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Author Topic: Qld Consorting Laws 9th March 2017  (Read 704 times)

Prickle

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Qld Consorting Laws 9th March 2017
« on: February 16, 2017, 11:45:25 AM »

2nd Stage of the Serious and Organised Crime Legislation Bill which is the QLD CONSORTING LAWS will be commenced and be enforceable from and inclusive of the 9th March 2017.

Division 3 Amendments commencing 3 months after assent
Clause 140 amends the Criminal Code to insert definitions into section 1 that will be used in
the new chapter 9A (Consorting). This amendment will commence three months after this
Bill's assent.

Clause 141 creates a new chapter 9A (Consorting) which contains an offence of habitually
consorting with recognised offenders. This chapter will commence three months after this
Bill's assent.

New section 77 provides the definitions of the terms 'consort', 'conviction', 'recognised
offender' and 'relevant offence' for new chapter 9A.

New section 77A defines the meaning of the term 'consort'. Subsection (1) provides that a
person consorts with another person if they associate with the person in a way that involves
seeking out or accepting the other person's company. Subsection (2) clarifies that an act of
consorting does not have to have a purpose related to criminal activity. Subsection (3)
clarifies that an act of consorting does not have to happen in person and can occur in any way
including electronically.

New section 77B creates the offence of habitually consorting with recognised offenders.

Subsection (1) provides that a person commits a misdemeanour if: they habitually consort
with at least two recognised offenders (whether together or separately); and on at least one
occasion, with respect to each recognised offender, an act of consorting occurs after the
person has been given an official warning. Subsection (1) also provides that the offence is
punishable by a maximum penalty of 300 penalty units or 3 years imprisonment. Subsection
(2) defines what 'habitually consort' means for the purpose of this offence, that is, consorting
that occurs on at least two occasions. Subsection (3) provides that this offence does not apply
to a child. Subsection (4) defines 'official warning' for the purpose of this offence as the
official warning for consorting in the Police Powers and Responsibilities Act 2000.

New Section 77C provides that particular acts of consorting are to be disregarded if the
consorting was reasonable in the circumstances. Subsection (1) lists the acts of consorting
that must be disregarded if they are reasonable in the circumstances. Subsection (2) provides
that this is a reverse onus defence, that is, proof that the consorting was reasonable in the
circumstances lies on the defendant. Subsection (3) makes it clear that an act of consorting is
not reasonable if the purpose or one of the purposes of the consorting act is related to
criminal activity. Subsection (4) provides definitions for the purposes of the new section
77C.
http://www.austlii.edu.au/…/saoclab2016…/saoclab2016464.html
« Last Edit: February 11, 2018, 08:14:25 AM by Prickle »
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Prickle

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Re: Qld Consorting Laws 9th March 2017
« Reply #1 on: February 11, 2018, 08:13:48 AM »

RESTRICTED PREMISES ORDERS: Glossary of Terms

Disorderly activity:
a)drunkenness, disorderly or indecent conduct or entertainment of a demoralising character; or

b)unlawful supply of liquor or drugs from the
premises; or

c)unlawful possession at or supply from the premises of firearms of explosives; or

d)the presence of recognised offenders, associates of recognised offenders, or persons subject to
control orders on the premises; or

e)participation of recognised offenders, associates of recognised offenders, or persons subject to
control orders in the management or control of the premises.

Recognised offender:
An adult with a recorded conviction (other than a spent conviction) for an indictable
offence punishable by at least 5 years imprisonment or another offence prescribed under section 77 of the Criminal Code(Fact Sheet Series 2 lists the prescribed offences)

Associate of a recognised offender: A person to whom an official consorting warning has been given under the Police Powers and Responsibilities Act 2000.

Person subject to a control order: A  person  given  a  control  order  under  the Penalties and Sentences Act 1992 (including a registered corresponding control order).

See Fact Sheet 1 for further details. 

Fortification:
Any  structure  or  device  that  alone,  or  as  a  part  of  a  system,  is  designed  to  stop  or  hinder uninvited entry on a premises.

Prohibited items:
a) liquor; or

b)drugs; or

c)a firearm; or

d)an explosive; or

e)any drinking glass, vessel or container that is used (or capable of use) in connection with the storage, supply or consumption or a liquor or drug; or

f)anything that is used (or capable of use) to contribute to or enhance the ambience of the premises in support of the sale of consumption of liquor or drugs, or entertainment of a demoralising character (e.g. bar fitout, music/entertainment systems, stripper’s pole, etc.); or

g)fortification of the premises that is excessive for lawful use for that type of premises.

2013 clubhouses: those listed in the Criminal Code (Criminal Organisations) Regulation 2013

Read All on link
http://www.justice.qld.gov.au/__data/assets/pdf_file/0018/516402/restricted-premises-orders.pdf
« Last Edit: February 11, 2018, 08:51:57 AM by Prickle »
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