Queensland Bills Explanatory Notes Queensland Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
1
Police Powers and Responsibilities and
Another Act Amendment
POLICE POWERS AND
RESPONSIBILITIES AND ANOTHER
ACT AMENDMENT BILL 2000
EXPLANATORY NOTES
GENERAL OUTLINE
Objective of the Legislation
The Police Powers and Responsibilities and Another Act Amendment
Bill 2000 ("the Bill") corrects a technical defect which appears in the Police
Powers and Responsibilities Act 2000 ("PPRA 2000") and reaffirms
Parliament's intention that provisions relating to the use of force are to be
contained within Chapter 9 of the PPRA 2000.
The Bill also amends the Weapons Act 1990 to require the licensing of
category H weapons rendered permanently inoperable and imposing greater
controls on collector's licences for weapons rendered temporarily
inoperable.
Means of Achieving Policy Objectives
The legislation will ensure that there is no doubt that the power for a
police officer to use reasonable force when exercising or attempting to
exercise a power under any section of the PPRA 2000 and any other Act is
centrally contained within Chapter 9 of the PPRA 2000.
The legislation will require the licensing of category H weapons whether
made permanently inoperable or not and to impose greater controls on a
collector's licence for category H weapons rendered temporarily inoperable.
Alternative Means of Achieving Policy Objectives
The policy objectives cannot be achieved in any way other than the
introduction of the Bill.
2
Police Powers and Responsibilities and
Another Act Amendment
Estimated Cost of Implementation for Government
There will be no financial impact from the Bill with regards to the
amendment to the PPRA 2000. The financial impact of the Bill in relation
to the Weapons Act 1990 is expected to be minimal.
Consistency with Fundamental Legislative Principles
It is intended to commence the Bill retrospectively to 1 July 2000. This
will ensure there is no doubt as to Parliament's intention in the PPRA 2000
that use of force provisions were to be centrally contained in Chapter 9 of
the PPRA 2000. The retrospective amendment will not affect any evidence
gathered through the use of a surveillance device to date but will ensure that
valuable evidence of serious criminal offences is not lost through a technical
error in the PPRA 2000.
The Bill is consistent with Fundamental Legislative Principles in relation
to the amendments to the Weapons Act 1990.
Consultation conducted in Development of the Bill
As the Bill, so far as the amendment to the PPRA 2000, only corrects a
technical defect, there was no general consultation on the contents. The
Public Interest Monitor, however, was consulted on the Bill.
The following government departments were consulted during the
development of the policy for the amendments to the Weapons Act 1990:
· The Department of The Premier and Cabinet;
· The Department of Primary Industries, Office of Rural
Communities;
· The Department of Employment, Training and Industrial
Relations; and
· Treasury Department.
The Sporting Shooters Association of Australia (Qld) Inc. and the
Firearms Dealers Association - Queensland Inc. support the proposal to
require licensing of Category H weapons.
3
Police Powers and Responsibilities and
Another Act Amendment
NOTES ON PROVISIONS
General notes
A question recently arose as to whether the words, "to use reasonable
force" where they appear in section 144(d) of the PPRA 2000 could in turn
act to prevent a police officer using force to install, maintain and remove a
surveillance device operating under a warrant issued by virtue of section 131
of the PPRA 2000. Section 131 does not refer to the use of force. It was
contended that Parliament may have intended that force could only be used
with respect to a tracking device used pursuant to section 144.
The words, "to use reasonable force" appear in error in section 144(d) of
the PPRA 2000.
It was, and remains, the intention of Parliament that provisions relating to
the use of force by a police officer or assistant when exercising or
attempting to exercise any power under the PPRA 2000 or any other Act,
be centrally located within Chapter 9 of the PPRA 2000. Consequently,
section 375 of the PPRA 2000 is to be taken to provide a police officer and
assistant with the power to use reasonable force when exercising a power
contained in Chapter 4 of the PPRA 2000.
It is the intention of Parliament that Chapters of the PPRA 2000 should
not be read as separate codes in isolation of other relevant aspects of the Act.
Specific notes
PART 1--PRELIMINARY
Short title
Clause 1 specifies the short title of the Bil
Commencement
Subclause 2(1) of the Bill provides that Part 2 (Amendment of Police
Powers and Responsibilities Act 2000) is taken to have commenced on 1
July 2000.
4
Police Powers and Responsibilities and
Another Act Amendment
Subclause 2(2) of the Bill provides that Part 3 (Amendment of Weapons
Act 1990) commences on a day to be fixed by proclamation.
PART 2--AMENDMENT OF POLICE POWERS AND
RESPONSIBILITIES ACT 2000
Act amended in pt 2
Clause 3 provides that the Bill amends the PPRA 2000.
Amendment of s 144 (Powers under surveillance warrants)
Clause 4 cures the technical defect in the section by removing the words
"to use reasonable force". The words are removed retrospectively to ensure
that Parliament's original intention in the legislation is clear.
Amendment of s 152 (What covert search warrant must state)
Clause 5 amends section 152 of the PPRA 2000 to remove reference to
the use of "reasonable help and force". Chapter 9 of the PPRA 2000 is to
apply to Chapter 4 of the PPRA 2000.
Amendment of s 375 (Power to use force--exercise of certain powers)
Clause 6 amends section 375 of the PPRA 2000 to remove any doubt
that section 375 applies to any power contained in the PPRA 2000 or any
other Act.
PART 3--AMENDMENT OF WEAPONS ACT 1990
Act amended in pt 3
Clause 7 provides the Bill amends the Weapons Act 1990.
5
Police Powers and Responsibilities and
Another Act Amendment
Amendment of s 5 (Definitions)
Clause 8 amends the definition of 'collector' so that a collector means a
person who collects or holds out as being ready to collect whether on behalf
of the collector or another person, a weapon or weapons for their
commemorative, historic, thematic or investment value.
Amendment of s 6A (What is a "replica")
Clause 9 omits the reference to category H weapons rendered
permanently inoperable from the definition of replica.
Amendment to s 49 (Commissioner to maintain firearms register)
Clause 10 inserts a new subsection which provides for a definition of
"firearm" for the purposes of section 49, to include a category H weapon
rendered permanently inoperable. This will require the Commissioner to
maintain a record of category H weapons rendered permanently inoperable.
Amendment to s 77 (Collector's licence (weapons))
Subclause 11(1) amends section 77(2)(b) of the Weapons Act 1990. The
section will provide that category A, B C or H weapons that are firearms
manufactured after 1900 and of obvious and significant commemorative,
historic, thematic or investment value, only if the weapons are made
temporarily inoperable. This will limit licences issued under this provision
for weapons rendered temporarily inoperable, only to those weapons of
obvious and significant commemorative, historic, thematic or investment
value.
Subclause 11(2) inserts a new paragraph, section 77(2)(c), which makes
reference to a category H weapon made permanently inoperable whether or
not of commemorative, historic, thematic or investment value. This enables
a person in possession of a category H weapon made permanently
inoperable to obtain a collectors licence, whether or not for the weapon's
commemorative, historic, thematic or investment value.
6
Police Powers and Responsibilities and
Another Act Amendment
PART 8--TRANSITIONAL PROVISIONS
Transitional provision for Police Powers and Responsibilities and
Another Act Amendment Act 2000
Clause 12 inserts a new section, section 173, into the Weapons Act 1990.
The new provision provides for a 3 month amnesty for persons in
possession of a category H weapon made permanently inoperable prior to
the commencement of Bill. This will allow these persons to obtain licences
during this period without fear of prosecution.
© State of Queensland 2000