Counter-Terrorism and Other Legislation Amendment Bill 2015
Plain English Summary
Overview
This bill keeps Queensland's preventative detention terrorism laws from expiring and extends police counter-terrorism powers beyond state borders. It also widens who is responsible for fire safety in buildings, protects police review commissioners from being sued, and updates Queensland laws to recognise the new federal Australian Border Force.
Who it affects
All Queenslanders are affected by the continuation of preventative detention powers for another 10 years, while landlords and accommodation managers face wider fire safety responsibilities.
Preventative detention extended 10 years
Queensland's Terrorism (Preventative Detention) Act 2005 was set to expire on 16 December 2015. This bill extends it until 2025 and adds a requirement for the Minister to review the Act within 4 years.
- Sunset date pushed out 10 years so preventative detention powers continue
- Minister must start a review within 4 years and table a report within 5 years
- Public Interest Monitor, Supreme Court review, and free legal help for detainees are retained
Police powers reach beyond Queensland
The Public Safety Preservation Act and Terrorism (Preventative Detention) Act now apply outside Queensland. Police can respond to terrorist incidents on vessels out to 200 nautical miles at sea, or where a vehicle crosses into another state.
- Terrorist emergency declarations can be made for areas outside Queensland
- Declarations around vehicles or vessels continue even if they cross a state border or go into the Territorial Sea
- Police can enforce Preventative Detention Orders on boats and in the 'adjacent area'
Fire safety occupier definition widened
The Fire and Emergency Services Act 1990 now defines 'occupier' more broadly, matching the Criminal Code. This captures absent owners, rent-masters who sub-let, and managers of unsafe rental accommodation.
- Absent owners and sub-letting 'rent-masters' can be held liable for fire safety breaches
- Managers of illegal or unsafe rental accommodation fall within the definition
Police review commissioner immunity
Civil liability protections for police review commissioners are moved from regulation into the Police Service Administration Act 1990. People who take part in a review or give evidence are also protected.
- Review commissioners not liable for good-faith acts without negligence
- People who apply for or give evidence in a review are protected from being sued
- The State may still be vicariously liable for its employees' conduct
Australian Border Force recognition
Queensland laws are updated so that 'officer of Customs in the Australian Border Force' replaces references to the old Australian Customs Service. Retrospective cover is provided back to 1 July 2015 when the federal agencies merged.
- Border Force officers are exempt from the Weapons Act 1990 when carrying weapons on duty
- The federal Department of Immigration and Border Protection is recognised as an approved law enforcement agency for police information sharing
- Retrospective cover from 1 July 2015 closes a legal gap
Bill Journey
Committee report tabled
Referenced Entities
Legislation
Organisations
Sectors Affected
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