G20 Summit Brisbane Laws The G20 Safety and Security Act was passed on 30 October 2013.  It legislates to provide for the safety and security of persons attending the Group of Twenty leaders’ summit in Brisbane in 2014 and other related meetings and events in Queensland in 2014.  The G20 Summit Brisbane Laws prohibit a person from bringing proscribed items into the designated area.  While some of the items are common sense, others such as insects, surfboard and kites are more peculiar. The obvious A category A, B, C, D, E, H, M or R weapon, or a restricted item An antique firearm, a …

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High Range Drink Driving Repeat and those caught high range drink driving will have to install an alcohol interlock device under legislation to be introduced into NSW parliament early next year. While there is a voluntary scheme currently in place, it is believed this mandatory system will prevent at least 140 alcohol related crashes. Alcohol Interlock An alcohol interlock will be installed in a person’s car if they have been caught drink driving twice in five years, or once with a blood-alcohol level above 0.15 (high range drink driving). Magistrates will also have the power to make motorists keep the …

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Bikie Laws amendments to the Liquor Act. The State Government has introduced changes to the Liquor Act 1992.  The Government has declared 26 motor cycle gangs as Declared Criminal Organisations.  The bikie laws amends the Liquor Act by imposing  restrictions on the ability of patrons of liquor licensed premises to wear clothing and other paraphernalia highlighting their affiliation with a criminal motor cycle gang. Declared Criminal Organisation Under the amendments a member of a declared criminal organisation commits and offence if they are wearing a prohibited item on licensed premises.  A prohibited item includes an item of clothing or jewellery or another …

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The majority of motorists understand that if  they are caught drinking and driving they will loose their licence.  Indeed the bulk of our work as experienced traffic lawyers is aimed at minimising the disqualification period or securing a work licence for people caught drinking and driving.  What does take people by surprise is that they can lose their licence for sleeping in the car or even simply having the car keys in their pocket while intoxicated. The Transport Operations (Road Use Management) Act 1985 (Qld) imposes sanctions where a person who is over the relevant blood alcohol concentration: drives a …

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The minimum fines for stock offences have increased from $200 to $1100 per animal or the value of the animal, whichever is the higher amount. Other amendments to the legislation will benefit investigating authorities and primary producers by: Empowering police to effectively investigate stock crime by extending stock-related search warrant durations from 7 to 21 days Modernising evidentiary requirements in stock offence prosecutions Maintaining the ability of police to immediately return cattle to victims of crime where there is no dispute as to ownership Streamlining the disposal process where there is a dispute as to ownership, allowing the stock to be …

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The Public Interest Declarations Act amending the Dangerous Prisoners (Sexual Offenders) Act represents a significant change to the way the law is applied in Queensland and throughout Australia. We have, until now had a clear delineation between the role of the executive and the implementation of the law by the judiciary.  The parliament has been elected to make law and our courts have interpreted and applied those laws.  This new piece of legislation departs from that process, by enabling the Attorney General to overrule the decision of the court and detain a person. Previously, applications to have prisoners detained indefinitely …

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New Qld Bikie Laws New Qld Bikie laws have been introduced targeting the illegal activities of criminal gangs in Queensland. The reforms introduce new offences, increased penalties, enhanced powers for Police and the Crime and Misconduct Commission, and stricter bail laws. Liquor Act Changes Changes have been made to the Liquor Act 1992 to prohibit people from entering or remaining on premises, subject to a licence or permit under the Liquor Act, if they are wearing or carrying certain prohibited items (outlined below) which are associated with a declared criminal organisation. It also places obligations on licensees/permittees, approved managers, employees and agents of licensees/permittees that …

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Criminal motorcycle gang members will face mandatory jail terms of up to 25 years as part of a range of new and increased penalties to be introduced in Parliament by the Newman Government today. Under our Vicious Lawless Association Disestablishment Bill, criminal gang members convicted of certain offences will be declared ‘vicious lawless associates’ and hit with an extra 15 years mandatory jail time on top of their sentence. A further mandatory term of 10 years will apply if the offender is an office bearer of the criminal organisation. Tattoo parlours will also require licenses from next year. Current and prospective proprietors will …

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A special ultra-secure facility at Woodford Correctional Centre will house the highest risk members of criminal motorcycle gangs. In prison, criminal motorcycle gang members will face: Restricted hours out of their cell (potentially as little as one hour a day) Increased drug testing Frequent, proactive cell searches Only one hour non-contact visits with family members per week No TVs in their cells No access to gymnasium facilities All phone calls, other than to legal representatives, will be monitored by intelligence staff Mail to be opened, searched and censored.

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It an offence to fail to appear in court in accordance with a bail undertaking. The court has the power to revoke the bail undertaking, forfeit any sureties and issue a warrant for your arrest. What if I had a really good reason for failing to appear? The Court requires a person to show cause why they have failed to appear and in some exceptional cases, the court will accept a lawful excuse and discharge the person. In showing cause the person needs to establish that they were unable to attend court.  An example might be that the accused person was in …

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