Parliamentary update

QLS has previously commented on the public consultation paper for these reforms to identify concerns about including overreach of closure orders and imposing criminal liability on a lessor for a lessee’s illegal activity.

We raised serious concerns about the proposal to allow the chief executive to issue closure orders for up to three months without judicial oversight, cautioning that this blurs the line between administrative action and punitive decision-making, which should remain within the courts.

We also strongly opposed provisions that would hold lessors criminally liable for illegal conduct by tenants, arguing that such measures unfairly penalise lessors who have no control over the actions of their lessees and could face significant financial and legal consequences.

The Bill

The Explanatory Notes outline the proposed measures intended to address the public health and safety issues stemming from the supply of illicit tobacco and illicit nicotine products, including vapes and nicotine pouches.
The amendments to the Tobacco and Other Smoking Products Act 1998 include:

• expanding ‘interim’ closure powers (issued by the chief executive) from 72 hours to 3 months
• expanding long term closure powers (issued by a Magistrate) from 6 months to 12 months
• introducing a new offence for continuing business operations when subject to a closure order
• introducing a new statutory power to enable a lessor to cancel a lease when a premises is subject to a closure order
• introducing a new offence where lessors knowingly permit premises to be used to supply or possess illicit tobacco or illicit nicotine products, and introducing civil penalty orders for knowingly or recklessly permitting premises to be used to supply or possess illicit tobacco or illicit nicotine products (as an alternative to criminal prosecution)
• new deeming provisions relating to executive officer liability for certain offences
• expanding existing seizure and forfeiture powers to allow authorised persons to seize and forfeit lawful smoking products (as compromised goods) when lawful goods are found alongside illicit tobacco or illicit nicotine products
• expanding existing entry powers to allow authorised persons to enter wholesale premises without a warrant or the occupier’s consent
• new powers to enable ‘controlled purchase officers’ to conduct covert operations, authorised by the chief executive and supervised by an authorised person chosen by the chief executive.

The Bill amends the:

• State Penalties Enforcement Regulation 2014
• Tobacco and Other Smoking Products Act 1998

The Bill, Explanatory Notes and Statement of Compatibility are available on the Committee Inquiry page. 

The Bill was introduced on 22 May 2025 and passed with amendment on 18 September 2025.

Urgent amendments were introduced and passed on the same day to prohibit drug checking, also known as pill testing, facilities in Queensland. 

Amendments were also made to clarify circumstances in which rural fire brigades can support communities during non-fire events, including severe weather events.

The explanatory note for the amendments outline the Government’s policy position and the Minister concluded that the amendments were compatible with human rights under the Human Rights Act 2019.

For more information about the Bill and the Committee inquiry, please read Making Qld Safer Amendment Bill passed – Proctor.

The Bill amends the:

• Fire Services Act 1990
• Pharmacy Business Ownership Act 2024
• Public Health Act 2005
• Queensland Mental Health Commission Act 2013
• Radiation Safety Act 1999
• Medicines and Poisons Act 2019
• Fire Services Act 1990

The Act amends sentencing laws to restrict the use of ‘good character’ evidence in cases involving sexual offenders. An offender’s good character may now only be considered as a mitigating factor if it directly relates to their prospects of rehabilitation or risk of reoffending.

The Act was passed on 17 September 2025 and received assent on 19 September 2025.

QLS contributed to the inquiry through a formal submission and also appeared before the Committee, as detailed in QLS Proctor.

QLS opposed restricting the use of good character evidence in sentencing for sexual offences, arguing that courts already possess sufficient discretion and legal guidance to assess such evidence appropriately.

Part 4 of the Act, concerning amendments to sentencing guidelines, will commence on 1 November 2025.

For details regarding the commencement of the remaining provisions, please refer to section 2 of the Act.

The Act amends the:
• Crimes at Sea Act 2001
• Criminal Code 1899
• Penalties and Sentences Act 1992,
• Working with Children (Risk Management and Screening) Act 2000