Report No. 3, 57th Parliament - Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020

Committee's Report

The committee tabled its Report No. 3, 57th Parliament - Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020 on 12 February 2021. The committee tabled an erratum to Report No. 3, 57th Parliament - Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020 on 22 February 2021. The Bill was passed with amendment by the Queensland Parliament on 25 March 2021.

View: Report 
View: Erratum to Report
View: Government response
View: Parliamentary debate on the Bill
24 March 2021 - transcript pages 763-796
25 March 2021 - transcript pages 834-846; transcript pages 866-886
The debate can be viewed by clicking on the movie icon within the transcript. 

About the Bill

On 26 November 2020, Hon Shannon Fentiman MP, Attorney-General and Minister for Justice, Minister for Women and Minister for the Prevention of Domestic and Family Violence introduced the Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020 (the Bill) and referred it to the Legal Affairs and Safety Committee (the committee) for detailed consideration.

View: Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020
View: Explanatory notes
View: Explanatory speech
View: Statement of compatibility

Objectives of the Bill

The policy objectives of the Bill are to:

  • implement the recommendations of the Queensland Law Reform Commission in its Review of consent laws and the excuse of mistake of fact report
  • enable additional payments to be made from the Legal Practitioners’ Fidelity Guarantee Fund to claimants who made claims prior to 2016 and were subject to statutory caps
  • implement the second tranche of the Government’s legislative response to the final evaluation report of the Tackling Alcohol-Fuelled Violence Policy
  • rectify an unintended omission in the Co-operatives National Law Act 2020
  • exempt the Queensland liquor accords and the Safe Night Precinct local boards from the cartel provisions of the Competition and Consumer Act 2010
  • prohibit inducements to open an account, or refer a friend to open an account, with an online wagering provider or racing bookmaker
  • provide that a wagering provider must pay the declared minimum dividend if rounding would result in a dividend that is lower than a declared minimum dividend.

Further information

Further information including written briefings from the department, the response to submissions, transcripts from proceedings and answers to questions taken on notice are under the Related Publications tab.

Timeline

Submissions closed:12 January 2021 - see ‘View submissions’ tab
Public briefing:16 December 2020 - broadcast - transcript
Public hearing:21 January 2021 - broadcast - transcript
Report tabled:12 February 2021 - Report - Erratum to Report
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Related Publications

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