Queensland Numbered Acts

SUMMARY OFFENCES AND OTHER LEGISLATION AMENDMENT ACT 2019 - SECT 5

5 Insertion of new s 53AA

After section 53A —
insert—

53AA Seizure and disposal of dangerous attachment devices

(1) This section applies if a police officer—

(a) finds a dangerous attachment device; and

(b) reasonably suspects the dangerous attachment device has been used, or is to be used, to disrupt a relevant lawful activity.

(2) For subsection (1)(b), a relevant lawful activity is disrupted by using a dangerous attachment device if the use—

(a) unreasonably interferes with the ordinary operation of transport infrastructure; or

Example—

placing an obstacle, on a railway, that stops the passage of rolling stock

(b) stops a person from entering or leaving a place of business; or

(c) causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.

(3) The police officer may do 1 or both of the following—

(a) deactivate or disassemble the dangerous attachment device to the extent the police officer considers reasonably necessary;

(b) seize all or parts of the dangerous attachment device.

(4) If the police officer exercises the power under subsection (3) to seize a dangerous attachment device or parts of a device, the device or part is taken to have been forfeited to the State immediately after the police officer seizes it.

(5) To remove any doubt, it is declared that a police office may disassemble a dangerous attachment device and choose to seize only some of the disassembled parts.

(6) In this section—

"deactivate" , a dangerous attachment device, includes to make the device safe or unusable.

"transport infrastructure" see the Transport Infrastructure Act 1994 , schedule 6.