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Police and Other Legislation Amendment Bill 2007
Police and Other Legislation Amendment
Bill 2007
Explanatory Notes
Short Title of the Bill
Police and Other Legislation Amendment Bill 2007
Objectives of the Bill
The objectives of the legislation are to remove redundant provisions,
correct deficiencies or omissions and implement agreed policy changes.
The Police and Other Legislation Amendment Bill 2007 (the Bill) makes
amendments to the Police Powers and Responsibilities Act 2000 (PPRA),
the Police Service Administration Act 1990 (PSAA),the Child Protection
(Offender Reporting) Act 2004 (CPORA) and the Transport Operations
(Road Use Management) Act 1995 (TORUM).
Reasons for Bill
The Minister for Police and Corrective Service is responsible for the
administration of legislation under the police portfolio. Each year these
statutes are examined to identify minor amendments which will remove
redundant provisions, correct deficiencies or omissions and implement
agreed policy changes. In addition, the Bill will amend the TORUM, which
the Minister for Transport and Main Roads is responsible, to facilitate the
enforcement of the proposed peer passenger restriction reforms to improve
young driver safety in Queensland. Regulatory amendments will be
required to fully implement this proposal and will progress following
passage of the Bill.
Achievement of Objectives
The Bill achieves the objectives by amending the PPRA, PSAA, CPORA
and TORUM.
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Police and Other Legislation Amendment Bill 2007
Fundamental legislative principles
Requiring peer passengers to state their name and address
Clause 9 of the Bill amends section 42 (Power for age-related offences and
for particular motor vehicle related purposes) of the PPRA by extending
the power to require a person's age if it is relevant to deciding whether a
person is driving a motor vehicle in contravention of a provision of a
regulation made under the TORUM that restricts the number of passengers
below a stated age who may be in a motor vehicle while the person is
driving it.
Because a police officer is trying to decide whether the driver of the vehicle
is contravening an age-related restriction (peer passenger restriction),
requiring a passenger of the vehicle to state their correct date of birth and to
provide evidence of the correctness thereof may expose the passenger of
that vehicle to arrest and prosecution for an offence against section 791
(Offence to contravene direction or requirement of police officer) of the
PPRA. The provision is likely to be considered a breach of fundamental
legislative principals in that it does not have sufficient regard to the rights
and liberties of individuals under section 4 (2)(a) of the Legislative
Standards Act 1992. The QPS is of the view that an appropriate balance has
been achieved through the insertion of a new subsection (5) to the
provision. This subsection effectively prevents a passenger being found
guilty of the offence if the driver is not found guilty of the contravention of
the age-related restriction.
Reversal of Onus - peer passenger restrictions
The proposal to place an onus on the driver to establish the relationship of
an immediate family member in relation to peer passenger restrictions for
young drivers is likely to be considered a breach of fundamental legislative
principles in that it reverses the onus of proof (see s.4(3)(d) of the
Legislative Standards Act 1992). However, justification for the reversal is
found in situations where the matter that is the subject of proof by the
defendant is particularly within the defendant's knowledge and would be
extremely difficult, or very expensive, for the State to prove. Proving the
relationship of a passenger to a driver will be extremely difficult for police
officers to establish. It is therefore considered that reversing the onus is
essential to the enforcement and effectiveness of this reform and the
potential road safety benefits to the community outweigh this potential
breach.
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Police and Other Legislation Amendment Bill 2007
Estimated Cost for Government Implementation
The Bill will not involve any additional financial costs.
Consultation
The following agencies were consulted during the development of the Bill:
· Department of the Premier and Cabinet;
· Department of Justice and Attorney-General;
· Department of Disability Services Queensland;
· Department of Child Safety;
· Department of Communities; and
· Anti-Discrimination Commission of Queensland.
Notes On Provisions
Part 1 Preliminary
Short Title
Clause 1 specifies the short title of the Bill.
Commencement
Clause 2 provides for the commencement of the Act.
Part 2 Amendment of Child Protection
(Offender Reporting) Act 2004
Act amended in Part 2
Clause 3 specifies that Part 2 amends the Child Protection (Offender
Reporting) Act 2004.
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Police and Other Legislation Amendment Bill 2007
Amendment of s 14 (When initial report must be made)
Clause 4 amends section 14 to clarify that a reportable offender must report
their personal details to the Commissioner within the latter of either the
specified period detailed in the table of the provision or 28 days after the
Commissioner gives the offender notice under section 59.
Amendment of s 54 (Notice to be given to reportable offender)
Clause 5 inserts a new subsection (4) into the provision that clarifies that an
entity is not required to give a notice to a reportable offender under this
provision if a notice has already been given under section 59 (Notice may
be given by police commissioner).
Amendment of s 70 (Confidentiality)
Clause 6 amends section 70 to clarify the relationship between section 10.2
(Authorisation of disclosure) of the PSAA and the provision.
Amendment of s 74 (Review of decision to place person on
register)
Clause 7 (1) amends the heading of section 74.
Clause 7 (2), (3), (4) and (5) amends section 74 to allow the current
application of the provision to review a decision to place the person on the
register to include a review of the length of the persons reporting period
entered in the register. A new subsection (7) is inserted to the provision to
provide that the commissioner must ensure the reporting period on the
register is corrected.
Part 3 Amendment of Police Powers
and Responsibilities Act 2000
Act amended in Part 3
Clause 8 specifies that Part 3 amends the Police Powers and
Responsibilities Act 2000.
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Police and Other Legislation Amendment Bill 2007
Amendment of s 42 (Power for age-related offences and for
particular motor vehicle related purposes)
Clause 9 amends section 42 (1) by extending the power to require a
person's age if it is relevant to deciding whether a person is driving a motor
vehicle in contravention of a provision of a regulation made under the Road
Use Management Act that restricts the number of passengers below a stated
age who may be in a motor vehicle while the person is driving it.
Subclause (2) provides that a passenger does not commit and offence of
contravening a requirement to state their date of birth if the driver of the
motor vehicle is not proved to have contravened a regulation that restricts
the number of passengers below a stated age who may be in a motor
vehicle while the person is driving it.
Amendment of s 382 (Notice to appear may be issued for
offence)
Clause 10 amends section 382 (2) to allow a police officer to ask another
police officer to issue and serve a notice to appear.
Amendment to s 384 (Notice to appear form)
Clause 11 (1) amends section 384 and renumbers subsection (1)(e) as
subsection (1)(f).
Clause 11 (2) amends section 384 to require that a notice to appear issued
by a police officer at the request of anther police officer must state the
particulars of officer requesting the issue and service of the notice to
appear.
Amendment of s 388 (Notice to appear equivalent of complaint
and summons)
Clause 12 (1) renumbers subsection 388 (4) and (5) to 388 (5) and (6).
Clause 12 (2) amends section 388 and inserts a new subsection (4) to
clarify that if a police officer issues and serves a notice to appear at the
request of another police officer, the police officer who made the request is
taken to have started the proceeding against the person on whom the notice
to appear is served.
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Police and Other Legislation Amendment Bill 2007
Amendment of s 724 (Evidentiary provision about particular
things in the possession of the police service)
Clause 13 provides a minor technical amendment to section 724 (7)
definition of `running statement'.
Replacement of schedule 3 (Relevant offences for chapter 13
disclosure of information provisions)
Clause 14 amends schedule 3 of the PPRA to insert relevant offences that
are currently prescribed in the Police Powers and Responsibilities
Regulation 2000. The amendment results from the Cross-Border Law
Enforcement Legislation Amendment Act 2005 that introduced national
model laws to allow seamless cross-border investigations of serious
offences by law enforcement agencies
Part 4 Amendment of Police Service
Administration Act 1990
Act amended in Part 4
Clause 15 specifies that Part 4 amends the Police Service Administration
Act 1990..
Amendment of s 1.4 (Definitions)
Clause 16 amends section 1.4 definition of `QPS database' to reflect the
Queensland Police Record & Information Management Exchange
(QPRIME) implementation.
Amendment of s schedule (Relevant information)
Clause 17 amends the schedule (Relevant information) - schedule, entry for
information about staff members, applicants to become staff members,
volunteers and students. The amendment will reflect the Queensland Police
Record & Information Management Exchange (QPRIME) implementation.
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Police and Other Legislation Amendment Bill 2007
Part 5 Amendment of Transport
Operations (Road Use
Management) Act 1995
Act amended in Part 5
Clause 18 specifies that Part 5 amends the Transport Operations (Road Use
Management) Act 1995.
Clause 19 (1) clarifies the introductory words to section 150AA
(Regulating young drivers) of the TORUM to reflect that regulations for
young drivers may be made under sections of the TORUM other than
section 150. This is achieved by replacing specific reference to section 150
in section 150AA with a general reference to the part of the Act in which
the relevant sections are contained. Clauses 19 (2), (3) and (4) make minor
drafting amendments to section 150AA.
Clause 20 inserts new section 150B to allow for the provision of a
regulation concerning the proof of the contravention of a requirement
limiting passengers by reference to their relationship to the driver in a
proceeding for the offence. A regulation may prescribe -
(a) that a belief of a police officer, on reasonable grounds, that the
relationship did not exist is sufficient evidence of that fact; and
(b) that the driver has the onus of proving the relationship did exist.
Subsection 150B (3) allows, for the purpose subsection (2)(a), the
regulation may provide the belief may be formed by the police officer after
reasonable enquiries are made with the driver and passengers of the vehicle
driven by the driver.
© State of Queensland 2007