QLDIn ForceAct
Criminal Law Amendment Act 1945
sec.22Recommendation to make declaration
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### sec.22 Recommendation to make declaration
The Minister may recommend that the Governor in Council make a public interest declaration for a relevant person if the Minister is satisfied the detention of the person under division 3 is in the public interest.
The Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a continuing detention order without giving the person prior notice of the proposed recommendation.
The Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a supervision order only if—
at least 14 days before the recommendation is made, the person is personally served with a written notice stating the following—
the Minister intends to recommend that the Governor in Council make a public interest declaration for the person;
the grounds on which the Minister considers the detention of the person under division 3 is in the public interest;
that the person may, within 10 days after the notice is served on the person, make written submissions to the Minister about why the declaration should not be made; and
the Minister has regard to any submissions made under paragraph (a) (iii) .
However, the Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a supervision order without complying with subsection (3) if the Minister considers it is necessary to make the declaration without compliance with the subsection because of urgent circumstances.
s 22 prev s 22 ins 1999 No. 87 s 7
om 2004 No. 52 s 90
pres s 22 ins 2013 No. 53 s 6
(sec.22-ssec.1) The Minister may recommend that the Governor in Council make a public interest declaration for a relevant person if the Minister is satisfied the detention of the person under division 3 is in the public interest.
(sec.22-ssec.2) The Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a continuing detention order without giving the person prior notice of the proposed recommendation.
(sec.22-ssec.3) The Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a supervision order only if— at least 14 days before the recommendation is made, the person is personally served with a written notice stating the following— the Minister intends to recommend that the Governor in Council make a public interest declaration for the person; the grounds on which the Minister considers the detention of the person under division 3 is in the public interest; that the person may, within 10 days after the notice is served on the person, make written submissions to the Minister about why the declaration should not be made; and the Minister has regard to any submissions made under paragraph (a) (iii) .
(sec.22-ssec.4) However, the Minister may recommend that the Governor in Council make a public interest declaration for a person subject to a supervision order without complying with subsection (3) if the Minister considers it is necessary to make the declaration without compliance with the subsection because of urgent circumstances.
- (a) at least 14 days before the recommendation is made, the person is personally served with a written notice stating the following— (i) the Minister intends to recommend that the Governor in Council make a public interest declaration for the person; (ii) the grounds on which the Minister considers the detention of the person under division 3 is in the public interest; (iii) that the person may, within 10 days after the notice is served on the person, make written submissions to the Minister about why the declaration should not be made; and
- (i) the Minister intends to recommend that the Governor in Council make a public interest declaration for the person;
- (ii) the grounds on which the Minister considers the detention of the person under division 3 is in the public interest;
- (iii) that the person may, within 10 days after the notice is served on the person, make written submissions to the Minister about why the declaration should not be made; and
- (b) the Minister has regard to any submissions made under paragraph (a) (iii) .
- (i) the Minister intends to recommend that the Governor in Council make a public interest declaration for the person;
- (ii) the grounds on which the Minister considers the detention of the person under division 3 is in the public interest;
- (iii) that the person may, within 10 days after the notice is served on the person, make written submissions to the Minister about why the declaration should not be made; and