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Summary Offences (Knife Crime) Bill passed

Queensland Parliament sat from 13 February to 15 February 2024.

Bills Introduced:

The following bills were introduced into the Legislative Assembly:

  • Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2024
  • Clean Economy Jobs Bill 2024
  • Corrective Services (Promoting Safety) and Other Legislation Amendment Bill 2024
  • Crime and Corruption and Other Legislation Amendment Bill 2024
  • Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024
  • Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 2024

Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2024

On 14 February 2024, the Hon Meaghan Scanlon MP, Minister for Housing, Local Government and Planning and Minister for Public Works introduced the Building Industry Fairness (Security of Payment) and Other Legislation Amendment Bill 2024 into the Queensland Parliament.

The explanatory notes indicate the objectives of the Bill are to:

  • Clarify and simplify the following matters through amendments to the Building Industry Fairness (Security of Payment) Act 2017:
    • who is a ‘subcontractor beneficiary’ of a project trust
    • trust account ledger and record keeping requirements
    • retention amount deposits must include GST
    • independent review requirements for trust accounts
    • transitional application of project trust account and retention trust account eligibility
    • Queensland Building and Construction Commission’s (QBCC’s) ability to share information with the Department of Housing, Local Government, Planning and Public Works (the department) for the purposes of assessing the efficacy of policy.
  • Implement recommendations from the QBCC Governance Review 2022 Report to:
    • reduce the Queensland Building and Construction Board to seven members and publish a conflict-of-interest register for the Board through amendments to the Queensland Building and Construction Commission Act 1991 (QBCC Act)
    • transfer the responsibility for prescribing technical qualification requirements for licensing under the Plumbing and Drainage Act 2018  and the Building Act 1975 from the QBCC to the department.
  • Progress minor amendments to clarify existing provisions, improve registration and regulatory processes, facilitate QBCC’s ability to share information with the department, and support industry and consumers through amendments to the Building Industry Fairness (Security of Payment) Act 2017, QBCC Act, Architects Act 2002 and Professional Engineers Act 2002.

The Bill amends the:

  • Architects Act 2002
  • Building Act 1975
  • Building Industry Fairness (Security of Payment) Act 2017
  • Plumbing and Drainage Act 2018
  • Professional Engineers Act 2002
  • Queensland Building and Construction Commission Act 1991

Useful Resources:

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The Bill was referred to the Housing, Big Build and Manufacturing Committee for inquiry. Submissions to the inquiry will close at 10am on Friday, 8 March 2024 and a public hearing is scheduled to be held on Monday, 18 March 2024. For further details regarding the inquiry process, visit the committee’s website here.

Clean Economy Jobs Bill 2024

On 14 February 2024, the Hon Steven Miles MP, Premier, introduced the Clean Economy Jobs Bill 2024 into the Queensland Parliament.

The explanatory notes indicate the Bill aims to support jobs and secure Queensland’s economic future by enshrining the state’s emissions reduction commitments in law.

These targets are:

  • 30 per cent reduction below 2005 levels by 2030
  • 75 per cent reduction below 2005 levels by 2035
  • net zero emissions by 2050.

By legislating the targets, the Bill aims to:

  • create policy certainty to attract investment in new industries and in decarbonising the State’s existing industries
  • support the creation of more job opportunities in Queensland’s emerging clean economy industries and in existing industries.

To achieve its objectives, the Bill proposes to establish a new Act that:

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  • sets out Queensland’s emissions targets as identified above
  • establishes a requirement to set emissions reduction targets for 2040 and 2045 at least 10 years in advance
  • requires annual reporting to the Queensland Parliament on the progress towards achieving Queensland’s emissions reduction targets
  • provides for the development of emissions reduction plans for sectors
  • establishes an expert panel to provide advice on emissions reduction progress, and efficient and cost-effective ways to reduce emissions that best support jobs and growth, without exacerbating cost of living pressures.

Useful resources:

The Bill was referred to the Clean Energy Jobs, Resources and Transport Committee for inquiry. The committee is finalising arrangements for this inquiry. For further details regarding the inquiry process, visit the committee’s website here.

Corrective Services (Promoting Safety) and Other Legislation Amendment Bill 2024

On 13 February 2024, the Hon Nikki Boyd MP, Minister for Fire and Disaster Recovery and Minister for Corrective Services, introduced the Corrective Services (Promoting Safety) and Other Legislation Amendment Bill 2024 into the Queensland Parliament.

The explanatory notes indicate the main objectives of the Bill are to: 

  • enhance the legislative framework for the Queensland Corrective Services Victims Register to promote the safety and wellbeing of victims engaging with the service;
  • require representation for victims on the Parole Board Queensland;
  • strengthen powers to respond to abuse of prisoner communication channels;
  • enable the use of certain police powers for reportable child sex offenders being supervised under the Dangerous Prisoners (Sexual Offenders) Act 2003;
  • increase the penalty for possession of a gel blaster on corrective services land;
  • protect the use of victim and intelligence information to support effective decision making;
  • clarify the authority for corrective services officers to use body-worn cameras while in the community;
  • prescribing search requirements to accommodate diverse prisoner needs;
  • update legislative requirements to support the independence, diversity and efficient administration of the Board;
  • enable QCS to lawfully detain prisoners from Norfolk Island in line with the Queensland Government’s commitments under the Intergovernmental Partnership Agreement on State Service Delivery to Norfolk Island; and
  • other minor and technical issues to support the continued safe operations of corrective services.

The Bill amends the:

  • Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
  • Corrective Services Act 2006
  • Corrective Services Regulation 2017
  • Parole Orders (Transfer) Act 1984
  • Police Powers and Responsibilities Act 2000

Useful resources:

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The Bill was referred to the Community Safety and Legal Affairs Committee for inquiry. Submissions to the inquiry will close at 4:00pm on Thursday 29 February 2024 and a public hearing is scheduled for Monday 18 March 2024. For further details regarding the inquiry process, visit the committee’s website, here.

Crime and Corruption and Other Legislation Amendment Bill 2024

On 15 February 2024, the Hon Yvette D’Ath MP, Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, introduced the Crime and Corruption and Other Legislation Amendment Bill 2024 into the Queensland Parliament.

The overarching objective of the Bill is to improve the operation and performance of the Crime and Corruption Commission through making a range of legislative amendments, principally to the Crime and Corruption Act 2001.

The majority of the Bill’s amendments implement the Government’s response to various recommendations in the following reports: 

  • the Parliamentary Crime and Corruption Committee’s (PCCC) Report No. 97, Review of the Crime and Corruption Commission;
  • the PCCC’s Report No. 106, Review of the Crime and Corruption Commission’s activities;
  • the PCCC’s Report No. 108, Inquiry into the Crime and Corruption Commission’s investigation of former councillors of Logan City Council; and related matters; and
  • the report of the Commission of Inquiry relating to the Crime and Corruption Commission.

The Bill also makes other key policy changes to:

  • apply journalist shield laws to the Crime and Corruption Commission (CCC);
  • enable the CCC to give notices by email and allow the appearance of a person via audio and audiovisual link at CCC hearings in certain circumstances; 
  • ensure inspecting entities can report on contraventions of telecommunications interception warrant conditions or restrictions; and 
  • permit the transfer of the data and records of the Inquiry into the Future Role, Structure, Powers and Operations of the Criminal Justice Commission (known as the Connolly-Ryan Inquiry) to Queensland State Archives (QSA) for storage while retaining the role of the Parliamentary Crime and Corruption Commissioner (Parliamentary Commissioner) in determining applications for access to the data and records.

The Bill amends the:

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  • Crime and Corruption Act 2001
  • Public Interest Disclosure Act 2010
  • Public Sector Act 2022
  • Right to Information Act 2009
  • Telecommunications Interception Act 2009

Useful resources:

The Bill was referred to the Community Safety and Legal Affairs Committee for inquiry. Submissions to the inquiry will close at 10am on Friday, 23 February 2024. For details regarding the inquiry process, visit the committee’s website here.

Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024

On 15 February 2024, the Hon Yvette D’Ath MP, Attorney-General, Minister for Justice and Minister for the Prevention of Domestic and Family Violence introduced the Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024 into the Queensland Parliament.

The explanatory note indicates the objective of the Bill is to establish a legal framework that will enact a safe, decriminalised sex work industry in Queensland, while improving the health, safety, rights and legal protections for sex workers. The decriminalisation of the sex work industry also protects the rights of all individuals, while balancing the needs and expectations of the community.

The Bill establishes a decriminalised framework for the sex work industry based on the recommendations of the Queensland Law Reform Commission (QLRC) report: A decriminalised sex-work industry for Queensland

This includes:

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  • repealing sex work specific offences such as those relating to working alone or with others, public solicitation and sex work advertising, as located in the Criminal Code, Prostitution Act 1999 and Prostitution Regulation 2014
  • removing the current licensing system and specific obligations on brothel licensees relating to alarms, lighting and signs
  • repealing sex work specific health offences that are located in the Prostitution Act 1999 and Prostitution Regulation 2014
  • implementing the QLRC’s recommendations to update discrimination protections in the Anti-Discrimination Act 1991 
  • ensuring that the power to make local laws, which reside with local government authorities, should be restricted so that a local law must not be made which prohibits or regulates sex work or the conduct of sex work businesses
  • repealing sex work specific offences in the Criminal Code, and introducing a definition of ‘commercial sexual services’ in addition to new offences that address coercion and the exploitation of children in commercial sexual services
  • introducing a legislated review requirement to assess the operation and effectiveness of the new regulatory framework of the Bill and the decriminalised sex work industry in Queensland
  • implementing consequential amendments to reflect the decriminalisation of the sex work industry and removal of the brothel licensing system.

The Bill amends the:

  • Anti-Discrimination Act 1991
  • City of Brisbane Act 2010
  • Criminal Code
  • District Court of Queensland Act 1967
  • Liquor Act 1992
  • Local Government Act 2009
  • Penalties and Sentences Act 1992
  • Work Health and Safety Act 2011
  • Child Employment Act 2006
  • Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
  • Corrective Services Act 2006
  • Criminal Law (Rehabilitation of Offenders) Act 1986
  • Criminal Proceeds Confiscation Act 2002
  • Disability Services Act 2006
  • Industrial Relations Act 2016
  • Integrity Act 2009
  • Introduction Agents Act 2001
  • Judicial Review Act 1991
  • Police Powers and Responsibilities Act 2000
  • Public Health Act 2005
  • Public Sector Act 2022
  • Right to Information Act 2009
  • Transport Operations (Passenger Transport) Act 1994
  • Working with Children (Risk Management and Screening) Act 2000

The Bill repeals the:

  • Prostitution Act 1999

Useful Resources:

The Bill was referred to the Housing, Big Build and Manufacturing Committee for inquiry. Submissions to the inquiry will close at 10am on Friday, 8 March 2024 and a public hearing is scheduled to be held on 22 March 2024. For further details regarding the inquiry process, visit the committee’s website here.

Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 2024

On 13 February 2024, the Hon Leanne Linard MP, Minister for the Environment and the Great Barrier Reef and Minister for Science and Innovation, introduced the Environmental Protection (Powers and Penalties) and Other Legislation Amendment Bill 2024 into the Queensland Parliament.

The explanatory notes indicate the primary objective of the Bill is to ensure the powers and penalties in the Environmental Protection Act 1994 (EP Act) are contemporary and fit for purpose. The Bill aims to facilitate a more proactive approach to environmental risk management to prevent the community from being exposed to harm and remove barriers to streamline timely and effective regulatory responses to manage and restore environmental harm which has occurred.

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The objectives of the Bill will be achieved through:

  • clarifying and refining environmental policy principles;
  • rationalising statutory notices to ensure compliance with authorities, duties, and obligations and to respond to environmental harm events;
  • establishing a new duty to restore the environment and associating existing duties or obligations to offences; and
  • improving evidentiary provisions relating to court proceedings.

Most of the amendments in the Bill give effect to recommendations from retired Judge Richard Jones and Barrister Susan Hedge’s 2022 report, Independent Review of the Environmental Protection Act 1994 (Qld) Report: Independent review into the adequacy of existing powers and penalties.

The Bill achieves its objectives by amending the EP Act to:

  • prominently include the polluter pays principle, proportionality principle, principle of primacy of prevention and the precautionary principle as the identified environmental policy principles to be applied to the general administration of the EP Act
  • specify that a failure to comply with the general environmental duty is an offence where the failure of the duty is likely to cause serious or material environmental harm; 
  • replace the phrasing ‘reasonable and practicable’ with ‘reasonably practicable’ under the general environmental duty, and throughout the EP Act
  • ensure that, despite a matter having prescribed characteristics of environmental nuisance (for example, unreasonable interference from release of aerosols, fumes, light, noise, odour, particles or smoke), it may constitute serious or material environmental harm;
  • introduce a new compliance tool known as an ‘environmental enforcement order’ through combining the existing powers and scope available under environmental protection orders, direction notices and clean-up notices into one statutory notice to respond to environmental harm events.
  • clarify that an environmental enforcement order can be issued to the holder of an environmental authority, regardless of whether the environmental authority authorises, or purportedly authorises, the activity causing harm;
  • clarify that the administering authority may require a person to conduct or commission an environmental investigation about an activity or event causing harm, regardless of whether the activity is authorised by an environmental authority; 
  • improve the ‘notice of proposed amendment’ process
  • introduce a standalone duty to restore the environment, which requires that, if a person permits or causes contamination that results in environmental harm they must as far as reasonably practicable, restore the environment to the condition it was in before the harm occurred
  • expand the evidentiary provisions currently limited to criminal proceedings to be available in civil proceedings.

The Bill amends the:

  • Environmental Protection Act 1994
  • Environmental Protection Regulation 2019
  • State Penalties Enforcement Regulation 2014

Useful resources:

The Bill was referred to the Health, Environment and Agriculture Committee for inquiry. The committee is finalising arrangements for this inquiry. For further details regarding the inquiry process, visit the committee’s website here.

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Legislation passed this Parliament

The following legislation was passed by the Legislative Assembly:

  • Integrity and Other Legislation Amendment Bill 2023
  • Summary Offences (Prevention of Knife Crime) and Other Legislation Amendment Bill 2023

Integrity and Other Legislation Amendment Bill 2023

The Integrity and Other Legislation Amendment Bill 2023 was passed with amendment on 15 February 2024.

On 16 June 2023, the Premier and Minister for the Olympic and Paralympic Games, Annastacia Palaszczuk, introduced the Bill into Queensland Parliament.

The Bill represents the second key tranche of legislation (following the Integrity and Other Legislation Amendment Act 2022) to implement the Government’s response to recommendations from ‘Let the sunshine in: Review of culture and accountability in the Queensland public sector’ (Coaldrake Report) and the ‘Strategic Review of the Integrity Commissioner’s Functions’ (Yearbury Report).

The Bill was referred to the Economics and Governance Committee for inquiry. On 1 September 2023, the Economic and Governance Committee tabled its report, ‘Inquiry into the Integrity and Other Legislation Amendment Bill 2023’ (No. 51, 57th Parliament).

Queensland Law Society, provided a submission on the Bill, which can be found here.

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The explanatory notes advise that the Bill includes amendments to:

  • Increase regulation of lobbying activity to address the public perception of undue influence on governments, including by clarifying what lobbying activity is and enhancing the regulatory role of the Queensland Integrity Commissioner
  • Amend the conditions for registration as a lobbyist to reflect expectations around completing training and managing conflicts of interest
  • Introduce a prohibition on a registered lobbyist playing a ‘substantial’ role for a political party in an election campaign
  • Enhance core integrity bodies’ independence by increasing the involvement of parliamentary committees in additional funding proposals and contributing to key appointments
  • Enhance the jurisdiction of the Queensland Ombudsman to consider complaints about, and initiate investigations of government services provided by non-government entities
  • Establish the Office of the Queensland Integrity Commissioner as a statutory body
  • Clarify the trusts that the Auditor-General is required to audit.

Amendments were moved during consideration in detail to:

  • Commence certain provisions (prohibition of ‘dual hatting’ for lobbyists) 60 days after the date of assent, with the remaining provisions to continue to commence by proclamation.
  • Enable an extension of the 20-business day timeframe for a parliamentary committee to consider a key appointment to an integrity body.
  • Clarify the timing of tabling for independent audit reports of the Queensland Audit Office to ensure consistency with the Financial and Performance Management Standard 2019 (under the Financial Accountability Act 2009).
  • Add additional functions into the new long title of the Integrity Act 2009 to remove any doubt the Integrity Commissioner may perform those functions.
  • Authorise the Premier to nominate a person or person in a class of persons to be a ‘designated person’ for a short period of time, to allow that person to seek integrity advice in urgent circumstances.
  • Remove four remaining references to ‘senior officer’ in the Integrity Act 2009 to ensure consistency with the other amendments to be made by the Bill.
  • Strengthen the provisions that prohibit ‘dual hatting’ and disqualification from future registration as a lobbyist.
  • Provide for Integrity Commissioner advice to be requested by chiefs of staff and for ministerial advisors in respect of post-separation obligations.
  • Remove duplication of the description of a ‘third party client’ and contain it within the definition of the term.
  • Correct a legacy reference to the Energy Ombudsman Act 2006.
  • Update the definition of ‘government entity’ in the Integrity Act 2009 to ensure consistency with the Public Sector Act 2022.

Two additional amendments which were moved relate to the Evidence Act 1977 to ensure the sexual assault counselling privilege (SACP) framework operates as intended by:

  • expressly providing that the court may, for the purpose of deciding an application for leave, order that protected counselling communication be produced to it and consider the communication; and
  • clarifying that if protected counselling communication is produced to the court in accordance with an order, the court must not make the communication available, or disclose its contents, to the parties to the proceeding before deciding the application for leave under the SACP framework.

The Bill amends the:

  • Auditor-General Act 2009
  • Crime and Corruption Act 2001
  • Integrity Act 2009
  • Ombudsman Act 2001
  • Parliament of Queensland Act 2001
  • Right to Information Act 2009

Useful resources:

Summary Offences (Prevention of Knife Crime) and Other Legislation Amendment Bill 2023

The Summary Offences (Prevention of Knife Crime) and Other Legislation Amendment Bill 2023 was passed with amendment on 14 February 2024 and assented to on 19 February 2024. 

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See the Summary Offences (Prevention of Knife Crime) and Other Legislation Amendment Act 2024 for commencement details.

On 29 November 2023, the Minister for Police and Corrective Services and Minister for Fire and Emergency Services, Mark Ryan, introduced the Bill.

The Bill was referred to the State Development and Regional Industries Committee for inquiry. On 1 February 2024, the State Development and Regional Industries Committee tabled its report, ‘Inquiry into the Summary Offences (Prevention of Knife Crime) and Other Legislation Amendment Bill 2023’ (No. 54, 57th Parliament).

Queensland Law Society provided a submission on the Bill, which can be found here.

The objective of the Bill is to promote community safety, reduce youth offending and minimise the risks associated with knives and other dangerous items, by:

  • prohibiting the sale of knives and other weapons including machetes, axes (including a tomahawk), sickles or scythes, spear-guns, spears, and replica firearms (known as controlled items) to minors;
  • making it an offence for a person to falsely represent themselves as being over the age of 18 years for the purpose of being sold a controlled item;
  • requiring retailers to display signage advertising the legal prohibition against the sale of controlled items to minors;
  • prohibiting controlled items from being sold or advertised in a way that suggests the item is suitable for combat, intended to be used for violence, or likely to stimulate or encourage violent or criminal behaviour involving the item;
  • imposing obligations upon suppliers of particular controlled items to safely secure the items at retail locations; and
  • making consequential amendments to support these reforms, such as allowing a police officer to request to see proof of age if they see or reasonably suspect a person under the age of 18 has been sold a controlled item and authorising the police officer to seize the item under certain circumstances.

Amendments were moved during consideration in detail to introduce a transitional provision to the Bill stipulating that upon Assent of the Bill, for the purposes of section 46 of the Anti-Discrimination Act 1991, a person is not taken to discriminate against another person only because they refuse to sell a controlled item to a minor.

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The Bill amends the:

  • Police Powers and Responsibilities Act 2000
  • Summary Offences Act 2005

Useful resources:

Transport and Other Legislation Amendment Bill 2023

The Transport and Other Legislation Amendment Bill 2023 was passed with amendment on 15 February 2024 and assented to on 19 February 2024.  See the Transport and Other Legislation Amendment Act 2024 for commencement information.  

On 12 October 2023, the Honourable Mark Bailey MP, Minister for Transport and Main Roads and Minister for Digital Services, introduced the Bill into Queensland Parliament.

The Bill was referred to the Transport and Resources Committee for inquiry. On 24 November 2023, the Transport and Resources Committee tabled its report, ‘Inquiry into the Transport and Other Legislation Amendment Bill 2023’ (No. 43, 57th Parliament).

The explanatory notes provide that the objectives of the Bill are to:

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  • facilitate the transition of certain regulatory services from the Department of Transport and Main Roads (TMR) to the National Heavy Vehicle Regulator; and
  • improve road safety, streamline and improve administrative and legislative processes and clarify existing requirements.

Amendments were moved during consideration in detail to amend the Heavy Vehicle National Law Act 2012 (HVNL) in order to align the HVNL with the Australian Design Rules Safer Freight Vehicles package, specifically to increase overall vehicle width from 2.50m to 2.55m for heavy motor vehicles (excluding buses) fitted with safer freight vehicle technology (as applicable).

The Bill amends the:

  • Cross River Rail Delivery Authority Act 2016
  • Heavy Vehicle National Law Act 2012
  • Maritime Safety Queensland Act 2002
  • Motor Dealers and Chattel Auctioneers Act 2014
  • Sustainable Ports Development Act 2015
  • Transport Infrastructure Act 1994
  • Transport Operations (Passenger Transport) Act 1994
  • Transport Operations (Road Use Management) Act 1995
  • Transport Operations (Road Use Management – Road Rules) Regulation 2009
  • Transport Operations (Road Use Management – Vehicle Registration) Regulation 2021
  • Transport Planning and Coordination Act 1994
  • Transport Planning and Coordination Regulation 2017
  • Rural and Regional Adjustment Regulation 2011

Useful resources:

Second Reading:

  • Queensland Climate Transition Bill 2023 – Second Reading failed on 13 February 2024.

Subordinate Legislation

Subordinate Queensland Legislation notified in 2024 is available online.

Subordinate Legislation notified on the Queensland Legislation website from 2 December 2023 to 19 February 2024:

Queensland Government Gazette

The Queensland Government Gazettes for 2024 are available online.

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Parliamentary Sitting Dates

As indicated on the parliamentary website, the Queensland Parliament is currently scheduled to next sit from 5 March to 7 March 2024.

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