020
6. SL No15 of 2020: State Development and Public Works Organisation (State Development Areas) (Cairns South) Amendment Regulation 2020
7. SL No16 of 2020: Health Legislation Amendment Regulation 2020
8. SL No17 of 2020: Water Fluoridation Regulation 2020
9. SL No18 of 2020: Proclamation №1 — Heavy Vehicle National Law and Other Legislation Amendment Act 2019 (commencing certain provisions)
10. SL No19 of 2020: Heavy Vehicle National Legislation Amendment Regulation 2020
11. SL No20 of 2020: State Penalties Enforcement (Heavy Vehicle National Law) Amendment Regulation 2020
12. SL No21 of 2020: Proclamation №1 — Health Transparency Act 2019 (commencing certain provisions)
13. SL No22 of 2020: Health Transparency Regulation 2020
Queensland Government Gazette
The Queensland Government Gazettes for 2020 are available online here.
Parliamentary Sitting Dates
As indicated on the parliamentary website (linked here), the Queensland Parliament is scheduled to sit on the following dates for the remainder of 2020:
17 to 19 March
31 March to 2 April
14 to 16 July
4 to 5 August
18 to 20 August
15 to 17 September
1 to 3 December
8 to 10 December (tentative)
