Queensland Numbered Acts

POLICE LEGISLATION (EFFICIENCIES AND EFFECTIVENESS) AMENDMENT ACT 2022 - SCHEDULE 1

SCHEDULE 1 – Oaths Regulation 2022

1 Short title

This regulation may be cited as the Oaths Regulation 2022 .

2 Definitions for regulation

In this regulation—

"officer-in-charge" , of a police station, police establishment or watch-house, includes a police officer nominated by the officer-in-charge of the police station, police establishment or watch-house as the officer-in-charge of the police station, police establishment or watch-house during the officer-in-charge’s absence.

"relevant affidavit" means each of the following types of affidavit—

(a) an affidavit made by a police officer for use in a proceeding under the Bail Act 1980 ;

(b) an affidavit made by a police officer for use in a proceeding under the Youth Justice Act 1992 in which a court is deciding whether to release a child in custody in connection with a charge of an offence or keep the child in custody;

(c) an affidavit made by a police officer about the giving of a document to a person where the document is required or permitted under an Act to be given to the person by a police officer;

(d) an affidavit made by a police officer that forms part of a sworn application sent under the Police Powers and Responsibilities Act 2000 , section 801 (4) (a) .

(a) an officer-in-charge of a police station, police establishment or watch-house; or

(b) a watch-house manager; or

(c) a police officer of or above the rank of sergeant.

3 Information witness must include on affidavit—Act, s 13E

For section 13E (d) of the Act , if the witness to the affidavit is a person prescribed under section 4 , 6 or 8 , the prescribed information is the witness’s rank.

4 Prescribed persons for witnessing affidavits—Act, s 16A

For section 16A (1) (e) of the Act , a senior police officer is prescribed.

5 Witnessing prescribed types of affidavits—Act, s 16A

For section 16A (2) (a) of the Act , a relevant affidavit is prescribed as the only type of affidavit that may be witnessed by a person prescribed under section 4 .

6 Persons prescribed as witness—Act, s 16C

For section 16C (2) of the Act , a senior police officer is prescribed as a person who may witness an affidavit under that section.

7 Witnessing prescribed types of affidavits—Act, s 16C

For section 16C (3) (a) of the Act , a relevant affidavit is prescribed as the only type of document that may be witnessed by a person prescribed under section 6 .

8 Persons prescribed as witness—Act, s 31S

For section 31S (1) of the Act , a senior police officer is prescribed.

9 Prescribed types of documents—Act, s 31S

For section 31S (2) (a) of the Act , a relevant affidavit is prescribed as the only type of document that may be witnessed by a person prescribed under section 8 .

10 Prescribed condition—Act, s 31S

(1) This section prescribes, for section 31S (2) (a) of the Act , a condition for the witnessing, by a person prescribed under section 8 , of an affidavit mentioned in section 2 , definition relevant affidavit , paragraph (a) or (b) .

(2) The condition is that it is not reasonably practicable to witness the affidavit other than under section 31S of the Act .

© State of Queensland 2022