Proposed Antisocial Behaviour Laws (Qld)
This week, the Queensland government introduced legislation proposing to make various changes to the state’s criminal laws aimed at strengthening the response to drug-related offending, antisocial behaviour, and serious youth crime. This page outlines some of what is being proposed.
Legislation
The Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Bill 2026 seeks to make changes to a number of Queensland acts, including the Police Powers and Responsibilities Act 2002 and the Drugs Misuse Act 1986.
Reasons for the changes
The government has stated that the changes will make Queensland safer and strengthen the capacity of the criminal justice system to hold perpetrators to account.
The proposed changes include adding a further 12 offences to the ‘adult crime, adult time’ regime, under which children who are found guilty of certain serious offences are subject to the same penalties as adults.
The Bill would also expand police powers and replace the current Police Drug Diversion program with a new Drug Enforcement and Diversion Program.
Drug diversion
Under the proposed changes, a new system of drug diversion would be introduced.
The existing police drug diversion program consists of a three-tiered system that offers a person three levels of drug diversion in their lifetime, which are available mainly in relation to minor cannabis possession offences.
These are:
- First eligible minor drug offence – Drug Diversion Warning
- Second eligible minor drug offence – Initial Drug Diversion Assessment Program
- Third eligible minor drug offence – Subsequent Drug Diversion Assessment Program
Each of these levels of diversion of a person and opportunity to address their drug use and avoid being dealt with for a minor drug offence by the criminal courts.
The government is proposing to replace this system with a Drug Enforcement and Diversion Program under which there would be more limited opportunities for drug diversion. A person would have recourse to only two opportunities to take part in a drug diversion program under two distinct pathways: minor cannabis offence and minor drug offence.
Police would also have the discretion to offer a person a police infringement notice as an alternative to going to court for a minor drug offence; however, this would be available on only one occasion.
Antisocial behaviour
The legislation, if passed, would give the Police Minister the power to declare an area where antisocial behaviour is known to occur as a Designated Business and Commercial Precinct (DBCPs).
In DBCPs, police would have expanded powers for dealing with low-level incidents of criminal activity that may adversely affect social life and economic activity.
These precincts would be areas such as:
- town centres
- entertainment districts
- major retail areas
- transport hubs or community gathering places
The designation of an area as a DBCP would have to be reviewed after a period of three years.
Move-on directions
The bill also proposes to give police broader powers to direct individuals and groups to leave public places. These include a power to issue a direction to a person to leave a DBCP and not return for a period of up to 24 hours. If a person does not comply with the direction, they are committing an offence and may be fined up to 40 penalty units.
Police banning notices
Police banning notices can already be issued in relation to licensed premises and safe night precincts. The bill proposes to give the police the power to also issue these notices in relation to a DBCP.
This would temporarily prohibit a person from entering or remaining in a DBCP, if they have behaved in a disorderly, threatening, offensive or violent way and their continuing presence poses an unacceptable risk of causing violence, impacting the safety of others, or disrupting or interfering with the reasonable use and enjoyment of the stated area.
Responses to the proposals
Some local councils and businesses have welcomed the proposed laws, saying they are necessary to address antisocial behaviour in the CBD and other business districts.
Organisations such as the Queensland Council for Civil Liberties have criticised the legislation for seeking to expand police powers without sufficient justification or safeguards.
Groups including Amnesty International Australia have warned that some aspects of the reforms risk undermining fundamental freedoms, particularly where new offences and powers may affect freedom of expression and protest.
The government says the legislation will allow police to respond more quickly to disorder and improve public safety
Formal parliamentary debate on the legislation has not yet occurred.
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Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.