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Police Powers and Responsibilities
POLICE POWERS AND
RESPONSIBILITIES BILL 2000
EXPLANATORY NOTES
GENERAL OUTLINE
Objective of the Legislation
The Police Powers and Responsibilities Bill 2000 ("the Bill") completes
the process of consolidation of police powers which commenced with the
passing of the Police Powers and Responsibilities Act 1997 ("PPRA 1997")
but due to time limitations was not completed.
The legislation has a number of objectives which are--
a. to consolidate and rationalise the powers and responsibilities police
officers have for investigating offences and enforcing the law;
b. to provide powers necessary for effective modern policing and law
enforcement;
c. to provide consistency in the nature and extent of the powers and
responsibilities of police officers;
d. to standardise the way the power and responsibilities of police
officers are to be exercised;
e. to ensure fairness to, and protect the rights of, persons against whom
police officers exercise powers under this Bill; and
f. to enable the public to better understand the nature and extent of the
powers and responsibilities of police officers.
Additionally, the Bill seeks to rectify any technical defects contained in the
PPRA 1997.
Consequently, the Bill provides a central reference point for police and the
general community, enabling them both to understand the nature and extent
of police powers. This consolidation results in the added benefit of
consistency both in the extent of police powers and in the respective
safeguards.
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Police Powers and Responsibilities
Means of Achieving Policy Objectives
The legislation will prescribe powers and responsibilities of police
officers.
Alternative Means of Achieving Policy Objectives
The policy objectives cannot be achieved in any way other than the
introduction of the Bill.
Estimated Cost of Implementation for Government
The financial impact of the Bill is expected to be minimal, as it proposes
the consolidation of existing powers and responsibilities.
There will be costs associated with the delivery of training for police
officers with respect to the proposed changes. These costs have been
anticipated and provision has been made within the Police Service's training
budget.
Costs associated with assisting the safe conduct of Olympic events have
been the subject of a separate funding consideration as would be expected
with all major events to take place in Queensland.
Consistency with Fundamental Legislative Principles
Clauses contained in this Bill are similar in nature to those addressed by
the Scrutiny of Legislation Committee in its appraisal of the PPRA 1997.
Accordingly, where possible, the comments of the Scrutiny of Legislation
Committee were taken into account by the Queensland Parliamentary
Council during drafting of the Bill.
Fundamentally, however, safeguards such as judicial overview are
included as a prerequisite to the exercise of powers involving an interruption
to an individual's privacy, e.g. the need the obtain a search warrant in most
instances of search, or extended interference with a person's freedom, e.g. a
magistrate must consider any extension to a detention period for
questioning.
As was the case with the PPRA 1997, the authority to install a listening or
visual surveillance device for the investigation of serious indictable offences,
or the conduct a covert search of a place for evidence relating to organised
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Police Powers and Responsibilities
crime, remain extraordinary but necessary powers. As the level of
intrusiveness may be extensive, the respective safeguards are extensive to
ensure the proper use of such powers. The Bill continues the concept of a
public interest monitor. The monitor will continue to perform an
independent role, and will be able to overview applications to a Supreme
Court judge for a surveillance warrant or covert search warrant. However,
due to the clandestine use of surveillance devices and covert search warrants,
applying the principles of natural justice is not appropriate.
In summary, the Bill recognises the importance of privacy and protection
of law abiding citizens, by ensuring that investigative powers into prescribed
offences are properly balanced with an individuals rights to privacy.
Consultation conducted in Development of the Bill
Extensive consultation has occurred with respect to police powers over a
number of years. A Criminal Justice Commission review of police powers
was conducted over a lengthy period in the early 1990s. This was followed
by a similar review which was conducted by the Parliamentary Criminal
Justice Committee and which included private and public hearings. Later a
public discussion paper called for submissions on proposed changes to
police powers. Finally, prior to the introduction of the PPRA 1997 into
Parliament, public meetings attended by government and opposition
members were held around the State.
Unlike the PPRA 1997, the Bill primarily focuses on consolidation rather
than an extension of police powers. As a result those most likely to be
affected by the consolidation process were government departments from
whose Acts police powers are being removed to give effect to the
consolidation. Therefore, consultation focused on all Government Ministers
and their respective departmental representatives. Due to the nature of this
consolidation process, the same level of public consultation as occurred
during the development of the PPRA 1997 has not been necessary.
Nevertheless, the consolidation process was fully considered by the
community--based Police Powers Reference Group chaired by Sir Bruce
Watson and consisting of representatives from--
· Queensland Council for Civil Liberties (Mr Terry O'Gorman);
· Public Defender (Mr Michael Shanahan (now Judge Shanahan),
Ms Debbie Richards (now Judge Richards) later replaced by Mr
Brian Devereaux);
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Police Powers and Responsibilities
· 2 community representatives (Sir Bruce Watson and Ms Sue
Johnson);
· Aboriginal and Torres Strait Islander Corporation for Legal
Services (Mr Kevin Smith);
· Department of Justice and Attorney--General (Mr David Schulz);
· Criminal Justice Commission (Dr David Brereton later replaced
by Mr Brendan Butler);
· Queensland Crime Commission (Mr Tim Carmody);
· Director of Public Prosecutions (Mr Royce Miller); and
· Queensland Police Service (Assistant Commissioner Ron
McGibbon (now Deputy Commissioner McGibbon) later
replaced by Assistant Commissioner Bob Atkinson, and Assistant
Commissioner Graham Williams later replaced by Chief
Superintendent George Nolan).
The Reference Group was assisted and advised by Superintendent Ross
Dwyer, Acting Inspector Greg Thomas, Senior Sergeant Peter Doyle, Dr
Chris Leithner, Dr David Brereton and Mrs Elaine Davis.
All of the recommendations made by the Police Powers Reference Group
were fully considered during the preparation of the Bill. The majority of the
Reference Group recommendations are included in the Bill.
NOTES ON PROVISIONS
CHAPTER 1--PRELIMINARY
PART 1--GENERAL
Short title
Clause 1 specifies the short title of the Bill.
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Police Powers and Responsibilities
Commencement
Clause 2 provides for the commencement of the Bill, in part, on assent
with the remainder commencing on a date to be fixed by proclamation or on
1 July 2000.
Dictionary
Clause 3 provides for a dictionary in schedule 4, to define certain terms.
Purposes of Act
Clause 4 provides for the purposes of the Bill. These are to:
a. to consolidate and rationalise the powers and responsibilities police
officers have for investigating offences and enforcing the law;
b. to provide powers necessary for effective modern policing and law
enforcement;
c. to provide consistency in the nature and extent of the powers and
responsibilities of police officers;
d. to standardise the way the power and responsibilities of police
officers are to be exercised;
e. to ensure fairness to, and protect the rights of, persons against whom
police officers exercise powers under the Bill; and
f. to enable the public to better understand the nature and extent of the
powers and responsibilities of police officers.
Compliance with Act by police officers
Clause 5 is designed to ensure police comply with the provisions of the
Bill when exercising any of the powers contained therein.
Non--compliance renders the officer liable to be dealt with according to law.
Action may range from cautioning to the imposition of criminal penalties,
depending upon the seriousness of the circumstances.
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Act does not affect certain principles
Clause 6 provides that a police officer is not prevented from speaking to
anyone or doing anything that he or she may lawfully do other than provided
for in the Bill, when performing his or her duties, whether or not in relation
to an offence, without exercising a power under the Bill or using any form
of compulsion.
Examples--
1. A police officer may enter a person's yard to save a child who may be drowning
in a pool.
2. A police officer may do a door knock in an endeavour to located witnesses to an
offence which occurred in the area.
PART 2--EFFECT OF ACT ON OTHER LAWS
Act does not affect constable's common law powers etc
Clause 7 retains a police officer's common law powers, obligations and
liabilities, except where specific areas of the common law have been
incorporated into the Bill, e.g. the chance discovery rule. Also, the clause
preserves the powers a police officer may exercise as an individual, e.g.
powers for protecting property.
Act does not affect court's common law discretion to exclude evidence
Clause 8 makes a clear statement that the Bill does not affect the common
law right of a court to exclude evidence sought to be admitted in a criminal
proceeding.
Inconsistency
Clause 9 caters for instances where an inconsistency occurs between a
power provided to a police officer under the Bill and a power contained in
another Act. To ensure there is no doubt as to which provision is to take
precedence, the clause states that, subject to clause 10, any inconsistency
between the provisions of the Bill and the other Act is to be resolved by
giving precedence to the provisions contained in the Bill. The aim is to
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Police Powers and Responsibilities
ensure that police officers are not subject to a legislative compulsion to use
the powers under another Act when they might perform the required
function using the powers contained in the Bill. An obvious exception is
preserved Acts such as the Public Safety Preservation Act 1986. In terms of
subclause (3), while it is recognised that this Parliament cannot restrict the
legislative powers of a future Parliament, it is the intention of this Parliament
to strongly indicate that police officers should, as far as is practicable, have a
single piece of legislation from which to source their powers and
responsibilities.
Relationship to other Acts
Clause 10 describes the relationship of the Bill to other Acts. Subclause
(1) provides that the provisions of the Bill do not affect the powers or
responsibilities a police officer has under an Act included in schedule 1.
However, whilst not binding on an individual police officer, subclause (2)
allows a police officer to use a power or perform a responsibility under the
Bill when giving effect to a Schedule 1 Act. Additionally, a police officer is
entitled to use a power under this Bill to give effect to another Act
irrespective that there is a similar power in the other Act and regardless of
the requirements in that other Act for the use of that power.
Example--
A police officer may use the arrest provision contained in the Bill in preference to the
arrest provision contained in the Prisoners (Interstate Transfer) Act 1982. In doing so,
the police officer need not comply with any of the requirements when arresting under
the Prisoners (Interstate Transfer) Act 1982.
PART 3--APPOINTMENT AS, AND HELPING,
PUBLIC OFFICIALS
Division 1--Provisions about appointments
Appointment of police officers as public officials for other Acts
Clause 11 applies to the appointment of police officers as public officials
for the purposes of enforcing a particular Act using, in addition to the
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Police Powers and Responsibilities
powers contained in the Bill, the distinct powers contained in that other Act.
The clause requires that the appointment may only be made with the written
approval of the commissioner who must first be satisfied that the officer has
the necessary experience, expertise or training to perform the functions and
duties of the public official, e.g. an appointment of a member of the police
Stock Squad as a stock inspector under the Stock Act 1915.
Declaration of police officers as public officials
Clause 12 provides that irrespective that another Act may generically
appoint police officers as public officials, they may only exercise powers
under that Act to the extent that the commissioner approves. The
commissioner may only give the approval if the commissioner is first
satisfied that the police officers have the necessary experience, expertise or
training to exercise the powers or have satisfactorily completed a training
course approved by the commissioner.
Example--
Appointment of police officers as public officials under the Stock Act 1915 may be
restricted to members of the police Stock Squad.
Authorising provisions of other Acts apply subject to ss 11--12
Clause 13 provides that although another Act may expressly or impliedly
appoint a police officer as a public official the provision making the
appointment is subject to clauses 11 and 12 of the Bill and thus the provision
is altered accordingly.
Division 2--Helping public officials
Helping public officials exercise powers under other Acts
Clause 14 allows a police officer who is not appointed as a public official
under an Act to assist a public official exercise powers under that Act. On a
request being made by the public official a police officer may exercise all of
the powers under that Act in addition to the powers under the Bill while
assisting the public official. However, a prerequisite is that the public
official must explain the public official's powers to the police officer. Also,
a police officer may exercise the powers of a public official in the
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Police Powers and Responsibilities
circumstances mentioned even though the public official may be absent if
the police officer is satisfied that it is reasonably necessary in the
circumstances.
Examples--
Multiple roadblocks may have to be established to ensure the quarantine of an area
where a transmittable disease has broken out among stock in the particular area. In
this case police assistance may be sought because there is a shortage of public
officials in that area to staff the roadblocks.
A public official may explain the public official's powers over the telephone or via
written instructions.
Steps police officer may take for failure to give name and address, etc
to public official
Clause 15 applies where a public official, other than a police officer,
lawfully requires a person to state his or her name and address or date of
birth and the person fails to comply with the requirement. A police officer
may ask the person to provide a reasonable excuse for failing to comply
with the requirement. Should the person fail to provide a reasonable excuse
or not answer, the police officer is empowered to make a requirement under
the name and address or date of birth provisions of the Bill (chapter 2, part
3). A failure to comply with the requirement renders a person liable for an
offence against the Bill.
Steps a police officer may take for obstruction of public official
Clause 16 applies where a public official claims to have been obstructed
in the exercise of his or her powers and a police officer reasonably suspects
the obstruction has occurred. The police officer may ask the person whether
he or she has an excuse for the obstruction. If the person does not provide a
reasonable excuse or fails to answer, the police officer may make a
requirement under the Bill to the person to stop or not repeat the conduct.
Should the person continue or repeat the conduct action may be taken under
section the Bill (chapter 10, part 3). The clause does not apply if the public
official is a police officer.
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CHAPTER 2--GENERAL ENFORCEMENT
POWERS
PART 1--ENTRY, INQUIRIES AND INSPECTION
General power to enter to make enquiries, investigations or serve
documents
Clause 17 ensures that a police officer performing a function of the police
service may enter and stay on a place in circumstances that may otherwise
constitute trespass. It is Parliament's intention that the section is, among
other things, designed to rectify limitations on police entry to property as
decided in Plenty v Dillon and others (1991) 98 ALR 353. However, if a
search warrant or other similar authority is required to enter a place, this
clause is not intended to alleviate the need to obtain that search warrant or
that other similar authority, e.g. authority to inspect compliance with the law
at a brothel. The clause allows a police officer a reasonable time to enter and
stay on a place a place to inquire into or investigate a matter, e.g. an alleged
offence, a missing person report or an traffic incident report, or to serve a
document, e.g. a summons, subpoena or notice or appear. The section does
not permit excessive force to be used to enter the place nor does it allow
entry to a part of the place that is a dwelling without consent.
Examples where entry is permitted--
1. To any part of a hotel, nightclub or casino where members of the public are
permitted to enter.
2. To a swimming pool in the back yard of a dwelling house where a person
might be swimming.
3. A garage erected within the yard of a dwelling house.
4. A business office to speak to an employee about an alleged offence.
5. Showgrounds where an exhibition is taking place (without the need for police
to pay an advertised entry fee).
What is a reasonable time to stay on a place
Clause 18 qualifies clause 17 by providing an indication of what is a
"reasonable time" for the purposes of clause 17. It is recognised that a
police investigation or the performance of a duty or function might be
prejudiced should a predetermination in the Bill limit the exercise of powers
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under clause 17 to a specified time period. Generally, therefore, what
constitutes a "reasonable time" should be determined according to the
particular circumstances of each matter. Subclauses (3) and (4) allude to
factors which may assist in the determination in the case of an investigation
or inquiry or the service of a document. The clause does not apply to the use
of the term "reasonable time" in clause 19.
General power to enter to arrest or detain someone or enforce warrant
Clause 19 allows a police officer to enter and stay on a place (including a
vehicle) for a reasonable time in order to arrest a person or to detain a person
under another Act. The clause limits entry to a dwelling house to
circumstances where a police officer has a reasonable suspicion the person is
at the dwelling. A power is provided to search for a person who could be in
the place.
Examples--
1. A police officer may enter a dwelling, using reasonable force, to arrest a
person reasonably suspected of a stealing offence if the police officer has
received information that the person is at the place or resides at the place.
2. A police officer may wait inside a business address for a person whom the
police officer seeks to arrest, to return to the place if the police officer is told
the person is out but will be returning at a later time.
Power to enter etc. for relevant laws
Clause 20 provides a police officer with powers to ensure compliance
with a relevant law, i.e., an Act prescribed under a regulation related to this
clause, e.g., the Weapons Act 1990.
The clause allows a police officer to--
a. at any reasonable time, enter and stay on a place used for a purpose
under a licence under the relevant Act. The subclause is subject to
clause 21;
Examples--
1. A police officer may enter a pawn shop during business hours to inspect
records and pawned items held or after business hours if someone is still at
the place.
2. A police officer may visit a firearms collector's home when the collector has
returned home after business hours to inspect the collector's collection of
firearms or security measures.
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Police Powers and Responsibilities
b. inspect, photograph or copy a prescribed item there or at a place with
appropriate facilities for photographing or copying the item;
Example--
A police officer may take a register from a business premises to allow it to be
photocopied at a police station.
c. seize a thing to which the relevant law applies, if the thing is evidence
of the commission of an offence against the relevant law or another
Act;
d. require the licence holder or someone else apparently in possession
of prescribed items to produce stated prescribed items for inspection;
e. inspect security measures the person must maintain under the
relevant law;
f. require the licence holder or person apparently in possession of a
place mentioned in paragraph (a) to give the police officer reasonable
help to do something mentioned in paragraphs (b) or (e). The
subclause is subject to clause 22.
Examples--
1. A police officer may require the manager of a firearms store to open a safe in
which records or weapons may be kept.
2. A police officer may require a firearms collector whose collection is at the
collector's home to show the police officer through to that portion of the
home in which the collection is held.
The clause allows a police officer to enter a part of a place not relevant to
an inspection in order to access that part of the place which is relevant to the
inspection.
Examples--
1. A police officer may enter through the front door of a house and pass through
a lounge room and hallway to get to a room attached to the house in which a
relevant business is conducted.
2. A police officer may enter a multi storey building and use an elevator to get
to a floor in the building in which a business to be inspected is located.
3. Where a business to be inspected rents accommodation from another
business, a police officer may pass through the area used by that other
business to get to the business to be inspected.
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Police Powers and Responsibilities
If a police officer seizes something from a business in the course of the
officer's inspection or inquiry so that the thing may be photographed or
copied, the officer is to give the person from whom it was seized, a receipt,
and must return the item as soon as practicable but no later than the next day
of business unless the person otherwise agrees in writing.
The clause includes premises used by motor vehicle repairers and deems
those premises to be used under a license under a relevant law. Similar effect
is given with respect to suppliers of controlled substances.
What is a reasonable time for entry etc. for a relevant law
Clause 21 alludes to what is a "reasonable time" for entry to a place for
the purposes of clause 20. The clause is not exclusive and sets guidelines
for reasonable times for inspections.
Requirement by a police officer for a relevant law
Clause 22 suggests what may be reasonable help for the purposes of
clause 20. The clause is suggests that what is reasonable help must be
decided according to the particular circumstances.
Power to demand production of licence etc. for weapons
Clause 23 applies where a person is required under the Weapons Act
1990--
a. to be the holder of a licence or permit to acquire; or
b. to have the approval of any person; or
c. to keep a register or record.
Subclause 2 provides that a person mentioned above may be required by
a police officer to produce a licence, permit to acquire, certificate, evidence of
approval, or a register or record within 48 hours.
However, if a person has physical possession of a weapon they may be
required to produce the weapon and associated licence immediately. The
clause is in addition to, and does not limit, clause 20 (Power to enter etc. for
relevant laws). The term licence is defined in the Dictionary.
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Police Powers and Responsibilities
PART 2--SEARCHING PERSONS, VEHICLES AND
PLACES WITHOUT WARRANT
Division 1--Roadblocks
Roadblocks
Clause 24 provides the authority for a police officer to establish a
roadblock. A roadblock is conditional on the person sought--
a. having committed an offence punishable by 7 or more years
imprisonment;
Example--
A person has committed an armed robbery and is driving from the scene.
b. possibly unlawfully depriving someone else of their liberty;
Example--
A person has kidnapped another and is moving the person from one place to another.
c. being unlawfully deprived of his or her liberty;
Example--
A kidnapped person may be held in the boot of a vehicle moving from one place to
another.
d. having escaped from lawful custody; or
Example--
A person has escaped from a police officer following arrest, from a watchhouse, a
prison, a prison officer, or a child detention centre or employee of that centre.
e. possibly endangering the life or safety of someone else.
Example--
A person is driving a vehicle dangerously on a road, for example, at 160kph through a
town.
If a precondition to a roadblock is met, a police officer may stop any
vehicle and detain the vehicle for a reasonable time to search it for a person
mentioned above.
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Police Powers and Responsibilities
Example--
It may be necessary to have the driver of a vehicle open the boot of his or her vehicle
to search for a person who has been kidnapped.
Prior to establishing a roadblock a police officer must consider when and
where the circumstances constituting a precondition to a roadblock occurred
or any information regarding the whereabouts of the person sought.
Examples--
1. Where there has been a prison outbreak it would be reasonable to suspect
that a roadblock would be effective if established shortly after the outbreak
and in the vicinity of the prison, but not if established in that location 24
hours later in the absence of any additional information.
2. Where there has been prison outbreak it would be reasonable to suspect that
a roadblock would be effective if established 48hrs after the outbreak if a
person resembling an escapee is recently seen in the area of the proposed
roadblock.
Procedure for establishing roadblocks
Clause 25 requires the senior police officer present to consider the effect
of the roadblock on road safety and public safety, the likelihood of a
dangerous situation arising if a person sought is located at the roadblock, and
any other safety considerations prior to establishing a roadblock. While
these factors do not prevent a roadblock being established in a particular
location, consideration must be given to the benefits to be gained as opposed
to the likelihood of injury occurring to a member of the public.
Record of roadblock to be made
Clause 26 requires the senior police officer present to ensure that records
relating to the roadblock are kept.
Division 2--Searching persons without warrant
Searching persons without warrant
Clause 27 provides a police officer with power to search a person without
warrant where there is a reasonable suspicion that a prescribed circumstance
mentioned in clause 28 exists. For the purpose of the search the police
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Police Powers and Responsibilities
officer may stop and detain the person and search not only the person but his
or her possessions. The section also provides for the seizure of evidence of
the commission of an offence or anything that a person intends to use to
cause harm to himself, herself or someone else or an antique firearm.
Prescribed circumstances for searching persons without warrant
Clause 28 provides that the search of a person under clause 27 may
occur in the following circumstances--
a. the person has something that may be--
i. a weapon, knife or explosive the person may not lawfully possess;
or
ii. an unlawful dangerous drug; or
iii. stolen property; or
iv. unlawfully obtained property; or
v. tainted property; or
vi. evidence of the commission of a 7 year imprisonment offence the
police officer reasonably suspects may be concealed on the person
or destroyed.
b. the person possesses an antique firearm and is not a fit and proper
person to be in possession of the firearm--
i. because of a mental and physical fitness; or
ii. because of a domestic violence order;
iii. because of having been found guilty of an offence involving the
use, carriage, discharge or possession of a weapon;
c. the person has something that may have been used, is being used, is
intended to be used, or is primarily designed for use, as an
implement of housebreaking, unlawfully using or stealing a vehicle,
or the administration of a dangerous drug;
Examples--
1. The person has possession of a scanner which if pointed at the door of a car
and activated will decipher and replicate the electronic code which
automatically unlocks the door of a car.
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Police Powers and Responsibilities
2. The person has possession of a coat hanger which has been bent to a shape to
allow it to be used to unlock the door of a car and the person has it for the
purpose of using it to break into a car and steal it.
3. The person has possession of a picklock with the intent of breaking into a
house to commit an offence.
4. The person has possession of a pipe for smoking cannabis sativa.
d. the person has something he or she intends to use to cause harm to
himself, herself or someone else;
Examples--
1. A person may have possession of a knife with which the person intends to
commit suicide.
2. A person may have possession of a baseball bat and be walking to a place
where the person intends to use the baseball bat to assault another person.
e. the person is at a casino and may have contravened or attempted to
contravene the Casino Control Act 1982, section 103 (Cheating) or
section 104 (Unlawful use of certain equipment etc);
f. the person has committed, is committing, or is about to commit--
i. an offence against the Racing and Betting Act 1980; or
ii. an offence against the Corrective Services Act 1988, section 104
(Offences by persons other than prisoners); or
iii. an offence that may threaten the security or management of a
prison or the security of a prisoner.
Division 3--Searching vehicles without warrant
Searching vehicles without warrant
Clause 29 (subclauses 1 and 2) provide that a police officer with power to
stop and detain a vehicle and its occupants and search a vehicle and anything
in it without warrant where--
a. there is a reasonable suspicion that a prescribed circumstance
mentioned in clause 30 exists; or
b. the vehicle is being unlawfully used; or
c. a person in the vehicle is an escapee and may be arrested without
warrant or under a warrant under the Corrective Services Act 1988.
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Police Powers and Responsibilities
Also, subclause (3) provides that if the driver or passenger is arrested for
an offence involving something the vehicle and anyone in it may be detained
and the vehicle and anything in it searched without warrant.
Example--
If a police officer sees a person wanted for a stealing offence travelling in a vehicle
the police officer may stop the vehicle, arrest the person and detain the vehicle and
its occupants for the purpose of searching the vehicle and its contents.
Subclause (4) provides that if it is impractical to search the vehicle at the
place it is stopped, a police officer may take the vehicle to a place with
appropriate facilities for searching the vehicle and search it at that place.
Examples--
1. A police officer may drive a detained vehicle to a police station for the
purpose of search if the officer reasonably suspects that heroin may be
concealed in a tyre of the vehicle.
2. A police officer may arrange for a vehicle to be towed to a police
establishment for scientific examination if the officer reasonably suspects
that the vehicle may have been used in a kidnapping, or a murder offence
and the officer does not want to risk damaging potential evidence, e.g. DNA,
by driving the vehicle.
Subclause (5) allows a police officer to seize anything that may be
evidence of an offence or that a person intends to use to cause harm to
himself, herself or someone else or an antique firearm.
So that there is no doubt regarding a police officer being on or in a
vehicle, subclause (6) provides an entry, re--entry and remaining power to
search and remove anything seized.
Prescribed circumstances for searching vehicle without warrant
Clause 30 provides that the search of a vehicle under clause 29 may occur
where the vehicle may contain something that--
a. may be a weapon, or explosive a person may not lawfully possess;
or
b. a person possesses which may be an antique firearm and the person
is not a fit and proper person to be in possession of the firearm--
i. because of a mental and physical fitness; or
ii. because of a domestic violence order;
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Police Powers and Responsibilities
iii. because of having been found guilty of an offence involving the
use, carriage, discharge or possession of a weapon;
c. may be an unlawful dangerous drug; or
d. may be stolen property; or
e. may be unlawfully obtained property; or
Example--
The vehicle may contain property which was received by an occupant as a result of a
false pretence committed on a person.
f. may have been used, is being used, is intended to be used, or is primarily
designed for use, as an implement of housebreaking, unlawfully using or
stealing a vehicle, or the administration of a dangerous drug;
Examples--
1. The vehicle may contain a scanner which if pointed at the door of a car and
activated will decipher and replicate the electronic code which
automatically unlocks the door of a car.
2. The vehicle may contain a coat hanger which has been bent to a shape to
allow it to be used to unlock the door of a car and the person has it for the
purpose of using it to break into a car and steal it.
3. The vehicle may contain a picklock with the intent of breaking into a house
to commit an offence.
4. The vehicle may contain a pipe used for smoking cannabis sativa.
g. may be evidence of the commission of an offence against--
i. the Racing and Betting Act 1980; or
ii. the Corrective Services Act 1988, section 104 (Offences by
persons other than prisoners); or
iii. the Nature Conservation Act 1992.
h. may have been used, is being used, or is intended to be used, to
commit an offence that may threaten the security or management of
a prison or the security of a prisoner.
Example--
1. The vehicle may be lurking in the vicinity of a prison and contain diamond
wire intended for use in cutting through security grills at the prison.
2. The vehicle may be entering a prison and contain alcohol or otherwise lawful
precursors used for drug manufacture which it is intended to smuggle into a
prison.
i. may be tainted property; or
20
Police Powers and Responsibilities
j. may be evidence of the commission of a 7 year imprisonment
offence the police officer reasonably suspects may be concealed on
the person or destroyed.
k. a person may intend to use to cause harm to himself, herself or
someone else;
Examples--
1. A person may have possession of a knife with which the person intends to
commit suicide.
2. A person may have possession of a baseball bat and be walking to a place
where the person intends to use the baseball bat to assault another person.
Division 4--Searching public places without warrant
Searching public places without warrant
To remove any doubt, Clause 31 provides that it is lawful for a police
officer to exercise the following powers in a public place without a search
warrant--
a. enter and stay on it to exercise a power in paragraphs (b) to (f);
b. search the place and anything in it that may be evidence of an
offence;
c. seize any thing found in the place, or on a person in the place, that a
police officer reasonably suspects may be evidence of an offence;
d. photograph anything a police officer reasonably suspects may
provide evidence of an offence;
e. dig up land;
Examples--
1. Police may dig for a body suspected of being murdered and buried in a
National Park.
2. Police may dig in a park for dangerous drugs that may be buried.
f. open anything that is locked
Example--
Police may open a locked bag found on a railway station platform that may contain
an explosive or a dangerous drug.
However, subclause (2) limits the use of the power in places that are only
public places while they are open to the public, e.g. a cinema. In these
instances a police must--
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Police Powers and Responsibilities
a. first obtain the consent of the occupier of the place; or
b. obtain a search warrant; or
c. use the powers and responsibilities contained in Chapter 3, Part 2
(Search to prevent loss of evidence).
Subclause (3) allows a police officer to use search warrant powers when
an occupier consents to a search. This ensures that the powers used for the
search of a public place with consent are consistent with, and do not exceed,
those which may be used in a search sanctioned under a search warrant.
PART 3--POWER TO REQUIRE NAME, ADDRESS
OR AGE
Division 1--Powers relating to name and address
Person may be required to state name and address
Clause 32 provides power to a police officer to require a person to state
his or her correct name and current place of residence in circumstances
prescribed in clause 33.
Subclause (2) allows a police officer to require the person to give
evidence of the correctness of the stated name and address if, in the
circumstances, it would be reasonable to expect the person to be in
possession of that evidence.
Examples of circumstances where it may be expect a person to be in possession of
evidence--
1. It is reasonable to expect that a person can produce evidence of correctness
if the person is carrying a wallet.
2. It is reasonable to expect that a person can produce evidence of correctness
if the person is driving a vehicle.
3. It is reasonable to expect that a person can produce evidence of correctness
if the person can does not have identification on them but can call on another
person to verify the name and address supplied.
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Police Powers and Responsibilities
Examples of where a person may not be expected to be able to produce evidence of
correctness--
1. It is not reasonable to expect that a person can produce evidence of
correctness if the person is alone on a beach and has only swimming attire.
2. It is not reasonable to expect that a person can produce evidence of
correctness if the person is jogging while dressed in jogging attire.
Subclause (3) provides that a person does not commit an offence of
contravening a requirement to state his or her name and address if--
a. for clause 33(a) or (b) (found committing an offence or reasonably
suspected of having committed an offence), the substantive offence
is not proved;
b. for clause 33(e), the person is not proved to be the person named in a
warrant, summons or other court document;
c. for clause 33(g) (domestic violence), the person is not proved to
have been involved or to be about to be involved in an act of
domestic violence or associated domestic violence; or
d. for clause 33(h) (help in investigation of a domestic violence incident
or vehicle incident) or (i) (witness to offence), the person is not
proved to have been able to help in the investigation.
Subclause (4) also extends the presumption of innocence to a failure to
comply with a requirement to provide name and address in relation to
offences against the Tobacco Products (Prevention of Supply to Children)
Act 1998 if no--one is proved to have committed an offence against that
Act.
Prescribed circumstances for requiring name and address
Clause 33 list the prescribed circumstances for requiring a person to state
his or her name and address under clause 31 as a police officer--
a. finds a person committing an offence;
b. reasonably suspects a person has committed an offence;
c. is about to take the person's identifying particulars under an
identifying particulars notice;
d. is about to give, is giving, or has given a noise abatement direction,
an initial nuisance direction or a final nuisance direction;
23
Police Powers and Responsibilities
e. is attempting to enforce a warrant or serve a summons or other court
document on a person;
f. reasonably considers the person's name and address is necessary for
the administration or enforcement of an Act prescribed under a
regulation for this clause;
g. reasonably suspects a person has been or is about to be involved in
an act of domestic violence or associated domestic violence;
h. reasonably suspects the person may be able to help in the
investigation of an act of domestic violence or associated domestic
violence or a relevant vehicle incident.
i. reasonably suspects the person may be able to help in the
investigation of an alleged indictable offence because the person was
near the place when the offence happened or before or soon after it
happened;
j. finds a person in control of a vehicle that is stationary on a road or
has been stopped under clause 51 (traffic, e.g. drink driving, or
littering offences).
Division 2--Powers relating to age
Powers for age--related offences
Clause 34 applies if a person is at a place or engaging in an activity at a
place and the age of the person is relevant to the person's entitlement to be at
the place or to engage in the activity, e.g. being on licensed premises. A
police officer may require a person to state his or her correct date of birth
and if it is reasonable in the circumstances to produce evidence of the stated
date of birth.
If a police officer asks a person give evidence of the person's date of birth
and is not satisfied the person is old enough to be at the place or engage in
the activity at the place, the police officer may direct the person to
immediately leave the place, or the part relevant to age and not return, or not
to engage in the activity.
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Police Powers and Responsibilities
Unlawful supply of tobacco products to children
Clause 35 applies if a police officer observes a person being supplied with
a tobacco product and reasonably suspects the person is a child. The police
officer may ask the person for evidence of age and may seize the tobacco
product as evidence of an offence against the Tobacco Products (Prevention
of Supply to Children) Act 1998 if the person refuses or is unable to comply
with the request, or produces evidence indicating the person is a child.
PART 4--DIRECTION TO MOVE--ON
Part 4 refers to a "prescribed place" which is defined in the Dictionary
as--
a. for soliciting for prostitution, means any public place to which the
public has access, whether on payment of a fee or otherwise, but
does not include any area in a licensed brothel that can not be viewed
from outside the brothel;
b. a shop;
c. a child--care centre;
d. a pre--school centre;
e. a primary, secondary or special school;
f. premises licensed under the Liquor Act 1992;
g. a railway station and any railway land around it;
h. a mall;
i. South Bank Parklands;
j. a racing venue;
k. an automatic teller machine;
l. a place declared under section 41 to be a notified area.
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Police Powers and Responsibilities
Part does not apply to authorised public assemblies
Clause 36 provides that the move--on powers do not apply to an
authorised public assembly under the Peaceful Assemblies Act 1992.
When power applies to behaviour
Clause 37 applies to a person's behaviour at or near a prescribed place if a
police officer reasonably suspects the behaviour is or has been--
a. causing anxiety to a reasonable person entering, at or leaving the
place; or
Examples--
1. A stranger approaching a child and asking the child if he or she wants to be
driven home.
2. Youths gathering around the footpath near the entrance to a railway station
tunnel and causing anxiety to any person by abusing any person who wants to
use the tunnel to get to a train platform.
3. A group of persons harassing other persons walking through a mall.
b. interfering with trade or business at a place by unnecessarily
obstructing, hindering or impeding someone entering, at or leaving
the place, or
Example--
A group of persons deliberately stepping in front of someone who is attempting to
enter or leave a late night store.
c. disorderly, indecent, offensive, or threatening to someone entering, at
or leaving the place; or
Examples--
1. Persons fighting in front of a place in such a manner that a reasonable person
may feel threatened if they were to enter or leave.
2. A husband yelling as his estranged spouse who is attempting to leave a
school yard after picking up her child.
3. Youths gathering around the entrance to a railway station and threatening, or
by menace demanding something from, a person who wants to catch a train
or wants to leave a railway station.
d. disrupting the peaceable and orderly conduct of any event,
entertainment or gathering at the place.
Example--
1. An intoxicated person or a group of intoxicated persons disrupting a school
fete.
2. A person or persons interrupting or disrupting entertainment held at a
shopping complex.
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Police Powers and Responsibilities
With respect to trade or business at a place, subclause (2) provides that
the clause only applies if the complaint about behaviour is made by the
occupier of the place.
Subclause (3) provides that the move--on powers may be used with
respect to a person who a police officer reasonably suspects is soliciting for
prostitution in a prescribed place.
When power applies to a person's presence
Clause 38 applies to a person's presence at or near a prescribed place if a
police officer reasonably suspects the behaviour is or has been--
a. causing anxiety to a reasonable person entering, at or leaving the
place; or
Examples--
1. A person, who has no reasonable excuse for being there, is sitting in a
vehicle parked across from a school yard.
2. A person who is suspected, or reputed, to be selling drugs to school children
is standing outside a school yard without reasonable cause.
b. interfering with trade or business at a place by unnecessarily
obstructing, hindering or impeding someone entering, at or leaving
the place, or
Example--
A group of youths sitting on the steps in front of a store and by their presence are
preventing or impeding the entry of a person to that store.
c. disrupting the peaceable and orderly conduct of any event,
entertainment or gathering at the place.
Example--
Members of an extremist group standing at the entrance of a shop where a book
opposing their views is to be launched by the author.
With respect to trade or business at a place, subclause (2) provides that
the clause only applies if the complaint about behaviour is made by the
occupier of the place.
Direction may be given to person
Clause 39 provides a police officer with power to give a person or group
of persons, referred to in clauses 37 and 38, any direction reasonable in the
circumstances.
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Police Powers and Responsibilities
Examples--
1. If a person is sitting in the entrance of a shop is stopping people entering or
leaving the shop when it is open for business and the occupier complains, a
police officer may give to the person a direction to move away from the
entrance.
2. If a group of people have been fighting in a night club car park which is in a
notified area, a police officer may give the people involved in the fight a
direction to leave the notified area in opposite directions and not to return for
a specified number of hours in order to separate the aggressors.
3. If a stranger approaches a child outside a primary school an offers to give the
child a ride home, the person may be given a direction to leave the area of
the school and not return for a period of 24 hours.
Subclause (2) places a restriction on giving a move--on direction what
interferes with a person's right of peaceful assembly unless it is in the
interests of public safety, public order or the protection of the rights and
freedoms of other persons.
Subclause (3) allows a direction to remain in force for a maximum of 24
hours, to include a distance and direction a person must move, or a distance
from a place which the person must not enter for a maximum period of 24
hours.
Subclause (4) requires a police officer to tell the person or group of
persons the reasons for giving the direction.
Proposal for notified area
Clause 40 is a machinery section which allow a local government or a
government entity to apply for a declaration of a notified area to be made by
the Governor in Council. The application is be made in accordance with
requirements prescribed under a regulation to be made for this clause. The
declaration may be permanent or temporary.
Examples--
Where it comes to the attention of a local government that there are constant
problems created by drunken or violent persons in an area in which night clubs are
concentrated, the local government may make application to have the Governor in
Council declare a defined area (the night club precinct) to be a notified area.
A temporary declaration may be made for an Anzac day march or service or concerts
at entertainment venues or parks.
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Police Powers and Responsibilities
Declaration of notified areas
Clause 41 is a machinery section which empowers the Governor in
Council to declare a notified area by regulation.
PART 5--BREACHES OF THE PEACE, RIOTS AND
PREVENTION OF OFFENCES
Dealing with breach of the peace
Clause 42 limits the application of the section to where a police officer
reasonably suspects--
(a) a breach of the peace is happening or has happened; or
(b) there is an imminent breach of the peace; or
(c) there is a threatened breach of the peace.
Subclause (2) allow a police officer, in the circumstances mentioned in
subclause (1), to take the steps the officer considers reasonably necessary,
even though the conduct prevented may be otherwise lawful, to--
(a) prevent the breach of the peace happening or continuing;
(b) prevent the conduct constituting the breach of the peace happening
again .
Examples--
1. The police officer may detain a person until the need for the detention no
longer exists.
2. A police officer may transport a person from the place related to the breach
of the peace to another place to prevent continuation of the conduct or the
conduct occurring again.
3. A person who pushes in to the front of a queue may be directed to go to the
end of the queue.
4. Property that may be used in or for breaching the peace may be seized to
prevent the danger.
Subclause (3) allows a police officer to receive a person into custody who
has been detained by any other person for a breach of the peace under the
Criminal Code, section 260.
29
Police Powers and Responsibilities
Prevention of riot
Clause 43 allows a police officer to take any steps the officer reasonably
believes are necessary to suppress a riot. The clause also allows a police
officer to comply with the reasonable orders given by a justice for
suppressing a riot, to suppress a riot.
Prevention of offences
Clause 44 applies where a police officer reasonably suspects that an
offence has been committed, is being committed, or is about to be
committed. In these circumstances a police officer may take steps the
officer considers reasonably necessary to prevent the commission,
continuation or repetition of an offence.
Examples--
1. A police officer may require a person whose behaviour suggests that the
security of a prisoner may be threatened to move away from the vicinity of
the prisoner.
2. A police officer may require a person obstructing a fire service officer or
ambulance officer to leave a place where the fire service officer or
ambulance officer is and may use reasonable force to remove the person.
3. A police officer may require a person or group of persons to move away from
a person whom they are following if the police officer reasonably suspects
that the person or group of persons may assault or steal from the other person.
4. A police officer may remove or deface an obscene, or indecent placard,
picture, writing or advertisement attached to a place such as a building,
fence or tree if it contravenes an Act because it is visible to members of the
public.
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Police Powers and Responsibilities
PART 6--POWERS RELATING TO VEHICLES,
TRAFFIC AND ANIMALS
Division 1--Inquiry and investigation powers
Power of inquiry into road use contraventions
Clause 45 provides that it is lawful for a police office to make any
reasonably necessary inquiry, investigation, inspection, examination, or test
for establishing whether or not an offence against the Road Use
Management Act has been committed.
Subclause (2) allows a police officer to arrange for a suitable person to
make the inspection, examination or test for the police officer.
Power to require information about identity of drivers of vehicles etc.
Clause 46 provides police with the power to require information which
might assist in the identification of the person who was in control of a
vehicle when a contravention of a Road Use Management Act occurred
from persons specified in the clause, e.g., the owner of the vehicle.
Additional power of inquiry for relevant vehicle incidents
Clause 47 provides power to police to make any reasonably necessary
inquiry, investigation, inspection, examination or test to obtain information
about a vehicle, etc involved in a relevant vehicle incident or to establish the
cause of the incident or about a person involved in the incident.
Power of entry for ss 45--47
Clause 48 allows a police officer to enter and remain on any place for the
time reasonably necessary for the purpose of entry. However the police
officer may only use reasonable force to enter if the entry is authorised by an
inspector or above.
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Police Powers and Responsibilities
Production of driver licence
Clause 49 applies if a police officer--
a. finds a person committing an offence against the Road Use
Management Act; or
b. reasonably suspects a person of committing or having committed an
offence against the Road Use Management Act;
c. is making inquiries or investigations for establishing whether or not a
person has committed an offence against the Road Use Management
Act; or
d. reasonably suspects a person who was present at the scene of a
vehicle incident may be able to give information or evidence about
the incident; or
e. reasonably considers it is necessary for enforcing the Road Use
Management Act in relation to a heavy vehicle.
Subclause (2) allows the police officer to require the person to produce
his or her driver licence for inspection.
Subclause (3) allows a person (other than a person in control of a heavy
vehicle) who holds an open driver licence (other than a person in control of a
heavy vehicle) issued under the Road Use Management Act, 48 hours to
produce the licence at a nominated police establishment.
Subclause (4) requires that the nominated police establishment to be
reasonable in the circumstances.
Subclause (5) provides that subclause (3) does not apply to a person in
control of a heavy vehicle.
Power for regulating traffic
Clause 50 allows a police officer to give directions, signals or orders to
drivers, passengers or pedestrians for the safe and effective regulation of
traffic on a road.
Subclause (2) provides that if an emergency exists a police officer may
give directions, signals or order to the driver or passenger of a train.
Subclause (3) allows for the temporary closure of a road and the
diversion of traffic if an emergency exists.
32
Police Powers and Responsibilities
Examples--
1. A siege where firearms are being discharged and members of the public may
be hurt.
2. A serious traffic accident has occurred.
Subclause (4) extends the power to give directions to the owner or driver
of a parked vehicle to move the vehicle as soon as practicable.
Subclause (5) allows for the making of a regulation to prescribe the way a
police officer may give directions under the clause.
Generally, the purpose of the clause is to allow for police to direct traffic
movement in an effective and efficient manner and to take swift action to
reduce risk to any person or to maintain efficient traffic flow where an
emergency exists.
Stopping vehicles for prescribed purposes
Clause 51 allows a police officer to stop a vehicle (other than an aircraft or
train) for the purpose of enforcing a transport Act, to check whether a
vehicle complies with a transport Act or to enforce littering laws, to conduct
a breath test. For a breath test a police officer may enter, and remain on, the
vehicle. A person must not fail to comply with the requirement of a police
officer unless the person has a reasonable excuse.
Power to require vehicles to be moved
Clause 52 allows a police officer to direct the driver of a stationary vehicle
to move it to a nominated reasonable location for a prescribed purpose.
Limitations on the distance involved in the direction are specified in
subclauses (3) and (4). The purpose of the clause is to allow for a vehicle to
be moved to a safer area for the purpose of conducting a test or for it to be
moved to a location where suitable equipment for a test to be performed is
located.
Requirement to remain at a place
Clause 53 requires a driver stopped or required to move to another
location to ensure that the vehicle remains at the place nominated in the
direction for a time reasonably necessary to allow the exercise of a function
or power by a police officer.
33
Police Powers and Responsibilities
Power to inspect vehicles
Clause 54 empowers a police officer to conduct an inspection or test on a
vehicle that is stationary, has been stopped or moved to another place under
clause 51.
Power to enter vehicles etc. other than for vehicle inspection
Clause 55 allows a police officer to enter, search, inspect, measure, test,
photograph, film, take samples from, copy documents or move, a vehicle's
load if there is a reasonable suspicion that the vehicle is used to transport
dangerous goods, has been used to commit an offence against a transport
Act, may provide evidence of an offence against a transport Act or requires
the driver to keep a record of driving hours.
Power to require vehicle inspections
Clause 56 allows a police officer to require that a vehicle be inspected if
there is a reasonable suspicion that the vehicle does not comply with a
transport Act. However, where practicable the requirement must be given
on an appropriate notice. If not practicable the requirement may be given
orally and confirmed as soon as practicable by a notice.
Power to prohibit use of vehicles
Clause 57 allows a police officer who reasonably suspects that a vehicle is
unsafe or defective to require the vehicle not to be used on a road until the
vehicle is inspected or the defect is rectified. The requirement is to be given
in the form of an approved notice.
Subclauses (2) and (3) provide that a defect notice or a defective vehicle
label may be issued. It is an offence for a person to contravene or attempt to
contravene a prohibition notice unless the person has a reasonable excuse.
Subclause (4) lists the reasonable excuses for failing to comply with a
defect notice as cancellation of the registration or sale of the vehicle to a
motor dealer.
Subclause (5) requires, if applicable, the driver of a vehicle to give the
defect notice to the owner unless there is a reasonable excuse for not doing
so.
34
Police Powers and Responsibilities
Subclause (6) prohibits a person from removing a defective vehicle label
from a vehicle unless the person has a reasonable excuse.
Subclause (7) allows a police officer to remove a label if the police officer
is reasonably satisfied the vehicle is no longer defective.
Power to prohibit persons driving
Clause 58 provides that a police officer may, by notice, prohibit the driver
of a vehicle on a road from driving the vehicle where it would contravene the
Road Use Management Act.
Power to enable effective and safe exercise of other powers
Clause 59 provides that a police officer may require a person in control of
a vehicle to give reasonable help to a police officer in exercising a power
under this division. Certain aspects of the operation of vehicle may be
unique and require knowledge of the vehicle in order to operate them thereby
requiring the driver to assist. Alternatively, a driver seated in a vehicle may
be required to release the bonnet lock as access to it may be restricted by the
driver's seating position.
Subclause (2) places a requirement on the driver of the vehicle to do
things reasonably necessary to enable a police officer to safely exercise a
power in relation to the vehicle or to preserve the safety of the police officer
or other persons. Therefore, the driver may be required to get out of the
vehicle while an inspection is made of it or the driver may be required to get
out of the vehicle and stand on a footpath away from traffic movement.
Also, a driver may be required to keep his or her foot on the brake pedal
while an aspect of an examination of the vehicle is undertaken. A person
must comply with a requirement unless the person has a reasonable excuse.
Division 2--Removal powers
Removal of vehicles and animals from roads and other places
Clause 60 provides that a police officer may, in the circumstances
provided in clause 61, seize and move a vehicle or animal or arrange for it to
be moved to another place for safe keeping.
35
Police Powers and Responsibilities
Subclause (2) provides that a police officer in circumstances mentioned in
clause 59(2)(c) and (d) move or arrange for a vehicle or animal to be moved
to a place where it can be located by the owner.
Subclause (3) allows the person in control of a vehicle or animal to take
charge of it at any time before or while it is being moved provide the police
officer consents.
Prescribed circumstances for removing vehicles and animals
Clause 61 lists the prescribed circumstances for clause 60 as--
a. the person in control of the vehicle or animal has been arrested;
b. a police officer reasonably suspects the vehicle or animal has been
abandoned;
c. a police officer reasonably suspects the vehicle of animal has been
involve in a traffic incident and it is necessary to detain the vehicle or
animal for completing inquiries and investigations into the incident;
d. a police officer reasonably suspects that a vehicle or animal has been
left unattended, temporarily or otherwise and due to its location it
may be dangerous to others or it may prevent or hinder the use of the
road by other persons, e.g. a vehicle parked in a clearway or a bus
lane.
e. a police officer reasonably suspects that a vehicle or animal has been
left in circumstances that constitute an offence against the Road Use
Management Act, the Brisbane Forest Park Act 1977, the
Recreation Areas Management Act 1988, the Nature Conservation
Act 1992 and the person in control cannot easily be located or fails to
comply with a direction to move it immediately.
f. a police officer reasonably suspects a contravention of an Act has
happened involving an animal and it is necessary to take steps to
protect the animal.
Police officer may authorise tow
Clause 62 applies if a police officer seizes a vehicle under the Bill or any
other Act or the owner or owner's agent of a damaged vehicle is absent from
the vehicle or is incapacitated.
36
Police Powers and Responsibilities
Subclause (2) provides that in the circumstance described a police officer
may sign a towing authority for the removal of the vehicle,
Subclause (3) requires the tow truck driver to tow the vehicle to the
nearest holding yard available to the driver or if directed by a police officer,
to the nearest police station or other place as directed, e.g. a police garage for
inspection purposes.
Steps after seizing vehicle or animal
Clause 63 provides that as soon as practicable, but within 14 days after
the seizure and moving of a vehicle or animal, the police officer responsible
must give or arrange for a notice to be given to the owner advising of the
whereabouts of the vehicle or animal. The notice must, if practicable, be
given personally or if not practicable an advertisement must be published in
a newspaper.
Recovery of seized vehicle or animal
Clause 64 allows the commissioner to auction or dispose of a vehicle or
animal if, within 1 month of notice being given under clause 61, the owner
does not recover the vehicle or animal. An advertisement in a newspaper
must give notice of the intended sale or disposal.
Application of proceeds of sale
Clause 65 relates to the distribution of the proceed of the sale and requires
that the expenses of the sale and the cost of seizure and keeping the vehicle
or animal be paid with the remainder being given to the owner.
Compensation is not recoverable against the State for a payment under this
clause.
Division 3--Other provisions about animals
Powers in relation to offences involving animals
Clause 66 applies if a police officer reasonably suspects that an offence
involving an animal has been, is being or is about to be committed at or
involving a place.
37
Police Powers and Responsibilities
Subclause (2) provides that a police officer may enter the place and--
a. search for and inspect any animal, e.g. for signs of cruelty; and
b. search for and inspect any brand, mark, branding instrument, pliers
or other device used for identifying an animal; and
c. open anything that is locked; and
d. seize anything reasonably suspected of being evidence; and
e. muster, yard, detain, clip or otherwise deal with the animal.
Subclause (3) provides a police officer with the power to stop any
travelling livestock, any vehicle being used to transport animals, and any
vehicle used by a person accompanying the animals.
Examples--
1. A road train may be stopped to inspect the animals.
2. A drover's vehicle may be stopped to search for evidence of an offence
regarding animals.
Offence to interfere with seized animals
Clause 67 applies if an animal is seized under this Act. A person must
not interfere with move or have possession or control of an animal or enter
or be on the place an animal is kept unless the person is a police officer or
authorised by a police officer.
CHAPTER 3--SEARCH WARRANTS, OBTAINING
DOCUMENTS, AND CRIME SCENES
PART 1--SEARCHING PLACES WITH WARRANTS
Search warrant application
Clause 68 allows a police officer to apply to a justice for a search warrant.
Subclause (3) restricts the application to a magistrate if the thing sought is
only evidence of the commission of an offence because may be liable to
forfeiture or is forfeited, or it may be used in evidence of a forfeiture
38
Police Powers and Responsibilities
proceeding, or it is a property tracking device. This subclause is altered
from that appearing in the PPRA 1997 to rectify a misinterpretation that if
the thing sought is evidence of an offence and may also be used, for
example, as evidence in a forfeiture proceeding then only a magistrate may
issue the warrant. If the thing sought is to be used primarily as evidence of,
for example, a fraud as in the case of documents, then a justice may issue
the warrant irrespective that the documents may also be used in a forfeiture
proceeding. If however, the documents are sought only for a forfeiture
proceeding although a fraud offence may later come to light, the application
is to be made to a magistrate. The need to apply to a magistrate is to be
determined on the basis of the primary purpose for the warrant.
Subclause (3) provides that an application for a warrant is to be made to a
magistrate if the thing sought is evidence of the commission of an indictable
offence committed in another State that would also be an indictable offence
is committed in Queensland.
Subclause (4) provides that the application is to be made to a Supreme
Court judge if a search intended to be made will involve causing structural
damage to a building, e.g. a concrete floor abutting building foundations is to
be dug up in order to search for a body suspected of being murdered. This
subclause does not apply to the mere removal of timber flooring which will
not weaken the structure of a building.
Subclause (5) requires the application to be sworn and state the grounds
on which the warrant is sought and include information specified in the
responsibilities code about search warrants issued within the previous year
with respect to the place or person involved in the current application.
Subclause (6) provides that the information required applies only to that
kept in a register the police officer may inspect or of information which the
police officer has knowledge. A police officer working at an operational
station is not required to attempt to inspect a register maintained by police
officers working at the Ethical Standards Command of the police service or
the CJC or QCC as access to these registers is limited and denied to most
operational police.
Subclause (7) allows the issuer to refuse to consider the application until
the issuer is provided with such additional information the issuer requires.
The additional information sought must be reasonable in the circumstances.
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Police Powers and Responsibilities
Issue of search warrant
Clause 69 requires that an issuer may only issue a search warrant if he or
she is satisfied there are reasonable grounds for suspecting evidence of the
commission of an offence is at the place or is likely to be at the place within
the next 72 hours. To relieve any uncertainty regarding the application of a
similar provision in the PPRA 1997, if the police officer reasonably suspects
the evidence is at the place, but cannot be certain for the obvious reason that
he or she has not seen it, then clause 69(a)applies. However, if the police
officer has received information that the evidence is to be brought onto the
place within the next 72 hours then clause 69(b) applies.
If justice refuses application for search warrant
Clause 70 allows a police officer to make a further application to a
magistrate or judge for a search warrant is a justice of the peace refuses the
initial application, however, the magistrate or judge must be informed that a
justice of the peace has refused the application.
Order in search warrants about documents
Clause 71 provides that where a magistrate issues a search warrant, the
magistrate may make an order as part of the warrant requiring a person in
possession of documents at the relevant place to give a police officer those
documents.
When search warrant ends
Clause 72, subclause (1) provides that a search warrant issued because
things sought are reasonably suspected of being at the place remains in force
for a period of 7 days after it is issued.
Subclause (2) provides that a search warrant issued because it is
reasonably suspected that things sought are to be brought onto the place in
the next 72 hours remains in force for a period of 72 hours after it is issued.
To relieve any uncertainty regarding the application of a similar provision
in the PPRA 1997, if the police officer reasonably suspects the evidence is at
the place, but cannot be certain for the obvious reason that he or she has not
seen it, then clause 69(a)applies. However, if the police officer has received
information that the evidence is to be brought onto the place within the next
72 hours then clause 69(b) applies.
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Police Powers and Responsibilities
What search warrant must state
Clause 73 requires a warrant to state that a stated or all police officers may
enter a place and exercise search warrant powers. If the warrant is issued in
relation to an offence--brief particulars of the offence, or for a forfeiture
proceeding--the Act under which the forfeiture proceeding is authorised.
Also, any evidence which may be seized is to be listed in the warrant
together with an authorisation for the warrant to be executed at night, if
applicable. The date and time the warrant ends is to be placed on the
warrant. Brief particulars of the offence may be the short title of the offence
together with when and where the offence was committed, if known.
Reference to evidence which may be seized will not, in every case, require a
particularised description of each item. If, for example, information is
received by the applicant that stolen car parts are located at a particular place,
then reference to car parts rather than a detailed description of each part, is to
be sufficient for the warrant. Additionally, where information is received
that a person has been stealing property from cars parked in a railway station
car park then it is not necessary to detail each item stolen where this
information is not known. It shall be sufficient to refer to property, the
description of which is not known, that is reasonably suspected of having
been stolen from the vehicles. Clearly, in some instances the information
received by police will not be of such a quality as to allow for each item
relating to the suspected offence to be particularised in the warrant.
Subclause (2) provides that if the offence relates to a transport vehicle and
involves the safety of that vehicle or anyone on it then the warrant may
authorise the search of anyone or anything in or on or about to board, or be
put in or on, the vehicle.
Example--
Where information is received that a bomb has been or may be placed on an aircraft
located at a boarding terminal, all luggage and passengers may be searched.
Subclause (3) provides that if a magistrate who makes an order under
clause 71 (production of documents) the warrant must state that failure,
without reasonable excuse, to comply with the order is an offence against
section 205 of the Criminal Code.
Powers under search warrants
Clause 74 provides that a police officer may exercise the following
powers under a search warrant--
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Police Powers and Responsibilities
a. enter the place specified and remain there to exercise the powers
contained in paragraphs (b) to (m);
b. pass over, through along or under another place to enter the relevant
place;
c. search the place for items sought under the warrant;
d. open anything in the relevant place that is locked;
e. detain anyone at the relevant place for the time reasonably necessary
to find out if the person has anything sought under the warrant;
f. if the police officer reasonably suspects a person on the relevant
place has been involved in the commission of the offence--power to
detain the person during the search;
g. dig up land
h. seize evidence relating to the warrant at the place or on a person at the
place;
i. muster, hold and inspect any animal reasonably suspected of being
able to provide evidence of the commission of an offence to which
the warrant relates;
j. photograph anything reasonably suspected of being able to provide
evidence;
k. remove wall or ceiling or floors of a building or panels of a vehicle
to search for evidence of an offence.
Example for paragraph (j)--
The house searched may be photographed so as to acquaint a court with the design of
the house and the location property was seized.
Subclause (2) provides that a police officer, if authorised under the
warrant, may--
a. search anyone found at the place for anything sought under the
warrant that can be concealed on the person;
b. search anyone or anything in or on or about to board, or be put in or
on, a transport vehicle; or
Example--
The warrant may allow for the search of all passengers where information is received
that a bomb has been or may be placed on an aircraft located at a boarding terminal.
c. take a vehicle to another place with appropriate facilities for a search
and there search the vehicle.
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Police Powers and Responsibilities
Copy of search warrant to be given to occupier
Clause 75 requires that a police officer must give a copy of a warrant and
a statement summarising a person's rights and obligations to the occupier of
the place or if the occupier is not present, then leave it in a conspicuous
place.
However, compliance with the requirement may be delayed if it would
frustrate or otherwise hinder that of another investigation but for only so
long as a reasonable suspicion relating to the frustration or hindrance
remains and a police officer involved in the investigation remains in the
vicinity of the place to keep it under observation
Examples--
1. A police officer may conduct a search of a warehouse in the absence of any
person related to the warehouse and find stolen property. The officer may
then refrain from leaving a copy of the warrant or other indication of a search
and keep the warehouse under surveillance in the hope that a person
responsible for the theft of the property may return.
2. A police officer who during a search of a farm in the absence of the occupier
might locate a drug plantation. The officer may remain hidden on the farm
without leaving any visible indication of his presence in order to wait for a
person who tends the plantation to return.
PART 2--SEARCH OF PLACE TO PREVENT LOSS
OF EVIDENCE
Application of pt 2
Clause 76 restricts the application of the part to the following offences--
a. an indictable offence;
b. a gaming or betting offence;
c. a Crimes (Confiscation) Act 1989 offence;
d. an Explosives Act 1999 offence;
e. a Nature Conservation Act 1992 offence;
f. a Weapons Act 1990 offence.
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Police Powers and Responsibilities
Search to prevent loss of evidence
Clause 77 applies if a police officer reasonably suspects that a thing at or
about a place, or in the possession of a person at or about a place is evidence
of the commission of a specified offence and is likely to be concealed or
destroyed is the place is not immediately entered and searched.
The clause also applies where there is a risk to life or a risk of property to
a transport vehicle, e.g. a report of a bomb on a plane. All the powers of a
search warrant including the additional power to search any person
connected with the transport vehicle, e.g. a passenger, applies.
Subclause (3) permits a police officer to exercise the powers of search
warrant with respect to the place with the exception of the power to cause
structural damage.
Post--search approval
Clause 78 requires that as soon as reasonably practicable after exercising
the powers the police officer must apply to a magistrate in writing for an
order approving the search.
It is not expected that an application will be made at an unreasonable hour
following a search when it may more appropriately be made during court
hours.
The purpose of the clause is to ensure that a police officer obtains no relief
from judicial oversight by using clause 76 to avoid the need to first obtain a
search warrant in circumstances where the obtaining of search warrant is
practical and reasonable.
In the normal course of events it is not the intention of the clause to
require the police officer to be present at the time the application is heard and
determined by a magistrate. A written application made by the police officer
and presented by a representative of the police officer, e.g., a prosecutor, is
sufficient for the application to be heard. However, a magistrate requiring
further information may adjourn the hearing of the application for such time
as is necessary for the further information to be made available or the
applicant to be present at the hearing.
Also, as in the case of the making of an application for a search warrant it
is not the intention of the clause that the person whose property is searched
or his or her legal representative is present at the application.
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Police Powers and Responsibilities
Making of post--search approval order
Clause 79 outlines the prerequisites placed on a magistrate for making a
post--search order. The magistrate must be satisfied that the police officer
had a relevant reasonable suspicion before exercising the powers and that
there was a reasonable likelihood that the evidence would be concealed or
destroyed or there was a risk to life or property in the case of a transport
vehicle if the police officer had not acted.
Regardless of the magistrate not being satisfied of the forgoing he or she
may still make an order approving the search if he or she is of the opinion
that having regard to the nature of the evidence found it is in the public
interest to make the order.
Example--
It is in the public interest to approve a search where the search was made without a
reasonable suspicion if a large quantity of dangerous drugs was found as a result of
the search.
The magistrate may make an order in relation to the things seized
irrespective that he or she does not make a post--search approval.
Additionally, it is not the intent of the section that evidence obtained as a
result of a search without warrant which is not subsequently approved be
inadmissible in an ensuing trial. The discretion for the admission or
exclusion of the evidence in this case should properly rest with the trial
court.
Appeal
Clause 80 allows a police officer to appeal to the Supreme Court within
28 days of a magistrate refusing to make a post--arrest approval order or
making an order under clause 79(2). The police officer is to retain the thing
seized pending the outcome of the appeal. The Supreme Court is also
empowered to make an order regarding the retention, disposal, return or
destruction of the thing irrespective of its finding on the appeal.
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Police Powers and Responsibilities
PART 3--CRIME SCENES
Division 1--Establishment of crime scenes
Gaining access to crime scenes
Clause 81 provides that it is lawful for a police officer to enter a place
reasonably suspected of being a crime scene and stay on the place for the
time reasonably necessary to decide whether or not the place is a crime
scene. Also, a police officer may enter any other place in order to gain
access to the crime scene.
Initial establishment of crime scene
Clause 82 provides that a police officer at a place who decides the place is
a crime scene may establish a crime scene and exercise crime scene powers
at that place. In establishing a crime scene the officer may take such action
as is necessary to give the public notice that the place is a crime scene.
However, if a judge or magistrate refuses to issue a crime scene warrant
under clause 88 the place stops being a crime scene.
Responsibility after establishing crime scene
Clause 83 provides that, unless a place is a public place, as soon as
practicable after establishing a crime scene a police officer must apply to a
magistrate for a crime scene warrant. If structural damage could be done to
a building during a search the application must be made to a Supreme Court
judge irrespective or whether a magistrate has issued a warrant.
However, if a place is a public place only while open to the public and the
occupier requires police to leave the place, a police officer may obtain a
crime scene warrant.
Examples of public place only while open to the public--
1. A cinema.
2. A hotel.
3. An art gallery.
4. A camping ground.
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Police Powers and Responsibilities
Deciding limits of crime scene
Clause 84 requires a police officer to identify what constitutes the crime
scene, the boundaries necessary to protect the crime scene and mark the
limits in a way that sufficiently identifies to the public it is a crime scene.
The clause allows a police officer to set boundaries which are outside the
perimeter in which evidence may be obtained. This is to ensure that a
person does not venture near the extremities of the area in which the
evidence may be found.
Although in the normal course of events crime scene tape would be used
to define the crime scene boundaries, if it is not available then anything
which indicates a boundary may be used including a notice or a guard.
Restricting access to crime scene
Clause 85 recognises the fact that it is essential to an investigation that a
crime scene is restricted to all persons who are not required as part of the
investigation. Therefore, there is a statutory requirement on the responsible
officer (establishing officer or officer in charge) to immediately take steps he
or she considers reasonably necessary to protect anything at the crime scene
from damage or destruction. Although not exclusive, these steps may
include ensuring non--essential people (including police officers) do not
enter the crime scene, preventing unnecessary movement in the crime scene
and establishing a safe walking area to reduce damage to evidence.
Subclause (2) provides that a person, other than the responsible officer,
must not enter a crime scene unless the person has a special reason
associated with the investigation, is invited in by the responsible officer or
investigating officer, is an authorised assistant, or is a person who presence
is necessary to preserve life or property.
Examples for subclause (2)--
1. A police officer, other than a member of the investigation team who has
entered the crime scene to remove a person.
2. An undertaker to remove a body.
3 A senior police officer may be invited into the crime scene to offer advice.
4. A forensic scientist may be invited in to gather evidence.
5. An ambulance officer or doctor may enter to provide medical attention.
6. A fire officer may enter to put out a fire which could endanger property.
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Police Powers and Responsibilities
Subclause (4) requires the responsible officer to ensure that a record is
made of each person who is present at the crime scene. This subclause
allows for cross testing to be done at a later time if it is suggested that a
foreign object was introduced into the crime scene or to rebut a suggestion
that a particular person entered the crime scene.
Preserving evidence at the crime scene
Clause 86 places a requirement on a responsible officer to ensure that
nothing in the crime scene is unnecessarily touched or moved until all
necessary forensic or technical examinations are completed or unless there is
a possibility that the thing could be damaged or destroyed if it is not moved.
Division 2--Crime scene warrants
Application for crime scene warrant
Clause 87 allows a police officer to apply to a Supreme Court judge or a
magistrate for a crime scene warrant. While this is essentially a machinery
section it does provide that the occupier of the place must, if reasonably
practicable, be given notice of the making of the application unless the notice
would frustrate or hinder the investigation. If notice is given the occupier is
entitled to be present and heard on the application.
Consideration of application and issue of crime scene warrant
Clause 88 is a machinery section outlining considerations to be taken into
account by the issuer when issuing a crime scene warrant. If, however, the
place ceases to be a crime scene prior to the issuer fully considering the
application, it is intended that the issuer will still issue a crime scene warrant
for the period the place was a crime scene if the criteria for issuing a warrant
are satisfied.
What crime scene warrant must state
Clause 89 stipulates that a crime scene warrant must stipulate that a stated
police officer may establish a crime scene and exercise appropriate powers at
the site and that any police officer necessary may enter and stay on the place
for a stated period of up to 7 days or any period the crime scene is extended.
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Police Powers and Responsibilities
If the issuer is a Supreme Court judge because structural damage to a
building is likely then the judge must endorse the warrant to authorise
structural damage or may, even though the judge may issue the warrant
stipulate that structural damage is not to be done.
Duration, extension and review of crime scene warrant
Clause 90 is a machinery clause which stipulates the day a crime scene
warrant stops and allows an issuer to extend the warrant for no more than 7
days at a time.
Review of crime scene warrant
Clause 91 provides that where an occupier was not present at the making
of the application through lack of knowledge or a genuine reason, the
occupier may apply to the issuer to revoke the warrant. Any application for
revocation does not effect the warrant until the occupier's application is
determined.
Copy of crime scene warrant to be given to occupier
Clause 92 requires that if a place that is occupied, the occupier is to be
given a copy of the warrant and a statement summarising the person's rights
and obligations under the warrant. If the occupier is not present the copy
must be left in a conspicuous place.
Division 3--Powers at crime scenes
Powers at crime scene
Clause 93 contains the powers of the responsible officer and a police
officer acting under the direction of a responsible officer. The powers are--
a. enter the crime scene;
b. if reasonably necessary, enter another place to gain access to the
crime scene;
c. perform any necessary investigation, including for example, search
the crime scene and inspect anything in it to obtain evidence of the
commission of an offence;
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Police Powers and Responsibilities
d. open anything at the crime scene that is locked;
e. take electricity for use at the crime scene;
f. dig up anything at the crime scene;
g. remove wall or ceiling linings or floors of a building, or panels of a
vehicle;
h. remove or cause to be removed an obstruction from the crime scene;
i. photograph the crime scene and anything in it'
j. seize all or part of a thing that may provide evidence of the
commission of an offence.
The powers are clarified in subclause (2) by a provision requiring the
prior authority of a Supreme Court judge if structural damage may be
caused to a building.
An authorised assistant at a crime scene may perform a function
mentioned in subsection (1) if asked by the responsible officer.
Powers of direction etc. at crime scene
Clause 94 allows the responsible officer and a police officer acting under
the direction of a responsible officer to--
a. direct a person to leave the crime scene or remove a vehicle or animal
from the crime scene;
b. remove of cause to be removed from the crime scene--
i. a person who fails to comply with a direction to leave the crime
scene;
ii. a vehicle or animal a person fails to remove from the crime scene;
c. direct a person not to enter the crime scene;
d. prevent a person from entering the crime scene;
e. prevent a person from removing evidence from or otherwise
interfering with the crime scene or anything in it and for that
purpose, detain and search the person;
f. direct the occupier of the place or a person apparently involved in the
management or control of the place to maintain a continuous supply
of electricity at the place.
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Police Powers and Responsibilities
Exercise of crime scene powers in public place
Clause 95 provides that it is lawful for a police officer to exercise powers
under clause 93 and 94 without a warrant at a crime scene in a public place.
If, however, the public place is that only while it is ordinarily open to the
public and the occupier requires a police officer to leave, the police officer
may, despite the requirement, continue to remain on the place and exercise
crime scene powers for the time reasonably necessary for an application for
a crime scene warrant to be made and decided.
An authorised assistant at a crime scene may perform a function
mentioned in subsection (1) if asked by the responsible officer.
Division 4--General
Alternative accommodation to be provided in some cases
Clause 96 applies to the occupier of a dwelling that is a crime scene where
the occupier cannot continue to live in the dwelling while is it a crime scene
or because it was damaged during the exercise of crime scene powers. The
Commissioner of Police is required, if asked, to arrange suitable
accommodation for the occupier for the time the occupier cannot live in the
place. The accommodation must, if reasonably practicable, be in the same
locality as, and of at least a similar standard to, the occupier's dwelling.
However, the clause does not apply to an occupier who is detained in lawful
custody.
PART 4--PRODUCTION NOTICES
Production notices
Clause 97 relates to production notices. The clause applies to situations
where police officers reasonably suspect cash dealers hold documents that
may be evidence of the commission of an offence by someone else. The
Clause contains standard provisions about applications for production
notices.
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Police Powers and Responsibilities
Issue of production notice
Clause 98 provides for the issuing of production notices where the
magistrate is satisfied that there are reasonable grounds for suspecting that
documents held by the cash dealer may be evidence of the commission of an
offence, and that the cash dealer is not a party to the offence.
Copy of production notice to be given to cash dealer
Clause 99 provides that a police officer must provide a copy of the
production notice to the cash dealer named in the notice as soon as
reasonably practicable after the notice has been issued.
Procedural requirements -- production notice
Clause 100 outlines the procedural requirements for production notices.
The clause provides that although cash dealers who are served with
production notices must comply with the production notice, they are not
subject to any legal liability for not complying with a production notice and
do not commit an offence for failing to comply with a production notice.
Power under production notice
Clause 101 outlines the powers a police officer has in relation to
documents under a production notice. A police officer has the power to:
a inspect documents;
b take extracts from the document;
c make copies of the document; and
d seize a document if the officer reasonable suspects the document is
evidence of the commission of an offence.
Subclause (2) of Clause 101 provides that the powers provided in Clause
101(1) are subject to the provisions of Clause 102.
If cash dealer claims documents contain privileged communications
Clause 102 relates to documents containing privileged communications.
Subclause (1) outlines requirements for police officers, where a cash dealer
under a production notice claims documents contain privileged
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Police Powers and Responsibilities
communications between the cash dealer and someone else, to make
application to a magistrate to access the documents. It allows police to keep
possession of a document until an application has been decided. The clause
also contains standard requirements a police officer must comply with prior
to making an application.
Making of access order
Clause 103 provides that a magistrate or justice may make an application
for access to privileges communications documents if reasonably satisfied
that access is necessary in the circumstances. The clause also provides for
the return of privileged communication documents to a cash dealer, if an
application for access by a police officer has been refused by a magistrate or
justice.
Provisions about access order
Clause 104 states the powers a police officer may exercise, and the
requirements a police officer must comply with in relation to documents
obtained under an access order.
PART 5--PRODUCTION ORDERS
Application of pt 5
Clause 105 states the part applies to a serious offence and interstate
serious offence, and provides that in relation to part 5 of the Bill, questions
as to whether a person has been charged or found guilty of an interstate
serious offence is to be decided in accordance with the law of the State in
which the person has been charged or convicted.
Production order applications
Clause 106 allows a police officer to apply to a Supreme Court judge for
a order to produce a property tracking document to a police officer in relation
to serious offence the person has been found guilty of or a serious offence a
police officer reasonable suspects the person has committed. The clause
also provides standard provisions relating to applications for orders.
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Police Powers and Responsibilities
Making of production orders
Clause 107 provides for a Supreme Court judge to issue a production
order for property tracking documents relating to the serious offence
mentioned in the application. The clause also provides that applications
containing information that a police officer reasonably suspects the person
found guilty or believed to have committed the offence, and the property
specified in the information is subject to the effective control of the person,
the judge may treat any document relevant to identifying, locating or
quantifying the property as a property--tracking document in relation to the
offence for this section. Finally, the clause provides that in deciding whether
to treat a document as a property--tracking document in relation to the
offence, the judge may have regard to the provisions of section 37 of the
Crimes (Confiscation) Act 1989.
What production order must state
Clause 108 provides that production orders must order stated persons to
produce to a police officer, any documents in the person's possession of the
kind mentioned in clause 106(1), other than a financial institution's books, or
make those documents available for inspection by a police officer.
Production orders must also state when and where documents are to be
produced or made available for inspection and that a stated police officer or
all police officers may enter the place and exercise the powers under clause
109. For the purposes of the section a 'financial institution's books' means
accounting records used in the ordinary business of a financial institution
and includes ledgers, daybooks, cashbooks and account books.
Powers under production order
Clause 109 describes general powers a police officer has in relation to
documents under a production order, that is, the power to inspect, take
extracts and make copies of documents, and the power to seize documents
reasonably suspected of being evidence of the commission of an offence.
Variation of production order
Clause 110 provides that where a Supreme Court judge has made a
production order in relation to a person, the person may apply to a Supreme
Court judge to have the order varied. Where a document is considered by a
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Police Powers and Responsibilities
judge to be essential to a business activities of the person, the judge may
vary the order so that the document is available to a police officer.
Offence to contravene production order
Clause 111 provides that a person subject to a production order must not
contravene the order without reasonable excuse or produce a document
which the person knows is false or misleading in a material particular
without indicating to the police officer; the fact that the document is false and
misleading and in which respect the document is false and misleading and
giving correct information to the police officer if the person has possession
of or can reasonably acquire the correct information. The clause provides
that a person who contravenes subclause (1) commits a crime and is liable to
a maximum penalty of 350 penalty units or 7 years imprisonment.
Effect of compliance with production order
Clause 112 provides that a person is not excused from producing a
document under a production order because producing the order may
incriminate the person or make the person liable to a penalty, or because the
producing the document would be in breach of an obligation on the person
not to disclose the existence or the contents of the document. The clause
also provides that in the case of a person producing a document under a
production order, any information or documents obtained directly or
indirectly because of the production of the document, is not admissible
against the person in any criminal proceedings other than for an offence
against Clause 111 of the Bill.
PART 6 -- POWER TO SEIZE EVIDENCE AND
ABANDONED AND ILLEGALLY PLACED
PROPERTY
Power to seize evidence generally
Clause 113 applies where a police officer lawfully enters a place, or is at a
public place, and finds a thing the police officer reasonably suspects is
evidence of the commission of an offence. Subclause (2) may seize a thing
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Police Powers and Responsibilities
whether or not the things is evidence under a warrant and if under a warrant,
whether or not the offence is one relating to the issuing of the warrant.
Subclause (3) provides that the police officer may photograph the thing
seized or the place from which the thing was seized. Subclause (4) provides
that a police officer may stay on or re--enter the place for the time
reasonably necessary to remove the thing from the place.
The clause enshrines the essence of the 'chance discovery' rule in
legislation while applying the search warrant powers and responsibilities
contained in the Bill to it.
Examples--
1. A police officer, taking a statement from a person at the person's home, sees
a sawn off shotgun lying on a table.
2. A police officer attempting to serve a summons on a person sees a stolen
vehicle in the person's garage.
Power to remove property unlawfully on a place
Clause 114 applies to situations where a police officer has lawfully
entered a place or is at a public place and finds a thing on the place that may
reasonably believed to be in contravention of an Act. Subclause (2) provides
that a police officer may seize the thing if the person in charge of the thing
can not be immediately located. Subclause (3) provides that a police officer
may seize the thing if the person in charge can be located but the police
officer reasonably believes the person is unwilling or unable to move the
thing immediately. Subclause (4) provides that the police officer may move
and take the thing to a place where the thing does not contravene the relevant
Act or another Act. Subclause (5) provides that Clause 114 does not apply
to a vehicle or an animal.
Example--
A police officer may remove a tent erected, without the consent of the government,
in Queen's Park, Brisbane.
A police officer may seize and remove a tent erected in a part of a National Park in
which camping is not permitted.
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Police Powers and Responsibilities
CHAPTER 4 -- COVERT EVIDENCE GATHERING
POWERS
PART 1 -- MONITORING ORDERS
Meaning of "financial institution" for part 1
Clause 115 provides that for the purposes of part 1 of the chapter,
"financial institution" includes a corporation that is a financial corporation
within the meaning of s 51(xx) of the Commonwealth Constitution, and
another entity that permits persons to deposit money with it for use by, or at
the direction of, the persons for gaming or betting. The latter may include a
casino account, a TAB account or a bookmaker's account set up for that
purpose.
Monitoring order applications
Clause 116 provides that a police officer can apply to a Supreme Court
judge for a monitoring order to direct a financial institution to give
information to a police officer. Subclause (2) requires that orders must be
sworn, state the grounds for the warrant and include information specified in
the responsibilities code relating to orders issued within the previous year in
relation to accounts held by the person subject to the application. Subclause
(3) provides that the requirement to include with the application, information
specified in the responsibilities code, is only relevant to information kept in a
register that a police officer may inspect and information the police office
actually knows. Subclause (4) provides that a judge may refuse to consider
the application until the judge has all the information the judge requires in the
way the judge requires.
Making of monitoring order
Clause 117 provides that a Supreme Court judge may make a monitoring
order only if satisfied that there are reasonable grounds for suspecting that a
person who has an account with a financial institution has committed, or is
about to commit a serious offence, or was or is about to be involved in the
commission of a serious offence, or has or is about to benefit directly or
indirectly from the commission of a serious offence
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What monitoring order must state
Clause 118 provides that a monitoring order must direct a financial
institution to give information obtained by the institution where the person
has an account and must state:
a. the name or names the account is believed to be in;
b. the type of information required to be supplied by the institution;
c. the period for which the order is in effect which is not more than
three months;
d. that the order applies to transactions conducted during the period
stated in the order; and
e. that the information is to be given to a police officer, and the way in
which the information is to be given.
Subclause (2) provides that a "transaction conducted through an account"
includes the making of a fixed term deposit and in relation to a fixed term
deposit, the transfer of the amount deposited or any part of it, at the end of
the term.
When period stated in monitoring order starts
Clause 119 provides that the order has effect from the start of the day
when notice of the order is given to the financial institution.
Offence to contravene monitoring order
Clause 120 provides that a financial institution given notice of a
monitoring order must not knowingly contravene the order or provide false
of misleading information in purported compliance with the order. The
maximum penalty provided is 1000 penalty units.
Existence and operation of monitoring order not to be disclosed
Clause 121 provides that a financial institution subject to a monitoring
order must not disclose the existence or operation of the order to any person
other than a police officer, an officer or agent of the institution ensuring
compliance, or a lawyer obtaining legal advice or providing representation in
relation to the order.
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Police Powers and Responsibilities
Subclause (2) provides that a person to whom the existence of a
monitoring order under subclause (1) has been disclosed, whether before or
after the commencement of subclause (1), must only disclose the existence
of the order to another person to whom an order may be disclosed under
subclause (1). An exception is made where the person is a police officer, an
officer or an agent of an institution ensuring compliance, or a lawyer giving
legal advice or making representations in relation to the order, or when the
person is no longer a person to whom information may be disclosed, makes
a record of or discloses the existence of the operation of the order under any
circumstances.
Subclause (3) provides that subclause (2) does not prevent a police officer
disclosing the existence or operation of a monitoring order in relation to a
legal proceeding or in a proceeding before a court.
Subclause (4) provides that a police officer cannot be required under any
circumstances to disclose the existence or operation of a monitoring order.
Subclause (5) provides that a person who contravenes subclauses (1) and
(2) commits a crime punishable by a maximum penalty of 350 penalty units
or 7 years imprisonment.
Subclause (6) provides that for the purposes of the clause a person must
not be taken to be director within the meaning of section 4(c) "director" of
the Crimes (Confiscation) Act 1989 only because the directors act on the
advice given by that person in the proper performance of the functions
attaching to his or her professional capacity or to his or her business
relationship with the directors of the financial institution or the corporation.
Subclause (7) provides that a reference in this clause to disclosing the
existence or operation of a monitoring order includes a reference to
disclosing information to persons who could reasonably be suspected to be
able to infer the existence or operation of the monitoring order.
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PART 2 -- SURVEILLANCE POWERS
Division 1 -- Preliminary
Certain Acts do not apply to this part
Clause 122 provides that the Libraries and Archives Act 1988 and the
Freedom of Information Act 1992 do not apply to activities or records under
this part.
Certain acts not prevented by divs 2 and 3
Clause 123 provides that divisions 2 and 3 do not prevent a police officer
from using a visual surveillance device in a place where the presence of a
police officer does not constitute an offence.
Division 2 -- Use of surveillance devices under warrant of Supreme
Court judge
Surveillance warrant applications
Clause 124 applies if a police officer reasonably believes that a person has
been, is, or is likely to be involved in the commission of an indictable
offence.
Subclause (2) provides that a police officer of at least the rank of inspector
may apply to a Supreme Court judge for a surveillance warrant.
Subclause (3) provides that a police officer may apply for a surveillance
warrant authorising the use of a class A surveillance device only if the
offence is an serious indictable offence.
Subclauses (4) to (7) provides the general application requirements for
obtaining a surveillance warrants.
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Who may be present at consideration of application for surveillance
warrant
Clause 125 provides a list of the only persons who may be present when
a judge hears an application for a surveillance warrant. Subclause (2)
provides that the judge must hear the application in the absence of the
suspect or anyone likely to inform the suspect of the application, and without
the suspect having been informed of the application.
Consideration of application for surveillance warrant
Clause 126 states the issues a judge must be mindful of when considering
an application for a surveillance warrant.
Issue of surveillance warrant
Clause 127 provides that after considering the application and the matters
mentioned in clause 126, a judge may issue a warrant if satisfied that there
are reasonable grounds for believing the suspect is likely to be at a place, at a
public place or at a class of place mentioned in the application, and the
suspect is or is likely to be involved in the commission of an indictable
offence.
Subclause (2) provides that a judge may issue a warrant for the use of a
class A device for use in the office of a practising lawyer only if the lawyer
may be involved in a serious indictable offence.
Subclause (3) provides that a judge may impose any conditions on a
warrant the judge considers necessary in the public interest.
What warrant must state
Clause 128 provides the information which must be included in a
warrant.
Report on use of surveillance devices
Clause 129 provides that where a condition of a surveillance warrant
requires a police officer to give a report to a judge on activities under the
warrant, the judge may, after considering the report, order the destruction of
records made that are not relevant to the offence mentioned in the warrant,
unless the records relate to the investigation of another indictable offence.
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Duration and extension of surveillance warrants
Clause 130 provides that surveillance warrants are to be in force until the
day stated in the warrant or until the investigation ends.
Subclause (2) provides that despite subclause (1), a warrant stops having
effect if the investigation under the warrant ends, unless, whilst using the
surveillance warrants evidence of another serious indictable offence is
discovered, or in the case of a tracking device, evidence of another indictable
offence is discovered.
Subclause (3) provides that the provisions of Division 2 apply to an
application with all necessary changes.
Subclause (4) provides that subclauses (1) and (2) do not prevent a police
officer from exercising powers under a surveillance warrant after the warrant
has ended, to remove the surveillance device to which the warrant relates.
Powers under surveillance warrants
Clause 131 provides general powers a police officer may exercise under a
surveillance warrant.
Division 3 -- Emergency use of surveillance devices
Emergency use of surveillance devices
Clause 132 provides that where a police officer reasonably believes that
there is a risk of serious injury to a person and using a surveillance warrant
may help reduce that risk, a police officer of the rank of inspector or above
may authorise the use of a surveillance device. Whilst using a surveillance
device pursuant to the provisions of clause 132, a police officer may exercise
any of the powers a police officer may exercise under a surveillance warrant.
This emergency provision is designed for a siege, terrorist incident, an
abduction where a victim's life may be in danger, or an extortion where a
person is threatening action against another that is likely to result in injury if
immediate action is not taken.
Application for approval after emergency use of surveillance device
Clause 133 provides that where a surveillance device is used for an
emergency situation under clause 132, the police officer authorising the use
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of the device must within two business days apply to a Supreme Court
judge for approval of the exercise of the powers.
Subclause (2) to (4) outline requirements which must be complied with
when obtaining approval under this clause.
Who may be present at consideration of application
Clause 134 provides a list of the only persons who may be present when
a judge hears an application for a surveillance warrant.
Subclause (2) provides that the judge must hear the application in the
absence of the suspect or anyone likely to inform the suspect of the
application, and without the suspect having been informed of the application.
Consideration of application
Clause 135 states the issues that a judge must be mindful of when
considering an application for a surveillance warrant.
Judge may approve emergency use of powers
Clause 136 provides that after considering both the application and the
matters outlined in clause 135, a judge may approve the use of an
emergency surveillance device where there was serious risk of injury to a
person and the use of the device may have helped reduce the risk.
Subclause (2) provides that a judge may also require the destruction of
any recordings made which are not related to the purpose for which the
device was used.
Use of evidence and information
Clause 137 provides that evidence obtained through the exercise of
powers approved under Clause 136 is admissible in a proceeding for an
offence. Subclause (2) provides that information obtained under Division 3
may be given to any person or organisation involved in helping to reduce the
risk of serious injury to a person. By way of example, the Australian
Security Intelligence Organisation (ASIO) or the Special Air Services (SAS)
may need to be given information in the case of a terrorist incident if they are
to assist in overcoming the incident. Additionally, a security organisation
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such as ASIO or the SAS may be given information after an event in which
they were not involved if the information is pertinent to national security or
relates to another event, e.g., multiple terrorist actions by the same or a
related terrorist group at different locations.
Division 4 -- Use of surveillance devices under magistrate's warrant
Surveillance warrant applications
Clause 138 provides that a police officer of the rank of inspector or above
who reasonably believes that a person has been, is, or is likely to be involved
in the commission of an indictable offence, may apply to a magistrate for a
warrant authorising the use of a Class B surveillance device.
Subclauses (3) to (6) outline the requirements which must complied with
when applying for a warrant for a surveillance device.
Who may be present at consideration of application
Clause 139 provides a list of the only persons who may be present when
a magistrate hears an application for a surveillance warrant.
Subclause (2) provides that the magistrate must hear the application in the
absence of the suspect or anyone likely to inform the suspect of the
application, and without the suspect having been informed of the application.
Consideration of application
Clause 140 states the issues that a magistrate must be mindful of when
considering an application for a surveillance warrant.
Issue of surveillance warrant
Clause 141 provides that after considering the application and the matters
mentioned in clause 140, a magistrate may issue a warrant if satisfied that
there are reasonable grounds for believing the suspect is likely to be at a
place, at a public place or at a class of place mentioned in the application and
the suspect is, or is likely to be involved in the commission of an indictable
offence.
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Subclause (2) provides that a magistrate may impose any conditions on a
warrant a magistrate considers necessary in the public interest.
What warrant must state
Clause 142 provides the information which must be included in a
warrant.
Duration and extension of surveillance warrants
Clause 143 provides that surveillance warrants are to be in force for 30
days or a shorter time if stated in the warrant, unless the time is extended by
application.
Subclause (2) provides that despite subclause (1), a warrant stops having
effect if the investigation under the warrant ends, unless, whilst using the
surveillance warrants evidence of another serious indictable offence is
discovered, or in the case of a tracking device, evidence of another indictable
offence is discovered.
Subclause (3) provides that the provisions of Division 2 apply to an
application for an extension with all necessary changes.
Subclause (4) provides that subclauses (1) and (2) do not prevent a police
officer from exercising powers under a surveillance warrant after the warrant
has ended, to remove the surveillance device to which the warrant relates.
Powers under surveillance warrants
Clause 144 provides general powers a police officer may exercise under a
surveillance warrant.
Division 5 -- Other provisions about surveillance devices
Restriction about records and access to surveillance warrant
applications etc.
Clause 145 provides that a "relevant proceeding" means--
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a. an application to a Supreme Court judge or magistrate for a
surveillance warrant or for the extension of a surveillance warrant;
b. an application to a Supreme Court judge for the approval for the
emergency use of a surveillance device; and
c. any order made or approval given pursuant to an application under
this clause.
Subclause (2) provides that despite the Recording of Evidence Act 1962, a
transcript of a relevant proceeding must not be made.
Subclause (3) provides an offence for publishing reports of relevant
proceedings with a maximum penalty of 85 penalty units or 1 year
imprisonment.
Subclause (4) provides that a person cannot search information in the
custody of a court in relation to a relevant proceeding unless it is in the
interests of justice and then only with an order from a Supreme Court judge.
Disclosure of information obtained using surveillance warrant
Clause 146 applies to "relevant information" or information that has not
been disclosed in a proceeding in open court and was obtained under a
surveillance warrant.
Subclause (2) provides a list of persons to whom relevant information
can only be disclosed.
Destruction of records
Clause 147 provides that all information obtained under a surveillance
warrant must be kept in a secure place by the chief executive of the agency
responsible for the warrant.
Subclause (2) provides that all recordings or photographs made under a
surveillance warrant and any transcripts or copies made from information
obtained under a surveillance warrant must be destroyed by the chief
executive as soon as practicable after no longer required.
However, Subclause (3) provides that information relevant to any offence
to which a person has been convicted does not need to be destroyed if there
is a possibility that an issue about the conviction may arise.
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Division 6 -- Covert searches
Covert search warrant applications
Clause 148 provides that a police officer of the rank of inspector or above
may apply to a Supreme Court judge for a covert search warrant to enter and
search a place for evidence of organised crime.
Subclauses (2) to (5) outline the requirements which must complied with
when applying for a covert search warrant.
Who may be present at consideration of application
Clause 149 provides a list of the only persons who may be present when
a judge hears an application for a warrant.
Subclause (2) provides that the judge must hear the application in the
absence of the suspect or anyone likely to inform the suspect of the
application, and without the suspect having been informed of the application.
Consideration of application
Clause 150 states the issues that a judge must be mindful of when
considering an application for a warrant.
Issue of covert search warrant
Clause 151 provides that after considering the application and the matters
mentioned in clause 150, a judge may issue a warrant if satisfied that there
are reasonable grounds for believing there is, in or on a place, evidence of
organised crime.
Subclause (2) provides that a judge may impose any conditions on a
warrant a judge considers necessary in the public interest
What covert search warrant must state
Clause 152 provides the information which must be included in a covert
search warrant.
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Duration and extension of covert search warrant
Clause 153 provides that a covert search warrant is in force until the day
stated in the warrant, or the initial search is complete.
Subclause (2) provides that a warrant may be extended from time to time
on application.
Subclause (3) provides that the provisions of this division for an
application for a warrant apply to an application for an extension with all
necessary changes.
Restriction about records and access to covert search warrant
applications
Clause 154 provides that despite the Recording of Evidence Act 1962, a
transcript of a application for a covert search warrant and any other order
made on it must not be made.
Subclause (2) provides an offence for publishing reports of proceedings
on an application for a covert search warrant or an extension of a covert
search warrant with a maximum penalty of 85 penalty units or 1 year's
imprisonment.
Subclause (3) provides that a person cannot search information in the
custody of the Supreme Court in relation to an application for a covert search
warrant unless it is in the interests of justice and with an order from a
Supreme Court judge.
Powers under covert search warrant
Clause 155 provides general powers a police officer may exercise under a
covert search warrant.
Report on covert search
Clause 156 provides that within 7 days after executing a covert search, a
police officer must provide to the Supreme Court judge who issued the
warrant and to the monitor, a report complying with the responsibilities code
in relation to the exercise of the powers under the warrant.
Subclause (2) provides that a police officer must also, if practicable, take
before the judge, anything seized or any photos taken during the search.
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Subclause (3) provides that a judge may in relation to a thing mentioned
in subclause (2) order that the thing be held by a police officer until the
conclusion of any proceedings in which the thing may be evidence or dealt
with in the way the judge orders.
Division 7 -- Public Interest Monitor
Public interest monitor
Clause 157 provides for the Governor in Council to appoint a public
interest monitor, to monitor applications for, and the use of, surveillance
warrants and covert search warrants.
Subclause (2) provides that the Governor in Council may appoint as
many deputy public interest monitors as the Minister considers necessary.
Subclause (3) provides that the appointment, terms and conditions of the
appointment may be decided by Governor in Council.
Subclause (4) provides that the Public Service Act 1996 does not apply to
the appointment of a public interest monitor.
Subclause (5) provides that the public interest monitor must not be a
person who is, or who is a member of, or who is employed in or by or to
assist--
a. the Director of Public Prosecutions;
b. the office of the Director of Public Prosecutions;
c. the Queensland Crime Commission;
d. the Criminal Justice Commission; or
e. the Queensland Police Service.
Acting Monitor
Clause 158 provides that Governor in Council may appoint a person, who
is qualified to for appointment as public interest monitor, to act as the public
interest monitor during a vacancy in the office or during times when the
public interest monitor is absent from duty or the state or for some other
reason, cannot perform the duties of the office.
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Police Powers and Responsibilities
Subclause (2) provides that Governor in Council may appoint a person,
who is qualified to for appointment as deputy public interest monitor, to act
as deputy public interest monitor during a vacancy in the office or during
times when the deputy public interest monitor is absent from duty or the
state or for some other reason, cannot perform the duties of the office.
Monitor's functions
Clause 159 provides the functions of the public interest monitor as--
a. to monitor compliance by police officers with this part in relation to
matters concerning applications for surveillance warrants and covert
search warrants; and
b. to appear at a hearing of an application to a supreme Court judge or
magistrate for a surveillance warrant or covert search warrant to test
the validity of the application, and for that purpose at the hearing--
i. present questions for the applicant to answer and examine and
cross--examine any witness;
ii. make submissions on the appropriateness of granting the
application; an
c. to gather statistical information about the use and effectiveness of
surveillance warrants and covert search warrants; and
d. whenever the public interest monitor considers it appropriate--to
give to the commissioner a report on non--compliance by police
officers to this part.
Example for paragraph (d)--
The monitor may report non--compliance to the commissioner because a police
officer did not provide in his or her application, relevant information contained in a
register to which the police officer had access.
A deputy monitor has the functions mentioned in paragraphs (a), (b) and
(c).
Monitor's annual report
Clause 160 requires the monitor to provide the Minister with an annual
report for tabling in Parliament. The Minister is required to table the annual
report within 14 sitting days of receiving it. However, the annual report
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must not contain information that discloses or leads to the disclosure of the
identity of any person who has been, is being, or is to be, investigated or
indicates a particular investigation has been, is being, or is to be conducted.
Secrecy
Clause 161 provides that a monitor or person who was a monitor
(including a deputy monitor) must not, unless in the performance of his or
her functions under the Bill, record, use or disclose information obtained
under the Bill that came to the person's knowledge because of the person's
involvement in the administration of the Bill.
A monitor or person who was a monitor is not a compellable witness
concerning information derived from his or her functions as a monitor.
Protection from liability
Clause 162 provides in subclause (1) for the protection from civil liability
for the monitor and deputy monitor where an act or omission is done or
made honestly and without negligence under the Bill. If subclause (1)
prevents civil liability attaching to the monitor it instead attaches to the State.
CHAPTER 5--ARREST AND CUSTODY POWERS
PART 1--POWERS RELATING TO ARREST AND
TAKING PEOPLE INTO CUSTODY
Division 1--Arrest without warrant
Arrest without warrant
Clause 163 provides a police officer with the power to arrest a person
without warrant if the police officer reasonably suspects the person has
committed or is committing an offence and the arrest is reasonably
necessary--
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a. to prevent the continuation or repetition of an offence of the
commission of another offence;
b. to make enquiries to establish the person's identity;
c. to ensure the person's appearance before a court;
d. to obtain or preserve evidence relating to the offence;
e. to prevent the harassment of, or interference with, a person who may
be required to give evidence relating to the offence.
f. to prevent fabrication of evidence;
g. to preserve the safety or welfare of any person, including the person
arrested;
h. to prevent a person fleeing from an officer or the location of the
offence;
i. because a person has committed an offence against clause 354
(assault or obstruct police) or 355 (disobey direction or requirement);
j. because the person has committed or is committing an offence
against the Domestic Violence (Family Protection) Act 1989, section
80 (breach of order of condition);
k. because of the nature and seriousness of the offence.
Examples--
Paragraph g--
1. A police officer may arrest a person if a crowd gathered at the scene of an
offence is likely to attack the person.
2. A police officer may arrest a person if the mental welfare of a complainant is
likely to suffer if the person is left at large.
Paragraph k--
1. A police officer may arrest a person who has committed a robbery because it
is a serious offence.
2. A police officer may arrest a person who has murdered his or her spouse even
though the person is unlikely to commit another offence and is likely to
appear in court and therefore, with the exception of this paragraph, the
remaining paragraphs (a) to (j) may not apply to the person.
Subclause (2) allows a police officer to arrest an adult or a child, without
warrant, if the police officer reasonably suspects that the person has
committed or is committing an indictable offence. The purpose for the
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arrest is to allow the questioning of the person for the offence or the
investigation of the offence. The section should be read in conjunction with
Chapter 6 of this Bill.
Subclause (3) provides that subclause (1) does not apply to a child.
However, subclause (3) allows for the arrest, without warrant, of a child
for an offence provided that the police officer has a reasonable suspicion that
the child has committed or is committing an offence and the arrest is made
in accordance with the provisions of section 20 of the Juvenile Justice Act
1992.
Arrest of escapees etc.
Clause 164 provides that it is lawful for a police officer to arrest a person
the police officer reasonably suspects has escaped or is escaping from lawful
custody. The provision allows for the arrest of someone who has escaped
from a police officer after being arrested or who has escaped from a prison
or detention centre.
Subclause (2) also allows for the arrest of a prisoner who is released from
a prison on leave of absence or home detention and who is or is preparing to
become unlawfully at large or who is contravening or has contravened a
condition of the instrument authorising the person's release or who is
discharged under the Corrective Services Act 1988 in error.
Arrest of person granted bail
Clause 165 provides that if a person is released on bail irrespective of
whether they have been arrested for an offence, a police officer may arrest
the person without warrant if--
a the person has left the precincts of a court, without entering into an
undertaking, or without fulfilling specified conditions;
b. the person is likely to contravene, is contravening, or has
contravened, the condition for the person's appearance or another
condition of the undertaking as to bail;
c. a surety for the person's appearance is dead;
d. that for any reason the security for the person's appearance is no
longer adequate;
e. the person is likely to fail to appear before a court to answer a charge.
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Also, a police officer may arrest the person without warrant if--
a. a surety has given written notice to a police officer that he or she
wishes to be relieved of the obligation of being a surety because the
person bailed is likely to contravene a condition for appearance.
b. a police officer reasonably suspects that the person is directly or
indirectly harassing or interfering with a witness to the offence for
which the person was bailed;
Arrest of person given notice to appear or summons
Clause 166 applies where a person has been given a notice to appear or
summons and allows a police officer to detain the person if the police officer
reasonably suspects the person is harassing or interfering with a witness or
is likely to fail to appear at cour
Division 2--Arrest under warrant
Arrest with warrant
Clause 167 provides a police officer with the power to arrest a person
named in a warrant issued under any Act or law. For the purpose of the
section and to ensure that all warrants, including those relating to mental
health provisions, may be executed by a police officer, arrest includes
apprehend, take into custody, detain, and remove to another place for
examination or treatment.
Arrest warrant application
Clause 168 is a machinery provision and allows a police officer to apply
to a justice for a warrant to arrest a person for an offence. A similar section
is contained in the Justice Act 1886 but due to the consolidation of arrest
provisions into the Bill and the subsequent removal of those provisions
from a majority of Acts, a new clause is required which simply refers to an
Act containing offences rather than an Act allowing for the arrest of a
person.
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Police Powers and Responsibilities
Issue of arrest warrant
Clause 169 is a machinery section requiring that a justice before issuing a
warrant must first be satisfied there are reasonable grounds for suspecting
the person has committed the offence, and if the offence is not indictable that
proceedings by way of notice to appear, attendance notice or complaint and
summons would not be effective.
What arrest warrant must state
Clause 170 requires that an arrest warrant state the name, rank, registered
number and station of the applicant, that any police officer may make the
arrest, and the offence alleged to have been committed. The wording of the
charge is sufficient to allege the offence.
Division 3--Other provisions about arrest
Power of arrest for offences committed outside the State
Clause 171 applies to an indictable offence or an offence punishable by at
least 2 years imprisonment and is an offence against the law of another
State.
Subclause (2) provides that despite clause 163, a police officer may arrest
a person, without warrant, who the police officer reasonably suspects is
committing or has committed the offence.
Subclause (3) allows the person to be detained in custody for questioning
under chapter 6 by a Queensland police officer or a police officer of the State
where the offence occurred.
Subclause (4) applies the provisions of the Justices Act 1886 and the Bail
Act 1980 to the offence but only to allow a person to apply, within 7 days,
for the extradition of the person to the State where the offence occurred.
Subclause (5) If an extradition proceeding is not commenced within 7
days and the person is in custody, he or she is to be released or if on bail,
discharged.
The clause allows a police officer to act in good faith by arresting a person
for an interstate offence when a reasonable suspicion exists that the person
has committed the offence, irrespective of whether police in the other State
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are aware of the offence or subsequently make an extradition application.
The clause is pre--emptive and designed to ensure that a person, who
having committed an offence and left the other State, does not escape justice
in the time taken to begin the extradition process in that other State.
Police officer to consider alternatives to proceeding against child
Clause 172 requires that a police officer, before commencing a
proceeding against a child for an offence, other than by arrest, must first
consider whether, in all the circumstances, it is more appropriate to take no
action, administer a caution or refer the matter to community conferencing.
Subclause (2) qualifies the circumstances mentioned in subclause (1) as
those relating to the alleged offence and the child's previous history as
known to the police officer. If it is necessary a police officer is to delay the
commencement of proceedings to consider the circumstances of the offence
and the child's history. The child's history involves any previous offences it
was alleged that the child committed and the action taken and opportunities
offered to the child in those instances.
The section does not in any way prevent a police officer from proceeding
against the child by complaint and summons or attendance notice.
Division 4--Discontinuing arrest
When arrest may be discontinued--general rule
Clause 173 allows for the arrest of a person to be discontinued. It
imposes a duty on a police officer to discontinue an arrest at the earliest
reasonably opportunity if the person is no longer reasonably suspected of
committing the offence relating to the arrest unless another offence,
irrespective of whether it arises out of the circumstances of the offence for
which the arrest was made, is reasonably suspected, or the person may be
detained for another reason, or the person is in custody for another offence.
It is not necessary for a police officer to unarrest a person who has been
arrested for grievous bodily harm and re--arrest the person for murder if the
victim dies following the initial arrest. The initial arrest may be maintained
even though the charge ultimately preferred against the person is murder.
Additionally, if the person is arrested for an offence and has also breached a
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bail condition and the former offence is not proceeded with, the person may
be kept in custody on the breach of bail without the need to unarrest on the
first offence and re--arrest on the bail matter.
Additionally, if a person is in custody for questioning on multiple
unrelated offences and has only been arrested for one of those offences
which is not to be proceeded with, a police officer need not release the
person from custody but may apply the original arrest to the other offences
which are to be investigated.
So there is no doubt, if a person is serving a sentence of imprisonment
for a previous offence and the offence for which the person is arrested is not
proceeded with, the person is not to be released from the police custody until
he or she is returned to prison custody.
Subclause (2) requires a police officer who has arrested a person for an
offence to release that person where the police officer considers there is
insufficient evidence to bring the person before a court for the offence. It
may be the case that a police officer has sufficient grounds to form a
reasonable suspicion that a person has committed an offence and arrests the
person for questioning and investigation. However, at the conclusion of the
interview or investigation, the police officer may not consider that there is
sufficient evidence to continue the proceeding even though the police officer
still suspects the person committed the offence. Irrespective of the
suspicion, the duty to release the person applies.
For example, if a person was to deny involvement in a murder offence a
potential prosecution might only be successful if a subsequent DNA
analysis of the person's blood was to link that person with blood found at the
scene of the offence. In this case the time required to conduct the DNA
analysis would normally be a time unreasonable to keep the person in
custody. Therefore, even though a police officer may harbour a suspicion
that the person is responsible for the offence, the police officer must, in the
absence of other evidence, and if he or she has not charged the person with
the offence, release the person.
Additional case when arrest of adult may be discontinued
Clause 174 is restricted to an arrested person who is an adult.
Subclause (2) imposes a duty on a police officer to release an arrested
person at the earliest reasonable opportunity if the reason for the arrest no
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longer exists or is unlikely to happen again if the person is released and it is
more appropriate that the person be taken before a court by a notice to appear
or summons. The notice to appear or summons must first be served prior
to the release of the person.
Therefore, an agitated person arrested for an offence of obscene language
in a public place may be released on a notice to appear before the person is
taken to a watchhouse if he or she calms down in the intervening period.
Additionally, a person arrested for a minor common assault committed,
for instance, after harassment by one of a group of persons in a mall, may
be released on a notice to appear after the person has been removed from the
mall and is unlikely to return to the mall.
Subclause (3) provides, however, that the duty to release is discretionary
where the person was arrested to prevent him or her from fleeing from a
police officer or the location of an offence or because of the nature and
seriousness of an offence it is inappropriate to release the person.
Consequently, where a person has shown a tendency to attempt to escape
justice by fleeing from a police officer or the scene of an offence, release of
the person is not mandatory.
Additionally, if a person walks up to another person in a mall and for no
apparent reason assaults that person, the nature of that assault would be such
as to require that the person be kept in custody. The seriousness of the
assault would be determined by the extent of injuries caused to the victim.
Subclause (4) allows a police officer to release the person at the earliest
reasonable opportunity if the police officer reasonably considers it more
appropriate for the arrested person to be dealt with other than by charging the
person with an offence and the person and his or her victim agree to the
person being dealt with that way.
The subclause allows for alternative dispute resolution, e.g., a minor
assault resulting from a dispute between neighbours, or for the operation of
any scheme involving cautioning of adults which the commissioner may
develop, e.g., elderly offenders being cautioned for stealing inexpensive food
items from shops.
Additional case when arrest of child may be discontinued
Clause 175 applies to a child who has been arrested.
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Subclause (2) imposes a duty on a police officer to release a child at the
earliest reasonable opportunity if--
a. the reason for arresting the child no longer exists or is unlikely to
happen again if the child is released; and
b. after considering the circumstances of the alleged offence and the
child's previous history known to the police officer it is more
appropriate to deal with the child in a manner described in subclause
(3).
Subclause (3) describes the alternatives which may be applicable as--
a. take no action;
b. administer a caution;
c. community conferencing;
d. use of an attendance notice or summons either of which have been
served.
Subclause (3) renders subclass (2) inapplicable if because of the nature or
seriousness of the offence it is inappropriate to release the child.
Additionally, subclause (4) renders subclass (2) inapplicable while the
police officer reasonably believes the child is an adult.
Subclause (6) provides that in deciding whether the police officer has
reasonable belief, a court may have regard to the child's apparent age and the
circumstances of the arrest.
Limit on re-arrest
Clause 176 provides that a person who has been arrested for an offence
and released cannot be re--arrested for that offence unless new evidence
leads a police officer to form a reasonable suspicion that the person is
responsible for the offence.
In this instance a police officer who has released a person due to
insufficient evidence to connect the person with the offence may re--arrest
the person for the offence, if for example, the later results of a DNA analysis
tend to show that the person may in fact have been involved in the offence.
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Division 5--Alternative to arrest
Notice to appear may be issued for offence
Clause 177 outlines the objective of the clause as providing an alternative
to arrest or summons for an adult.
Where a person is reasonably suspected by a police officer of committing
or having committed an offence, the police officer may use a notice to
appear in order to bring the person before a court. However, the notice to
appear must be personally served on a person. A notice to appear cannot be
served by substitute service or postal service or by a person whose signature
does not appear on the notice to appear.
Notice to appear form
Clause 178 is a machinery clause providing what a notice to appear must
contain. While the clause requires that the substance of the offence must be
included in the notice to appear, it is only intended that a short reference to
the offence be included, e.g., stealing a book from K Mart, Sunnybank at
about 3pm on 5 January 2000.
Additionally, where a person may be leaving the State prior to the
required 14 days service period or will be otherwise unavailable after the 14
days, the person may agree in writing to waive the 14 day service period. It
may also be the case that because of a nervous disposition a person wants an
offence dealt with as soon as possible.
A notice to appear must be signed by the police officer serving the notice
to appear.
Notice to appear must be filed in court without cost to person
Clause 179 requires that the notice to appear must be filed with the clerk
of a Magistrates Court prior to the appearance date. Additionally, there are
to be no filing costs ordered against the person as is the case with a
complaint and summons.
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General particulars only are required on a notice to appear
Clause 180 removes any requirement to provide other than general
particulars of the offence in the notice to appear, e.g., stealing a book from K
Mart, Sunnybank at about 3pm on 5 January 2000.
Additionally, subclause (2) provides that if 2 or more matters are properly
joined in 1 notice to appear in accordance with section 43(1) of the Justices
Act 1886, then regardless of the requirements of section 43(2) and(3) of that
Act each matter need not be set out in a separate paragraph. To remove any
argument, objection cannot be taken because each matter is not set out in a
separate paragraph. It is sufficient to list the charges as set out in the
following example--
Example--
Burglary at 1555 Mains Road Algester at 5am on 21 December 1999
Burglary at 3245 Warrens Road Albany Creek at 10pm on 22 December 1999
Burglary at 33 Smiths Road Rochedale at 6pm on 5 January 2000.
Particulars of notice to appear offence must be given in the proceeding
Clause 181 requires that the prosecution must comply with its duty to
provide proper particulars of an offence in the course of prosecution
irrespective that these particulars are not required in a notice to appear form.
The Magistrates Court before which the person appears is to ensure that
proper particulars are promptly provided to the person by the prosecution
and may grant an adjournment to allow this to happen.
Notice to appear equivalent to a complaint and summons
Clause 182 is a machinery section equating a notice to appear to a
summons in order that a process for dealing with an offence mentioned in a
notice to appear is available without the need to reproduce in the Bill,
multiple clauses similar to those in the Justice Act 1886 pertaining to dealing
with a summons.
Court may order immediate arrest of person who fails to appear
Clause 183 provides alternative ways in which a notice to appear may be
dealt with if a person fails to appear and the notice is not struck out. A
Magistrates Court is entitled to deal with the charge in the absence of the
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person or order that a warrant be issued for the person's arrest to bring them
before the court. Any justice may issue the warrant. Additionally, so there
is no doubt regarding service of the notice to appear, a document purporting
to be a copy of the notice to appear signed on the date it was served by a
police officer who served it and stating when and where it was served, is
evidence of the service of the notice. There is no need for a court to call
evidence of service from the police officer concerned as, unlike the case in
summons, a notice to appear must be served personally.
If a person appears voluntarily before a court after a warrant is issued any
justice may revoke the warrant and without the need to take any further
action with respect to the non--appearance, deal with the offence mentioned
in the notice to appear.
Court must strike out notice to appear if service insufficient
Clause 184 provides a court must strike out a notice to appear if a person
fails to appear and the court is not satisfied that the person was served
personally with the notice to appear. If, for example, there is evidence
before the court the notice to appear was left with a friend of the person
mentioned in it rather than it being given to the person, the court must strike
out the notice.
However, the striking out of the notice to appear under this clause does
not prevent another proceeding being started for the offence for which the
notice to appear was served. Therefore, if a police officer mistakenly
attempts to serve a notice to appear by substituted or postal service, the
officer may serve another notice to appear personally on the person for the
offence.
Division 6--Duties after arrest
Information to be given to arrested person
Clause 185 requires an arresting officer as soon as reasonably practicable
after an arrest to inform the person of the arrest and the offence or the
warrant. Before releasing a person from custody a police officer must give
the person the officer's name, rank, registered number and station in writing.
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Parent and chief executive must be advised of arrest of child
Clause 186 requires a police officer who arrests a child to advise where
practicable, a parent of the child and the CEO of family services or a
nominated person of the arrest and whereabouts of the child, without
unreasonable delay.
Duty of police officer after arrest etc. of person
Clause 187 provides that if a police officer arrests a person with or
without warrant, detains a person, or receives a person into custody who is
arrested or detained by someone other than a police officer, the police officer
must, as soon as reasonably practicable take the person before a court to be
dealt with.
However, the provision does not apply if the arrest is discontinued, the
person is detained for questioning or investigation under chapter 6, is
arrested under clauses 165 or 166, is arrested by a warrant which requires
the person to be taken elsewhere, or is taken to a watchhouse or placed in
custody at a police establishment. The provision recognises that a warrant
may be issued to bring a person before a Commission of Inquiry.
Additionally, if the person is a prisoner under the Corrective Services Act
1988 or was in the custody of a court and escaped a police officer may in the
former case take the person to a watchhouse or a prison, and in the latter to a
watchhouse or police station until he or she can be returned to the relevant
court.
Duty of officer receiving custody of person arrested for offence
Clause 188 applies if an arrested person is delivered into the custody of an
officer in charge of a police station or a watchhouse manager and the person
is not being detained under chapter 6 and it is not practicable to bring the
person before a court promptly.
The officer in charge or watchhouse manager must, as soon as reasonably
practicable, decide whether to grant bail or if not, then to take a person
charged with an offence before a court.
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Duty of officer receiving custody of person arrested under warrant
other than for offence
Clause 189 applies if a police officer or someone else arrests a person
under a warrant issued under another Act or law and the person is delivered
into the custody of the officer in charge of a police establishment or a
watchhouse manager. The officer in charge or watchhouse manager, must
as soon as reasonably practicable, ensure compliance with the warrant.
CHAPTER 6--POWERS AND RESPONSIBILITIES
RELATING TO INVESTIGATIONS AND
QUESTIONING FOR INDICTABLE OFFENCES
PART 1--PRELIMINARY
Division 1--Application of chapter
Chapter does not apply to covert operations
Clause 190 provides that the chapter does not apply to functions of a
police officer performed in a covert way. By way of example, provided a
police officer is acting in an undercover capacity, questions the police officer
asks during a conversation with a person regarding an offence committed by
the person are not subject to the requirement for electronic recording or
warnings contained in chapter.
Also the chapter applies only to indictable offences.
Division 2--Right to remain silent not affected
Right to remain silent not affected
Clause 191 provides that nothing in chapter 6 affects the right of a person
to refuse to answer questions, unless required to answer the questions by or
under an Act. The clause is not, however, designed to overcome or affect
any decision of an appeal court or the High Court of Australia regarding
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inferences that might be drawn from a person exercising the right to remain
silent in certain circumstances, e.g. those laid down in Weissensteiner's case.
PART 2--INVESTIGATIONS AND QUESTIONING
Division 1--Application of part
Application of pt 2
Clause 192 restricts the application of part 2 only to a person who is--
a. lawfully arrested for an indictable offence; or
b. is in lawful custody for an offence that has not been decided; or
c. is in lawful custody under a sentence of imprisonment or, for a child,
a detention order.
The part does not apply to a person who voluntarily agrees to questioning
or to assist in an investigation and who is not under arrest, or not in a
watchhouse, prison or detention centre, or who is not remanded in custody.
Division 2--Removal of persons from lawful custody
Application for removal of person from lawful custody
Clause 193 applies to a person who is suspected of having committed an
indictable offence and is in custody under the Corrective Services Act 1989
or the Juvenile Justice Act 1992 because bail has been refused or revoked or
the person is under a sentence of imprisonment or detention.
Subclause (2) allows a police officer to apply to a magistrate for an order
to remove the person from the prison or detention centre for questioning
about the offence or investigation of the offence.
Subclause (3) allows for the extension of the detention at the time the
initial application is made even though the detention period has not started.
The initial detention period is 8 hours, all of which might be spent travelling
portion of the way to the location of an offence. The subclause is designed
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to allow for extended time to transport a prisoner to a place for the purpose
of questioning or investigation. By way of example, it may take 20 hours to
transport a prisoner from a Brisbane prison to a western Queensland
location for the re--enactment of offence or to locate evidence of an offence.
Subclause (4) is a machinery clause outlining the making of the
application.
Subclause (5) is a machinery clause allowing a magistrate to refrain from
determining the application until he or she receives further information
requested.
Chief executive must be advised of application for removal order
Clause 194 requires that the chief executive of family services must be
advised before making an application for a removal order for a child.
When magistrate may make removal order
Clause 195 allow a magistrate to make a removal order only if he or she
is satisfied the custody is reasonably necessary for the purpose of
questioning or investigation.
Paragraph (f) does not require the return of the person to be commenced
until as soon as reasonably practicable after the detention period ends. This
alleviates the need to continue to apply for extensions to the detention period
after the finalisation of questioning and investigation where safeguards are
no longer required because the person is merely being returned to the
custody of a prison or detention centre.
Division 3--Detention for investigation or questioning
Initial period of detention for investigation or questioning
Clause 197 provides that a police officer may detain a relevant person for
a reasonable time to investigate, or question the person about an indictable
offence for which the person was arrested or any other indictable offence the
person is suspected of having committed.
Subclause (2) provides that the person must not be detained for more than
8 hours unless the detention period is extended under this part.
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Subclause (3) requires that, if applicable, the person be returned to
custody as soon as reasonably practicable after the completion of the
detention period.
Subclause (4) provides that in the initial 8 hour period a person must not
be questioned for more than 4 hours total. However, the time out period
may be more than 4 hours. Therefore, if the time out period extends beyond
4 hours the questioning period correspondingly decreases by the additional
time out period, e.g., 6 hours of time out permits only 2 hours of
questioning time.
Subclause (5) defines the detention period as commencing when the
person is--
a. arrested; or
b. taken into police custody under a removal order; or
c. taken from a watchhouse; or
d. otherwise in the company of a police officer at a watchhouse, prison
or detention centre for the purpose of questioning the person.
What is a reasonable time to detain a person for questioning or
investigation
Clause 198 lists considerations that must be taken into account when
deciding what is a reasonable time to detain a person under section 195.
They are--
a. whether the person's detention is necessary for the investigation of an
indictable offence;
b. the number of indictable offences under investigation;
c. the seriousness and complexity of an indictable offence under
investigation;
d. whether the person has indicated a willingness to make a statement
or to answer any questions;
e. the person's age, physical capacity and condition, and mental capacity
and condition;
f. for a person arrested--any time spent questioning the person before
the arrest;
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g. the need to delay or suspend questioning of the person for the
purpose of time out.
Paragraph (a) may not be determined until questioning has commenced
or progressed.
In taking into account paragraph (d) consideration should also be given to
the possible need to continue to detain a person who, although they have
indicated from the outset that they do not wish to answer questions, should
be given the opportunity to comment on vital evidence which a police officer
is arranging to have transported to the place of questioning.
In determining a reasonable time in terms of paragraph (e) consideration
should also be given to any abnormally long time out periods afforded to a
person on the basis of their age or physical or mental condition.
Subclause (2) provides that if a suspect decides not to answer questions
or continue to answer questions, continuing the detention period may not be
reasonable unless it is necessary to carry out further investigations before
charging the suspect or the suspect consents or is required to participate in an
investigative procedure.
Application for extension of detention period
Clause 199 provides that a police officer may apply for an extension of
the detention period before the period ends.
Subclause (2) requires that an application must be made to a magistrate or
a justice of the peace (magistrates court) or if a magistrate or justice of the
peace (magistrates court) is not available then to a justice of the peace
(qualified).
Subclause (3) stipulates that if the total questioning period since the
detention began will, if extended, be more than 12 hours, the application
must be made to a magistrate. Therefore, if a person has been questioned
for 4 hours in the initial detention period and an extension has been granted
by a justice of the peace for another 5 hours, only a magistrate may further
extend the period of questioning beyond a further 3 hours.
Subclause (4) requires a police officer, when making an application for an
extension, to provide a magistrate with an indication of what time out period
may be needed during the extension.
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Subclause (5) allows the person or his or her lawyer to make
submissions to the magistrate of justice about the application. However, the
submissions must not unduly delay the consideration of the application. It
may be unreasonable for a lawyer to seek an adjournment of the hearing for
any length of time other than that necessary to take verbal instructions from
his client. It is not intended that a hearing should be adjourned to another
date to allow a lawyer to prepare submissions.
Subclause (6) provides that if the application is made before the detention
period ends, the detention of the person does not end unless the magistrate
or justice refuses to extend the detention period.
When detention period may be extended
Clause 200 provides that a justice or magistrate may extend the detention
period for a reasonable time if satisfied--
a. the nature and seriousness of the offence require the extension; and
b. further detention is necessary--
i. to preserve evidence or obtain evidence of the offence or another
indictable offence;
ii. to complete the investigation into the offence or another indictable
offence;
iii. to continue questioning the person about the offence or another
indictable offence; and
c. the investigation is being conducted properly and without
unreasonable delay; and
d. the person, or the persons' lawyer, has been given the opportunity to
make submissions about the application.
With respect to paragraph (b)(i) it may be necessary to extend the
detention period to allow a doctor to arrive to take blood for DNA analysis
from the person.
Subclause (2) provides that a magistrate may grant an extension or
extensions of the detention period for a reasonable time, of not more than 8
hours for questioning on each occasion if the total questioning period since
the detention began will, if extended, be more than 12 hours. The magistrate
may grant such time out as he or she considers necessary.
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A justice who is not a magistrate must not make an order for an
questioning or further questioning for a period that would extend the
questioning period to total more than 12 hours.
What order must state
Clause 201 is a machinery clause outlining the contents of the order.
Use of time out during extended detention period
Clause 202 provides that if a magistrate or justice orders a period of time
be allowed for time out, the time is to be used for the purpose stated in the
application else unless the magistrate or justice otherwise orders or the
person in custody agrees to the alteration and the agreement is, if reasonably
practicable, electronically recorded.
Effect of unforeseen delays on detention
Clause 203 provides that if, because of reasonably unforeseen time out, a
delay happens in making an application for an extension of the initial
detention the detention continues to be lawful but only for the time necessary
to enable the application to be made and decided.
Subclause (2) deals with extensions to extended periods of detention. If,
because of reasonably unforeseen time out the questioning of a person is
suspended or delayed or a delay happens in making an application for an
extension, the detention of the person beyond the end of the detention period
is lawful and the time allowed for questioning remains in force. Therefore,
if a police officer was granted a detention period involving 4 hours of
questioning and 8 hours of time out and after 1 hour of questioning the
suspect required medical treatment which took 10 hours to provide, the
police officer may continue to question the person for 3 hours at the
conclusion of the medical treatment. The fact that no further time out
remains is irrelevant if the questioning continues without a break for the 3
hours period. Any further time out required would need to be applied for.
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Police Powers and Responsibilities
Effect of another arrest on questioning period
Clause 204 provides that if a person is questioned under this part for
more than 4 hours in any 24 hour period irrespective of the offence relating
to the questioning, an application must be made for an extension to
questioning. The clause prevents a police officer from arresting a person for
an offence, questioning the person, releasing them and then re--arresting
them for another offence to obtain a fresh 4 hour questioning period if this
occurs within a 24 hour period. Therefore, any further initial questioning
time within the 24 hours period is reduced by any previous amount during
that period. The clause does not apply to a period of time when the person
may have been a volunteer.
When does detention period start for offenders arrested outside
Queensland
Clause 205 applies where a person has been arrested in another State for
an indictable offence committed in Queensland or has appear before a
magistrate in another State for an indictable offence committed in
Queensland and it is intended to extradite the person to Queensland.
In these instances the detention period commences--
a. when a Queensland police officer starts to question the person about
the offence in the other State; or
b. when the person arrives in Queensland in the company of a
Queensland police officer for the purpose of being questioned for the
offence.
Division 4--Other provisions about investigations and questioning
When person detained may be taken to a place other than a police
establishment
Clause 206 provides a police may take a person, detained under this part,
to a place other than a police station if the police officer considers it is
reasonably necessary to facilitate the purpose of the detention.
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The clause is designed to facilitate an investigation in that a person may be
taken to a place for a medical examination or to re--enact the crime or if
necessary, to a place where there is electronic recording equipment if the
equipment at the police station fails and there is other equipment readily
available to the officer. By way of example, a police officer in a country
location may use the recording facilities at another government department
office if the facilities at a police station are not working or are likely to be in
alternate use for a lengthy period.
Persons helping in covert investigations not under arrest
Clause 207 applies to covert investigations conducted by a police officer
into whether a person other than a person who is in custody following an
arrest has been involved in the commission of an offence or suspected
offence.
If the person in custody voluntarily agrees by electronic recording or in
writing to take part in the investigation, the person stops being under arrest
for the offence. However, the person may later be re--arrested for the
offence.
PART 3--SAFEGUARDS ENSURING RIGHTS OF
AND FAIRNESS TO PERSONS QUESTIONED FOR
INDICTABLE OFFENCES
Division 1--Preliminary
Part applies only to indictable offences
Clause 208 provides the part applies only to indictable offences.
When does this part apply to a person
Clause 209 applies to a volunteer or an arrested person where either is in
company of a police officer for the purpose of questioning as a suspect for
an indictable offence.
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However, the part does not apply to a person if a police officer has
detained the person under a power or law for a search, or has required, the
person to give information or answers under a power of an Act.
Questioning generally
Clause 210 provides that a police officer must not obtain a confession by
threat or promise from a person being questioned.
Questioning of person after proceeding started
Clause 211 provides that a person may help a police officer by making a
statement or answering questions about an offence for which the person has
been charged at any time during the proceedings.
A police officer may, at any time, including after the commencement of
proceedings, question a person to clarify any ambiguity in relation what was
previous said by the person.
A police officer may, at any time, including after the commencement of
proceedings, tell a person of any new evidence and invite the person to make
a statement. By way of example, this provision allows a police officer to put
the results of DNA analysis to a person and invite a statement concerning it.
If the person makes an admission at this time that is contrary to a previous
statement or denial, a police officer would be entitled to question the person
to clear up any differences between the previous and current admissions.
Division 2--Other persons may be present during questioning
Right to communicate with friend, relative or lawyer
Clause 212 requires that prior to the commencement of questioning for an
indictable offence, a police officer must inform the person that he or she
may telephone or speak to a friend or relative to ask the person to be present
during the questioning and telephone or speak to a lawyer of the person's
choice and arrange or attempt to arrange for the lawyer to be present during
questioning.
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Police Powers and Responsibilities
Subclause (2) requires a police officer to delay questioning for a
reasonable time to allow the person to telephone or speak to a person
mentioned above.
Subclause (3) provides a police officer must delay questioning for a
reasonable time to allow a person mentioned above to attend.
Subclause (4) outlines how a reasonable time might be determined for a
person to attend or to speak to the suspect. The subclause intends to restrict
a person needlessly delaying questioning for any number of reasons.
Therefore, generally an upper limit of 2 hours is considered reasonable for a
person to attend or speak to the suspect. Clearly, 2 hours spent speaking to a
friend or relative may be unreasonable whereas the same time spent
speaking to a lawyer in a complex offence may be reasonable.
Speaking to and presence of friend, relative or lawyer
Clause 213 requires the police officer to provide reasonable facilities to
speak to a friend or relative and if a lawyer then, if reasonably practicable in
facilities where the conversation cannot be overheard.
A person permitted to be present during questioning is to be allowed to
give advice to the person. However, if the person is unreasonably
interfering with the questioning, the police officer may exclude the person
from the interview.
The clause does not apply to an Aborigine, a Torres Strait Islander or a
child.
Division 3--Special requirements for questioning particular persons
Questioning of aboriginal people and Torres Strait islanders
Clause 214 applies to adult Aborigines or Torres Strait Islanders.
Subclause (2) states that if the person has not arranged for a lawyer to be
present during questioning, the police must inform the person that a
representative of a legal aid organisation will be notified and as soon as
reasonably practicable, notify or attempt to notify a representative.
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Police Powers and Responsibilities
Subclause (3) provides that subclause (2) does not apply if, having regard
to the person's level of education and understanding, a police officer
reasonably suspects the person is not at a disadvantage in comparison with
members of the Australian community generally.
Subclause (4) prohibits questioning from commencing unless, if
practicable, the person has been allowed to speak to a support person
(defined in Dictionary) in circumstances where the conversation cannot be
overheard and the support person is present during questioning.
Subclause (5) allows the suspect to waive his or her rights to have a
support person present, however, the waiver must be electronically recorded
or in writing.
Subclause (6) allows the support person to be excluded from the
interview if he or she is unreasonably interfering with the questioning.
Questioning of children
Clause 215 applies to a child for the purposes of questioning. The
questioning must not commence unless, if practicable, the child has had the
opportunity to speak to a support person in private. A support person must
be present during questioning. The support person may be excluded from
the interview if he or she is unreasonably interfering with the questioning.
Questioning persons with impaired capacity
Clause 216 applies to a person with an impaired capacity whether it is
apparent prior to an interview or becomes apparent during an interview.
The person must be allowed to speak to a carer and a carer must be
present during the interview.
Questioning intoxicated persons
Clause 217 requires that questioning be delayed until an intoxicated
person has the ability to understand his or her rights and decide whether or
not to answer questions.
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Division 4--Excluding persons unreasonably interfering with
questioning
What is "unreasonable interference" for divs 2-3
Clause 218 provides examples of unreasonable interference for divisions
2 and 3.
Subclause (2) provides that it is not unreasonable interference to seek
clarification of a question, challenge an improper question, challenge the way
in which the question is put or for a lawyer to advise a person not to answer
a question or to request further consultation with the suspect.
What constitutes an improper question should be determined in the
circumstances of the questioning and the answers given by the suspect. If a
suspect has admitted responsibility for the offence and as a lead in to another
question the police officer refers to the suspect's previous admission, the
question would not be improper. The way in which the question is put
relates to the conduct of the interviewer. An interviewer should not yell at a
suspect or commence a question by attempting to belittle the suspect.
Requirements before excluding persons unreasonably interfering with
questioning
Clause 219 provides that a warning should be first given to a person who
may be excluded not to interfere with the questioning and 1 further
opportunity to discontinue the conduct which may lead to exclusion together
with being told that he or she may be excluded.
If police officer excludes person from questioning
Clause 220 requires a police officer to give an opportunity to have another
person attend the questioning if a person already in attendance is excluded.
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Cautioning of persons
Clause 221 provides that a police officer must before starting to question
a person for an indictable offence, caution the person in accordance with the
responsibilities code. It is important that the person understand the caution
and whether they did or not should be judged on the circumstances at the
time, i.e., the person acknowledges they understand. The clause does not
apply where a person is required to answer questions under another Act.
Provision of information relating to a relevant person
Clause 222 requires that a suspect be informed of the request of a relative,
friend or lawyer with respect to the whereabouts of a suspect and that the
person then be told unless the suspect does not want it divulged, the police
officer reasonably suspects the person is not a friend, relative or lawyer or
the whereabouts of the suspect are not in a register and unknown to the
officer.
Right to interpreter
Clause 223 requires that, where needed because of an inadequate
knowledge of the English language or a physical disability on the part of a
suspect, a police officer must delay questioning and arrange for an
interpreter to be present.
Right of visiting foreign national to communicate with embassy etc.
Clause 224 provides that a consular or embassy official may be
telephoned before a person, not an Australian citizen or resident, is
questioned.
Rights of a person to be electronically recorded
Clause 225 provides that information which must be given by a police
officer to a suspect must, if practicable, be electronically recorded.
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Division 5--Recording of questioning
Recording of questioning etc.
Clause 226 provides that if practicable, questioning of a person for an
indictable offence must be electronically recorded. The clause provides a
number of examples of what may be impracticable for the purposes of the
clause. Preference is to be given to an electronic recording where it is
available.
Requirements for written record of confession or admission
Clause 227 stipulates the procedures to be followed if an interview is
written and requires that it be read onto an electronic recording made in the
presence of the suspect.
Access to electronic recording of questioning etc.
Clause 228 requires that a police officer provide a copy of an audio
recording to the suspect or his or her lawyer within 7 days of the making of
the recording or if it is a video recording then within 14 days. If both audio
and video were made, a copy of the audio recording is to be given and the
video made available for viewing. If a transcript is made, a copy of the
transcript is to be provided if requested. The providing of recordings is
subject to any other Act.
Admissibility of records of questioning etc
Clause 229 provides that if this Division is not complied with or there is a
lack of evidence of compliance, the court may still admit the evidence in the
interest of justice.
Division 6--General
List of support persons and interpreters
Clause 230 requires the commissioner to keep a list of support persons
and interpreters or interpreter organisations for use when dealing with a
matter under this chapter.
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When sections 212-216, 222 and 224 do not apply
Clause 231 provides that the clauses relating to the rights of a suspect to
have other people advised of his or her whereabouts or to attend an interview
do not apply where compliance is likely to result in an accomplice avoiding
apprehension or being present, evidence being concealed, fabricated or
destroyed or a witness being intimidated.
Subclause (2) allows for the exclusions mentioned not to apply where
questioning is so urgent it should not be delayed. If, for example, a person
has been abducted and assaulted and left at a location known to the suspect,
the provisions of the part do not apply if there is concern for the victim's
well--being suggesting that the victim needs to be located immediately.
CHAPTER 7--POWERS IN RELATION TO PERSONS
IN CUSTODY
PART 1--SEARCH OF PERSONS IN CUSTODY
Search of persons in custody
Clause 232 applies to a person who is lawfully arrested or is in lawful
custody for an offence that has not been decided, is in custody under
sentence or a detention order or is otherwise lawfully detained under another
Act.
Subclause (2) allows a police officer to search and re--search a person to
whom the clause applies. The subclause is designed to allow regular
searches of persons in custody to make certain that the person is not in
possession of something they are not permitted.
Subclause (3) allows a police officer to seize anything from the person
that the police officer reasonably suspects may provide evidence of the
commission of an offence.
Subclause (4) allows a police officer to retain anything that a person may
use to endanger anyone's safety, including their own or may be used in an
escape, or anything else the police officer reasonably considers should be
kept in safe custody while the person is in custody.
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PART 2--GATHERING INFORMATION FOR
IDENTIFYING SUSPECTS
Division 1--Taking identifying particulars
Taking identifying particulars of person in custody
Clause 233 permits a police officer to take identifying particulars from a
person who is in custody for an identifying particulars offence.
If the person is due to be released after arrest, the person may be detained
for the taking of the identifying particulars.
If the offence, e.g., a demonstration or a disturbance, involves a number
of persons acting alone or together the person may be photographed at the
scene of the arrest and full particulars including another photograph taken
later. The purpose of the subclause is to allow for identification of an
offender and the arresting officer in cases of multiple arrests.
Taking identifying particulars--proceedings started by notice to
appear or complaint and summons
Clause 234 provides that a person other than a child may be detained
before or during the service of a notice to appear or summons for the
purpose of taking identifying particulars.
Identifying particulars notice may be given
Clause 235 allows a police officer who starts a proceeding against a
person, other than a child, to issue the person with an identifying particulars
notice which requires the person to report to a stated police officer at a stated
police station between stated hours within 7 days of the giving of the notice
for the purpose of taking identifying particulars. The identifying particulars
may be taken if the person appears as required. A failure to appear is an
offence of disobeying a requirement under the Bill.
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Court may order taking of identifying particulars
Clause 236 allows a court before whom a person, other than a child,
appears to order the person into custody for up to 1 hours to take identifying
particulars.
Destruction of identifying particulars
Clause 237 provides that if a person is found not guilty of an identifying
particulars offence or is not proceeded against, identifying particulars are to
be destroyed within a reasonable time in the presence of a justice of the
peace unless--
a. the person has been proceeded against on a charge of another
identifying particulars offence that has not been decided;
b. the person has been found guilty of another identifying particulars
offence;
c. the identifying particulars are required for the investigation of another
identifying particulars offence alleged to have been committed by the
person; or
d. the person is not proceeded against because of a mental illness.
Paragraph (a) is qualified to require destruction of the identifying
particulars if the person is found not guilty or not proceeded against unless
another paragraph (a) offence is still involved.
Division 2--Identifying suspects
Identification of suspects
Clause 238 allows for the identification of persons by identification
parades, photo boards, videotape or computer generated images. A suspect
need not take part in an identification parade. Essentially, the conducting of
the parade will be governed by a regulation to the Bill similar to that in the
PPRA 1997.
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PART 3--MEDICAL AND DENTAL PROCEDURES
Division 1--Preliminary
Application of pt 3
Clause 239 applies the part to a person who is suspected or having
committed an indictable offence, whether or not the person has been charged
with the offence.
It is the intention that the part be seen as an aid to investigation of an
offence and, unlike section 259 of the Criminal Code which requires a
person be 'charged' with an offence, a charge is not a prerequisite for this
part. This part can operate from the very outset of an investigation as was
the intention with the relevant part of the PPRA 1997.
Consent or approval needed for performing medical or dental
procedure under this part
Clause 240 provides that police officer must not require a doctor or
dentist to perform a medical or dental procedure on a person unless the
person consents or a magistrate gives approval.
Right to interpreter
Clause 241 requires that an interpreter present where necessary before
taking any action under this part except making an application.
Person must be told of need for consent or approval
Clause 242 requires that prior to asking a doctor or dentist to perform a
medical or dental procedure a person must be informed that the act cannot be
done without consent or a magistrate's approval and that the person has the
right to have 2 other people present and that the person may telephone those
people. The procedure is to be delayed for a reasonable time to allow other
persons to be contacted or attend.
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Speaking to and presence of friend, relative or lawyer
Clause 243 allows a person to talk to a friend, relative or lawyer and allow
them to be present unless they are unreasonably interfering with the
performance of the procedure.
Special consent requirement for children and persons with impaired
capacity
Clause 244 stipulates that consent to the procedure can only be given in
the presence of a support person.
Absence of independent person not to affect lawfulness of custody etc.
Clause 245 provides that the lawfulness of the detention of a person in
custody while the procedure is being performed in the absence of a person
requested to be present is not affected if the person fails to arrive within a
reasonable time or evidence is likely is be lost or destroyed if the procedure
is delayed.
If, for example, a person requests that another person who is serving a
term of imprisonment be present, then there is no need to wait for a
reasonable time before commencing the procedure as it is not a reasonable
request.
Requirements before excluding persons unreasonably interfering with
performance of medical or dental procedure
Clause 246 outlines the procedures to be followed before a person is
excluded from the performance of a medical or dental procedure. The
procedure involves a warning being given and a further opportunity to desist
in interfering.
If police officer excludes person from performance of medical or dental
procedure
Clause 247 provides that if a person is excluded, the suspect must be
given the opportunity to arrange for another person to be present. Also, a
police officer must arrange for another suitable person to be present if the
person excluded is a support person or carer or the suspect has not arranged
for another person to be present.
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Division 2--Performing medical or dental procedures with consent
Consent to be recorded
Clause 248 requires that consent to a medical or dental procedure must be
in writing or electronically recorded.
Doctor's powers
Clause 249 allows a doctor to gain evidence by--
a. examining the person's body including orifices;
b. taking samples of blood, saliva or hair;
c. asking the person to provide a urine sample;
d. collecting substances or things from the person's body.
A doctor may use specified assistants and reasonable force to exercise the
powers.
If consent is withdrawn the doctor must immediately stop performing a
procedure. However, withdrawal of consent does not affect the
admissibility of anything observed, taken or collected prior to the withdrawal
of the consent.
Dentists powers
Clause 250 mirrors clause 249 with the exception of the powers which
may be exercised and the need to have a person of the same sex as the
suspect assist. The dentist's powers are--
a. to examine the person's mouth;
b. take samples of the person's saliva;
c. take dental impressions of the person's mouth;
d. examine any bite mark on the person.
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Division 3--Performing medical or dental procedures without consent
Application of div 3
Clause 251 applies the division to a person in custody for an indictable
offence whether or not the person has been charged with an offence.
It is the intention that the division be seen as an aid to investigation of an
offence and, unlike section 259 of the Criminal Code which requires a
person be charged with an offence, a charge is not a prerequisite for this part.
This part can operate from the very outset of an investigation provided a
person is in custody as was the intention with the relevant part of the PPRA
1997.
Application for order for performance of medical or dental procedure
Clause 252 allows a police officer to apply to a magistrate for approval to
conduct a medical or dental procedure on a person in custody for an
indictable offence.
Making of order
Clause 253 is a machinery section outlining things to be considered by a
magistrate. The clause also allow the magistrate to order the transfer of a
person from one place to another for the procedure to be undertaken.
Copy of order to be given to person
Clause 254 provides that the suspect and doctor or dentist must be given a
copy of the magistrate's order.
Performing medical procedures without consent
Clause 255 applies if a magistrate has made an order and a police officer
asks a doctor to perform the procedures.
A doctor may--
e. examine the person's body including orifices;
f. take samples of blood, saliva or hair;
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g. ask the person to provide a urine sample;
h. collecting substances or things from the person's body provided
grievous bodily harm is unlikely.
A doctor may use specified assistants and reasonable force to exercise the
powers.
Performing dental procedures without consent
Clause 256 applies if a magistrate has made an order and a police officer
asks a dentist to perform the procedures.
The dentist may--
e. to examine the person's mouth;
f. take samples of the person's saliva;
g. take dental impressions of the person's mouth;
h. examine any bite mark on the person.
A dentist may use assistants and reasonable force to exercise the powers.
Division 4--Miscellaneous
Power to analyse samples
Clause 257 provides it is lawful for a person to analyse any sample,
substance, thing, impression or photograph taken under this part.
It is lawful for a police officer to keep the results of anything done for use
in a proceeding for an offence.
Samples and test results to be given to person
Clause 258 provides that a person who takes or collects a sample of other
thing must give the person from whom it was taken or a person nominated a
part of the sample or an equivalent sample unless--
a. it is not practicable to give an equivalent sample;
b. an equivalent sample may be taken at any time, e.g. blood or hair for
DNA analysis;
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c. complying may be inappropriate because the sample or thing may be
used to transmit a communicable disease, in which case the doctor
may send the sample or thing, at the person's expense, to a doctor
nominated by the person or his or her lawyer.
If the person does not nominate a doctor, the sample or thing intended to
be given may be destroyed.
A police officer must as soon as reasonably practicable after the results of
the test or examination are received give a copy of the results to the suspect.
CHAPTER 8 -- OTHER POWERS
PART 1 -- DIRECTIONS IN STATE BUILDINGS
Division 1 -- Screening of entrants to state buildings
Power to require reasons for entry to state building
Clause 259 provides the power for a police officer to require a person to
indicate the reason for that person entering or being in the state building.
Use of electronic screening devices in state buildings
Clause 260 applies to those state buildings with a system of security that
involves a walk--through detector, and X--ray machine, or a hand held
scanner. Subclause (2) provides that a police officer may request a person to
walk through the walk--through detector, pass the person's belongings
through the X--ray machine or allow the police officer to pass the hand held
scanner over the person or the person's belongings. The clause allows a
police officer to employ one or more of the electronic screening devices.
Police officer may ask entrant to remove outer garment etc.
Clause 261 provides that a police officer may request that a person
entering or being in a state building do the one or more of the following--
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a. allow the police officer to inspect the person's belongings;
b. remove one or more outer garments worn by the person and allow
the police officer to inspect the garments;
c. allow the police officer to remove and inspect all items from the
clothing of the person;
d. allow the police officer to open and inspect all items;
c. allow the police officer to open and inspect a vehicle or part of a
vehicle;
d. allow the police officer to remove and inspect an item from the
vehicle.
The term inspect includes handling, opening and examining the item and
its contents. The request may be made if the police officer considers it
necessary and that the police officer informs the person the reason for the
request being made. The clause applies even if the person or the person's
belongings have been subjected to electronic screening. A police officer
may only touch a garment the person is wearing if the police officer is of the
same sex as the person.
Direction by police officer to leave building
Clause 262 provides that a police officer may issue a direction to a person
to leave a state building immediately and for the person to take their
belongings with them. This clause applies if the person has failed to provide
the person's reason for entering or being in the state building under clause
259 or allow a police officer to exercise the power under clause 260 to clause
261.
Power to search person or vehicle without warrant not affected
Clause 263 indicates that Division 1 -- Searching of entrants to state
buildings, does not affect the powers provided to a police officer to search a
person or a vehicle without a warrant under the Bill.
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Division 2 -- Miscellaneous powers for Division 1
Seizure of proscribed things
Clause 264 provides that a police officer may seize a proscribed thing
found in possession of a person entering or being in a state building. A
proscribed thing is defined in Schedule 3-- Dictionary, as proscribed matter
under the State Buildings Protective Security Act 1983 and means an
explosive substance, a firearm, a noxious or offensive substance or an
offensive weapon. An exemption is provided for against seizure for persons
in lawful possession of proscribed things in the course of the person's trade,
business or calling.
Refusal of entry to and removal from building
Clause 265 provides that a police officer may remove a person from a
state building or prevent the person from entering the state building if that
person has failed to comply with a request given under Division 1 or fails to
satisfy the police officer that they have a good and lawful reason for entering
or being in the state building. This clause provides power to remove the
person from or prevent entry of the person to the state building without
having to arrest the person and does not interfere with the powers and
responsibilities of the Bill relating to an arrest.
PART 2 -- PRESERVING SAFETY FOR SPECIAL
EVENTS
Division 1 -- Preliminary
Application of pt 2
Clause 266 indicates that the part applies only to special events.
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Purpose of pt 2
Clause 267 provides that the purpose of part 2 is to provide necessary
special provisions for the preservation of public order and safety of persons
involved in special events and the safety of other persons at special event
sites.
Division 2 -- Declaration of special events
Declaration of special event
Clause 268 provides that a regulation may declare an event to be a special
event under part 2. The regulation must:
a. describe the event and the event site; and
b. state the period that the event will be declared as a special event; and
c. state the places, if any, that an authorised person may exercise
specified powers under Division 5; and
d. state those things that a person is prohibited from bringing into the
special event site; and
e. state any restrictions to access to a part of the special event site; and
f. state any conditions decided by the Minister as to access to the
special event site or any part of it.
Requirements for declaring special events
Clause 269 indicates that before an event is declared a special event the
Minister must be satisfied that the declaration is necessary for the
preservation of public order and safety of persons involved in special events
and the safety of other persons at special event sites. The Minister is to have
regards to the nature of the event, the status in the international community
of the persons involved in the event or the State's obligation for holding the
event. The Minister must also be satisfied that there is a reasonable
likelihood that the event may be disrupted if the powers under Division 5 are
not exercised, the exercise of the powers is necessary for the protection of
persons involved in the event, or the exercise of the powers is required as a
condition of the holding of the event being held in Queensland.
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Notice of declaration to be given
Clause 270 provides that the Minister must give notice of the making of
the declaration of a special event site in a newspaper circulating generally in
the Queensland as soon as practicable and no later than 7 days after the site
is declared as a special event site. The clause provides that failure to give
notice does not invalidate the declaration.
Division 3 -- Statutory conditions relating to entry to special event sites
Statutory conditions of entry
Clause 271 provides that as a condition of entry to a special event site a
person must not take into or possess in the site a prohibited item and if
asked must permit a search of their personal property or permit a frisk
search of their person.
Statutory condition about restricted areas
Clause 272 provides that reasonable steps are to be taken by the organiser
of the special event to provide information to the public of the limits of a
restricted area at the special event site. This may be by signs or other means.
Division 4 -- Appointment of authorised persons
Appointment of authorised persons
Clause 273 provides that the Commissioner may appoint a person to be
an authorised person under Part 2 only if the commissioner believes the
person has the necessary expertise or experience to be an authorised person
under Part 2 or the person has satisfactorily completed a course of training
approved by the Commissioner. The appointment must state the powers the
authorised person may exercise under Part 2 and where and when they may
be exercised as well as stating any limits to the powers of the authorised
person if required.
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Identity card
Clause 274 provides that the Commissioner is to provide an identity card
to the authorised person. If the State has not organised the event the
Commissioner may require the organiser to provide the identity card. The
identity card must contain a recent photograph of the authorised person, be
signed by the authorised person, identify the person as an authorised person,
provide a unique identification number and include an expiry date. The
identity card must be returned to the Commissioner as soon as practicable
and within 21 days after the person ceases to be an authorised person. It is
an offence to fail to do so without a reasonable excuse.
Production or display of authorised person's identity card
Clause 275 indicates that the authorised person may only exercise a
power in relation to someone else only if the authorised person first
produces the identity card for that someone else to inspect or the authorised
person has the identity card displayed so it is clearly visible to that someone
else. If is not practicable for the authorised person to comply with this
requirement before exercising a power in relation to that someone else, the
authorised person must produce the identity card for inspection by that
someone else as soon as it is practicable.
Division 5 -- Powers for special event sites
Power to require reasons for entry to special event site
Clause 276 provides the power for a police officer or an authorised
person may request a person to state their reason for entering or being in a
special event site. If the person fails to comply with the request the police
officer or authorised person must warn the person that they may be removed
from or prevented from entering the special event site unless the person has
a reasonable excuse for failing to comply. This clause only applies to an
authorised person if it is stated as such in the appointment of that authorised
person.
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Use of electronic screening devices at special event site
Clause 277 applies to those special event sites with a system of security
that involves a walk--through detector, and X--ray machine, or a hand held
scanner. Subclause (2) provides that a police officer or an authorised person
may request a person to walk through the walk--through detector, pass the
person's belongings through the X--ray machine or allow the police officer
to pass the hand held scanner over the person or the person's belongings.
The clause allows a police officer or authorised person to employ one or
more of the electronic screening devices.
Police officer or authorised person may ask entrant to remove outer
garment etc.
Clause 278 provides that a police officer or authorised person may
request that a person entering or being in a special event site to do the one or
more of the following:
a. allow the police officer or authorised person to inspect the person's
belongings;
b. remove one or more outer garments worn by the person and allow a
police officer or authorised person to inspect the garments;
c. allow a police officer or authorised person to remove and inspect all
items from the clothing of the person;
d. allow a police officer or authorised person to open and inspect all
items;
e. allow a police officer or authorised person to open and inspect a
vehicle or part of a vehicle;
f. allow a police officer or authorised person remove and inspect an
item from the vehicle.
The term inspect includes handling, opening and examining the item and
its contents. The request may be made if the police officer or authorised
person considers it necessary and that the police officer or authorised person
informs the person the reason for the request being made. The clause
applies even if the person or the person's belongings have been subjected to
electronic screening. A police officer or authorised person may only touch a
garment the person is wearing if the police officer or authorised person is of
the same sex as the person. This clause only applies to an authorised person
if it is stated as such in the appointment of that authorised person.
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Frisk search of persons
Clause 279 provides that a police officer may request a person in or
entering a special event site permit a frisk search to be conducted of their
person.
Refusal of entry to and removal from building
Clause 280 applies if a person fails to comply with request or direction
given under Division 5, fails to satisfy a police officer or authorised person
that they have a good and lawful reason to be at the special event site or a
particular part of it, or has contravened a provision of Division 6. A police
officer or authorised person may remove the person from the special event
site or prevent the person from entering the special event site. The power
contained in subclause (2) do not apply if the person is arrested under a
contravention of Division 6 or clause 358.
Division 6 -- Offences
Unauthorised entry to a special event site
Clause 281 provides an offence for a person must not enter or remain in a
special event site unless the person has paid the entry fee if any, has the
consent of the organiser or is otherwise authorised to enter or remain at the
special event site.
Unauthorised entry to a restricted area
Clause 282 provides an offence for a person must not enter or remain in a
restricted area of a special event site without a reasonable excuse.
Interference with a special event
Clause 283 provides an offence for a person to disrupt, integer with, delay
or obstruct the conduct of the special event or an associated activity or
interfere with the reasonable enjoyment of the special event or associated
activity.
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Prohibited items
Clause 284 provides an offence for a person taking a prohibited item onto
or possess a prohibited item at a special event site without a reasonable
excuse.
Assault etc. of authorised person
Clause 285 provides an offence for assaulting or obstructing authorised
person exercising a power under Part 2. Assault has the meaning given by
the Criminal Code and obstruct includes hinder, resist and attempt to
obstruct.
PART 3 -- POWERS RELATING TO NOISE
Application of pt 3
Clause 286 provides for the application of the part to the abatement of
environmental nuisance caused by excessive noise. The part applies if
excessive noise is emitted from a place by a musical instrument; an
appliance for electrically producing or amplifying music or other sound a
motor vehicle other than a motor vehicle on a road a gathering of people for
a meeting, party, celebration or similar occasion and is audible in any
residential or commercial premises.
Part 3 does not apply to excessive noise emitted from a place while being
used for either an open--air concert, commercial entertainment or a public
meeting under a permit under any Act or law authorising the amplification
or reproduction of sound.
Complaint about noise
Clause 287 provides the basis for a person to make a complaint to a
police officer if that person reasonably believes noise being emitted from a
place is excessive. The clause also indicates that a police officer is to
investigate or cause to be investigated the compliant as soon as practicable
unless the police officer believes the complaint is frivolous or vexatious.
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Police Powers and Responsibilities
Powers of police officers on investigation of complaint
Clause 288 indicates a police officer may enter, without warrant, the place
from which the noise is being emitted and direct the occupier of the place or
other persons at the place who appear to the officer to be responsible for
causing or permitting the noise to abate the excessive noise. This is termed
as the noise abatement direction and may be given by written notice or
orally.
Before giving the noise abatement direction the police officer must be
reasonably satisfied the noise is excessive and is clearly audible at or near the
complainant's residence or commercial premises. The police officer is to
consider the circumstances regarding the complaint including the degree of
interference the noise is causing or likely to cause to the activities ordinarily
being conducted in the area and the lawful uses for premises in the
neighbourhood.
Compliance with noise abatement direction
Clause 289 provides an offence for a person who is given a noise
abatement direction not to comply immediately with the direction and refrain
from causing or contributing to excessive noise from the place for a period
of 12 hours from when the direction is given.
A further offence is provided for another person who knows that a noise
abatement direction has been given and does not refrain from causing or
contributing to excessive noise from the place for a period of 12 hours from
when the direction is given.
Subclause (3) indicates that it is immaterial if the noise relating to the
offences in this clause is not of the same level of the excessive noise which
was responsible for the noise abatement direction being given.
Additional powers of police officers on later investigations
Clause 290 indicates a police officer may enter, without warrant, the place
where a noise abatement direction has been given within 12 hours and have
any property being used to produce or contribute to the production of
excessive noise and seize and remove the property, make the property
inoperable or do such things as to prevent its further use. The police officer
is take all reasonable steps to ensure as little damage as possible is done to
the property.
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This clause applies if after a further investigation the police officer is
satisfied that the noise is excessive in the circumstances as outlined in clause
287 and that the powers in clause 288 would be exercised.
Offence to interfere with locked etc. property
Clause 291 indicates that if a police officer has locked, sealed or otherwise
dealt with property under clause 290(2)(b)(i) a person who unlocks, unseals
or uses the property within 24 hours after the noise abatement direction is
given commits an offence.
Recovery of seized property
Clause 292 provides that a person who had possession of the property
when it was seized or is the owner of the property or a person acting for the
possessor or the owner may claim the property during stated hours on a
business day provided 24 hours has elapsed since it was seized.
A police officer is not to return the property unless that officer is satisfied
the person is the person who had possession of the property when it was
seized or is the owner of the property or a person acting for the possessor or
the owner.
Nothing in this clause prevents a police officer from retaining the property
if it is reasonably suspect that the property is evidence of the commission of
an offence.
Recovery of costs of seizure etc.
Clause 293 provides the authority for the State to recover reasonable costs
incurred by police in exercising powers under clause 288.
General powers and role of certain police officers
Clause 294 provides the authority for Aboriginal or Islander police
officers to exercise the powers under part 3 in the Aboriginal or Islander
local government area in which they are appointed.
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Power to require answers to questions
Clause 295 provides that a police officer may require a person to answer
questions about an offence if the officer reasonably suspects an offence
against part 3 has happened and that person may be able to provide
information about the offence.
PART 4 -- POWERS RELATING TO NUISANCE IN
MOVEABLE DWELLING PARKS
Behaviour in moveable dwelling park causing serious nuisance
Clause 296 indicates that a person whilst in a moveable dwelling park
causes a serious nuisance if the person causes the serious nuisance to
residents or anyone else in the park.
Power to enter moveable dwellings
Clause 297 provides that a police officer who reasonably suspects there
is a person in a moveable dwelling causing or has just caused a serious
nuisance in the park may enter the dwelling without a warrant.
Initial direction about serious nuisance
Clause 298 applies if a police officer finds a person causing a serious
nuisance in a moveable dwelling park or receives information or finds a
person in circumstances that lead the officer to reasonably believe that a
person has just caused a serious nuisance in a moveable dwelling park.
The police officer may then direct the person to immediately stop causing
the nuisance and/or refrain from causing another nuisance. These directions
are referred to as initial nuisance directions and may be given by written
notice or orally.
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Direction to leave park
Clause 299 applies if an initial nuisance direction has been given to a
person and a police officer suspects on reasonable grounds that the person
has contravened the direction not to cause another serious nuisance direction
within 24 of the direction being given or the person otherwise contravenes a
direction.
The police officer may then direct the person to leave the moveable
dwelling park and not return for a period not longer than 24 hours. This
direction is referred to as a final nuisance direction and may be given by
written notice or orally.
PART 5 -- MISCELLANEOUS POWERS
Entry of place to prevent offence, injury or domestic violence
Clause 300 provides the power for a police officer to enter a place if the
officer reasonably suspects there is imminent risk of injury to a person or an
offence involving the damaging of property at the place or domestic violence
has occurred or is occurring at the place. A place includes a vehicle in the
place.
The police officer may enter and stay on the place for a time reasonably
necessary to establish if the reason for entry exists, to ensure the imminent
risk of violence does not exist and to give or arrange for reasonable help to
any person on the place.
Subclause (4) provides the authority for the police officer to detain and
search a person or search the place in relation to anything that may be or has
been used to cause injury or damage or for an act of domestic violence and
seize those items. The subclause also provides that the place may be
searched for anyone who may be at risk of injury or an act of domestic
violence. The occupier of the place must be informed that they can
accompany the police officer whilst the place is searched.
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Police officer may use assistance in exercising certain powers
Clause 301 provides that it is lawful for a police officer exercising powers
under the Bill to seek the assistance of another person that the police officer
reasonably requires to perform a function of the police service. This person
is referred to as an assistant. The clause also provides it is lawful for a
police officer to take the assistant, equipment, vehicle, animal or material as
is reasonably required onto the place for exercising the power. The police
officer, where practicable, is to inform the assistant of the action the assistant
is authorised to take and the assistant's power under this clause. A police
officer can not authorise an assistant to arrest a person or demand a person's
name and address.
Protection for assistants from liability
Clause 302 provides an assistant does not incur a civil liability whilst
being an assistant and that the civil liability attaches to the State.
Power to use force--exercise of certain powers
Clause 303 authorises the use of reasonably necessary force by a police
officer, and anyone helping the police officer, when exercising a power
under the Bill in relation to a thing.
Power to use force against individuals
Clause 304 authorises the use of reasonably necessary force by a police
officer, and anyone the police officer, when exercising a power under the
Bill against a person.
Power to use force against individuals in critical situations
Clause 305 applies if a police officer reasonably suspects a person has
committed, is committing or is about to commit an offence punishable by
like imprisonment or is has committed the offence punishable by life
imprisonment and is attempting to escape arrest of has escaped arrest or
custody. The clause also applies if a police officer reasonably suspects a
person is doing or about to do something that is likely to cause grievous
bodily harm or death to another person and the officer reasonably suspects
that the only way to prevent the grievous bodily harm or death is to exercise
the power authorised under this clause.
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It is lawful for a police officer to use such force as is reasonably
necessary to prevent the continuation or repetition of the offence or the
commission of another offence punishable by life imprisonment, to
apprehend the person, to prevent the persons escape or to prevent grievous
bodily harm or death. The police officer may use force likely to cause
grievous bodily harm or death to achieve this. The police officer should, if
practicable, call upon the person to stop the unlawful behaviour before using
force likely to cause grievous bodily harm or death.
CHAPTER 9 -- OTHER STANDARD SAFEGUARDS
PART 1 -- PRELIMINARY
Chapter does not apply to covert operations
Clause 306 indicates chapter 9 does not apply to the functions of a police
officer performed in a covert way including anything done under a covert
search warrant.
PART 2 -- SAFEGUARD FOR THINGS SEIZED
Division 1 -- Application of part 2
Application of pt 2
Clause 307 indicates part 2 does not apply if a police officer seizes a thing
under another Act that must be taken before a stated person.
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Division 2 -- General safeguards
Receipt for seized property
Clause 308 stipulates that a police officer is to provide or cause to be
provide a receipt to the owner of a thing or the occupier of the premises
from which a thing was seized as soon as practicable after the thing is
seized. If the occupier is not present the receipt is to be left in a conspicuous
place. The receipt must describe the thing and any other information
required by the responsibilities code.
A receipt does not have to be provided if the police officer reasonably
suspects it may obstruct any investigation but only applies for as long as the
officer continues to have the reasonable suspicion and a police officer
involved in the investigation remains in the vicinity of the place and keeps it
under observation.
The requirement to provide a receipt does not apply if the police officer
reasonably believes the thing has been abandoned or there is no--one
apparently in possession of the thing.
Right to inspect seized documents
Clause 309 indicates a police officer who seizes a document must allow a
person entitled to the document to inspect it at any reasonable time from
time to time and to take extracts or make copies of it. This requirement is
relieved if a justice orders otherwise.
If a police officer seizes a document under a production order, a copy
certified by the officer is to be given to the person to whom the order is
addressed if requested by that person.
The police officer may refuse to allow a document to be viewed, copied
or have extracts taken from it if the officer reasonably suspects the person
will repeat or continue an offence or commit another offence.
Division 3 -- Return of seized things
Application for return of seized things
Clause 310 applies if a police officer seizes a thing under the Bill, the
thing has not been returned to the owner or person in possession of it before
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it was seized and at least 28 days has expired since the thing was seized.
The owner or possessor may make application to a Magistrate in the
approved form for the return of the item. The person must give the
Attorney--General and the commissioner a copy of the application and
notification of the date, time and place fixed for the hearing of the
application. This clause also applies to a thing seized under a search warrant
issued in relation to an interstate serious offence.
The court may order the return of the thing on the conditions the court
considers appropriate if satisfied the reason for retaining the thing no longer
exists. Subclause (5) provides for the circumstances when the court cannot
order the return of property.
Return of seized things
Clause 311 provides the requirement that a police officer must return a
thing seized to the owner or the person in possession of it before it was
seized if the officer is satisfied it is no longer needed as evidence and it is
lawful for that person to have possession of it. A police officer who seized a
thing to prevent a person causing harm to himself, herself or someone else
or to prevent an offence or a breach of the peace may retain the thing for a
reasonable time not exceeding 28 days.
Division 4 -- Disposal of seized things
Disposal of seized weapons
Clause 312 applies to a weapon or other thing seized under the Domestic
Violence (Family Protection) Act 1989 or otherwise seized by police before
or after the commencement of the clause. After the appointed day the
weapon or other thing may be delivered it to the owner or person entitled to
possess it or a person nominated by the former if a police officer is satisfied
someone is the owner or entitled to possess it under the Weapons Act 1990
or a court so orders under section 39 of the Justices Act 1886.
A weapon or other thing may only be delivered to the mentioned person
or persons if they satisfy the police officer who has the weapon or thing that
the person is authorised to possess the weapon or other thing. This does not
apply to a weapon or other thing forfeited to the State.
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If a weapon or other thing has not been delivered within 3 months after
the appointed day or a longer period determined by the commissioner in a
particular case, the weapon is forfeited to the State.
What is the appointed day for disposal of seized weapons
Clause 313 defines the appointed day referred to in clause 312.
Application for order in relation to seized things
Clause 314 provides that unless subclause (1)(a) to (1)(g) applies a police
officer must make application to a justice of the peace or a magistrate for an
order under clause 315 within 28 days of seizing a thing. If no application is
to be made because of subclause (1)(a) to (1)(g) a police officer must deal
with the thing in the way specified in the responsibilities code unless the Bill
provides otherwise. An application must also be made within 28 days if a
proceedings started and discontinued in respect of the thing without any
order being made or the consent to retain the thing is withdrawn. An
application must be accompanied by any warrant under which the thing was
seized and the record made of it.
Orders issuer may make in relation to seized thing
Clause 315 indicates that the justice of the peace or magistrate after
considering the application may order the thing be dealt with in accordance
with subclause (1)(a) to (1)(e) and the order may impose any conditions
considered appropriate.
Disposal of seized things at end of proceedings
Clause 316 provides that at the end of a proceedings a court may order
that a thing be returned, forfeited, destroyed, disposed of, that it be dealt
with by way of section 39 of the Justices Act 1886 or police retain it until it
is dealt with according to law. A thing forfeit under the Bill becomes the
property of the State. The commissioner is to decide how thing forfeited, to
be destroyed or disposed of is dealt with and if the value of the thing exceeds
a value prescribed under a regulation the Minister's approval as to how the
thing is dealt with is required.
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Division 5--Ministerial arrangements
Ministerial arrangements for transmission and return of seized things
Clause 317 provides that a thing seized under this Bill and may be
relevant to an investigation into an offence in another jurisdiction is to be
given to the law enforcement agency for that jurisdiction and when the thing
is no longer required for that investigation or a subsequent proceedings it is
to be returned unless disposed of by order or direction of a court. This is
subject to the Minister entering into an arrangement with a Minister that is
responsible for the administration of a law declared by regulation to be a
corresponding law for this clause. Similarly, clause 317 also provides that if
the Minister has entered the arrangement with the other Minister, a thing
seized under the corresponding law that is relevant to an investigation of an
offence in Queensland is to be given to the commissioner. When the thing
is no longer required for the investigation or subsequent proceedings it is to
be returned provided a court has not ordered or directed its disposal.
A thing returned to a law enforcement agency under this clause is
property in the custody or possession of police in the course of their duty
within the meaning of the Justices Act 1886. If the owner of the thing is
unknown or can not be located after reasonable inquiries the thing may be
dealt with under the Justices Act 1886.
PART 3 -- OTHER SAFEGUARDS
Division 1 -- General provisions about searches of persons and vehicles
General provisions about searches of persons
Clause 318 provides guidelines that a police officer must follow to protect
the privacy of a person being searched. The police officer must ensure the
search causes minimal embarrassment to the person where reasonably
practicable, take reasonable care to protect the dignity of the person, unless
necessary restrict a search in public to an examination of outer clothing and
if a more thorough search is necessary but not required immediately conduct
the search out of public view.
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Subclause (2) provides further safeguards which, unless the search is
necessary immediately, require the police officer to be the same sex as the
person being searched, have a person of the same sex as the person conduct
the search acting at the direction of the police officer or have a doctor
conduct the search acting at the direction of the police officer.
Taking a person to another place for search
Clause 319 indicates if it is impracticable to search a person for a thing
that may be concealed a police officer may take the person to a place with
adequate facilities for conducting the search. The police officer is to consider
whether the thing can be concealed on the person, whether the search should
be conducted elsewhere and the need to protect the dignity of the person
before taking the person to another place.
Limitation on period of detention for search
Clause 320 provides that a police officer must not detain a person or
vehicle for a search any longer than is reasonably necessary.
General provision about searches of vehicles
Clause 321 stipulates that a police officer must consider whether the
search of vehicle would be more effective somewhere else because of the
nature and size of the thing that may be concealed before moving the vehicle
to a place with appropriate facilities.
If the police officer decides to take the vehicle to another place for a search
and the person apparently in possession of the vehicle is known, the police
officer must tell the person where the vehicle is to be taken and ask the
person if they want to be present during the search.
If the police officer searches an unattended vehicle or anything in it, the
police officer must leave a notice in a conspicuous place in or on the vehicle
indicating that a search of the vehicle or particular thing has been conducted,
the officers' name, rank and station and that a record of the search may be
obtained from any police station. The police officer must ensure, where
reasonably practicable, leave the vehicle secured at least to the extent it was
before the search.
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Dealing with persons who obstruct search of person or vehicle
Clause 322 indicates if a person obstructs a search of their person, of
another person or of a vehicle, a police officer must warn the person it is an
offence to obstruct a police officer in the performance of the officer's duties.
The person should be given a reasonable opportunity to stop obstructing the
officer before force is used. Subclause (2) provides for circumstances when
it may not be reasonably practicable to provide the warning and subsequent
opportunity to desist.
Division 2 -- Searches involving removal of clothing
Removal of clothing for search
Clause 323 indicates division 2 applies to the removal of clothing from
the upper or lower part of the body of a female or the lower part of the body
of a male.
Protecting the dignity of persons during search
Clause 324 provides that a search is to be conducted in a way providing
reasonable privacy for the person. The police officer must, if reasonably
practicable, inform the person they will be required to remove clothing
during the search and why it is necessary to do so. The police officer must
also, if reasonably practicable, give the person the opportunity to remain
partly clothed during the search.
The search is to be conducted as quickly as possible with the person being
allowed to dress as soon as the search is finished. The police officer is not
to make contact with the genital or anal areas of the person but may make a
visual inspection. If clothing is seized during the search the person must be
left with or given reasonably appropriate clothing.
Special requirements for searching children and persons with impaired
capacity
Clause 325 stipulates if the person to be searched is a child or a person
who may not be able to understand the purpose of the search then a support
person is required to be present. The police officer may search the person in
the absence of the support person if the officer reasonably suspects the delay
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will result in evidence being lost, concealed or destroyed or tan immediate
search is necessary for the safety of a person.
If video cameras monitor place where person is searched
Clause 326 indicates if a video camera monitors the area where a person
is to be searched then it must be turned off or the search is to be conducted
out of the view of the camera unless the person viewing the monitor is a
police officer or the same sex as the person being searched. Any video
recording of the search must not be show to anyone other than the persons
referred to in subclause (2).
Division 3 -- Other Safeguards
Safeguards for directions or requirements
Clause 327 indicates if a police officer gives a direction or requirement to
a person and the person fails to comply, the police officer must, if
practicable, warn the person it is an offence to fail to comply with the
requirement or direction without a reasonable excuse and the person may be
arrested for the offence. The person is to be given a reasonable opportunity
to comply with the requirement or direction.
Use of force to enter likely to cause damage
Clause 328 applies if a police officer intends to enter a place to arrest or
detain someone, to search a place or establish a crime scene. Before the
police officer uses force that may cause damage the police officer, if
practicable, must ask the occupier to allow the police officer to enter and give
the occupier a reasonable opportunity to allow the police officer entry.
Subclause (2) provides for circumstances where it may not be reasonably
practicable to comply with subclause (1).
Police officer to give notice of damage
Clause 329 applies if a police officer or a person assisting a police officer
damages something when exercising a power under this Bill or another Act.
The police officer must give written notice of the damage to the apparent
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owner of the thing. The notice is to be left in a conspicuous place if the
owner is not present. If the police officer believes the damage was caused
by a defect in the thing or circumstances beyond the officer's control, this
may be stated in the notice.
A notice does not have to be provided if the police officer reasonably
suspects it may obstruct any investigation but only applies for as long as the
officer continues to have the reasonable suspicion and a police officer
involved in the investigation remains in the vicinity of the place and keeps it
under observation. The clause does not apply to damage the officer
reasonably believes is trivial or reasonably believes there is no--one
apparently in possession of thing or that it has been abandoned.
Supplying police officer's details
Clause 330 applies to the circumstances as outline in subclause (1)(a) to
(1)(h). The police officer is to provide details of name, rank and station if in
uniform and if not in uniform state that he or she is a police officer and
produce for inspection his or her identity card. If a search is being
conducted under a search warrant the police officer must state the purpose of
the search and the reason for seizing any property. If more than one police
officer is present during searches mentioned in subclause (5) only the senior
officer is required to comply with the clause. However, if a person asks
another officer for details that officer must comply.
Record of execution of warrant or order
Clause 331 indicates a police officer who executes a warrant or order, if
reasonably practicable, must write the date and time of execution, the name
of the person on whom it was executed, if available the name of the occupier
of the place and the name, rank, registered number and station of the police
officer on the back of the original warrant or order or form of the warrant or
order and sign it.
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CHAPTER 10 -- ADMINISTRATION
PART 1 -- WATCH--HOUSES
Control of persons in watchhouses
Clause 332 provides the authority for the manager of a watchhouse to
give or cause to be given to a person in custody in the watchhouse any
reasonable directions or steps for ensuring good management and control.
Transfer of persons in watchhouses
Clause 333 provides the authority for a manager of a watchhouse to
transfer a person in custody from a watchhouse to a facility referred to in
paragraphs (a) to (d).
PART 2 -- REGISTERS
Division 1 -- Application and purpose
Application of pt 2
Clause 334 explains the extent of the new part's application to police
officers of the CJC, QCC, the NCA and the QPS.
The requirements under Divisions 2 and 3 cannot be imposed on the
NCA as such provisions would conflict with the National Crime Authority
Act 1984 (Cth) and so would be invalid under section 109 of the
Constitution of the Commonwealth.
Purpose and explanation of pt 1
Clause 335 explains the purpose of the new part and acknowledges the
fact that operations may involve more than one agency.
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Division 2 -- Registers of surveillance and covert search warrants
Application of div 2
Clause 336 limits the operation of the division to covert acts and to
enforcement acts done when exercising powers under a surveillance warrant
or covert search warrant.
Particular Acts do not apply to this division
Clause 337 provides that the Libraries and Archives Act 1988 and the
Freedom of Information Act 1992 do not apply to this division.
Register of covert acts
Clause 338 requires the CJC, the QCC and the QPS to keep a register of
covert acts. The section also allows the Chairperson of the CJC, the Crime
Commissioner and the Commissioner of the Police Service to determine
form of the entity's register. However, the section requires the register to be
kept secure.
Information to be recorded in register
Clause 339 specifies the information to be recorded with respect to covert
search warrants. The information to be recorded in the register relating to
other covert acts will be specified in the Responsibilities Code.
Who must record information in register
Clause 340 requires a police officer who does a covert act to cause the
prescribed information to be recorded in the covert register. If 2 or more
police officers are doing that covert act, the requirement is imposed on the
senior police officer involved.
The section requires the information to be recorded as soon as reasonably
practicable after the act is done or the information becomes available. Some
of the information to be included in the register, for example, information
about any proceedings started because of evidence or intelligence obtained
from using a surveillance warrant, would not be available until long after the
covert act is done.
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Which register to be used
Clause 341 specifies when the register kept by the CJC, QCC and the
QPS is to be used to record information. However, if a covert act is done as
part of a joint operation the information may be included in 1 or more
entity's register.
Who may inspect police service register
Clause 342 restricts inspection of the covert register kept by the QPS.
Who may inspect CJC's register
Clause 343 restricts inspection of the covert register kept by the CJC.
Who may inspect QCC's register
Clause 344 restricts inspection of the covert register kept by the QCC.
Other authorised inspections
Clause 345 allows the Chairperson of the CJC, the Crime Commissioner
and the Commissioner of the Police Service to authorise inspections of their
entity's register for specified purposes.
Some authorisations given to individuals within the CJC, QCC and the
QPS are, because of their nature and purpose, expected to be uninterrupted.
For example, an authority to inspect the register for maintaining it and for
preparing applications for surveillance warrants and covert search warrants.
An perpetual authorisation to inspect the register for monitoring compliance
with the Act, to satisfy internal auditing standards.
General restrictions on inspections by monitor
Clause 346 confirms an implied limitation on the monitor's authority to
inspect a covert register, that is, to the extent necessary for performing the
monitor's functions.
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Division 3 -- Enforcement registers
Application of div 3
Clause 347 limits the application of the division to enforcement acts, other
than enforcement acts done when exercising powers under a surveillance
warrant or covert search warrant.
Register of enforcement acts
Clause 348 requires the CJC, the QCC and the QPS to keep a register of
enforcement acts.
This register may form part of another register kept under this or another
Act. For example, the register may form part of a register which records
search powers exercised under the Domestic Violence (Family Protection)
Act 1989 or the Child Protection Act 1999.
The section also allows the Chairperson of the CJC, the Crime
Commissioner and the Commissioner of the Police Service to determine the
form of the entity's register.
The register is to be kept in a way that enables police officers of the entity
to comply with the information disclosure requirements under the Act.
However, the entity may also keep the register in a way that prevents
officers of another entity inspecting all or part of the register.
Information contained in this register of enforcement acts is not of a
covert nature and so is to be available for inspection by all police officers of
the relevant entity.
It is expected that the register of enforcement acts kept by the QPS will
generally be available for inspection by police officers of the CJC, the QCC
and the NCA.
Who must record information in register
Clause 349 requires a police officer, who does an enforcement act, to
cause the prescribed information to be recorded in the register of
enforcement acts. If 2 or more police officers are doing that enforcement
act, the requirement is imposed on the senior police officer involved.
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The section requires the information to be recorded as soon as reasonably
practicable after the act is done or the information becomes available. Some
of the information to be included in the register, for example, information
about any proceedings started because of evidence obtained from exercising
powers relating to a search warrant, may not be available until long after the
search is done.
Which register to be used
Clause 350 specifies when the information is to be recorded in the register
kept by the CJC, QCC and the QPS. However, if an enforcement act is
done as part of a joint operation the information may be included in 1 or
more entities register.
The section also provides for circumstances when the enforcement act is
done for other declared law enforcement agencies, for example, the
execution of a search warrant issued under the Criminal Investigation
(Extra--Territorial Offences) Act 1985.
Persons to be given copy of information in register
Clause 351 replaces section 117 of the PPRA 1997 (omitted by clause 13
of the Bill) and extends its application to a register of enforcement acts kept
by the CJC and QCC.
A person, to whom an enforcement act is done, may obtain a copy or
print--out of the information relating to the act. However, the request for
information must be made within 3 years of the enforcement act. This
allows the information to be removed from the computer database and
archived after 3 years.
The time limitation does not prevent a person later obtaining a copy of the
information under the Freedom of Information Act 1992.
Restriction on disclosure of certain information
Clause 352 allows the Chief Executive Officer of an entity to direct that
information in the register not be generally available in certain
circumstances. For example, if making the information available may
hinder an investigation or cause embarrassment to the person to whom the
information relates.
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A person who would be entitled to a copy or print--out of the
information in the register may apply to the chief executive officer of the
entity for the information within 3 years of the enforcement act being done.
The information must be supplied.
Division 4 -- Provisions about covert acts and enforcement acts done for
the NCA
Application of div 4
Clause 353 provides the division applies only to covert acts and
enforcement acts done by a police officer performing a function for the
NCA. Application of the part depends on whether or not the officer is
performing a function for the NCA and not on whether the officer is a
member of the staff of the NCA.
The NCA is a Commonwealth body that is created and regulated by the
National Crime Authority Act 1984 (Cth) (the NCA Act). A concern has
been raised about whether State legislation can validly impose requirements
on the NCA or on a police officer who is a member of the staff of the NCA.
An opinion provided by the Crown Solicitor confirms that a requirement
for the NCA to keep a register is likely to be inconsistent with the NCA Act
and therefore invalid under section 109 of the Constitution of the
Commonwealth.
The Crown Solicitor was also of the opinion that some proposed
requirements were likely to be in direct conflict with the secrecy provisions
under section 51 of the NCA Act and therefore also invalid under section
109 of the Constitution of the Commonwealth.
Consequently, division 4 only imposes a requirement on a police officer,
who performs a function for the NCA, to give the relevant information
about the act to the NCA.
Information to be given to NCA
Clause 354 requires a police officer who does a covert act or an
enforcement act for the NCA, to give the NCA information that would have
otherwise been recorded in a register under this part.
The NCA can require the information be recorded in another entity's
register.
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Division 5 -- General provisions
Correcting registers
Clause 355 allows the information recorded in one entity's register to be
relocated to another entities register if that is more appropriate.
The section also provides that recording the information in one entity's
register when it should have been recorded in another entity's register does
not itself invalidate the act or anything done following the act.
PART 3 -- OFFENCES
Offence to assault or obstruct police officer
Clause 356 provides for the offence of obstructing a police officer in the
performance of the officer's duties and includes provision that a person who
obstructs a police dog or police horse is taken to obstruct the police officer
controlling the dog or horse.
Offence to contravene requirement or direction of police officer
Clause 357 provides an offence for a person to contravene a requirement
or direction given by a police officer under this Bill without a reasonable
excuse.
CHAPTER 11 -- GENERAL
Performance of duty
Clause 358 indicates a police officer performing a function is performing
a duty of a police officer even if the function could be performed by
someone other than a police officer.
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Assistance at fire or chemical incidents
Clause 359 imposes a duty on a police officer to assist a fire officer,
where reasonable, at the scene of a fire or chemical incident.
Assistance to courts, etc.
Clause 360 provides the responsibility of a police officer to comply with a
lawful direction, request or order of a tribunal and any request the judge or
other presiding officer may make under that Act. This applies if the tribunal
has the power to issue a warrant of apprehension of a person, to lawfully
order the detention of a person or to order the exclusion or removal of a
person from the place where the tribunal is held. The clause provides a
definition of tribunal.
Service and enforcement of process
Clause 361 provides any police officer may serve or enforce a warrant,
summons, order or command of any court, judge, magistrate or justice.
Provision restricting starting of proceeding
Clause 362 provides the authority for a police officer to commence
proceedings against a person for an offence under another Act even though
that Act restricts the police officer commencing proceedings. The
proceedings may be commenced is the Act is prescribed under a regulation
allowing police to commence proceedings. The police officer must inform
the chief executive of the department by which the Act is administered of the
proceedings being commenced as soon as reasonably practicable.
Obtaining warrants, orders and authorities, etc., by telephone or
similar facility
Clause 363 is a machinery clause which allows a police officer to obtain a
warrant, order, etc., by telephone, radio, facsimile, etc. where it is not
practicable for the police officer to make application for the document in
person.
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Police Powers and Responsibilities
Steps after issue of prescribed authority
Clause 364 provides the procedures to be followed by the issuer
mentioned in clause 361 and the police officer after the issuing of the
prescribed authority.
Presumption about exercise of powers under prescribed authority
Clause 365 provides the court may presume the exercise of the power
performed by a police officer was not authorised by a prescribed authority if
a question arises in a proceeding in or before a court as to whether or not the
power was authorised by the prescribed authority and the authority is not
produced to the court.
Protection of methodologies
Clause 366 identifies those matters which a court should take into account
in considering public interest immunity and crown privilege.
Subclause(1) provides for a police officer to refuse to disclosure
information mentioned in subclause (2) in a proceedings for an offence
unless the court is satisfied that the disclosure is--
(a) necessary for the fair trial of the offender; or
(b) necessary to find out whether the scope of law enforcement
investigation has exceeded the limits imposed by law; or
(c) otherwise necessary in the public interest.
Subclause (2) provides the information for subclause(1) is information
that could, if disclosed, reasonably be expected to--
(a) prejudice an investigation of a contravention or possible
contravention of the law; or
Example--
Where the disclosure would alert suspects to an ongoing covert investigation such as
drug dealing.
(b) enable the existence or identity of a confidential source of
information, in relation to the enforcement or administration of the
law, to be ascertained; or
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Police Powers and Responsibilities
Examples--
1. Where the name of an informant may be revealed.
2. Where an informant may be identified because information was revealed to
the informant by the offender either alone or in the presence of a very limited
number of the offender's associates.
(c) endanger a person's life or physical safety; or
Examples--
1. Where the information would lead to the identification of an informant and
place the informant in physical danger through retribution.
2. Where the information would disclose the location of a safe house where a
witness whose life may be in danger from the offender is kept.
3. Where the information may lead to an offender or his or her associates
learning the true home address of an undercover police officer or his or her
family and therefore place that officer or his or her family in danger.
(d) prejudice the effectiveness of a lawful method or procedure for
preventing, detecting, investigating or dealing with a contravention or
possible contravention of the law; or
Examples--
1. Where the frequency at which a listening device broadcasts a conversation is
revealed.
2. Where the information reveals the location on a car of secret vehicle
identification numbers placed there by the manufacturer to assist in the
identification of stolen cars.
3. Where the information would reveal the procedures adopting in conducting
covert surveillance activities.
(e) prejudice the maintenance or enforcement of a lawful method or
procedure for protecting public safety; or
Examples--
1. Where the information is likely to reveal specific security methods which are
used at major events.
2. Where the information is likely to reveal the methods used to identify or
dismantle an explosive device.
(f) facilitate a person's escape from lawful custody.
Examples--
1. Where the information is likely to reveal the strength of staff at a
watchhouse or watchhouse procedures used to prevent escape.
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Police Powers and Responsibilities
2. Where the information reveals the times and dates that prisoners are to be
transferred from one place to another and the methods to be used in the
transfer.
3. Where the information reveals special measures which are put in place to
protect security in a court during a proceeding.
Compensation
Clause 367 allows a person who is not complicit in an offence to claim
compensation arising from damages caused to the person's property due to
an action of a police officer exercising a power under this Bill or any other
Act. An application for compensation may be made to the Minister and if
accepted the applicant can be compensated for loss without the matter
needing to go to court.
Compensation is not payable to a person who is found guilty of an
indictable offence because of the exercise of the powers, nor is
compensation payable for the lawful seizure of a thing under this Bill.
Availability of Act
Clause 368 requires the commissioner to have a copy of the Act available
at every police station and establishment for inspection by anyone who asks
for it. The copy may be electronic.
Approved forms
Clause 369 provides that the commissioner may approve forms for use
under the Bill.
Example--
The design of a notice to appear.
Review of Act
Clause 370 provides that the Minister must ensure that the operation of
the Bill is regularly reviewed. The first review must start no sooner than 6
months after the commencement of the Act and be completed within 3
years.
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Police Powers and Responsibilities
Regulation making power
Clause 371 provides that the Governor in Council may make regulations
not inconsistent with this Bill. A regulation may include the Responsibilities
Code. However, an instructional guideline does not form part of a
regulation.
Example--
An instructional guideline may suggests ways of defining the perimeter of a crime
scene such as placing tape around the scene or parking a vehicle across the entrance
to a place.
CHAPTER 12 -- REPEALS, AMENDMENTS AND
TRANSITIONAL PROVISIONS
PART 1 -- ACTS REPEALED AND AMENDED
Acts repealed
Clause 372 provides for the repeal of--
1. Gaming Act 1850 (NSW) as it applies in Queensland.
2. the Criminal Investigation (Extraterritorial Offences) Act 1985.
3. the Police Powers and Responsibilities Act 1997.
Acts amended
Clause 373 provides for relevant Acts in Schedules 2 and 3 to be
amended.
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Police Powers and Responsibilities
PART 2 -- TRANSITIONAL PROVISIONS
Division 1 -- Transitional provisions commencing on date of assent
Definition for Div 1
Clause 374 indicates the Police Powers and Responsibilities Act 1997 is
referred to as the 1997 Act.
Continued operation of 1997 Act, s 8(3) and (4)
Clause 375 provides a machinery section for the continued operation of
1997 Act, s 8.
Continued operation of 1997 Act, s 136
Clause 376 provides a machinery section for the continued operation of
1997 Act, s 136.
Expiry of division
Clause 377 provides a machinery provision for this division.
Division 2 -- Transitional provisions commencing at a later date
Definitions for Div 2
Clause 378 provides the definitions of amended Act and repealed Act for
Part 2
Transitional provision about change in way powers may be exercised
Clause 379 excuses a police officer from exercising powers that existed
prior to the Proclamation of the Bill for a period of 7 days. By way of
example, the clause allows for errors which may be made due to the fact that
an officer may have been absent from duty at the time of Proclamation and
unaware of the Proclamation.
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Transitional provisions about warrants, orders and notices
Clause 380 applies if a warrant, notice or order under a provision of an
amended Act that is repealed by this Act or under a repealed Act is in force
immediately before the amendment or repeal of the relevant Act. A warrant,
notice or order continues to have effect until it expires and the provisions of
the Bill apply to anything done under the warrant, order or notice after this
clause commences.
Transitional provision about noise abatement
Clause 381 provides for the enforcement of noise abatement directions
given under the Environmental Protection Act 1994.
Transitional provision about nuisance in moveable dwelling parks
Clause 382 provides for the enforcement of nuisance directions given
under the Residential Tencancies Act 1994.
Transitional provisions about registers of covert and enforcement acts
Clause 383 provides that a register of covert acts or enforcement acts kept
under a repealed Act are taken to be a register of those Acts for the Bill.
This clause also applies to a register kept under a repealed Act by the
commissioner, the CJC or the QCC.
Transitional provision about entries in registers
Clause 384 provides that a failure, before the commencement of this
section, to keep or record information in the way required by the Bill before
the commencement does not and never did affect anything done in relation
to the act concerned before or after the failure.
Transitional provision about public interest monitor
Clause 385 provides for the continued appointment of a monitor or acting
monitor.
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Police Powers and Responsibilities
PART 3--AMENDMENT OF CRIME COMMISSION
ACT 1997
This part amends the Crime Commission Act 1997 to ensure continued
consistency with police powers and responsibilities under the Bill.
Schedule 1
Acts not affected by this Act
This schedule contains a list of preserved provisions that are not affected
by the Bill.
Schedule 2
Acts amended on assent
Schedule 2 amends Acts that contain police powers and responsibilities.
The amendments in schedule 2 commence on assent as the powers and
responsibilities contained in these Acts are already provided under the PPRA
1997.
AGRICULTURAL CHEMICALS DISTRIBUTION
CONTROL ACT 1966
Section 34(1)(d)
The amendment removes the reference to assistance by police officers as
police officers may assist public officials under the Bill.
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AUCTIONEERS AND AGENTS ACT 1971
Section 51(a)
The amendment removes the reference to police officer as police officers
have sufficient powers under the Bill to require the production of a licence
required under the Auctioneers and Agents Act 1971.
Section 58(2)
The amendment removes the reference to a police officer as there are
sufficient powers under the Bill to require the production of registers for
inspection.
Section 67(a)
The amendment removes the reference to a police officer as there are
sufficient powers under the Bill to require the production of a licence
required under the Auctioneers and Agents Act 1971.
BANANA INDUSTRY PROTECTION ACT 1989
Section 21(1)(h)
The amendment removes the reference to a police officer. The Bill allows
for police officers to provide assistance to an authorised person if asked.
BURIALS ASSISTANCE ACT 1965
Section 5(2)
The amendment omits a regulation making power with respect to the
duties of police officers. A regulation may be made under the Police Service
Administration Act 1990 or the Bill with respect to any duties that need to be
imposed on police officers.
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Police Powers and Responsibilities
COMMISSIONS OF INQUIRY ACT 1951
The amendments are consequential to other amendments to the Invasion
of Privacy Act 1971. The effect of the section is unchanged.
COMMUNITY SERVICES (ABORIGINES) ACT 1984
Section 45B(1)(a)
The amendment removes the reference to a police officer. The Bill
provides a power for a police officer to assist authorised officers.
COMMUNITY SERVICES (TORRES STRAIT) ACT
1984
Section 43B(1)(a)
The amendment removes the reference to a police officer. The Bill
provides a power for a police officer to assist authorised officers.
COOPERATIVES ACT 1997
Sections 395(11) and 407
The Bill omits section 395(11) and section 407 as the Bill provides power
for police officers to assist inspectors if asked.
CRIMINAL CODE
Section 1, definition "police officer"
The definition is omitted as police officer is defined in the Acts
Interpretation Act 1954.
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Police Powers and Responsibilities
Section 137, after `wilfully'
The amendment inserts the words `and without lawful excuse' to
recognise that police officers may lawfully delay taking an arrested person
before a court, for example, when questioning the arrested person or where
investigative procedures are necessary.
Sections 256 and 259
Section 256 is omitted as the Bill allows a police officer to use force
reasonably necessary to prevent escape from lawful custody. Section 259 is
omitted as powers and responsibilities for searches and examinations of
persons in custody is provided under the Bill. The Bill provides safeguards
relating to protecting a person's dignity during a search of the person.
Section 255(1)
The section is amended to provide that a person executing any process or
warrant should have it with them if reasonably practicable. The amendment
recognises that warrants are generally held centrally or electronically to avoid
the risk of arrest warrants being executed twice. It may not be possible for a
police officer to physically have the warrant when arresting a person.
Section 260(2)
Subsection (2) is omitted as a power of a police officer to take steps
reasonably necessary to prevent a breach of the peace exists in the Bill.
Section 262
The amendment omits the reference to a police officer in the heading and
the section as these powers for police officers are contained in the Bill.
Sections 679 and 680A
Section 679 is omitted as search warrant powers and procedures are
provided with respect to "evidence of the commission of an offence" under
the Bill.
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Police Powers and Responsibilities
Section 685B(1)
The reference to police officer is omitted as a similar authority is provided
under the Bill.
CULTURAL RECORD (LANDSCAPES QUEENSLAND
AND QUEENSLAND ESTATE) ACT 1987
Section 51
This section is omitted as the Bill provides the power for a police officer
to assist a protector if asked.
DISEASES IN TIMBER ACT 1975
Section 6(1)(h)
This paragraph is omitted as the Bill allows police officers to provide
assistance to a forest officer if asked.
Section 6(1)(i)
The amendment renumbers the paragraph as (h).
DRUGS MISUSE ACT 1986
Part 3
The amendment omits this part as the powers and duties contained in the
part are adequately provided for in the Bill.
Part 4
The amendment omits this part as the powers and duties contained in this
part are adequately provided for in the Bill.
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Police Powers and Responsibilities
Section 43A, definition "authorised officer"
The amendment removes the reference to police officer from the
definition of "authorised officer" as police officers have sufficient powers
under the Bill.
Section 43H(1)
The amendment removes the reference to police officers in uniform.
Police officers will no longer be authorised officers under the part.
Section 43Q(2)
This subsection is omitted as an offence for obstructing a police officer is
provided for in the Bill.
Section 53
This section is omitted as the powers to use assistance and the use of
force when exercising powers is provided for in the Bill.
EXOTIC DISEASES IN ANIMALS ACT 1981
Section 12(2A)
This section is amended by removing the reference to a police officer.
The Bill allows police officers to provide assistance to an inspector if asked.
Section 20(1)(k)
This section is amended by removing the reference to a police officer.
The Bill allows police officers to provide assistance to an inspector if asked.
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Police Powers and Responsibilities
FISHERIES ACT 1994
Section 144(1)
Subsection (1) is amended to state the section does not apply to a police
officer. The Bill provides similar requirements in relation to police officers
producing identification.
Section 144(2)(a)
This amendment is a consequence to amendment 1.
FOOD ACT 1981
Section 28(1)(d), from `officer's aid'
The reference to police officer is omitted as the Bill allows for police
officers to assist authorised officers if required.
Section 28A
This section is omitted as the power of a police officer to demand name
and address is provided for in the Bill. Also, the power of arrest for police
officers is provided in the Bill.
FORESTRY ACT 1959
Section 18(1)(a)
This paragraph is omitted as the power for a police officer to assist a
public official when asked is provided for in the Bill.
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Police Powers and Responsibilities
GAMING MACHINE ACT 1991
Section 34(1)(a)
This paragraph is omitted as the power for a police officer to assist a
public official when asked is provided for in the Bill.
Section 181(3)(i)
This paragraph is omitted as the power for a police officer to assist a
public official when asked is provided for in the Bill.
Section 202
This section is omitted as the power to take fingerprints etc. is provided in
the Bill.
GRAIN INDUSTRY (RESTRUCTURING) ACT 1991
Section 3, definition "inspector"
The definition is amended by removing the reference to a police officer.
Police officers have sufficient powers under the Bill.
Section 39(2)
The amendment omits the reference to police officers.
Section 43(1)
The amendment omits the reference to police officers.
HEALTH ACT 1937
Section 131A
This section is omitted as search warrants and related powers are
provided for in the Bill.
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Police Powers and Responsibilities
Section 168
This section is omitted as a power for a police officer to demand a
person's name and address and the offence for failing to state name and
address are provided for in the Bill.
Section 168A
This section is omitted as search warrants and related powers are
provided for in the Bill. Some aspects of this section would also be covered
under the Child Protection Act 1999.
INTEGRATED RESORT DEVELOPMENT ACT 1987
Section 98
The Bill omits the reference to police officer as the powers conferred by
the section may be subject to the inconsistency provision in the Bill.
Section 98A, new section--"Primary and secondary thoroughfares are
public places for certain purposes"
The Bill inserts a new provision declaring a primary thoroughfare or
secondary thoroughfare to be a public place for a police officer exercising
powers or performing functions. The new section maintains the effect of
section 98.
JURY ACT 1995
Section 12
This section is replaced to remove the duty applying to a police officer
and instead refer to the Sheriff or Electoral Commission making
arrangements with the commissioner for assistance.
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Police Powers and Responsibilities
JUSTICES ACT 1886
Section 35
The amendment omits the reference to police officer as duties with
respect to arrested persons is covered under the Bill.
Section 61
This section is omitted. A similar authority under s 3.5 of the Police
Service Administration Act is also to be consolidated into the Bill.
Section 65
This section is amended to state that the section does not apply to a police
officer as a police officers duties with respect to arrested persons is covered
under the the Bill.
LAND ACT 1994
Section 398(3)
This subsection is amended to state the section does not apply to a police
officer. This is because the requirement for police officers to produce
identification when exercising powers is provided for in the Bill.
LAND TAX ACT 1915
Section 4AB
This section is omitted as the investigation and enforcement provisions
are rarely used. Also, the assistance provisions in the Bill are sufficient.
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Police Powers and Responsibilities
LIQUID FUEL SUPPLY ACT 1984
Section 5, definition "authorised person",
The Bill omits the reference to police officer from the definition of
authorised person, as police officers will have sufficient powers under the
Bill to assist authorised persons.
MEDICAL AND OTHER ACTS (ADMINISTRATION)
ACT 1966
Section 14(1)(c)
The reference to police officer is omitted as the power for a police officer
to provide assistance to an inspector is provided under the Bill.
METROPOLITAN WATER SUPPLY AND SEWERAGE
ACT 1909
Section 135--
This section is omitted as police officers have powers to demand a
person's name and address under the Bill.
MINERAL RESOURCES ACT 1989
Section 342(1)(j)(ii), 343(14) and 400(2)
The reference to police officer in these sections is omitted as the Bill
provides police officers with the power to assist public officials if requested
Section 401
The Bill omits the reference to police officer, as provisions relating to a
police officer's liability are included in the Police Service Administration Act
1990.
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Police Powers and Responsibilities
Section 402(2), from `officer duly'
The reference to police officer in this section is omitted as the Bill
provides police officers with the power to assist public officials if requested
Section 404(a)
The amendment removes the reference to police officer as the offence of
assaulting or obstructing a police officer is provided under the Bill.
MIXED USE DEVELOPMENT ACT 1993
Section 165(4)(c)
The amendment omits the reference to police officer in paragraph (c) of
the definition of authorised person as a definition of this type will otherwise
be subject to the Bill.
Section 165A, new section--"Community property and precinct
property is public place for certain purposes"
The new section maintains the effect of section 165 by declaring that
community and precinct property is deemed to be a public place for the
purposes of any law conferring powers or imposing functions on police
officers.
PASTORAL WORKERS' ACCOMMODATION ACT
1980
Section 23(b)
The amendment omits the reference to police officer. The power for a
police officer to assist an inspector when asked is provided for in the Bill.
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Police Powers and Responsibilities
PLANT PROTECTION ACT 1989
Section 19(1)(l)
The amendment omits the reference to police officer. The power for a
police officer to assist an inspector when asked is provided for in the Bill.
PRIVATE EMPLOYMENT AGENCIES ACT 1983
Section 9(1)(g)
The amendment omits the reference to police officer. The power for a
police officer to assist an inspector when asked is provided for in the Bill.
PROFITEERING PREVENTION ACT 1948
Section 55(3)
The amendment omits the reference to police officer. The power for a
police officer to assist an authorised officer when asked is provided for in
the Bill.
Section 58
The amendment omits the reference to police officer. The power for a
police officer to assist an authorised officer when asked is provided for in
the Bill.
PROSTITUTION ACT 1999
Schedule 3, amendments to Police Powers and Responsibilities Act 1997
The amendment omits amendments to the PPRA 1997 in schedule 3 of
that Act as these amendments have been incorporated into the the Bill.
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Police Powers and Responsibilities
QUEENSLAND LAW SOCIETY ACT 1952
Section 11A
This section is amended by inserting a further provision requiring the
order to state the powers the assisting police officers may exercise under the
order and requiring the person executing the order to explain the order to
assisting police officers, in a similar way that public officials receiving
assistance are required to explain their power in accordance with the Bill.
RACING AND BETTING ACT 1982
Section 9
This section is omitted as the general powers function and duties of police
officers is provided for in the Bill.
Section 154(2)
The reference to a police officer is omitted as police officers may provide
assistance under the Bill.
Section 229
The reference to a police officer in this section is omitted as similar
offences with respect to police officers exist under the Bill.
Sections 231, 232A and 234
Section 231 is omitted as the power relating to the entry and search of
places with warrants is provided for in the Bill.
Section 232A is omitted as police officers may now release an arrested
person after serving a notice to appear, instead of granting bail.
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Police Powers and Responsibilities
Section 234 is omitted as powers relating to the searching of persons are
provided for in the Bill.
Section 257(2)(a), from `betting inspectors'-- 5
The reference to a police officer in paragraph (a) is omitted as a regulation
with respect to the duties of police officers may be made under the Police
Service Administration Act 1990.
SANCTUARY COVE RESORT ACT 1985
Section 54
The Bill omits the reference to police officer as the powers conferred by
the section may be subject to the inconsistency provision in the Bill.
Section 54A, new section--"Primary and secondary thoroughfares are
public places for certain purposes"
The Bill inserts a new provision declaring a primary thoroughfare or
secondary thoroughfare to be a public place for a police officer exercising
powers or performing functions. The new section maintains the effect of
section 54.
STAMP ACT 1894
Section 29(7)
This subsection is omitted as the investigation and enforcement
provisions are rarely used and because the police assistance provisions in the
Bill are sufficient.
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Police Powers and Responsibilities
STOCK ACT 1915
Section 24(1),
The Bill amends this section to remove the reference to police officer.
Section 29(1)(r)
The Bill amends paragraph (r) by removing the reference to police officer.
The Bill allows police officers to provide assistance to an inspector if asked.
Section 37(3)
The Bill omits the reference to police officer in this section as the power
for a police officer to seize evidence generally is provided for in the Bill
TRADING (ALLOWABLE HOURS) ACT 1990
Section 8(1)(b)
The Bill omits this paragraph as the power for a police officer to assist an
industrial inspector when asked is provided for in the Bill.
Section 8(1)(b)
The Bill omits this paragraph as the power for a police officer to assist an
industrial inspector when asked is provided for in he Bill.
TRAVEL AGENTS ACT 1988
Section 6, definition "authorised officer", paragraph (c)
The Bill omits the reference to police officer in paragraph (c) of the
definition of authorised officer, as the power to investigate offences is
contained in he Bill.
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Police Powers and Responsibilities
VAGRANTS, GAMING AND OTHER OFFENCES ACT
1931
Section 2, definition "Gaming Acts"
The Bill amends the definition to update the references in the definition.
For example, the Gaming Act of 1850 (NSW) will, as a result of this Bill,
no longer apply in Queensland.
Section 6
The Bill omits subsection (1), as adequate powers to seize things are
provided under the Bill. The Bill updates the language used in subsection
(2)
Section 7A(2) to (4A)
The Bill omits these subsections, as adequate search warrant powers are
provided under the Bill.
Section 11, 23, 24, and 26
The Bill omits section 11, as powers to enter places to arrest a person for
an offence is provided under the Bill
The Bill omits section 23, as powers to enter vehicles and arrest persons
is provided under the Bill.
The Bill omits section 24, as powers to search persons and vessels
without a warrant is provided under the Bil
The Bill omits section 26, as search warrant powers are provided under
tthe Bill.
Section 14(2)
The amendment redrafts the subsection to update the drafting style and to
remove the reference to the non--existent rank of sub--inspector of police.
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Police Powers and Responsibilities
Section 14(3)
The amendment updates the language used in the subsection.
Section 15
The Bill omits this section, as search warrants and associated powers of
police officers are provided under the Bill.
Section 16
The Bill omits this section, as the power for a police officer to seize
evidence generally is provided under the Bill. The authority provided in
subsection (4) is consolidated into the the Bill.
Section 21
The Bill omits subsection (1) as search warrants and associated powers of
police officers is provided under the the Bill. Offences related to gaming are
adequately dealt with elsewhere
Section 21A
The Bill omits subsection (1) as search warrants and associated powers of
police officers are provided for in the Bill. The Bill restructures the section
to account for the omission
Section 23
The Bill omits this section, as powers to enter vehicles and arrest persons
is provided under the Bill
Section 24
The Bill omits this section, as the power to search persons and vessels
without a warrant is provided under the Bill.
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Police Powers and Responsibilities
Section 26
The Bill omits this section, as search warrant powers are provided under
thethe Bill.
Section 31
The Bill omits subsection (1) and (1A) and the provisions associated
heading, as a similar provisions exist under the Racing and Betting Act
1980. An equivalent search power will be provided under the Bill with
respect to offences under the Racing and Betting Act.
Section 34(2)
The Bill omits subsection (2). The power of arrest for a police officer is
provided under the Bill. A specific arrest power for railway employees to be
unnecessary
Section 36
The Bill omits this section, as the statutes that define "institution" no
longer exist.
Section 37B(4)
The Bill omits the reference to police officer, as the offence of obstructing
a police officer is provided under the Bill.
Section 47
The Bill omits subsection (1) and its related heading as this issue is
addressed by the Acts Interpretation Act.
Section 55(e)
The Bill amends this section to remove the reference to making the arrest
and insert the term "starting the proceeding", to recognise that prosecutions
are now more often started without an arrest.
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Police Powers and Responsibilities
WORKERS' ACCOMMODATION ACT 1952
Section 8(1)(b)
The Bill omits this paragraph as the power for a police officer to assist an
industrial inspector when asked is provided for in the Bill.
Section 9(b)
The Bill omits the reference to police officer as the power for a police
officer to assist an inspector when asked is provided under the Bill.
Schedule 3
Acts amended after assent
Schedule 3 amends Acts that contain police powers and responsibilities.
The amendments in schedule 3 will commence at various dates after assent
as the powers and responsibilities contained in these Acts are not generally
provided under the PPRA 1997.
AMBULANCE SERVICE ACT 1991
Section 46(2) and (3)
The Bill amends subsection (2) as power of arrest for a police officer is
provided under the Bill. The authority under subsection (2) to give a person
a direction is consolidated into the prevention of offences powers under the
Bill.
ANIMALS PROTECTION ACT 1925
Section 3, definition "officer"
The Bill redrafts the definition of "officer" and includes a footnote with a
reference to the Bill.
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Police Powers and Responsibilities
Section 10
The Bill omits section 10 as the power of arrest for an offence is provided
under Bill.
Section 11
The Bill amends the section so it does not apply to police officers as
police officers will have sufficient powers under the Bill.
Section 15A(2)
The Bill omits section 15A(2) as the power of a police officer to demand
name and address and to arrest is provided under the Bill.
AUCTIONEERS AND AGENTS ACT 1971
Section 59(1)
The Bill amends subsection (1) to remove the reference to police officer
as police officers will have sufficient powers under the Bill.
Section 59(2)
The Bill amends subsection (2) to remove the reference to a police officer
as the offence of obstructing a police officer is provided for under the Bill.
BAIL ACT 1980
Section 6, definition "precincts"
This definition is omitted as it is only used in section 29, which is also
being omitted.
Section 6
The Bill inserts a new definition, watch--house manager.
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Police Powers and Responsibilities
Section 7
The Bill amends this section to ensure consistency with the terminology
and drafting style of the Bill. Further, the section recognises the power to
detain persons under the Bill for investigations and questioning.
The new section will also allow a person arrested on a warrant for failing
to appear in response to a notice to appear, to be released on an undertaking
if that is appropriate in the circumstance. For example, the person may
satisfy a watchhouse manager that the person was unable to attend court
under a notice to appear because the person was in hospital following a car
accident.
Section 14
The Bill amends this section to ensure consistency with the terminology
and drafting style of the Bill.
Section 28A(1)(a)(iii)
The Bill amends reference to section 7, as a consequence to the above
amendment to that section.
Section 29
The arrest power in this section is omitted as it is now provided under the
Bill.
Schedule, entry relating to the Gaming Act 1850 (NSW)
The Bill omits the reference this Act as it will no longer have application
in Queensland as a result of this Bill.
BRISBANE FOREST PARK ACT 1977
Section 46
The Bill omits the reference to police officer as sufficient powers are
provided under the Bill.
165
Police Powers and Responsibilities
BUILDING ACT 1975
Section 27
The Bill omits the reference to police officer as powers to assist public
officials are provided under the Bill. To remove any doubt the section now
declares an officer of a local government to be a public official under the
Bill.
CASINO CONTROL ACT 1982
Section 88(1)(i)(i)
The Bill omits the reference to police officer as the Bill provides the
power for police officers to assist an inspector.
Sections 106
The Bill omits this section, as an equivalent authority to search a person
with respect to an offence under section 103 or 104 of the Casino Control
Act is provided under the Bill.
Section 113(1) and (2)
The Bill omits section 113 as police officers have a general authority to
enter public places under the Bill. The new subsection (2) is a consequence
to this amendment.
Section 114
The Bill omits this section as the power for a police officer to demand a
person's name and address is provided under the Bill.
Section 115
The Bill omits this section as the power for a police officer to take a
person's fingerprints etc. is provided under the Bill.
166
Police Powers and Responsibilities
Section 121
The Bill omits this section as all arrest powers are omitted from and Act.
Nothing in the Bill prevents a police officer starting a proceeding by
complaint and summons under the Justices Act 1886.
Section 124(1)
The Bill redrafts this section as a consequence to section 106 of the Act
being omitted.
CLASSIFICATION OF COMPUTER GAMES AND
IMAGES ACT 1995
Section 33(1)
The Bill amends this section so it has no application to an inspector who
is a police officer. The Bill imposes similar requirements on police officers
with respect to the production of identification.
Section 47(7)
The Bill omits this subsection as the power for a police officer to assist an
inspector is provided under the Bill.
Section 48
The Bill omits this section as the steps that a police officer must take in
circumstances where a person has failed to give a public official their name
and address, and an arrest power is provided under the Bill.
Section 51
The Bill amends this section as the power for a police officer to assist an
inspector is provided under the Bill.
167
Police Powers and Responsibilities
Section 52
The Bill omits this section as the steps that a police officer must take in
circumstances where a person obstructs a public official, and an arrest power
is provided under the Bill.
CLASSIFICATION OF FILMS ACT 1991
Section 4(1)
The Bill amends this section as the reference to the agreement of the
Commissioner is unnecessary. The Bill will require all appointments of
police officers as public officials be approved by the Commissioner.
CLASSIFICATION OF PUBLICATIONS ACT 1991
Section 5(1)
The Bill amends this section as the reference to the agreement of the
Commissioner is unnecessary. The Bill will require all appointments of
police officers as public officials to be approved by the Commissioner.
COLLECTIONS ACT 1966
Section 25
The Bill omits the reference to police officer in subsections (2), (3)(g) and
(3)(i), as the Bill provides power for police officers to assist public officials
if asked, to exercise powers under the Act.
Also, police officers have powers under the search warrant provisions
under the Bill, to enable the production of stated documents to a police
officer.
Section 26(5)
The Bill omits subsection (5) as police officers have similar powers under
the Bill, if the Act is declared by regulation to be a "relevant Act".
168
Police Powers and Responsibilities
Section 26A
The Bill omits the reference to police officer in this section as police
officers have a power to obtain search warrants in respect to any offence
under the Bill.
Section 27(2) and 28
The Bill omits the reference to police officer in section 27 as police
officers will have sufficient general powers to investigate offences under the
Bill. The appointment power under section 27 is very broad. The amended
section does not prevent a police officer being appointed as an inspector with
the approval of the Commissioner.
The Bill omits the reference to police officer in section 28 as the Bill
imposes requirements and responsibilities on police officers when dealing
with seized property.
Section 30(2)
The Bill omits the reference to police officer in this section as police
officers are generally not involved in these matters.
Section 37(1)(b) and (g)
The Bill omits the reference to police officer in this section as it is
consequential to other amendments proposed. Offences for assaulting or
obstructing a police officer are provided under the Bill.
Section 39B
The Bill omits this section as the Bill allows a police officer to require a
person to provide their name and address for the administration or
enforcement of an Act prescribed under a regulation. It is intended to
include the as a Act under the regulation. Also, arrest powers are provided
under the Bill when a person contravenes the requirement.
169
Police Powers and Responsibilities
Section 43(1)(a) and (b)
The Bill omits the reference to police officer in this section as a
consequence to other amendments relating to the appointment of police
officers.
Section 47(3)(zn)
The Bill omits the reference to police officer in this section as regulations
about the powers or functions of police officers should as far as practicable
be made under the Bill.
CORRECTIVE SERVICES ACT 1988
Section 10, definition "police gaol", "watch-house manager"
The Bill replaces the term "police gaol" with "watch-house".
Consequently, this definition is omitted.
The Bill inserts a new definition of "watch-house manager" as a
consequence to later amendments to the Act.
Section 32(2), (3), (4), (5) and 33(3)
The Bill replaces the use of the term "police gaol" with the more
commonly identified term "watch-house".
Section 63(5)
The Bill replaces the phrase "or in a police gaol", with the phrase "or
delivered into the custody of a watch-house manager", to ensure consistency
with the language used in the Bill with respect to a police officer's duties
after arrest.
Section 74(2)
The Bill amends the section for the same reasons stated with respect to
the amendment to sections 32 & 33.
170
Police Powers and Responsibilities
Section 85(1), from `discharged,' to `written application'
The Bill amends the section to remove the authority of a police officer
arrest without warrant a prisoner who is discharged by error. The Bill
provides police officers with a without warrant arrest power in these
circumstances.
Section 85(5)
The Bill amends the section for the same reasons stated with respect to
the amendment to section 63.
Section 86(10)
The Bill amends the section for the same reasons stated with respect to
the amendment to section 63.
Section 94
The Bill amends the section to remove the authority of a police officer
arrest without warrant a prisoner who has escaped, is unlawfully at large etc.
The Bill provides police officers with a without warrant arrest power in these
circumstances.
Also, the Bill amends the section for the same reasons stated with respect
to the amendment to section 63.
Section 95(2)
The Bill amends the section for the same reasons stated with respect to
the amendment to sections 32 & 33.
Section 104(7)
The Bill omits the reference to police officer, as the authority to give
directions in circumstances where the security of prisoner may be threatened
has been consolidated into the Bill under the prevention of offences
authority. Police officers will not be excluded from acting under the section
as police officers would be a "person having custody or control of a
prisoner".
171
Police Powers and Responsibilities
Section 107
The Bill omits the reference to police officer in this section, as a similar
authority for a police officer to search a person in included in the Bill.
Police officers also have powers of arrest under the Bill.
Section 114(3)
The Bill amends the section for the same reasons stated with respect to
the amendment to sections 32 & 33.
Section 119(1)(a)
The Bill amends the section for the same reasons stated with respect to
the amendment to sections 32 & 33.
CRIMES (CONFISCATION) ACT 1989
Section 4, definitions
The Bill inserts a new definition of "monitoring order" and "search
warrant" as the authority to apply for these types of authorities have been
consolidated into the Bill.
Part 5, divisions 1, 2 and 3
The Bill omits part 5, divisions 1,2 and 3 as powers and responsibilities
with respect to production orders, searches with and without warrant, and
monitoring orders are provided under the Bill.
The Bill amends the part heading amend and omits the heading for
division 4 as a consequence of divisions 1 to 3 being omitted.
Section 90
The amendment to section 90 maintains the effect of section 72(8). The
Bill omits section 72, as it is included in part 5 division 3 of the Act.
172
Police Powers and Responsibilities
Section 92
The amendment to section 92 maintains the effect of section 72(8). The
Bill omits section 72, as it is included in part 5 division 3 of the Act.
Section 107
The Bill omits this section as the power of arrest for a police officer is
provided for under the Bill.
CRIMINAL CODE
Section 56B(2)
The Bill amends this section to omit the search powers of a police officer,
as the Bill provides the power for a police officer to search for and seize
weapons and anything the person intends to use to cause harm to someone.
Section 229M
The Bill omits this section as the Bill allows a police officer to require a
person's name and address found committing an offence, reasonably
suspected of committing an offence, or where the person's name and
address is necessary for the administration or enforcement of an Act
prescribed by regulation.
Section 258
The Bill amends section 258 to expressly state that the section does not
limit the exercise of powers by police officers under the Bill.
Section 260(3)
The Bill omits this subsection, as the authority for a police officer to
receive a person into custody who has been detained under section 260,
following a breach of the peace, is provided under the Bill.
173
Police Powers and Responsibilities
Section 450A
The Bill omits the reference to police officer, as police officers have
sufficient arrest powers under the Bill.
Section 455
The Bill omits the reference to police officer, as police officers have
sufficient arrest powers under the Bill.
Section 479
The Bill omits the reference to police officer, as police officers have
sufficient arrest powers under the Bill.
Part 8, chapter 58, new section 545A
The Bill inserts a new section at the beginning of part 8, chapter 58
(Arrest) to state the chapter, in particular the powers contained in the
chapter, does not apply to a police officer, as police officers have sufficient
arrest powers under the Bill.
Section 546(a) & (f)
The Bill omits the reference to police officer in paragraphs (a) and (f), as
police officers have sufficient arrest powers under the Bill.
Section 548(1)
The Bill omits the reference to police officer, as police officers have
sufficient arrest powers under the Bill.
Section 679B
The Bill omits the omits the section as police officers will have sufficient
powers with respect to offences involving animals under the Bill.
174
Police Powers and Responsibilities
CRIMINAL JUSTICE ACT 1989
The Bill updates the references in the Act with respect to the term
watch--house manager.
DISTRICT COURT ACT 1967
Section 47
The Bill omits the section as the duty for a police officer to assist courts
and other tribunals is provided under the Bill.
DOMESTIC VIOLENCE (FAMILY PROTECTION)
ACT 1989
Section 3
The Bill inserts a new definition of watch--house manager to update the
references in the Act.
Section 68
The Bill omits the section, as the powers for a police officer to require a
person's name and address are provided under the Bill. The Bill also
provides arrest powers for police officers if a person contravenes the
requirement without reasonable excuse.
Section 70(1) & (1A)
The Bill amends the section to make the responsibilities following the
detention of a person under the Act consistent with the responsibilities
following the arrest of a person.
175
Police Powers and Responsibilities
Section 70(2) & (3)
The Bill omits subsection (2) as this restriction is now inconsistent with
the authority of a police officer to question a person after arrest.
The omits subsection (3) as the Bill provides the authority of a police
officer to search a person detained under another Act.
Section 73
The Bill omits this section as an authority to enter a search a place where
domestic violence is occurring or has occurred before the officers arrival is
provided under the Bill. The Bill also imposes register requirements when
ever a police officer searches a premises.
Section 74(5)
The Bill omits this subsection as the powers and responsibilities relating
to a police officer using reasonable force when exercising a power under this
or any other Act is provided under the Bill.
Section 75
The Bill omits the reference to register requirements for a search of
premises and seizure of weapons under section 73 of the Act. Information
about a search of a premises or seizing of anything is recorded in a register
of enforcement acts under the Bill. The Bill also requires a police officer, if
asked, to allow the person subject of the power to inspect the register.
Section 77
The Bill omits this section as an arrest power with respect to an offence
against section 80 is provided to police officers under the Bill.
Section 79
The Bill omits this section as powers under the Weapons Act are also
being consolidated into the Bill.
176
Police Powers and Responsibilities
DRUGS MISUSE ACT 1986
Section 10(5)
The Bill omits this subsection as arrest powers for police officers are
provided under the Bill.
Section 10A(1A)
The Bill omits this subsection as arrest powers for police officers are
provided under the Bill.
Section 43P
The Bill omits this subsection as arrest powers for police officers are
provided under the Bill.
Section 52
The Bill omits this section as it is intended to allow a police officer to
destroy dangerous drugs under a regulation made under the Bill.
EDUCATION (GENERAL PROVISIONS) ACT 1989
Section 118(2)
The Bill omits the reference to police officer being permitted to start a
proceeding for an offence against the section. The authority to start a
proceeding, despite such restrictive provisions, is included in the Bill for
Acts listed in a regulation.
ENVIRONMENTAL PROTECTION ACT 1994
Chapter 4, part 3, heading
The Bill omits the reference to police officers from the part heading, as
police officers powers are removed from the Act by later amendments.
177
Police Powers and Responsibilities
Section 144
The Bill omits section 144(1)(c) as only police officers may give noise
abatement directions.
The Bill omits subsection (4) as arrest powers for police officers are
provided under the Bill.
Chapter 4, part 4
The Bill omits this part as powers for police officers to give directions
relating to excessive noise are included in the Bill.
FIRE AND RESCUE AUTHORITY ACT 1990
Section 136
The obligation imposes on the Commissioner and officers in charge of
police stations to send officers to assist at a fire or chemical incident is
omitted and inserted into the Police Service Administration Act.
The duty of a police officer to assist at a fire or chemical incident is
included in the Bill.
Section 152
The Bill omits this section as arrest powers for police officers are
provided under the Bill.
FISHERIES ACT 1994
Section 171(5)
The Bill omits this subsection as arrest powers for police officers are
provided under the Bill.
178
Police Powers and Responsibilities
Section 180
The Bill amends this section to the effect that a police officer who is an
inspector is not required under the section to give notice of damage, as a
similar notice requirement is imposed on police officers generally under the
Bill.
FUEL SUBSIDY ACT 1997
Section 128
The Bill omits this section as the powers for a police officer to assist a
public official are included under the Bill.
Section 140(5)
The Bill omits this subsection as the powers for a police officer to assist a
public official are included under the Bill.
Section 142
The Bill omits this section, as the steps a police officer may take when the
officer is called to assist a public official because a person fails to provide
their name and address to the public official, are included in the Bill.
Section 158
The Bill amends this section to remove the powers of a police officer to
assist a public official as similar powers are provided under the Bill. The
Bill amends the section to require the public official to inform the person
who is obstructing that the authorised person may ask a police officer for
assistance.
Section 159
The Bill omits this section, as the steps a police officer must take when
the officer is called to assist a public official because a person is obstructing
the public official, are included in the Bill.
179
Police Powers and Responsibilities
FOSSICKING ACT 1994
Section 91(4)(b)(ii)
The Bill amends the section to replace the reference to the Weapons Act
1990 with a reference to the Police Powers and Responsibilities Act 2000,
as the power to dispose of weapons is provided under the Bill.
GAMING MACHINE ACT 1991
Section 123, definition "authorised person"
The Bill omits police officer from the definition as powers for age related
offences are provided to police officers under the Bill.
Section 124
The Bill amends the section to omit the reference to police officer, as
powers for a police officer to seize evidence of an offence are provided
under the Bill.
Section 198
The Bill omits the section, as powers to arrest, to search an arrested
person and to seize evidence is provided to police officers under the Bill.
Section 201
The Bill omits the section, as the powers for a police officer to require a
person's name and address for the administration or enforcement of a
prescribed Act is provided under the Bill. The Bill also provides powers to
require details of a persons age in certain circumstances, and arrest powers.
The Bill requires a police officer making a name and address requirement to
state the officers details and to show identification if not in uniform.
180
Police Powers and Responsibilities
Section 207
The Bill omits the section and inserts a new provision to maintain the
effect of subsection (2). The powers provided to a police officer to start a
proceeding despite a restrictive provision are included in the Bill for
prescribed Acts. The authority to appear before a Magistrates Court for a
police officer is provided under the Police Service Administration Act 1990.
Subsection (3) is not replaced as nothing in the Bill prevents a police
officer commencing a proceeding under the Justices Act 1886, instead of by
an arrest.
HAWKERS ACT 1984
Section 6, definition "arrest", "authorised police officer", "officer in
charge of police" and "police establishment"
The Bill omits these definitions as a consequence to later amendments to
the Act.
Section 8
The Bill amends the section to remove the capacity to appoint a police
officer as an authorised officer, as police officers will have sufficient powers
for enforcing the Act under the Bill.
Section 36
The Bill omits this section, as police officers will have sufficient powers
under the Bill to require a person's name and address.
Section 38
The Bill omits this section, as police officers will have sufficient powers
under the Bill to search a person or a vehicle for stolen and unlawfully
obtained property.
181
Police Powers and Responsibilities
Section 39
The Bill omits this section, as police officers will have arrest powers
under the Bill.
Section 40
The Bill omits this section, as police officers will have powers under the
Bill to fingerprint etc. persons.
HEALTH RIGHTS COMMISSION ACT 1991
Section 24
The Bill amends the section to remove the capacity to appoint a police
officer as an authorised person, as police officers will have sufficient powers
for enforcing the Act under the Bill.
Section 112
The Bill omits the reference to police officer in uniform as police officer
will not be appointed as authorised person's.
Section 113
The Bill omits this section, as police officers will have sufficient powers
under the Bill to assist authorised persons.
INDUSTRIAL RELATIONS ACT 1999
Section 285(6 and (7)
The Bill omits these subsections, as police officers will have sufficient
powers under the Bill to arrest a person for an offence.
182
Police Powers and Responsibilities
Section 660(4)
The Bill omits this subsection, as police officers will have sufficient
powers under the Bill to assist the industrial tribunal with the exclusion of a
person interrupting etc. the tribunal's proceedings.
INVASION OF PRIVACY ACT 1971
Section 43(2)
The Bill amends this section to provide general exemption to the offence
relating to the use of a listening device, where the use of the device is under a
provision of an Act that authorises the use of a listening device. The
following other Queensland statutes (after commencement of this Bill) will
authorise the use of a listening device--
· Commission of Inquiry Act 1950;
· Crime Commission Act 1997;
· Criminal Justice Act 1989.
Currently, each of these statutes includes a provision that provides an
exemption to the offence under section 43, where use of the listening device
is authorised under the particular Act. The Bill omits such provisions
because of the amendment under this section.
Section 43(3), (4), (4A) and (5)
The Bill omits these subsections, as provisions under the Act relating to
approvals by a Judge of the Supreme Court to use a listening device, have
been replaced by authorising provisions under other Acts.
Section 45(2)(e)
The Bill amends the section as a consequence to the amendment to
section 43.
183
Police Powers and Responsibilities
Section 47
The Bill omits this section as destruction requirements are imposed by
other Acts authorising the use of listening devices.
Section 48A(7)
The Bill omits this subsection, as police officers will have sufficient
powers under the Bill to fingerprint etc. persons.
JURY ACT 1995
Section 71
The Bill omits this section, as duties of police officers to assist courts is
provided under the Bill.
JUSTICES ACT 1886
Section 34
The Bill omits this section, as duties of police officer to comply with any
lawful direction or order of a court is provided under the Bill.
Section 59(2)
The Bill amends this subsection, as provisions authorising the arrest of an
offender without warrant under the various Acts are being omitted by the
Bill. The new test for issuing an arrest warrant (warrant of the first instance)
is that proceeding by way of complaint and summons would be ineffective.
JUVENILE JUSTICE ACT 1992
Sections 10(10) and 194A(5)
The Bill omits these subsections, as arrest powers for juveniles who are
found committing or reasonably suspected of committing an offence are
provided under the Bill.
184
Police Powers and Responsibilities
KENO ACT 1996
Section 183
The Bill omits this section, as police officers will have sufficient powers
under the Bill to assist inspectors.
Section 196(5)
The Bill omits this subsection, as police officers will have sufficient
powers under the Bill to assist inspectors.
Section 198
The Bill omits this section, as the steps a police officer may take when the
officer is called to assist an inspector because a person fails to provide their
name and address to the inspector, are included in the Bill.
Section 215
The Bill amends this section to remove the powers of a police officer to
assist a public official as similar powers are provided under the Bill. The
Bill amends the section to require the public official to inform the person
who is obstructing that the authorised person may ask a police officer for
assistance.
Section 216
The Bill omits this section, as the steps a police officer may take when the
officer is called to assist an inspector because a person is obstructing the
inspector, are included in the Bill.
LIQUOR ACT 1992
Section 164
The Bill omits these subsections, as police officers have sufficient powers
under the Bill to arrest person's for offences.
185
Police Powers and Responsibilities
Section 184(1)(e)
The Bill omits this paragraph, as police officers have sufficient powers
under the Bill to arrest person's for offences.
LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT
1978
Section 26(2)
The Bill amends the section by inserting the word "shall" with "must if
practicable" to recognise it may not always be possible for a police officer to
assist with the removal of a person, due to other operational demands.
Section 67(3)
The Bill omits this subsection, as police officers will have sufficient
powers under the Bill to arrest person's for offences.
Section 82(7)
The Bill omits this subsection, as police officers will have sufficient
powers under the Bill to assist authorised officers.
Section 83
The Bill omits this section, as the steps a police officer may take when the
officer is called to assist an authorised officer because a person fails to
provide their name and address to the officer, are included in the Bill.
Section 87
The Bill amends this section to remove the powers of a police officer to
assist an authorised officer as similar powers are provided under the Bill.
The Bill amends the section to require the authorised officer to inform the
person who is obstructing that the authorised person may ask a police officer
for assistance.
186
Police Powers and Responsibilities
Section 88
The Bill omits this section, as the steps a police officer may take when the
officer is called to assist an authorised officer because a person is obstructing
the officer, are included in the Bill.
LOCAL GOVERNMENT (CHINA TOWN AND THE
VALLEY MALLS) ACT 1984
Section 41
The Bill omits this section, as police officers will have sufficient powers
under the Bill to require a person's name and address, and to arrest a person
for an offence.
Section 42
The Bill omits this section, as police officers will have sufficient powers
under the Bill to give directions to persons in the malls.
Section 43
The Bill omits this section, as police officer will have sufficient powers
under the Bill to arrest a person for an offence.
LOCAL GOVERNMENT (QUEEN STREET MALL)
ACT 1981
Section 35
The Bill omits this section, as police officers will have sufficient powers
under the Bill to require a person's name and address, and to arrest a person
for an offence.
187
Police Powers and Responsibilities
Section 36
The Bill omits this section, as police officers will have sufficient powers
under the Bill to give directions to persons in the mall.
Section 37
The Bill omits this section, as police officer will have sufficient powers
under the Bill to arrest a person for an offence.
LOCAL GOVERNMENT ACT 1993
Section 1073
The Bill omits this section, as police officers will have sufficient powers
under the Bill to require a person's name and address, and to arrest a person
for an offence.
Section 1074
The Bill omits this section, as police officers will have sufficient powers
under the Bill to give directions to persons in malls.
Section 1075
The Bill omits this section, as police officer will have sufficient powers
under the Bill to arrest a person for an offence.
LOTTERIES ACT 1997
Section 169
The Bill omits this section, as police officers will have sufficient powers
under the Bill to assist inspectors.
188
Police Powers and Responsibilities
Section 182(5)
The Bill omits this section, as police officers will have sufficient powers
under the Bill to assist inspectors.
Section 184
The Bill omits this section, as the steps a police officer may take when the
officer is called to assist an inspector because a person fails to provide their
name and address to the inspector, are included in the Bill.
Section 201
The Bill amends this section to remove the powers of a police officer to
assist an inspector as similar powers are provided under the Bill. The Bill
amends the section to require the inspector to inform the person who is
obstructing that the authorised person may ask a police officer for assistance.
Section 202
The Bill omits this section, as the steps a police officer may take when the
officer is called to assist an inspector because a person is obstructing the
inspector, are included in the Bill.
NATURE CONSERVATION ACT 1992
Section 127
The Bill amends this section to replace the declaration that every police
officer is a conservation officer, with a capacity to appoint police officer's as
conservation officers, as police officers will generally have sufficient powers
under the Bill for enforcing the Act.
Section 130(1)(a)
The Bill amends this section so that it does not apply to a police officer, as
identification requirements for police officers exercising powers as public
officials is provided under the Bill.
189
Police Powers and Responsibilities
Section 154(1)(d)
The Bill omits the reference to police officers, as police officers will have
sufficient powers under the Bill to arrest a person for an offence.
Section 170
The Bill omits this section, as police officers will have sufficient powers
under the Bill to fingerprint etc. persons.
PAWNBROKERS ACT 1984
Section 6, definition "arrest", "authorised police officer", "officer in
charge of police" and "police establishment"
The Bill omits these definitions as a consequence to later amendments to
the Act.
Section 8
The Bill amends the section to remove the capacity to appoint a police
officer as an authorised officer, as police officers will have sufficient powers
for enforcing the Act under the Bill.
Section 35(6)
The Bill omits this subsection, as police officers has sufficient powers
under the Bill to require pawnbrokers to produce documents.
Section 48
The Bill omits this section, as police officers will have sufficient powers
under the Bill to require a person's name and address, when enforcing the
Act.
Section 50(1)
The Bill omits this subsection, as police officers will have sufficient
powers under the Bill to enter pawnbrokers to monitor compliance with the
Act.
190
Police Powers and Responsibilities
Section 51
The Bill omits this section, as police officers will have sufficient powers
under the Bill to obtain a search warrant with respect to stolen or unlawfully
obtained property.
Section 53
The Bill omits this section, as police officers will have sufficient powers
under the Bill to fingerprint etc. persons.
POLICE SERVICE ADMINISTRATION ACT 1990
Section 2.3(g)
The Bill amends this section by stating the functions of the Police Service
include the provision of assistance that is reasonably sought of officers by
public officials.
Section 2.3A--new section "Presence of police officers at fire or
chemical incident"
The Bill inserts a new section that replaces section 136 of the Fire and
Rescue Authority Act.
Section 3.5
The Bill omits this section, as it has been relocated into the Bill.
Section 10.21B--new section "Local laws do not apply in relation to
police dogs or horses etc."
The Bill inserts a new section into the Act, that currently appears as
section 10.1 of the Police Service (Administration) Regulations 1990.
Including the section in the Act was considered necessary to overcome any
uncertainty where there is a conflict between subordinate legislation under
the Act and any by--laws made, as police officers will sometimes use
animals when exercising powers under the Bill.
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Police Powers and Responsibilities
Section 10.22
The Bill omits this section, as police officers will have sufficient powers
under the Bill to arrest a person for an offence and to fingerprint etc.
persons.
Section 10.24
The Bill omits this section and replaces it with a similar section to
consolidate the authorities for a police officer to appear and prosecute
matters under statutes such as the Transport Operations (Road Use
Management) Act, the Public Safety Preservation Act, the Domestic Violence
(Family Protection) Act and the Juvenile Justice Act.
PUBLIC SAFETY PRESERVATION ACT 1986
Part 3
The Bill omits this part, as police officers will have sufficient powers
under the Bill to require a person's name and address, arrest a person for an
offence, and to take a person's fingerprints etc. An offence for assaulting or
obstructing a police officer is also included in the Bill.
Section 16(4) and (5)
The Bill omits subsection (4), as section 44 of the Acts Interpretation Act
declares an offence to be a summary offence if a provision does not
expressly or impliedly make the offence an indictable offence.
The Bill omits subsection (5), as the authority for a police officer to
appear and prosecute matters has been consolidated into the Police Service
Administration Act.
PUBLIC TRUSTEE ACT 1978
Section 117O
The Bill omits this section, as police officers will have sufficient powers
under the Bill to assist inspectors.
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Police Powers and Responsibilities
RACING AND BETTING ACT 1980
Section 153(6)
The Bill amends the section by omitting the reference to police officer, as
police officers will have sufficient powers under the Bill to require a
bookmaker to produce records. A court hearing an offence may impose a
penalty under the Bill or a higher penalty permitted under the Act.
Section 160
The Bill amend the section by omitting the reference to police officer.
The Bill omits subsection (4) as police officers will have sufficient arrest
powers under the Bill. The Bill also declares an agent or employee of a club
to be a public official for the Bill. Consequently, police officers will be able
to assist with the removal of a person under the section.
Section 225(2) and (3)
The Bill omits these subsections, as police officers will have sufficient
powers under the Bill to search persons for evidence of an offence against
the Act. The Bill inserts a new subsection (2) to maintain the effect of the
existing forfeiture authority under subsection (3).
Section 232
The Bill omits this section, as police officers will have sufficient powers
under the Bill to arrest a person for an offence.
Section 233
The Bill omits the reference to police officer, as police officers will have
sufficient powers under the Bill to require a person's name and address.
Section 235
The Bill omits this section, as police officers will have sufficient powers
under the Bill to search persons and vehicles for evidence of an offence
against the Act.
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Police Powers and Responsibilities
Section 243
The Bill omits this section, as police officers will have sufficient powers
under the Bill to direct persons to leave a racing venue or a place where a
trial is being conducted.
Section 246
The Bill omits this section, as police officers will have sufficient powers
under the Bill to take a person's fingerprints etc.
RECREATIONAL AREAS MANAGEMENT ACT 1988
Section 23(1)(a)
The Bill omits this paragraph, as police officers will have sufficient
powers under the Bill to assist authorised officers.
Section 42
The Bill omits this section, as police officers will have sufficient powers
under the Bill to arrest a person for an offence.
REGULATORY OFFENCES ACT 1985
Section 8
The Bill omits this section, as police officers will have sufficient powers
under the Bill to arrest a person for an offence and to take a person's
fingerprints etc.
RESIDENTIAL TENANCIES ACT 1994
Section 278
The Bill amends this section to insert a footnote to advise readers that the
powers for a police officer to give directions to persons causing serious
nuisance etc. is not provided under the Bill.
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Police Powers and Responsibilities
Sections 279, 280, 281, 282 and 285
The Bill omits these sections, as police officers will have sufficient
powers under the Bill to enter moveable dwellings, give directions, to
require a person's name and address, and to arrest person contravening a
direction, if a person causes serious nuisance in a moveable dwelling park.
Schedule 3
The Bill amends the dictionary in schedule 3 to replace the definitions
"final nuisance direction" and "initial nuisance direction".
SECOND-HAND DEALERS AND COLLECTORS ACT
1984
Section 6, definition "arrest", "authorised police officer", "officer in
charge of police" and "police establishment"
The Bill omits these definitions as a consequence to later amendments to
the Act.
Section 8
The Bill amends the section to remove the capacity to appoint a police
officer as an authorised officer, as police officers will have sufficient powers
for enforcing the Act under the Bill.
Sections 8A(1) and 8B
The Bill amends these sections, as police officers will no longer be
appointed as authorised officer's.
Section 55
The Bill omits this section, as police officers will have sufficient powers
under the Bill to require a person's name and address, when enforcing the
Act.
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Police Powers and Responsibilities
Section 57(1)
The Bill omits this subsection, as police officers will have sufficient
powers under the Bill to enter pawnbrokers to monitor compliance with the
Act.
Section 58
The Bill omits this section, as police officers will have sufficient powers
under the Bill to obtain a search warrant with respect to stolen or unlawfully
obtained property.
Section 60
The Bill omits this section, as police officers will have sufficient powers
under the Bill to fingerprint etc. persons.
SOUTH BANK CORPORATION ACT 1989
Section 37B
The Bill omits the reference to police officer in this section, as police
officers will have sufficient powers under the Bill to give directions to
persons causing public nuisance at South Bank Park lands.
Section 37D
The Bill omits the reference to police officer in this section, as police
officers will have sufficient powers under the Bill to require a person's name
and address.
Section 37F
The Bill omits this section, as police officers will have sufficient powers
under the Bill to arrest a person for an offence.
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Police Powers and Responsibilities
STATE BUILDING PROTECTIVE SECURITY ACT
1983
Section 25
The Bill omits this section, as police officers will have sufficient powers
under the Bill with respect to State Buildings.
Section 26
The Bill omits this section, as police officers will have sufficient powers
under the Bill to arrest a person for an offence.
Section 27
The Bill omits this section, as police officers will have sufficient powers
under the Bill to take a person's fingerprints etc.
STOCK ACT 1915
Section 43(1)(b)
The Bill omits this paragraph, as police officers will have sufficient
powers under the Bill to prosecute offences under prescribed Acts despite
the existence of a restriction imposed by those Acts.
TOBACCO PRODUCTS (PREVENTION OF SUPPLY
TO CHILDREN) ACT 1998
Section 27(3)
The Bill omits this subsection, as police officers will have sufficient
powers under the Bill to enforce the Act without being an authorised person.
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Police Powers and Responsibilities
Section 29(1)
The Bill amends this section, as police officers will no longer be
authorised person's for the Act.
Section 30
The Bill amends this section, as police officers will no longer be
authorised person's for the Act.
TOW TRUCK ACT 1973
Section 4, definition "authorised officer"
The Bill omits police officer from the definition of authorised officer, as
police officers will have sufficient powers under the Bill without being
authorised officer's.
Section 4, definition "seized"
The Bill amends this definition, to update the cross reference to the
Transport Operations (Road Use Management) Act, as a consequence of
amendments under this Bill.
TRANSPORT INFRASTRUCTURE ACT 1994
Section 147
The Bill omits this section, as police officers will have sufficient powers
under the Bill to arrest a person for an offence.
Section 164(1)(j)
The Bill omits this paragraph, as police officers will have sufficient
powers under the Bill to arrest a person for an offence, without the need to
make a regulation.
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Police Powers and Responsibilities
TRANSPORT OPERATIONS (MARINE SAFETY) ACT
1994
Section 79
The Bill amends this section, so that a delegation of powers to a police
officer is subject to the same approval process as an appointment of a police
officer as a public official.
Section 160(1)
The Bill amends subsection (1) so that the section does not apply to a
police officer, as police officer's have a similar requirement under the Bill
when exercising a power as a public official.
Section 173(5)
The Bill omits this subsection, as police officers will have sufficient
powers under the Bill to arrest a person for an offence.
Section 182
The Bill amends this section to remove the powers of a police officer to
assist a shipping inspector as similar powers are provided under the Bill.
The Bill amends the section to require the inspector to inform the person
who is obstructing that the inspector may ask a police officer for assistance.
TRANSPORT OPERATIONS (PASSENGER
TRANSPORT) ACT 1994
Section 113
The Bill amends subsection (1) so that the section does not apply to a
police officer, as police officer's have a similar requirement under the Bill
when exercising a power as a public official.
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Police Powers and Responsibilities
Section 118
The Bill amends subsection (1) so that the section does not apply to a
police officer, as police officer's have a similar requirement under the Bill
when exercising a power as a public official.
Section 127(5)
The Bill omits this subsection, as police officers will have sufficient
powers under the Bill to arrest a person for an offence.
Section 137(6)
The Bill omits this subsection, as police officers will have sufficient
powers under the Bill to arrest a person for an offence.
Section 141(2)
The Bill omits this subsection, as police officers will have sufficient
powers under the Bill to arrest a person for an offence.
TRANSPORT OPERATIONS (ROAD USE
MANAGEMENT) ACT 1995
Section 20
The Bill includes a new subsection, as most powers conferred on police
officers as authorised officer's under part 3 are provided under the Bill.
Section 25
The Bill amends this section so that the section does not apply to a police
officer, as police officer's have a similar requirement under the Bill when
exercising a power as a public official.
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Police Powers and Responsibilities
Section 31
The Bill amends this section by removing the reference to police officers,
as police officers will have sufficient powers under the Bill to stop vehicles.
Section 48(1)(c) and (d)
The Bill omits paragraph (c), as police officers will have sufficient
powers under the Bill to require a person's name and address who is in
control of a stopped vehicle. The Bill amends paragraph (d) to omit the
reference to an authorised person who is not a police officer as police
officers will not exercise powers under this section.
Chapter 3, Part 4
The Bill omits this part, as police officers will have sufficient powers
under the Bill to arrest a person for an offence.
Sections 93, 95, 97, 98, 99, 100(1) to (6B)
The Bill omits these sections, as police officers will have sufficient
powers under the Bill with respect to traffic related powers.
Section 110
The Bill replaces the section without the reference to police officers, as
police officers will have sufficient powers under the Bill to give directions to
the owner or driver of a parked vehicle for the safe and effective regulation
of traffic etc.
Section 122
The Bill omits this section, as police officers will have sufficient powers
under the Police Service Administration Act to appear and represent officers
in court.
201
Police Powers and Responsibilities
Section 133
The Bill amends this section, as police officers will have sufficient
powers under the Bill to enter garages and inspect records etc.
VAGRANTS, GAMING AND OTHER OFFENCES ACT
1931
Section 2, definition of "arrest"
The Bill omits this definition because of other amendments to the Act.
Section 31(4) to (7)
The Bill omits these subsections, as these search powers relating boxing
stadiums are considered unnecessary. Also, police officers will have
sufficient powers under the Bill to require a person's name and address.
Section 35
The Bill amend this section, as police officers will have sufficient powers
under the Bill to prevent offences and breaches of the peace, and to arrest a
person for an offence.
Section 37B(4)
The Bill omits the reference to police officer, as the offence for
obstructing a police officer is provided under the Bill.
Section 38, 42, 45, 46, 56, 57
The Bill omits these sections, as police officers will have sufficient
powers under the Bill to arrest a person for an offence, require a person's
name and address. Also, police officers will have sufficient powers under
the Police Service Administration Act to appear and represent officers in
court.
202
Police Powers and Responsibilities
WATER RESOURCES ACT 1989
Section 224A(4)
The Bill omits this subsection, as the steps that a police officer may take
where a person has failed to give a public official their name and address are
provided under the Bill.
WEAPONS ACT 1990
Section 128(1)(c)
The Bill omits paragraph (c), as police officers will have sufficient
powers under the Bill to inspect registers of a security organisation. The Bill
also clarifies the application of penalties for subsections (1) and (2).
Section 130
The Bill omits this section, as police officers will have sufficient powers
under the Bill with respect to the inspection of registers required to be kept
under the Act.
Part 5
The Bill omits this part, as police officers will have sufficient powers
under the Bill to require a person's name and address, require the production
of a weapons licence, search for and seize weapons, obtain search warrants,
arrest a person for an offence and to take a person's fingerprints etc.
Section 154
The Bill omits this part, as police officers will have sufficient powers
under the Bill to dispose of seized weapons.
203
Police Powers and Responsibilities
WORKPLACE HEALTH AND SAFETY ACT 1995
Section 116
The Bill omits this section, as police officers will have sufficient powers
under the Bill to assist an inspector.
Section 120(7)
The Bill omits this subsection, as police officers will have sufficient
powers under the Bill to assist an inspector.
Section 121
The Bill omits this section, as the steps a police officer may take when the
officer is called to assist an inspector because a person fails to provide their
name and address to the inspector, are included in the Bill.
Section 173
The Bill amends this section to remove the powers of a police officer to
assist an inspector as similar powers are provided under the Bill. The Bill
amends the section to require the inspector to inform the person who is
obstructing that the inspector may ask a police officer for assistance.
Section 174
The Bill omits this section, as the steps a police officer may take when the
officer is called to assist an inspector because a person is obstructing the
inspector, are included in the Bill.
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Police Powers and Responsibilities
SCHEDULE 4
DICTIONARY
Schedule 4 contains definitions for terms used in the Bill.
© The State of Queensland 2000