Potential breaches raised at hearing

QLS representatives Bridget Cook, Kate Brodnik and Caiti Betts at the hearing last week. Photo: Supplied

Queensland Law Society (QLS) identified potential breaches of fundamental legal principles when appearing before the Housing, Big Build and Manufacturing Committee at last week’s public hearing on the Agriculture and Fisheries and Other Legislation Amendment Bill 2024.

QLS contends the potential breaches could lead to unintended consequences for those affected by the amendments.

This included concerns about limitations to be placed on appeal rights in Queensland Civil Administrative Tribunal (QCAT) and enhanced powers being given to authorised officers under the Biosecurity Act 2014 (Qld).  

The powers given to authorised officers are broad, breach fundamental legislative principles and have not been sufficiently justified by the Bill’s explanatory material.

QLS raised particular concerns regarding the amendments to the Fisheries Act 1994 (Qld) to require on-board video monitoring. QLS highlighted the ways in which the department could ensure that video-monitoring data captured by devices installed on relevant commercial fishing vessels is not misused and that relevant privacy principles are complied with.

Also addressed were amendments to the Biosecurity Act 2014 (Qld) to remove the requirement for authorised officers to attempt to seek consent before entering a premise and instead, just notifying the occupant. The rationale provided is that seeking consent before entering a premise can be confusing if consent is not given, but the authorised officers are able to enter anyway (in accordance with their powers under the act).


Rather than removing this requirement, QLS enquired as to whether better information needs to be given to occupants about their rights and obligations, and further training for authorised officers.

Read the QLS submission here and the supplementary submission here.

Share this article

Leave a Reply

Your email address will not be published. Required fields are marked *

Search by keyword