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Queensland
CRIME COMMISSION BILL
1997
Queensland
CRIME COMMISSION BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Meaning of "criminal paedophilia" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
7 Meaning of "major crime" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Meaning of "organised crime" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Meaning of "relevant criminal activity" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
10 References to criminal activity include suspected criminal activity . . . . . 12
PART 2--QUEENSLAND CRIME COMMISSION AND CRIME
COMMISSIONER
Division 1--Queensland crime commission
11 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 QCC is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 2--Crime commissioner and assistant commissioners
13 Crime commissioner and assistant crime commissioners . . . . . . . . . . . . . . 13
14 Appointment of crime commissioner and assistant crime
commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
15 Establishment of selection panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
16 Nomination for appointment as commission member . . . . . . . . . . . . . . . . . . 15
17 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
18 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
19 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2
Crime Commission
20 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
21 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
22 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Acting commission members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
24 Disclosure of pecuniary interests by commission members . . . . . . . . . . . . . 17
Division 3--QCC staff and agents
25 QCC staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
26 Engagement of agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
27 Counsel assisting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 4--QCC Functions
28 QCC's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
29 Crime commissioner may ask for reference or change to reference . . . . . . 19
Division 5--QCC's interaction with other entities
30 Police task forces to assist QCC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
31 Liaison with other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
32 QCC may give information to other entities . . . . . . . . . . . . . . . . . . . . . . . . . 20
33 CJC to be advised of official misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 6--Public sittings
34 Public sittings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 7--Delegations and authorised QCC officers
35 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
36 Authorised QCC officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
37 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 3--MANAGEMENT COMMITTEE
Division 1--Establishment of management committee
38 Establishment of management committee . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
39 Membership of management committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
40 Deputy committee member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
41 Duration of appointment of appointed member . . . . . . . . . . . . . . . . . . . . . . . 26
42 Terms of appointment of appointed member . . . . . . . . . . . . . . . . . . . . . . . . . 26
43 Resignation of appointed member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
44 Termination of appointment of appointed member . . . . . . . . . . . . . . . . . . . . 26
3
Crime Commission
Division 2--Functions
45 Management committee's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Division 3--Referrals
46 Referrals to QCC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
47 Management committee may give QCC directions about investigations . . 29
48 Referrals to police service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Division 4--Management committee powers and associated QCC
duties
49 Management committee may obtain information from QCC . . . . . . . . . . . . 29
50 Management committee may give directions and guidelines to QCC . . . . 30
Division 5--Complaints
51 Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 6--Meetings and other business of management committee
52 Meaning of "required minimum number" of committee members . . . . . . . 31
53 Conduct of meetings and other business . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
54 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
55 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
56 Quorum and voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
57 Participation in meetings by telephone etc. . . . . . . . . . . . . . . . . . . . . . . . . . 32
58 Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
59 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 4--PARLIAMENTARY COMMISSIONER
Division 1--Functions
60 Functions of parliamentary commissioner for this Act . . . . . . . . . . . . . . . . . 33
Division 2--Reviews
61 Intelligence data review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
62 CJC access review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
63 Parliamentary commissioner to decide whether access to be given . . . . . . 35
Division 3--Powers
64 Powers--general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
65 Powers--intelligence data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
66 Powers--CJC access review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4
Crime Commission
Division 4--General
67 Confidentiality obligations not to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
68 Protection of parliamentary commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . 37
PART 5--PUBLIC INTEREST MONITOR
69 Public interest monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
70 Monitor's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
71 Monitor's annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
72 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
PART 6--POWERS
Division 1--Units of public administration
73 Commission member may require information etc. from units of
public administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 2--Search warrants generally
74 Search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
75 Powers for search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
76 Search to prevent loss of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
77 Supplying warrant copy, officer's details, receipt for seized thing etc. . . . 45
78 Requirements after property is seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
79 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
80 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 3--Surveillance powers
81 Certain Acts do not apply to this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
82 Surveillance warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
83 Emergency use of surveillance devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
84 Powers under surveillance warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
85 Disclosure of information obtained using surveillance warrant . . . . . . . . . . 53
86 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
87 Destruction of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
88 Covert search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
89 Powers for covert search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
90 Report on covert search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
91 Application of the Invasion of Privacy Act . . . . . . . . . . . . . . . . . . . . . . . . . . 59
5
Crime Commission
Division 4--Warrants register
92 Register of warrants and applications for warrants . . . . . . . . . . . . . . . . . . . . 59
Division 5--Notice to produce
93 Notice to produce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
94 Notice to produce--claim of privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
Division 6--Attendance notice
95 Attendance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
96 Offence not to attend hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 7--Arrest
97 Arrest warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 8--General
98 QCC's powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
99 General power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
PART 7--HEARINGS
100 QCC may hold hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
101 Conduct of hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
102 Hearings are closed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
103 Legal representation and examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
104 Right to interpreter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
105 Refusal to produce--claim of reasonable excuse . . . . . . . . . . . . . . . . . . . . . 68
106 Return of sealed documents or things for decision on claim of
privilege at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
107 Refusal to take oath or affirmation or to answer question . . . . . . . . . . . . . . 70
108 Presiding member to decide whether refusal to answer questions
or produce documents or things is justified . . . . . . . . . . . . . . . . . . . . . . . . . . 71
109 Appeals to Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
110 Restriction on use of privileged answers, documents and things
disclosed or produced under compulsion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
111 Publication of names, evidence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
112 QCC must give evidence to defence unless court certifies otherwise . . . . 75
113 Protection of members, legal representatives and witnesses . . . . . . . . . . . . 76
114 Contempt of commission member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
115 Punishment of contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
6
Crime Commission
116 Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
117 Allowances for witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
118 Legal assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
PART 9--OFFENCES
119 Disclosures about QCC notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
120 False or misleading statements or documents . . . . . . . . . . . . . . . . . . . . . . . . 81
121 Obstruction of QCC etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
122 Injury or detriment to witness etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
123 Pretending to be a commission member or QCC officer . . . . . . . . . . . . . . . 82
124 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
125 Proceedings for indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
PART 10--GENERAL
126 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
127 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
128 Protection of witnesses etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
129 Record of execution of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
130 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
131 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
PART 11--TRANSITIONAL PROVISIONS
132 Audit of investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
PART 12--AMENDMENT OF CRIMINAL JUSTICE ACT 1989
133 Act amended in pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
134 Amendment of s 2 (Objects of Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
135 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
136 Amendment of s 23 (Responsibilities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
137 Amendment of s 29 (Role and functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
138 Amendment of s 56 (Role and functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
139 Amendment of s 58 (Role and functions) . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
140 Amendment of s 82 (Authority to use listening devices) . . . . . . . . . . . . . . . 90
141 Insertion of new pt 3, div 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 1A--Public interest monitor
84A Public interest monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
7
Crime Commission
84B Monitor's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
84C Monitor's annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
84D Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
142 Amendment of s 88 (Publication of evidence) . . . . . . . . . . . . . . . . . . . . . . . 92
143 Amendment of s 123 (Application pursuant to s 82) . . . . . . . . . . . . . . . . . . 93
PART 13--AMENDMENT OF JUDICIAL REVIEW ACT 1991
144 Act amended in pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
145 Amendment of sch 2 (Decisions for which reasons need not be given) . . . 93
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 95
DICTIONARY
1997
A BILL
FOR
An Act to establish the Queensland Crime Commission, and for other
matters
s1 10 s4
Crime Commission
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
1. This Act may be cited as the Crime Commission Act 1997. 4
5
Commencement
2. This Act commences on a day to be fixed by proclamation. 6
binds all persons 7
Act
3. This Act binds all persons, including the State, and, so far as the 8
legislative power of Parliament permits, the other States. 9
10
Objects
4.(1) The objects of this Act are to provide for-- 11
(a) the establishment of a permanent crime commission to 12
investigate criminal activity referred to it and, in particular, 13
criminal paedophilia and major and organised crime; and 14
(b) the establishment of a management committee to oversight the 15
activities of the crime commission and to refer matters to the 16
crime commission for investigation; and 17
(c) the accountability of the crime commission to the Minister and 18
the Legislative Assembly; and 19
(d) a mechanism for the investigation of complaints against the crime 20
commission or members or officers of the crime commission. 21
(2) It is Parliament's intention that the investigation of criminal activity 22
be conducted by the crime commission and other law enforcement agencies 23
working cooperatively as partners to achieve optimal use of available law 24
enforcement resources. 25
s5 11 s8
Crime Commission
(3) However, Parliament recognises that the investigation of official 1
misconduct should be undertaken independently of general law 2
enforcement, and that the need for cooperation between law enforcement 3
agencies may be subordinate to the need for independent investigation of 4
official misconduct. 5
6
Dictionary
5. The dictionary in the schedule defines particular words used in this 7
Act. 8
of "criminal paedophilia" 9
Meaning
6.(1) "Criminal paedophilia" means activities involving-- 10
(a) offences of a sexual nature committed in relation to children; or 11
(b) offences relating to obscene material depicting children. 12
(2) It is immaterial whether the offence is committed in Queensland or 13
elsewhere if the offender or the child is ordinarily resident in Queensland. 14
of "major crime" 15
Meaning
7. "Major crime" means criminal activity, other than relevant criminal 16
activity, that involves an indictable offence punishable on conviction by a 17
term of imprisonment not less than 14 years. 18
of "organised crime" 19
Meaning
8. "Organised crime" means criminal activity that involves-- 20
(a) indictable offences punishable on conviction by a term of 21
imprisonment not less than 7 years; and 22
(b) 2 or more persons; and 23
(c) substantial planning and organisation; and 24
(d) systematic and continuing activity; and 25
(e) a purpose to obtain profit, gain, power or influence. 26
s9 12 s 12
Crime Commission
of "relevant criminal activity" 1
Meaning
9. A thing is "relevant criminal activity" if it involves-- 2
(a) criminal paedophilia; or 3
(b) organised crime; or 4
(c) something that is-- 5
(i) preparatory to the commission of criminal paedophilia or 6
organised crime; or 7
(ii) undertaken to avoid detection of or prosecution for criminal 8
paedophilia or organised crime. 9
to criminal activity include suspected criminal activity 10
References
10. A reference to criminal paedophilia, major crime, organised crime or 11
relevant criminal activity includes, in the context of investigation, suspected 12
criminal paedophilia, suspected major crime, suspected organised crime and 13
suspected relevant criminal activity. 14
PART 2--QUEENSLAND CRIME COMMISSION AND 15
CRIME COMMISSIONER 16
1--Queensland crime commission 17
Division
18
Establishment
11. The Queensland Crime Commission ("QCC") is established. 19
is a body corporate etc. 20
QCC
12.(1) QCC-- 21
(a) is a body corporate with perpetual succession; and 22
(b) has a common seal; and 23
s 13 13 s 14
Crime Commission
(c) may sue and be sued in its corporate name. 1
(2) QCC consists of the following members-- 2
(a) the crime commissioner who is the chairperson; 3
(b) each assistant crime commissioner. 4
(3) QCC is-- 5
(a) a unit of public administration under-- 6
(i) the Criminal Justice Act 1989; and 7
(ii) the Public Sector Ethics Act 1994; and 8
(b) a statutory body under the Financial Administration and Audit 9
Act 1977; and 10
(c) an exempt public authority under the Corporations Law. 11
(4) Judicial notice must be taken of the imprint of QCC's seal appearing 12
on a document and the document must be presumed to have been properly 13
sealed unless the contrary is proved. 14
2--Crime commissioner and assistant commissioners 15
Division
commissioner and assistant crime commissioners 16
Crime
13.(1) There is to be a crime commissioner and there may be 1 or more 17
assistant crime commissioners. 18
(2) The crime commissioner is the chief executive officer of QCC and 19
the accountable officer of QCC for the Financial Administration and Audit 20
Act 1977. 21
of crime commissioner and assistant crime 22
Appointment
commissioners 23
14.(1) The crime commissioner and assistant crime commissioners are 24
to be appointed by the Governor in Council. 25
(2) A person is qualified for appointment as the crime commissioner if 26
the person has served as, or is qualified for appointment as, a judge of-- 27
s 15 14 s 15
Crime Commission
(a) the Supreme Court of Queensland; or 1
(b) the Supreme Court of another State. 2
(3) A person is qualified for appointment as an assistant crime 3
commissioner if the person is nominated for appointment by the Minister. 4
(4) However, a person is not qualified for appointment as a commission 5
member if the person has been found guilty of an indictable offence.1 6
(5) The Criminal Law (Rehabilitation of Offenders) Act 1986, sections 6, 7
8 and 9,2 do not apply in relation to the appointment of a commission 8
member. 9
(6) The commission members are to be appointed under this Act, and 10
not under the Public Service Act 1996. 11
(7) The crime commissioner must be appointed on a full-time basis. 12
(8) An assistant crime commissioner may be appointed on a full-time or 13
part-time basis. 14
of selection panel 15
Establishment
15.(1) The Minister must establish a selection panel to consider 16
applicants for appointment as commission members. 17
(2) The panel must include-- 18
(a) the Minister; and 19
(b) 3 persons appointed by the Minister, at least 2 of whom have 20
expertise in the commission's functions. 21
(3) The Minister must invite the person recognised in the Legislative 22
Assembly as the Leader of the Opposition to be a panel member or to 23
1 Under the Acts Interpretation Act 1954, section 36, "indictable offence" is
defined as follows--
` "indictable offence" includes an act or omission committed outside Queensland
that would be an indictable offence if it were committed in Queensland.'.
2 Criminal Law (Rehabilitation of Offenders) Act 1986, sections 6 (Non-disclosure
of convictions upon expiration of rehabilitation period), 8 (Lawful to deny
certain convictions) and 9 (Duty to disregard certain convictions)
s 16 15 s 19
Crime Commission
nominate another member of the Assembly to be a panel member in place 1
of the leader. 2
(4) If the leader accepts the Minister's invitation, the leader or the leader's 3
nominee is a panel member. 4
for appointment as commission member 5
Nomination
16. The Minister may nominate a person for appointment as a 6
commission member only after-- 7
(a) advertising for applications; and 8
(b) consulting with the other selection panel members. 9
of appointment 10
Duration
17. A commission member holds office for the term, not longer than 11
5 years, stated in the instrument of appointment. 12
of appointment 13
Terms
18.(1) A commission member is to be paid the remuneration and 14
allowances decided by the Governor in Council. 15
(2) A commission member holds office on the terms, not provided for in 16
this Act, decided by the Governor in Council. 17
of rights 18
Preservation
19.(1) This section applies if a public service officer is appointed as a 19
commission member. 20
(2) The person retains and is entitled to all rights that have accrued to the 21
person because of the person's employment as a public service officer, or 22
that would accrue in the future to the person because of that employment, as 23
if service as a commission member were a continuation of service as a 24
public service officer. 25
(3) At the end of the person's term of office or on resignation-- 26
(a) the person is entitled to be appointed to an office in the public 27
s 20 16 s 22
Crime Commission
service at a salary level not less than the current salary level of an 1
office equivalent to the office the person held before being 2
appointed as a commission member; and 3
(b) the person's service as a commission member is to be regarded 4
as service of a like nature in the public service for deciding the 5
person's rights as a public service officer. 6
of absence 7
Leave
20. The Minister may grant leave of absence to a commission member 8
on the terms the Minister considers appropriate. 9
10
Resignation
21. A commission member may resign by signed notice given to the 11
Minister. 12
of appointment 13
Termination
22.(1) The Governor in Council may terminate the appointment of a 14
commission member if the member-- 15
(a) becomes incapable of satisfactorily performing the member's 16
duties; or 17
(b) is guilty of misconduct that could warrant dismissal from the 18
public service if the member were a public service officer; or 19
(c) is an undischarged bankrupt or is taking advantage of the laws in 20
force relating to bankrupt debtors; or 21
(d) is absent, without the Minister's leave and without reasonable 22
excuse, for 7 consecutive days or 14 days in a year. 23
(2) The Governor in Council must terminate a commission member's 24
appointment if the commission member-- 25
(a) is found guilty of an indictable offence; or 26
(b) engages in paid employment outside the duties of office without 27
the Minister's approval. 28
s 23 17 s 24
Crime Commission
commission members 1
Acting
23.(1) The Governor in Council may appoint a person, who is qualified 2
for appointment as the crime commissioner, to act as the crime 3
commissioner-- 4
(a) during a vacancy in the office; or 5
(b) during any period, or all periods, when the crime commissioner 6
is absent from duty or from the State or, for another reason, can 7
not perform the duties of the office. 8
(2) The Governor in Council may appoint a person, who is qualified for 9
appointment as an assistant crime commissioner, to act as an assistant 10
crime commissioner-- 11
(a) during a vacancy in the office; or 12
(b) during any period, or all periods, when an assistant crime 13
commissioner is absent from duty or from the State or, for 14
another reason, can not perform the duties of the office. 15
of pecuniary interests by commission members 16
Disclosure
24.(1) QCC must keep a register of each commission member's 17
pecuniary interests at the time of the member's appointment as a 18
commission member or acquired by the member during his or her term of 19
office as a commission member. 20
(2) Each commission member must give to QCC, the Minister and the 21
management committee-- 22
(a) as soon as practicable after the member's appointment as a 23
commission member--a written summary of the member's 24
pecuniary interests at the time of the member's appointment; and 25
(b) within 30 days after any substantial change in the member's 26
pecuniary interests--written information of the change. 27
(3) The register and record kept under subsection (1) must be updated at 28
least once during each 12 month period of a commissioner member's term 29
of office. 30
s 25 18 s 28
Crime Commission
3--QCC staff and agents 1
Division
CC staff 2
Q
25.(1) QCC staff are to be employed under the Public Service Act 1996. 3
(2) QCC may arrange with the chief executive of a department, or with 4
another unit of public administration, for the services of officers or 5
employees of the department or other unit to be made available to it. 6
of agents 7
Engagement
26.(1) To meet temporary circumstances, QCC may engage suitably 8
qualified persons (each a "QCC agent") to provide it with services, 9
information or advice. 10
(2) A person engaged under subsection (1) is engaged on the terms and 11
conditions decided by QCC and not under the Public Service Act 1996. 12
assisting 13
Counsel
27. With the approval of the management committee, QCC may engage, 14
under section 26, a lawyer to assist it as counsel, either generally or in 15
relation to a particular matter or matters. 16
Division 4--QCC Functions 17
CC's functions 18
Q
28.(1) QCC has the following functions-- 19
(a) to investigate relevant criminal activity or major crime referred to 20
it by the management committee; 21
(b) when conducting investigations, to gather evidence for-- 22
(i) the prosecution of persons for offences; and 23
(ii) the recovery of the proceeds of relevant criminal activity or 24
major crime; 25
(c) to refer evidence of official misconduct in its possession to the 26
s 29 19 s 29
Crime Commission
CJC; 1
(d) to undertake tasks the management committee may lawfully ask 2
QCC to undertake; 3
(e) to maintain an effective intelligence service about relevant 4
criminal activity and major crime, and to monitor the intelligence 5
data collected with a view to forecasting trends in relevant 6
criminal activity and major crime; 7
(f) to liaise with, provide information to, and receive information 8
from, other law enforcement agencies, including agencies outside 9
the State or Australia, about relevant criminal activity and major 10
crime. 11
(2) The conferral of functions on QCC under subsection (1) does not 12
limit the power of the police service or another law enforcement agency to 13
perform the functions, but each law enforcement agency, including QCC, is 14
to use its best endeavours to work cooperatively with each other law 15
enforcement agency to achieve optimal use of available resources. 16
commissioner may ask for reference or change to reference 17
Crime
29.(1) The crime commissioner may, if he or she considers it 18
appropriate, ask the management committee to refer to QCC for 19
investigation-- 20
(a) relevant criminal activity; or 21
(b) a major crime. 22
(2) The request must be written and may be supported by any written 23
submission the crime commissioner considers appropriate. 24
(3) The crime commissioner may, if he or she considers it appropriate, 25
ask the management committee to change the terms of an existing 26
reference. 27
s 30 20 s 32
Crime Commission
5--QCC's interaction with other entities 1
Division
task forces to assist QCC 2
Police
30.(1) The management committee may make arrangements with the 3
police commissioner for the establishment of a police task force to help 4
QCC carry out an investigation. 5
(2) The task force is, subject to subsection (3), under the control and 6
direction of the police commissioner. 7
(3) The management committee may give directions or guidelines to 8
QCC and the police commissioner for the establishment of the task force, 9
and QCC and the police commissioner must comply with the directions or 10
guidelines. 11
with other entities 12
Liaison
31.(1) QCC may liaise with, give information about criminal activity to, 13
and receive information about criminal activity from-- 14
(a) other law enforcement agencies, including agencies outside the 15
State or Australia; or 16
(b) if the management committee approves--other entities, including 17
entities outside the State or Australia. 18
(2) With the approval of the management committee, QCC may enter 19
into operational agreements with other entities, including an entity 20
mentioned in section 45(1)(b)(ii)3, for the giving of information to help 21
QCC perform its investigative function. 22
may give information to other entities 23
QCC
32. Without limiting anyone's right to start a prosecution for an offence, 24
if QCC has evidence of an offence against a law of the State, the 25
Commonwealth or another State, QCC may give the evidence to the law 26
enforcement agency QCC considers appropriate. 27
3 Section 45 (Management committee's functions)
s 33 21 s 35
Crime Commission
to be advised of official misconduct 1
CJC
33.(1) If QCC has evidence of official misconduct, QCC must advise the 2
CJC of the official misconduct as soon as practicable. 3
(2) If the advice is likely to prejudice an investigation QCC is conducting, 4
QCC need not advise the CJC until QCC is satisfied the advice is not likely 5
to prejudice the investigation. 6
(3) QCC must advise the parliamentary commissioner of a decision 7
under subsection (2) not to advise the CJC of evidence of official 8
misconduct. 9
(4) The parliamentary commissioner must monitor the delay in giving 10
the evidence to the CJC and decide when it must be given to the CJC. 11
6--Public sittings 12
Division
sittings 13
Public
34.(1) With the approval of the management committee, QCC may hold 14
sittings in public to inform the public of, or receive submissions about, the 15
general conduct of its operations. 16
(2) The sitting must be conducted by 1 or more commission members. 17
(3) QCC must not divulge in the course of a sitting any matter the 18
disclosure of which to members of the public could prejudice the safety or 19
reputation of a person or prejudice the fair trial of a person who has been or 20
may be charged with an offence. 21
7--Delegations and authorised QCC officers 22
Division
23
Delegation
35.(1) The crime commissioner may delegate QCC's powers to-- 24
(a) an assistant crime commissioner; or 25
(b) an appropriately qualified QCC officer. 26
(2) Subsection (1) does not apply to a QCC power that, under the 27
s 36 22 s 36
Crime Commission
provision of an Act conferring the power, is to be exercised by a stated 1
person. 2
(3) The crime commissioner may delegate the crime commissioner's 3
powers to-- 4
(a) an assistant crime commissioner; or 5
(b) an appropriately qualified QCC officer. 6
(4) In this section-- 7
"appropriately qualified" means having the qualifications, experience or 8
standing appropriate to exercise the power. 9
10
Example of `standing'--
11
The level at which a person is employed in QCC.
QCC officer 12
Authorised
36.(1) The crime commissioner may authorise an appropriately qualified 13
officer or employee of QCC to perform the functions of, exercise the 14
powers of, or for any purpose to be, an authorised QCC officer under a 15
provision of this Act or another Act. 16
(2) An authorisation may be given on conditions. 17
(3) The crime commissioner, an assistant crime commissioner and a 18
police officer who is a member of a police task force is an authorised QCC 19
officer for all purposes. 20
(4) A reference in a provision of this or another Act to an authorised 21
QCC officer is a reference to a person who is an authorised QCC officer 22
under this section. 23
(5) In this section-- 24
"appropriately qualified" includes having the qualifications, experience or 25
standing appropriate to perform the function of, exercise the power of, 26
or to be, an authorised QCC officer. 27
28
Example of `standing'--
29
The level at which a person is employed in or engaged by QCC.
s 37 23 s 37
Crime Commission
Division 8--QCC's annual report 1
report 2
Annual
37.(1) As soon as practicable after the end of each financial year, but 3
within 4 months after the end of the financial year, the crime commissioner 4
must prepare and give to the Minister a written report about the operation of 5
QCC during the year. 6
(2) The Minister must table a copy of the report in the Legislative 7
Assembly within 14 sitting days after receiving the report. 8
(3) Each annual report of QCC must include the following-- 9
(a) a description of the matters that were referred during the year to 10
QCC for investigation; 11
(b) a description, which may include statistics, of relevant criminal 12
activity or major crime that has come to the attention of QCC 13
during the year; 14
(c) the extent to which its investigations have resulted in the 15
prosecution in the year of persons for offences; 16
(d) particulars of any arrest warrants issued under this Act during the 17
year; 18
(e) particulars of the number and results of-- 19
(i) applications to appeal and appeals under section 1094; and 20
(ii) other court proceedings involving QCC; 21
that were decided, or otherwise disposed of, during the year; 22
(f) another matter decided by the management committee. 23
(4) A report by QCC under this section must not-- 24
(a) identify persons as being suspected of having committed 25
offences; or 26
(b) identify persons as having committed offences, unless the 27
persons have been convicted of the offences. 28
4 Section 109 (Appeals to Supreme Court)
s 38 24 s 39
Crime Commission
(5) QCC must take reasonable care to ensure in an annual report the 1
identity of a person is not revealed if to reveal it might, having regard to any 2
material appearing in the report, prejudice the safety or reputation of a 3
person or prejudice the fair trial of a person who has been or may be 4
charged with an offence. 5
(6) A report containing particulars of arrest warrants must not reveal the 6
identity of persons against whom the warrants were issued. 7
PART 3--MANAGEMENT COMMITTEE 8
Division 1--Establishment of management committee 9
of management committee 10
Establishment
38. The Queensland Crime Commission Management Committee 11
("management committee") is established. 12
of management committee 13
Membership
39.(1) The management committee consists of the following committee 14
members-- 15
(a) the crime commissioner who is the chairperson of the 16
management committee; 17
(b) the police commissioner; 18
(c) the chairperson of the CJC; 19
(d) the chairperson of the national crime authority; 20
(e) the chairperson of the parliamentary committee; 21
(f) the deputy chairperson of the parliamentary committee; 22
(g) the Queensland Children's commissioner; 23
(h) 2 persons appointed by the Governor in Council as community 24
representatives (each of whom is an "appointed member"), of 25
s 40 25 s 40
Crime Commission
whom 1 at least must have a demonstrated interest in civil 1
liberties and 1 at least must be a female. 2
(2) For an appointment of a person as a community representative, the 3
Minister must cause notification of the Minister's intention to make a 4
nomination to the Governor in Council to be advertised statewide, calling 5
for applications from suitably qualified persons to be considered for 6
nomination. 7
(3) Before making the nomination to the Governor in Council, the 8
Minister must consult with the person recognised in the Legislative 9
Assembly as the Leader of the Opposition. 10
(4) The following persons are not eligible to be appointed as a 11
community representative-- 12
(a) a police officer; 13
(b) a member or officer of the CJC; 14
(c) another person holding an office or appointment in a unit of 15
public administration; 16
(d) a person who has been convicted of an indictable offence; 17
(e) a person who is an undischarged bankrupt or is taking advantage 18
of the laws in force relating to bankrupt debtors. 19
committee member 20
Deputy
40.(1) The police commissioner may appoint as the commissioner's 21
deputy for a management committee meeting an officer holding rank equal 22
to or higher than assistant commissioner ("deputy committee member"). 23
(2) The chairperson of the CJC may appoint as the chairperson's deputy 24
for a management committee meeting another member of the CJC (also a 25
"deputy committee member"). 26
(3) The chairperson of the national crime authority may appoint as the 27
chairperson's deputy for a management committee meeting a person 28
nominated by the chairperson (also a "deputy committee member"). 29
(4) If the police commissioner or either chairperson appoints a deputy 30
committee member for a management committee meeting, the deputy is 31
s 41 26 s 44
Crime Commission
taken to be the committee member for whom the person is deputy at the 1
meeting. 2
of appointment of appointed member 3
Duration
41. An appointed member holds office for the term, not longer than 4
3 years, stated in the instrument of appointment. 5
of appointment of appointed member 6
Terms
42.(1) An appointed member is appointed on a part-time basis. 7
(2) An appointed member holds office on the terms, not provided for in 8
this Act, decided by the Governor in Council. 9
of appointed member 10
Resignation
43. An appointed member may resign by signed notice given to the 11
Minister. 12
of appointment of appointed member 13
Termination
44.(1) The Governor in Council may terminate the appointment of a 14
person as an appointed member, if the person-- 15
(a) stops being eligible for appointment as an appointed committee 16
member; or 17
(b) becomes incapable of satisfactorily performing the member's 18
duties; or 19
(c) is guilty of misconduct that could warrant dismissal from the 20
public service if the member were a public service officer. 21
(2) The Governor in Council must terminate the appointment of a person 22
as an appointed member, if the person is convicted of an indictable offence. 23
s 45 27 s 46
Crime Commission
Division 2--Functions 1
committee's functions 2
Management
45.(1) The management committee has the following functions-- 3
(a) to refer, as provided under this Act, relevant criminal activity and 4
major crime to QCC for investigation; 5
(b) to arrange for, and coordinate to the extent the committee 6
considers appropriate, joint investigations into relevant criminal 7
activity or major crime by-- 8
(i) QCC; and 9
(ii) a police task force or another entity; 10
(c) to receive complaints made against, or concerns expressed about, 11
the conduct or activities of QCC or a QCC officer; 12
(d) to review and monitor generally the work of QCC. 13
(2) The crime commissioner must give the management committee 14
reasonable administrative services and support to enable the committee to 15
perform its functions. 16
3--Referrals 17
Division
to QCC 18
Referrals
46.(1) The management committee may refer relevant criminal activity to 19
QCC for investigation-- 20
(a) on its own initiative; or 21
(b) at the request of the police commissioner; or 22
(c) at the request of the crime commissioner. 23
(2) The management committee may refer major crime to QCC for 24
investigation at the request of the police commissioner. 25
(3) The referral must be written. 26
(4) The committee may, on its own initiative, refer relevant criminal 27
s 46 28 s 46
Crime Commission
activity to QCC for investigation only if it is satisfied-- 1
(a) an investigation into the relevant activity is unlikely to be effective 2
using powers ordinarily available to the police service; and 3
(b) it is in the public interest to refer the relevant criminal activity to 4
QCC. 5
(5) The committee may, at the request of the police commissioner, refer 6
suspected relevant criminal activity or a major crime to QCC for 7
investigation only if it is satisfied-- 8
(a) the police service has carried out an investigation into the relevant 9
criminal activity or major crime that has not been effective; and 10
(b) further investigation into the relevant criminal activity or major 11
crime is unlikely to be effective using powers ordinarily available 12
to police officers; and 13
(c) it is in the public interest to refer the relevant criminal activity or 14
major crime to QCC. 15
(6) Without limiting the matters to which the committee may have regard 16
in deciding whether it is in the public interest to refer the relevant criminal 17
activity or major crime to QCC, the committee may have regard to the 18
following matters-- 19
(a) the number of persons that may be involved in the relevant 20
criminal activity or major crime; 21
(b) the degree of planning and organisation likely to be involved in 22
the relevant criminal activity or major crime; 23
(c) the seriousness of, or the consequences of, the relevant criminal 24
activity or major crime; 25
(d) the person or persons likely to be responsible for planning and 26
organising the relevant criminal activity or major crime; 27
(e) the likely involvement of those persons in similar activities; 28
(f) the financial or other benefits likely to be derived by those or 29
other persons from the relevant criminal activity or major crime; 30
(g) whether investigation by QCC is a justifiable use of resources. 31
s 47 29 s 49
Crime Commission
(7) Despite this section, QCC is taken to have a standing reference from 1
the management committee to investigate criminal paedophilia. 2
committee may give QCC directions about 3
Management
investigations 4
47.(1) The management committee may give QCC directions imposing 5
limitations on an investigation, including limitations on the exercise of 6
QCC's powers for the investigation. 7
(2) The committee may also direct QCC to end a particular investigation 8
if the committee considers-- 9
(a) it may be more appropriate for another entity to undertake the 10
investigation; or 11
(b) it may be more effective for another entity to undertake the 12
investigation; or 13
(c) investigation by QCC is an unjustifiable use of resources. 14
(3) QCC must comply with a direction given under subsection (1) or (2). 15
to police service 16
Referrals
48.(1) The management committee may refer criminal activity to the 17
police commissioner for investigation if it is satisfied that the complaint is 18
not appropriate for investigation or continued investigation by QCC. 19
(2) The referral must be written. 20
(3) The police commissioner must, if asked by the committee, report to 21
the committee on the referral. 22
(4) The police commissioner must consider any comments about the 23
referral raised by the committee. 24
4--Management committee powers and associated QCC duties 25
Division
committee may obtain information from QCC 26
Management
49.(1) QCC must keep the management committee informed of the 27
s 50 30 s 51
Crime Commission
general conduct of its operations in the performance of its functions. 1
(2) If the management committee asks QCC to give to it information 2
concerning a matter relating to QCC's operations in the performance of its 3
functions, QCC must comply with the request and give the help the 4
committee needs to consider the information. 5
(3) Information provided to the management committee is provided on a 6
confidential basis. 7
committee may give directions and guidelines to QCC 8
Management
50.(1) The management committee may give directions or guidelines to 9
QCC about-- 10
(a) the performance of its functions; or 11
(b) its internal management. 12
(2) QCC must comply with the directions or guidelines. 13
Division 5--Complaints 14
15
Complaints
51.(1) If the management committee receives a complaint that provides 16
evidence of official misconduct against QCC or a QCC officer, the 17
management committee must refer the complaint to the CJC. 18
(2) If the management committee receives a complaint against QCC or a 19
QCC officer about a matter other than official misconduct, the management 20
committee may take action about the complaint it considers appropriate, 21
including-- 22
(a) making inquiries; and 23
(b) referring the complaint to another entity for action. 24
s 52 31 s 56
Crime Commission
6--Meetings and other business of management committee 1
Division
of "required minimum number" of committee members 2
Meaning
52. In this division-- 3
"required minimum number" of committee members means the number 4
that is half the number of committee members of which the 5
management committee for the time being consists or, if that number 6
is not a whole number, the next higher whole number. 7
of meetings and other business 8
Conduct
53. Subject to this division, the management committee may conduct its 9
business, including its meetings, in the way it considers appropriate. 10
and places of meetings 11
Times
54.(1) Meetings of the management committee are to be held at the times 12
and places the committee decides. 13
(2) However, the crime commissioner-- 14
(a) may at any time convene a meeting; and 15
(b) must convene a meeting when asked by at least the required 16
minimum number of committee members. 17
at meetings 18
Presiding
55.(1) The crime commissioner is to preside at all meetings at which the 19
crime commissioner is present. 20
(2) If the crime commissioner is not present at a meeting, the committee 21
member chosen by the committee members present at the meeting is to 22
preside. 23
and voting at meetings 24
Quorum
56. At a management committee meeting-- 25
(a) the required minimum number of committee members constitute 26
s 57 32 s 58
Crime Commission
a quorum; and 1
(b) a question is to be decided by a majority of the votes of the 2
committee members present and voting; and 3
(c) each committee member present has a vote on each question 4
arising for decision and, if the votes are equal, the committee 5
member presiding also has a casting vote. 6
in meetings by telephone etc. 7
Participation
57.(1) The management committee may permit its members to 8
participate in a particular meeting, or all meetings, by-- 9
(a) telephone; or 10
(b) closed circuit television; or 11
(c) another means of communication permitting contemporaneous 12
communication with other committee members. 13
(2) A committee member who participates in a committee meeting under 14
a permission under subsection (1) is taken to be present at the meeting. 15
without meetings 16
Resolutions
58.(1) If at least a majority of committee members sign a document 17
containing a statement that they are in favour of a resolution stated in the 18
document, a resolution in those terms is taken to have been passed at a 19
committee meeting held-- 20
(a) on the day on which the document is signed; or 21
(b) if the committee members do not sign it on the same day, the day 22
on which the last of the members constituting the majority signs 23
the document. 24
(2) If a resolution is, under subsection (1), taken to have been passed at a 25
committee meeting, each committee member must be advised immediately 26
of the matter and given a copy of the terms of the resolution. 27
(3) For subsection (1), 2 or more separate documents containing a 28
statement in identical terms, each of which is signed by 1 or more 29
committee members, are taken to constitute a single document. 30
s 59 33 s 61
Crime Commission
inutes 1
M
59. The committee must keep minutes of its proceedings. 2
PART 4--PARLIAMENTARY COMMISSIONER 3
Division 1--Functions 4
of parliamentary commissioner for this Act 5
Functions
60. The parliamentary commissioner has the following functions for this 6
Act-- 7
(a) to conduct an annual review of intelligence data in the possession 8
of QCC, the police service and the CJC; 9
(b) to review a QCC decision to deny access to the CJC to 10
information, a document or a thing in QCC's possession; 11
(c) to advise the management committee on the results of performing 12
the functions mentioned in paragraph (a) or (b); 13
(d) other functions expressly stated in any provisions of this Act. 14
Division 2--Reviews 15
data review 16
Intelligence
61.(1) The parliamentary commissioner must conduct an annual review 17
of intelligence data in the possession of QCC, the police service and the 18
CJC (each an "agency"). 19
(2) The purposes of the review are-- 20
(a) to consider whether intelligence data held by each agency is 21
appropriately held by the agency having regard to the agency's 22
functions; and 23
(b) to consider whether there is unnecessary duplication of 24
s 62 34 s 62
Crime Commission
intelligence data held by the agencies; and 1
(c) to consider whether the agencies are working cooperatively as 2
partners to achieve optimal use of-- 3
(i) available intelligence data; and 4
(ii) the resources used to collect, collate or record the data; and 5
(d) to consider whether an agency is placing inappropriate restrictions 6
on access to intelligence data by other agencies. 7
(3) The parliamentary commissioner must-- 8
(a) prepare written advice on the review containing the 9
commissioner's findings and recommendations; and 10
(b) give the advice to the management committee. 11
(4) The advice must be prepared in general terms in a way that does not 12
disclose intelligence data or other confidential information. 13
(5) The parliamentary commissioner must, when preparing his or her 14
advice, have regard to the need for the investigation of official misconduct 15
to be undertaken independently of general law enforcement.5 16
(6) The parliamentary commissioner must conduct the first annual 17
review under this section within 12 months of the later of the following 18
days-- 19
(a) the day this section commences; 20
(b) the day the first parliamentary commissioner is appointed. 21
(7) Each subsequent review, must be done as soon as practicable after 22
the end of each financial year, and within 4 months after the end of the 23
financial year. 24
access review 25
CJC
62.(1) This section applies if-- 26
(a) the CJC asks QCC for access to information, a document or thing 27
in the possession of QCC relating to official misconduct; and 28
5 See, for example, the Criminal Justice Act 1989, section 58(2)(c).
s 63 35 s 64
Crime Commission
(b) QCC decides to deny access to the information, document or 1
thing; and 2
(c) the parliamentary commissioner is satisfied that the information, 3
document or thing may be relevant to a CJC investigation. 4
(2) The parliamentary commissioner may, at the CJC's request, review 5
QCC's decision to deny access. 6
commissioner to decide whether access to be given 7
Parliamentary
63. The parliamentary commissioner must decide whether the CJC is to 8
be given access, wholly or partly, to the information, document or thing for 9
its investigation. 10
Division 3--Powers 11
12
Powers--general
64.(1) The parliamentary commissioner has power to do all things 13
necessary or convenient for the performance of his or her functions under 14
this Act. 15
(2) For the performance of his or her functions, the parliamentary 16
commissioner may, by order given to the crime commissioner, require a 17
QCC officer to do 1 or more of the following-- 18
(a) produce to the parliamentary commissioner, or allow the 19
parliamentary commissioner unrestricted access to, all records, 20
files and documents in QCC's possession; 21
(b) give to the parliamentary commissioner all reasonable help in 22
connection with the parliamentary commissioner performing his 23
or her functions. 24
(3) If documents are produced to the parliamentary commissioner under 25
this division, the parliamentary commissioner may keep the documents for 26
the period the parliamentary commissioner considers necessary for the 27
proper performance of the parliamentary commissioner's functions. 28
(4) While the parliamentary commissioner has possession of a document 29
under subsection (3), the parliamentary commissioner must permit a person 30
s 65 36 s 66
Crime Commission
who would be entitled to inspect the document if it were in the possession 1
of the commission, to inspect it at all reasonable times. 2
(5) A person to whom an order under subsection (2) is directed must 3
comply with the order. 4
data 5
Powers--intelligence
65.(1) The parliamentary commissioner may recommend that an agency 6
remove a restriction it has placed on intelligence data in the agency's 7
possession to allow another agency access to the data. 8
(2) The parliamentary commissioner must advise the management 9
committee of the recommendation. 10
(3) In this section-- 11
"agency" means QCC, the police service or the CJC. 12
access review 13
Powers--CJC
66.(1) For section 636, the parliamentary commissioner may, by order, 14
give the CJC access to the information, document or thing mentioned in the 15
section if the parliamentary commissioner is satisfied that-- 16
(a) the information, document or thing is relevant to the CJC's 17
investigation; and 18
(b) access to the information, document or thing will help the CJC in 19
its investigation; and 20
(c) on balance, the benefit in giving access to the information, 21
document or thing outweighs the detriment that may result if 22
access is given; and 23
(d) giving access to the information, document or thing is not 24
otherwise against the public interest. 25
(2) The parliamentary commissioner's order may authorise access to the 26
information, document or thing subject to conditions, including, for 27
example, a condition on who may have access to the information, document 28
6 Section 63 (Parliamentary commissioner to decide whether access to be given)
s 67 37 s 68
Crime Commission
or thing. 1
(3) QCC must comply with an order under subsection (1). 2
(4) The parliamentary commissioner must advise the management 3
committee of the order under subsection (1). 4
4--General 5
Division
obligations not to apply 6
Confidentiality
67.(1) No obligation to maintain secrecy or other restriction on the 7
disclosure of information, a document or thing in QCC's possession, 8
whether imposed under this or another Act or by a rule of law, applies to 9
the disclosure of information, a document or thing under this part to-- 10
(a) the parliamentary commissioner; or 11
(b) at the parliamentary commissioner's order--the CJC. 12
(2) In this section-- 13
"disclosure", of an information, document or thing, includes giving, and 14
giving access to, the information, document or thing. 15
"QCC" includes a QCC officer. 16
of parliamentary commissioner 17
Protection
68.(1) The parliamentary commissioner is not liable, whether on the 18
ground of want of jurisdiction or on another ground, to any civil or criminal 19
proceeding to which the commissioner would be liable apart from this 20
section for any act done or purportedly done under this part in good faith 21
and without negligence. 22
(2) No civil or criminal proceeding may be brought against the 23
parliamentary commissioner for an act mentioned in subsection (1) without 24
the leave of the Supreme Court. 25
(3) The Supreme Court may give leave under subsection (2) only if 26
satisfied there is substantial ground for claiming that the parliamentary 27
commissioner has not acted in good faith or has acted negligently. 28
(4) The parliamentary commissioner may not be called to give evidence 29
s 69 38 s 70
Crime Commission
or produce any document or thing in any proceeding, about anything 1
coming to the commissioner's knowledge while performing functions 2
under this part. 3
ART 5--PUBLIC INTEREST MONITOR 4
P
interest monitor 5
Public
69.(1) The Governor in Council may appoint a person (the "public 6
interest monitor") to monitor applications for, and the use of, surveillance 7
warrants and covert search warrants. 8
(2) The Governor in Council may also appoint as many deputy public 9
interest monitors as the Minister considers necessary. 10
(3) The Governor in Council may, in the appointment, fix the terms and 11
conditions of the appointment. 12
(4) The Public Service Act 1996 does not apply to the appointment of a 13
monitor. 14
(5) A monitor must not be a person who is, or who is a member of, or 15
who is employed in or by or to assist, any of the following-- 16
(a) the Queensland Children's Commissioner; 17
(b) QCC; 18
(c) the CJC; 19
(d) the director of public prosecutions; 20
(e) the office of the director of public prosecutions; 21
(f) the police service. 22
functions 23
Monitor's
70.(1) The public interest monitor has the functions mentioned in 24
subsection (2) for surveillance warrants and covert search warrants. 25
(2) The functions are-- 26
s 71 39 s 71
Crime Commission
(a) to monitor compliance by QCC with this Act in relation to 1
matters concerning applications for surveillance warrants and 2
covert search warrants; and 3
(b) to appear at any hearing of an application to a Supreme Court 4
judge or a magistrate for a surveillance warrant or covert search 5
warrant, or under section 83(5)7 , to test the validity of the 6
application, and for that purpose at the hearing-- 7
(i) present questions for the applicant to answer and examine or 8
cross examine any witness; 9
(ii) make submissions on the appropriateness of granting the 10
application; and 11
(c) to gather statistical information about the use and effectiveness of 12
surveillance warrants and covert search warrants; and 13
(d) whenever the public interest monitor considers it appropriate--to 14
give to the management committee a report on noncompliance by 15
QCC with this Act. 16
(3) Subject to the direction of the public interest monitor, a deputy public 17
interest monitor has the functions mentioned in subsection (2)(a), (b) and 18
(c). 19
annual report 20
Monitor's
71.(1) As soon as practicable after the end of each financial year, but 21
within 4 months after the end of the financial year, the public interest 22
monitor must prepare and give to the Minister a written report on the use of 23
surveillance warrants and covert search warrants. 24
(2) The Minister must table a copy of the report in the Legislative 25
Assembly within 14 sitting days after receiving the report. 26
(3) The annual report must not contain information that-- 27
(a) discloses or may lead to the disclosure of the identity of any 28
person who has been, is being, or is to be, investigated; or 29
(b) indicates a particular investigation has been, is being, or is to be 30
7 Section 83 (Emergency use of surveillance devices)
s 72 40 s 73
Crime Commission
conducted. 1
(4) The public interest monitor's report may form part of another annual 2
report the monitor is required to prepare under another Act. 3
4
Secrecy
72.(1) A person who is or was a monitor must not record, use or 5
disclose information obtained under this Act and that came to the person's 6
knowledge because of the person's involvement in the administration of 7
this Act. 8
Maximum penalty--85 penalty units or 1 year's imprisonment. 9
(2) Subsection (1) does not apply to a person's recording, use or 10
disclosure of information in the performance of his or her functions under 11
this Act. 12
(3) A person who is or was a monitor is not in any proceeding 13
compellable to disclose information obtained under this Act and that came 14
to the person's knowledge because of the person's involvement in the 15
administration of this Act. 16
PART 6--POWERS 17
Division 1--Units of public administration 18
member may require information etc. from units of 19
Commission
public administration 20
73.(1) A commission member may, by written notice given to a person 21
holding an appointment in a unit of public administration, require the person 22
to give a stated QCC officer, within the reasonable time and in the way 23
stated in the notice, information stated in the notice that-- 24
(a) is in the unit's possession; and 25
(b) is relevant to an investigation being conducted by QCC. 26
s 73 41 s 73
Crime Commission
(2) A commission member may, by written notice given to a person 1
holding an appointment in a unit of public administration, require the 2
person-- 3
(a) to attend, at a reasonable time and place stated in the notice, before 4
a stated QCC officer; and 5
(b) to produce at the time and place to the officer a document or thing 6
stated in the notice that-- 7
(i) relates to the exercise by the unit of its functions; and 8
(ii) is relevant to an investigation being conducted by QCC. 9
(3) The person must not fail to comply with a notice under subsection (1) 10
or (2), unless the person has a reasonable excuse. 11
Maximum penalty for subsection (3)--85 penalty units or 1 year's 12
imprisonment. 13
(4) If the person claims to the QCC officer to have a reasonable excuse 14
mentioned in subsection (3), the officer must-- 15
(a) if satisfied that the claim is justified--inform the person that the 16
requirement will not be insisted on; or 17
(b) otherwise--inform the person that the officer is not satisfied the 18
claim is justified and advise the person that the person may be 19
required to attend before a QCC hearing to establish the 20
reasonable excuse. 21
(5) For subsections (3) and (4), a claim of reasonable excuse includes a 22
claim on the grounds of privilege. 23
(6) A failure to comply with a notice under subsection (1) or (2) is 24
excused if a provision of another Act prescribed under a regulation for this 25
subsection excuses it. 26
(7) In this section-- 27
"holding an appointment", in a unit of public administration, means 28
holding an office, place or position in the unit, whether the 29
appointment is by way of election or selection. 30
s 74 42 s 74
Crime Commission
Division 2--Search warrants generally 1
warrant 2
Search
74.(1) An authorised QCC officer may apply to a magistrate for a 3
warrant to enter and search a place ("search warrant") to obtain evidence 4
of the commission of relevant criminal activity or a major crime being 5
investigated by QCC. 6
(2) If it is intended to do anything that may cause structural damage to a 7
building, the application must be made to a Supreme Court judge. 8
(3) The application must-- 9
(a) be sworn and state the grounds on which the warrant is sought; 10
and 11
(b) include information required under a regulation about any 12
warrants issued within the previous year in relation to the place or 13
a person suspected of being involved in the commission of the 14
relevant criminal activity or the major crime to which the 15
application relates. 16
(4) The justice, magistrate or judge (the "issuer") may refuse to consider 17
the application until the applicant gives the issuer all the information the 18
issuer requires about the application in the way the issuer requires. 19
20
Example--
21
The issuer may require additional information supporting the application to be
22
given by statutory declaration.
(5) The issuer may issue the warrant only if satisfied there are reasonable 23
grounds for suspecting there is at the place, or is likely to be at the place 24
within the next 72 hours, evidence of the commission of relevant criminal 25
activity or a major crime . 26
(6) The warrant must state-- 27
(a) that a stated QCC officer, all QCC officers, or all police officers, 28
may enter the place and exercise the powers under section 75; and 29
(b) if the warrant is issued in relation to-- 30
(i) a relevant criminal activity or a major crime--the relevant 31
criminal activity or major crime for which the warrant is 32
s 75 43 s 75
Crime Commission
issued; or 1
(ii) a forfeiture proceeding--the Act under which the forfeiture 2
proceeding is authorised; and 3
(c) any evidence that may be seized under the warrant; and 4
(d) if the warrant is to be executed at night--the hours when the place 5
may be entered; and 6
(e) the warrant ends 7 days after it is issued or, if it relates to 7
something likely to be at a place within the next 72 hours, 8
72 hours after it is issued. 9
(7) If the issuer is a magistrate, the magistrate may, in the warrant, direct 10
the person in possession of documents at the place to give to the QCC 11
officer or police officer all documents that are evidence of the commission 12
of the relevant criminal activity or the major crime. 13
(8) If a magistrate gives a direction under subsection (7), the warrant 14
must also state that failure, without reasonable excuse, to comply with the 15
direction may be dealt with as contempt of the Magistrates Court. 16
(9) In this section-- 17
"place" does not include a public place. 18
for search warrants 19
Powers
75. An authorised QCC officer or police officer has the following 20
powers under a search warrant-- 21
(a) power to enter the place specified in the warrant (the "relevant 22
place") and to stay on it for the time reasonably necessary to 23
exercise powers mentioned in paragraph (b) to (m); 24
(b) power to pass over, through, along or under another place to enter 25
the relevant place; 26
(c) power to search the relevant place for anything sought under the 27
warrant; 28
(d) power to open anything in the relevant place that is locked; 29
(e) power to detain anyone on the relevant place for the time 30
reasonably necessary to find out if the person has anything sought 31
s 76 44 s 76
Crime Commission
under the warrant; 1
(f) if the police officer reasonably suspects a person on the relevant 2
place has been involved in the commission of the relevant 3
criminal activity or the major crime to which the warrant relates 4
("the relevant criminal activity or the major crime")--power 5
to detain the person for the time taken to search the place; 6
(g) power to dig up land; 7
(h) if authorised under the warrant--power to search anyone found in 8
the relevant place for anything sought under the warrant that can 9
be concealed on the person; 10
(i) power to seize a thing found at the relevant place, or on a person 11
found at the relevant place, that the QCC officer or police officer 12
reasonably suspects may be evidence of the commission of the 13
relevant criminal activity or the major crime; 14
(j) power to muster, hold and inspect any animal the QCC officer or 15
police officer reasonably suspects may provide evidence of the 16
commission of the relevant criminal activity or the major crime; 17
(k) power to photograph anything the police officer reasonably 18
suspects may provide evidence of the commission of the relevant 19
criminal activity or the major crime; 20
(l) power to remove wall or ceiling linings or floors of a building, or 21
panels of a vehicle to search for evidence of the commission of 22
the relevant criminal activity or the major crime; 23
(m) if authorised under the warrant--power to take a vehicle to, and 24
search for evidence of the commission of the relevant criminal 25
activity or the major crime that may be concealed in a vehicle at, a 26
place with appropriate facilities for searching the vehicle. 27
to prevent loss of evidence 28
Search
76.(1) This section applies if an authorised QCC officer reasonably 29
suspects that-- 30
(a) a thing at or about a place, or in the possession of a person at or 31
about a place is evidence of the commission of relevant criminal 32
activity or a major crime being investigated by QCC; and 33
s 77 45 s 77
Crime Commission
(b) the thing may be concealed or destroyed unless the place is 1
immediately entered and searched. 2
(2) The authorised QCC officer may enter the place and exercise the 3
powers under section 75 (other than power to do something that may cause 4
structural damage to a building) as if they were conferred under a search 5
warrant. 6
(3) As soon as reasonably practicable after exercising the powers, the 7
authorised QCC officer must apply to a magistrate for an order approving 8
the search. 9
(4) The magistrate may make an order approving the search only if 10
satisfied-- 11
(a) in the circumstances existing before the search-- 12
(i) the QCC officer, before exercising the powers, had a 13
reasonable suspicion for exercising the powers; and 14
(ii) there was a reasonable likelihood that the evidence would be 15
concealed or destroyed; or 16
(b) having regard to the nature of the evidence found during the 17
search it is in the public interest to make the order. 18
(5) If the magistrate refuses to make an order under this section, the 19
magistrate may order that the QCC officer retain, dispose of, return or 20
destroy anything seized. 21
(6) Within 28 days after a magistrate orders the disposal, return or 22
destruction of a thing, the authorised QCC officer may appeal against the 23
order to the Supreme Court. 24
(7) If the authorised officer appeals, the officer must retain the thing 25
seized until the appeal is decided. 26
(8) The court may order the retention, disposal, return or destruction of 27
the thing. 28
warrant copy, officer's details, receipt for seized thing etc. 29
Supplying
77.(1) This section applies if a QCC officer or police officer-- 30
(a) searches a place under a warrant under this division; or 31
s 78 46 s 78
Crime Commission
(b) seizes any property under a warrant under this division. 1
(2) The officer must give to the occupier of the place a copy of the 2
warrant and a statement summarising the person's rights and obligations 3
under the warrant. 4
(3) If the occupier is not present, the officer must leave the copy at the 5
place in a reasonably secure way and in a conspicuous place. 6
(4) Also the officer must, as soon as is reasonably practicable after 7
exercising a power, inform the person the subject of the power of the 8
following-- 9
(a) the fact that the officer is a QCC officer or police officer; 10
(b) the officer's name; and 11
(c) if the QCC officer is a police officer--his or her rank and station. 12
(5) If the officer is not a police officer in uniform the officer must also 13
produce for inspection his or her identity card. 14
(6) If 2 or more officers are searching a place only the officer in charge 15
of the search is required to comply with subsections (4) and (5), unless a 16
person asks another officer for the information. 17
(7) As soon as practicable after a thing is seized under the warrant by a 18
QCC officer or police officer, the officer must give a receipt for it to the 19
person from whom it was seized. 20
(8) The receipt must describe the thing seized and include any 21
information statement that may be required under a regulation. 22
(9) However, if for any reason it is not practicable to comply with 23
subsection (7), the officer must leave the receipt at the place of seizure in a 24
reasonably secure way and in a conspicuous position. 25
(10) The officer must ensure the details of the search and anything seized 26
are recorded in the warrants register. 27
after property is seized 28
Requirements
78.(1) Within 28 days after a QCC officer or police officer seizes 29
anything under a warrant under this division, the officer must apply to a 30
magistrate for an order under subsection (4) about the thing seized, 31
unless-- 32
s 78 47 s 78
Crime Commission
(a) a proceeding has been started about the thing seized; or 1
(b) consent to the continued keeping of the thing has been given by 2
the owner or the person who had lawful possession of the thing 3
before it was seized; or 4
(c) it is destroyed under the authority of another Act. 5
(2) The QCC officer or police officer must also make an application to a 6
magistrate for an order under subsection (4) about the thing seized within 7
28 days of either of the following happening-- 8
(a) a proceeding started about the thing is discontinued without any 9
order being made about it; 10
(b) the consent to the continued keeping of the thing, previously 11
given by the owner or person who had lawful possession of the 12
thing before it was seized, is withdrawn. 13
(3) An application under subsection (1) or (2) must be accompanied by 14
any warrant under which the thing is seized, with a record on it under 15
section 1298 16
(4) The magistrate may, in relation to the thing, order-- 17
(a) that it be kept in the possession of QCC or another law 18
enforcement agency until the end of any proceeding involving the 19
thing and any appeal; or 20
(b) that it be returned, or photographed and returned, to its owner or 21
the person who had lawful possession of it before it was seized 22
on condition that the owner or person undertakes to produce it 23
before a court in any later proceeding involving the thing; or 24
(c) that it be dealt with by way of proceeding under the Justices Act 25
1886, section 399 or a forfeiture proceeding; or 26
(d) that it be disposed of or destroyed in the way the magistrate 27
orders. 28
8 Section 129 (Record of execution of warrant)
9 Justices Act 1886, section 39 (Power of court to order delivery of certain
property)
s 79 48 s 82
Crime Commission
to seized things 1
Access
79. Until a seized thing is returned or otherwise finally dealt with, QCC, 2
or another law enforcement agency in whose possession it is, must allow its 3
owner at any reasonable time-- 4
(a) to inspect it; or 5
(b) if it is a document--to make copies of it. 6
of seized things 7
Return
80. QCC, or another law enforcement agency in whose possession a 8
seized thing is, must return the seized thing to its owner-- 9
(a) if the thing is required as evidence for a prosecution and subject to 10
any order made by a court--at the end of the prosecution and any 11
appeal from the prosecution; or 12
(b) immediately QCC or the other law enforcement agency stops 13
being satisfied its retention as evidence is necessary. 14
Division 3--Surveillance powers 15
Acts do not apply to this part 16
Certain
81. The Libraries and Archives Act 1988 and the Freedom of 17
Information Act 1992 do not apply to activities or records under this part. 18
warrants 19
Surveillance
82.(1) This section applies if the crime commissioner reasonably 20
believes a person (the "suspect") is or has been involved in relevant 21
criminal activity or a major crime being investigated by QCC. 22
(2) An authorised QCC officer may, with the crime commissioner's 23
approval, apply for a warrant ("surveillance warrant") authorising the use 24
of a surveillance device. 25
(3) For subsection (2), an authorised QCC officer who is a police officer 26
must be of at least the rank of inspector. 27
s 82 49 s 82
Crime Commission
(4) If the application is for a surveillance warrant for-- 1
(a) a class A device or a class A and a class B device to be used 2
together--the application must be made to a Supreme Court 3
judge; or 4
(b) a class B device--the application must be made to a magistrate. 5
(5) The application must-- 6
(a) be sworn and state the grounds on which the warrant is sought; 7
and 8
(b) include information stated under a regulation about any warrants 9
issued in relation to the place or suspect stated in the application 10
within the previous year. 11
(6) The applicant must advise the public interest monitor of the 12
application under arrangements decided by the monitor. 13
(7) The judge or magistrate (the "issuer") may refuse to consider the 14
application until the applicant gives the issuer all the information the issuer 15
requires about the application in the way the issuer requires. 16
17
Example--
18
The issuer may require additional information supporting the application to be
19
given by statutory declaration.
(8) The issuer must hear the application in the absence of anyone other 20
than the following-- 21
(a) the applicant; 22
(b) a monitor; 23
(c) someone the issuer permits to be present; 24
(d) a lawyer representing anyone mentioned in paragraphs (a) to (c). 25
(9) Also, the issuer must hear the application-- 26
(a) in the absence of the suspect or anyone likely to inform the 27
suspect of the application; and 28
(b) without the suspect having been informed of the application. 29
(10) In particular, the issuer must consider the following-- 30
(a) the nature and seriousness of the relevant criminal activity or the 31
s 82 50 s 82
Crime Commission
major crime; 1
(b) for a class A device--the likely extent of interference with the 2
privacy of the suspect if the warrant is issued; 3
(c) the extent to which issuing the warrant would help prevent, detect 4
or provide evidence of the relevant criminal activity or the major 5
crime; 6
(d) the benefits derived from the issue of any previous surveillance 7
warrants in relation to the suspect; 8
(e) the extent to which police officers investigating the offence have 9
used or can use conventional ways of investigation; 10
(f) how much the use of conventional ways of investigation would 11
be likely to help in the investigation of the relevant criminal 12
activity or the major crime; 13
(g) how much the use of conventional ways of investigation would 14
prejudice the investigation of the relevant criminal activity or the 15
major crime because of delay or for another reason; 16
(h) any submissions made by the monitor. 17
(11) The issuer may issue the warrant if satisfied there are reasonable 18
grounds for believing a person at a place or class of place mentioned in the 19
warrant is or is likely to be involved in relevant criminal activity or a major 20
crime being investigated by QCC mentioned in the warrant. 21
(12) However, if, under a surveillance warrant for a class A device, a 22
visual surveillance device is to be installed in a dwelling, the issuer must 23
specify in the warrant the parts of the dwelling in which the device may be 24
installed. 25
(13) Also, the issuer must not issue a warrant for the use of a class A 26
device in the office of a practising lawyer unless the application for the 27
warrant relates to the lawyer's involvement in relevant criminal activity or a 28
major crime being investigated by QCC. 29
(14) The warrant must authorise a stated QCC officer or all authorised 30
QCC officers to exercise the powers under section 8410. 31
10 Section 84 (Powers under surveillance warrant)
s 82 51 s 82
Crime Commission
(15) The issuer may impose any conditions on the warrant that the issuer 1
considers are necessary in the public interest including, but not limited to-- 2
(a) a condition requiring regular reporting to the issuer or a monitor 3
on activities under the warrant; and 4
(b) a condition requiring that, if a listening device is to be used in a 5
public place or class of place, the officer, before installing or 6
using the device, must have a reasonable belief that the suspect is 7
or will be in the place where the device is to be used. 8
9
Example for subsection (15)(b)--
10
The warrant may be issued for any motel in a stated area because the officer may
11
have a reasonable belief that the person may be in a motel but not know in advance
12
which one, but the device may only be installed if the officer believes the person is
13
likely to be in the place.
(16) The issuer may, after considering any report made under 14
subsection (15)(a), require the destruction of any recordings made that are 15
not related to the relevant criminal activity or the major crime mentioned in 16
the warrant, unless the recording relates to an investigation by QCC of other 17
relevant criminal activity or another major crime. 18
(17) A surveillance warrant is in force for 30 days or a shorter time 19
stated in the warrant and may be extended from time to time on application. 20
(18) The provisions of this section for an application for a warrant apply 21
to an application for an extension with all necessary changes. 22
(19) Despite subsection (17), the warrant stops having effect before the 23
end of the period mentioned in subsection (17) if the investigation under the 24
warrant ends, unless, while using the surveillance device under the warrant 25
for the original investigation, evidence is gained of other relevant criminal 26
activity or another major crime. 27
(20) Despite the Recording of Evidence Act 1962, a transcript of the 28
application or any order made on it must not be made. 29
(21) A person must not publish a report of a proceeding on an 30
application under subsection (2) or (17). 31
Maximum penalty for subsection (21)--85 penalty units or 1 year's 32
imprisonment. 33
(22) A person is not entitled to search information in the custody of a 34
s 83 52 s 83
Crime Commission
court in relation to an application under subsection (2) or (17), unless a 1
judge otherwise orders. 2
use of surveillance devices 3
Emergency
83.(1) This section applies if the crime commissioner reasonably 4
believes-- 5
(a) there is a risk of serious injury to a person from relevant criminal 6
activity or a major crime being investigated by QCC; and 7
(b) using a surveillance device may help reduce the risk. 8
(2) With the approval of the crime commissioner, an authorised QCC 9
officer may authorise the use of a surveillance device. 10
(3) For subsection (2), an authorised QCC officer who is a police officer 11
must be of at least the rank of inspector. 12
(4) For using a surveillance device under an authority under this section, 13
QCC officer may exercise any of the powers a QCC officer may exercise 14
under a surveillance warrant. 15
(5) Within 7 days after authorising the use of a surveillance device, the 16
authorised QCC officer must apply to a Supreme Court judge for approval 17
of the exercise of the powers under subsection (2). 18
(6) Section 82(5) to (10) and (20) to (22) applies to the application with 19
all necessary changes, including that a reference to a warrant is taken to be a 20
reference to an approval. 21
(7) The judge may require the destruction of any recordings made that 22
were not related to relevant criminal activity or major crime being 23
investigated by QCC. 24
(8) After considering the application, the Supreme Court judge may 25
approve the exercise of the powers under subsection (2). 26
(9) Evidence obtained because of the exercise of powers approved under 27
subsection (8) is admissible in a proceeding for an offence. 28
(10) Information obtained under this section may be provided to any 29
person or organisation involved in helping reduce the risk of serious injury 30
to a person. 31
s 84 53 s 85
Crime Commission
under surveillance warrant 1
Powers
84. A QCC officer who executes a surveillance warrant has the following 2
powers under the warrant-- 3
(a) for a surveillance warrant-- 4
(i) for a class A device--power to enter a place or class of place 5
stated in the warrant, covertly or through subterfuge, to 6
install, maintain, replace or remove a surveillance device; or 7
(ii) for a class B device--power to enter a vehicle or another 8
moveable object, or open a thing, to install, maintain, replace 9
or remove a tracking device; 10
(b) for a listening device or visual surveillance device--power to 11
intercept and record conversations and monitor and record visual 12
images even though it may otherwise be an offence under the 13
Invasion of Privacy Act 1971; 14
(c) power to take electricity for using a surveillance device; 15
(d) power to use reasonable force to install, maintain, replace or 16
remove a surveillance device; 17
(e) power to use 1 or more surveillance devices, whether of the same 18
or a different kind, in the same place; 19
(f) power to pass through, over, under or along a place to get to the 20
place where the surveillance device is to be used. 21
of information obtained using surveillance warrant 22
Disclosure
85.(1) This section applies to information that has not been disclosed in a 23
proceeding in open court and was obtained by using a listening device or a 24
visual surveillance device under the powers of a surveillance warrant (the 25
"relevant information"). 26
(2) A person who obtained relevant information must not disclose the 27
information to someone other than-- 28
(a) the judge or magistrate who issued the warrant or who is hearing 29
an application for an extension of the warrant or an application 30
s 86 54 s 86
Crime Commission
under section 8311 or an application for a warrant in relation to the 1
same or a different person; or 2
(b) a court taking evidence about a charge of an offence in which the 3
information is evidence; or 4
(c) the crime commissioner or a person authorised by the crime 5
commissioner; 6
(d) a QCC officer, police officer or other law enforcement officer 7
involved in-- 8
(i) the investigation into the relevant criminal activity or the 9
major crime for which the powers were exercised; or 10
(ii) an investigation of any indictable offence started because of 11
information obtained under the warrant or linked to the 12
offence under investigation; or 13
(iii) a proceeding in which the information is evidence; or 14
(e) a declared law enforcement agency; or 15
(f) a public prosecutor but only for use in a proceeding in which the 16
information is evidence or for an application for an extension of 17
the warrant or for an application under section 83 or for the issue 18
of another surveillance warrant; or 19
(g) a lawyer representing a person in a proceeding in which the 20
information is evidence; or 21
(h) a monitor; or 22
(i) a person transcribing or making copies of recordings. 23
to be kept 24
Register
86.(1) QCC must keep a register of information disclosed under 25
section 85(2)(d)(ii) or (e). 26
(2) QCC must keep the register in a secure place. 27
(3) The register must state-- 28
11 Section 83 (Emergency use of surveillance devices)
s 87 55 s 88
Crime Commission
(a) the name of the person to whom the information is disclosed; and 1
(b) brief particulars of the information disclosed and the reasons for 2
disclosing it; and 3
(c) when the information was disclosed. 4
(4) The register is not open to inspection by anyone other than-- 5
(a) a police officer or declared law enforcement agency conducting an 6
investigation in which the information may be relevant; or 7
(b) the monitor; or 8
(c) the Supreme Court judge or the magistrate who issued or 9
extended the warrant. 10
(5) This section does not apply to information that has been used in a 11
proceeding as evidence. 12
of records 13
Destruction
87.(1) QCC must keep all information obtained under the powers of a 14
surveillance warrant and transcripts of recordings made under the powers in 15
a secure place. 16
(2) QCC must ensure any recording or photograph made under the 17
powers of a surveillance warrant or a transcript or copy made from 18
information obtained under the powers is destroyed as soon as practicable 19
after it is no longer required. 20
(3) Subsection (2) does not prevent information relevant to any offence 21
of which anyone has been convicted being preserved for any period or 22
indefinitely if there is any possibility that an issue about the conviction may 23
arise. 24
search warrants 25
Covert
88.(1) An authorised QCC officer, with the crime commissioner's 26
approval, may apply to a Supreme Court judge for a warrant under this 27
section (a "covert search warrant") to enter and search a place for 28
evidence of relevant criminal activity or a major crime being investigated by 29
QCC. 30
s 88 56 s 88
Crime Commission
(2) For subsection (1), an authorised QCC officer who is a police officer 1
must be of at least the rank of inspector. 2
(3) The application must-- 3
(a) be sworn and state the grounds on which the warrant is sought; 4
and 5
(b) include information about any warrants issued in relation to the 6
place or suspect stated in the application within the previous year. 7
(4) The applicant must advise the public interest monitor of the 8
application under arrangements decided by the monitor. 9
(5) The judge may refuse to consider the application until the QCC 10
officer gives the judge all the information the judge requires about the 11
application in the way the judge requires. 12
13
Example--
14
The judge may require additional information supporting the application to be
15
given by statutory declaration.
(6) The judge must hear the application in the absence of anyone other 16
than the following-- 17
(a) the applicant; 18
(b) a monitor; 19
(c) someone the judge permits to be present; 20
(d) a lawyer representing anyone mentioned in paragraphs (a) to (c). 21
(7) Also the judge must hear the application-- 22
(a) in the absence of the suspect or anyone likely to inform the 23
suspect of the application; and 24
(b) without the suspect having been informed of the application. 25
(8) Before issuing the warrant, the judge must consider the following-- 26
(a) the nature and seriousness of the relevant criminal activity or 27
major crime; 28
(b) the extent to which issuing the warrant would help prevent, detect 29
or provide evidence of, the relevant criminal activity or major 30
crime; 31
s 88 57 s 88
Crime Commission
(c) the benefits derived from any previous covert search warrants, 1
search warrants or the use of any surveillance device in relation to 2
the suspect or place; 3
(d) the extent to which anyone investigating the relevant criminal 4
activity or the major crime has used or can use conventional ways 5
of investigation; 6
(e) how much the use of conventional ways of investigation would 7
be likely to help in the investigation of the relevant criminal 8
activity or the major crime; 9
(f) how much the use of conventional ways of investigation would 10
prejudice the investigation of the relevant criminal activity or the 11
major crime; 12
(g) any submissions made by a monitor. 13
(9) The judge may issue the warrant only if satisfied there are reasonable 14
grounds for believing there is, in or on a place, evidence of relevant criminal 15
activity or a major crime that QCC is investigating. 16
(10) The warrant must state-- 17
(a) that a stated QCC officer, or all authorised QCC officers, may, 18
with reasonable help and force, enter the place, covertly or by 19
subterfuge and exercise the powers under section 89; and 20
(b) the relevant criminal activity or the major crime for which the 21
warrant was issued; and 22
(c) any evidence or samples of evidence that may be seized under the 23
warrant; and 24
(d) that the warrant may be executed at any time of the day or night; 25
and 26
(e) that, if practicable, the search must be videotaped; and 27
(f) the date when the warrant ends. 28
(11) The judge may impose any conditions on the warrant that the judge 29
considers are necessary in the public interest. 30
(12) A covert search warrant is in force for 30 days or a shorter period 31
stated in the warrant, and may be extended from time to time on application, 32
but ends immediately after the initial search ends. 33
s 89 58 s 89
Crime Commission
(13) The provisions of this section for an application for a warrant apply 1
to an application for an extension with all necessary changes. 2
(14) Despite the Recording of Evidence Act 1962, a transcript of an 3
application for a covert search warrant and any order made on it must not be 4
made. 5
(15) A person must not publish a report of a proceeding under this 6
section. 7
Maximum penalty for subsection (15)--85 penalty units or 1 year's 8
imprisonment. 9
(16) A person is not entitled to search information in the custody of the 10
Supreme Court in relation to an application for a covert search warrant, 11
unless a Supreme Court judge otherwise orders. 12
for covert search warrant 13
Powers
89. A QCC officer who executes a covert search warrant has the 14
following powers under the warrant-- 15
(a) power to enter the place stated in the warrant (the "relevant 16
place"), covertly or through subterfuge, as often as is reasonably 17
necessary for the purposes of the warrant and stay on it for the 18
time reasonably necessary; 19
(b) power to pass over, through, along or under another place to enter 20
the relevant place; 21
(c) power to search the relevant place for anything sought under the 22
warrant; 23
(d) power to open anything in the relevant place that is locked; 24
(e) power to seize a thing or part of a thing found on the relevant 25
place that the QCC officer reasonably believes is evidence of the 26
commission of relevant criminal activity or the major crime stated 27
in the warrant; or 28
(f) power to photograph anything the QCC officer reasonably 29
believes may provide evidence of the commission of relevant 30
criminal activity or the major crime stated in the warrant; 31
(g) power to inspect or test anything found on the place. 32
s 90 59 s 92
Crime Commission
on covert search 1
Report
90.(1) Within 7 days after executing a covert search warrant, the 2
applicant must give to the Supreme Court judge who issued the warrant and 3
a monitor a report containing information required under a regulation on the 4
exercise of the powers under the warrant. 5
(2) The applicant must, if practicable, also take before the judge anything 6
seized under the warrant and any photograph taken during the search. 7
(3) The judge may, in relation to a thing mentioned in subsection (2), 8
order that-- 9
(a) it be held by QCC until any proceeding in which the thing may be 10
evidence ends; or 11
(b) it be dealt with in the way the judge orders. 12
of the Invasion of Privacy Act 13
Application
91. A listening device used for the interception of private conversations 14
under the authority of a surveillance warrant-- 15
(a) for the Invasion of Privacy Act 1971, section 45(2) or 47--is to 16
be taken to have been used under an authorisation given under 17
section 43(2)(c)(i) of that Act; and 18
(b) for the Invasion of Privacy Act 1971, part 4, other than 19
section 45(2) or 47--is not to be taken to have been used in 20
contravention of section 4312 of that Act. 21
4--Warrants register 22
Division
of warrants and applications for warrants 23
Register
92.(1) QCC must keep a register of applications for warrants under 24
division 2 or 3 in the way QCC considers appropriate. 25
12 Invasion of Privacy Act 1971, section 45 (Prohibition on communication or
publication of private conversations by parties thereto), section 47 (Destruction
of irrelevant records made by the use of a listening device), part 4 (Listening
devices), section 43 (Prohibition on use of listening devices)
s 93 60 s 93
Crime Commission
(2) The register is not open to inspection by anyone other than the 1
following-- 2
(a) QCC; 3
(b) a QCC officer making an application for a warrant under division 4
2 or 3; 5
(c) a monitor; 6
(d) the parliamentary commissioner. 7
5--Notice to produce 8
Division
to produce 9
Notice
93.(1) The crime commissioner may, by notice ("notice to produce") 10
given to a person, require the person to produce, within a stated time, to a 11
stated QCC officer a specified document or thing that the crime 12
commissioner believes, on reasonable grounds, is relevant to an 13
investigation being conducted by QCC. 14
(2) A notice to produce may be given whether or not QCC is conducting 15
a hearing for the investigation. 16
(3) The notice to produce may require the immediate production of a 17
document or thing to a stated QCC officer if the crime commissioner 18
believes, on reasonable grounds, that delay in the production of the 19
document may result in-- 20
(a) its destruction, removal or concealment; or 21
(b) serious prejudice to the conduct of the investigation. 22
(4) The notice to produce may also provide that the person must not 23
disclose information contained in the notice, as defined under 24
section 119(5)13, to anyone. 25
(5) The person must comply with the notice to produce, unless the 26
person has a reasonable excuse. 27
Maximum penalty for subsection (5)--85 penalty units or 1 year's 28
13 Section 119 (Disclosures about QCC notices)
s 94 61 s 94
Crime Commission
imprisonment. 1
(6) For subsection (5), a claim of reasonable excuse includes a claim on 2
the grounds of privilege. 3
to produce--claim of privilege 4
Notice
94.(1) This section applies if-- 5
(a) a person is given a notice to produce that requires the person to 6
produce a stated document or thing to a stated QCC officer; and 7
(b) the person acknowledges that the document or thing is in the 8
person's possession; and 9
(c) the person claims to have reasonable excuse for not complying 10
with the notice. 11
(2) QCC's representative must-- 12
(a) advise the person that the person may be required to attend before 13
a QCC hearing to establish the reasonable excuse; and 14
(b) require the person to immediately seal the document or thing and 15
give it to QCC's representative for safe keeping. 16
(3) The person must immediately seal the document or thing and give it 17
to QCC's representative for safe keeping. 18
Maximum penalty for subsection (3)--85 penalty units or 1 year's 19
imprisonment. 20
(4) QCC's representative must-- 21
(a) give the person a receipt for the sealed document or thing; and 22
(b) place it in safe custody at QCC's place of business at the earliest 23
reasonable opportunity. 24
(5) A person must not, without reasonable excuse, open the sealed 25
document or thing unless authorised to open it under this Act or a court 26
order. 27
Maximum penalty for subsection (5)--85 penalty units or 1 year's 28
imprisonment. 29
(6) QCC must return any sealed document or thing given to QCC's 30
s 95 62 s 95
Crime Commission
representative by a person under subsection (3) within 7 days if QCC has 1
not by the end of that period given the person an attendance notice under 2
section 95(1)(c). 3
(7) In this section-- 4
"QCC's representative" means the QCC officer or other person who 5
gives the notice to produce. 6
Division 6--Attendance notice 7
notice 8
Attendance
95.(1) The crime commissioner may, by written notice ("attendance 9
notice"), require a person to attend at a QCC hearing at a stated time and 10
place until excused, for 1 or more of the following-- 11
(a) to give evidence; 12
(b) to produce a stated document or thing; 13
(c) to establish a reasonable excuse claimed in relation to stated 14
information or document or thing the person is required to give or 15
produce under a written notice under section 7314; 16
(d) to establish a reasonable excuse claimed in relation to a stated 17
document or thing the person is required to produce under a 18
notice to produce. 19
(2) On application by an authorised QCC officer, made with the approval 20
of the crime commissioner, a Supreme Court judge may by written notice 21
(also an "attendance notice") require a person to attend immediately at a 22
QCC hearing at a stated place if the judge is satisfied, on reasonable 23
grounds, that delay in attendance might result in-- 24
(a) the commission of an offence; or 25
(b) an offender or suspected offender absconding; or 26
(c) the loss or destruction of evidence; or 27
14 Section 73 (Commission member may require information etc. from units of
public administration)
s 96 63 s 97
Crime Commission
(d) serious prejudice to the conduct of an investigation being 1
conducted by QCC. 2
(3) An attendance notice must state, so far as reasonably practicable, the 3
general nature of the matters about which the person may be questioned at 4
the QCC hearing. 5
(4) An attendance notice need not comply with subsection (3) if the 6
issuer is satisfied that, in the particular circumstances of an investigation to 7
which the hearing relates, stating the matters would prejudice the 8
effectiveness of the investigation. 9
(5) A failure to comply with subsection (3) does not prevent QCC from 10
questioning the person about any matter that relates to an investigation. 11
not to attend hearing 12
Offence
96. A person served with an attendance notice to attend at a QCC hearing 13
must not-- 14
(a) fail, without reasonable excuse, to attend as required by the notice; 15
or 16
(b) fail, without reasonable excuse, to continue to attend as required 17
by the presiding member until excused from further attendance. 18
Maximum penalty--85 penalty units or 1 year's imprisonment. 19
Division 7--Arrest 20
warrant 21
Arrest
97.(1) An authorised QCC officer, with the crime commissioner's 22
approval, may apply to a Supreme Court judge for a warrant for the arrest 23
of a person ("arrest warrant") who has been given an attendance notice. 24
(2) The judge may issue a warrant for the arrest of the person if the judge 25
is satisfied-- 26
(a) on sworn evidence before the judge-- 27
(i) the person-- 28
(A) has been given the attendance notice; and 29
s 97 64 s 97
Crime Commission
(B) has, without reasonable excuse, failed to attend at the 1
QCC hearing as required by the notice; or 2
(ii) the person has made a representation that the person intends 3
not to attend at a QCC hearing as required by the attendance 4
notice; and 5
(b) it is in the public interest that the person be compelled to attend at 6
the hearing to avoid prejudice to the conduct of an investigation. 7
(3) For subsection (2)(a)(ii), an arrest warrant may be issued even 8
though the time stated in the attendance notice for the person to attend has 9
not yet passed. 10
(4) The arrest warrant authorises-- 11
(a) the arrest of the person; and 12
(b) the person being brought immediately before a QCC hearing; and 13
(c) the person being detained for that purpose until excused from 14
attendance at the hearing by the presiding member at the hearing. 15
(5) Unless the arrest warrant otherwise provides, if the person is required 16
to be detained overnight, QCC must arrange for the person is to be provided 17
with accommodation and meals to a standard comparable to that generally 18
provided to jurors kept together overnight. 19
(6) The arrest warrant may be executed by any police officer or by any 20
person to whom it is addressed. 21
(7) A person executing the arrest warrant may use the force that is 22
reasonably necessary, including force to enter premises, to execute the 23
warrant. 24
(8) The issue of an arrest warrant for the arrest of the person, or the arrest 25
of the person under the arrest warrant, does not relieve the person from any 26
liability incurred by the person for noncompliance with the attendance 27
notice. 28
(9) In this section-- 29
"representation" includes-- 30
(a) an express or implied representation, whether oral or in writing; 31
and 32
s 98 65 s 99
Crime Commission
(b) a representation inferred from conduct; and 1
(c) a representation not intended by its maker to be communicated to 2
or seen by another person. 3
8--General 4
Division
powers generally 5
QCC's
98.(1) Without limiting QCC's specific powers under this or another 6
Act, QCC has power to do all things necessary or convenient to be done for 7
or in connection with, or reasonably incidental to, the performance of its 8
functions. 9
(2) Without limiting section 35 15, the crime commissioner may exercise 10
any power that may be exercised by QCC. 11
power to seize evidence 12
General
99.(1) This section applies if a QCC officer or police officer lawfully 13
enters a place, or is at a public place, and finds at the place a thing the officer 14
reasonably suspects is evidence of the commission of relevant criminal 15
activity or a major crime that QCC is investigating. 16
(2) The officer may seize the thing, whether or not as evidence under a 17
warrant and, if the place is entered under a warrant, whether or not the 18
warrant was issued for the relevant criminal activity or major crime. 19
(3) Also, the officer may-- 20
(a) photograph the thing seized or the place from which the thing was 21
seized; and 22
(b) stay on the place and re-enter it for the time reasonably necessary 23
to remove the thing from the place. 24
(4) If the thing is seized at a place entered under a covert warrant, 25
section 9016 applies as if the thing had been seized under the warrant. 26
15 Section 35 (Delegation)
16 Section 90 (Report on covert search)
s 100 66 s 101
Crime Commission
(5) Otherwise, section 7817 applies as if the thing had been seized under a 1
warrant under part 6, division 218. 2
ART 7--HEARINGS 3
P
may hold hearings 4
QCC
100.(1) QCC may hold a hearing for an investigation. 5
(2) A hearing may be conducted by 1 or more commission members as 6
decided by the crime commissioner. 7
(3) If the hearing is conducted by 1 commission member, the member is 8
the presiding member for the hearing. 9
(4) If a hearing is conducted before more than 1 commission member, 10
the presiding member for the hearing is-- 11
(a) if the crime commissioner is 1 of the members conducting the 12
hearing--the crime commissioner; or 13
(b) otherwise--the member appointed by the crime commissioner as 14
the presiding member. 15
(5) A commission member may be the presiding member for a hearing 16
only if the member is a lawyer. 17
(6) A commission member conducting a hearing is taken, for the 18
purposes of the hearing, to be QCC. 19
of hearings 20
Conduct
101.(1) When conducting a hearing, QCC-- 21
(a) is not bound by the rules of evidence; and 22
(b) may inform itself of anything in the way it considers appropriate; 23
and 24
17 Section 78 (Requirements after property is seized)
18 Part 6 (Powers), division 2 (Search warrants generally)
s 102 67 s 102
Crime Commission
(c) may decide the procedures to be followed for the proceeding. 1
(2) A person nominated by the presiding member for the purpose may 2
administer an oath or affirmation, or take a statutory declaration, required by 3
the presiding member. 4
are closed 5
Hearings
102.(1) A QCC hearing is not open to the public, unless the hearing is 6
open to the public under subsection (2). 7
(2) The presiding member may open the hearing to the public if the 8
management committee approves. 9
(3) The management committee may approve a hearing to be open to the 10
public if it considers opening the hearing to the public-- 11
(a) will make the investigation to which the hearing relates more 12
effective and would not be unfair to a person or contrary to the 13
public interest; or 14
(b) closing the hearing to the public would be unfair to a person or 15
contrary to the public interest. 16
(4) The presiding member may give directions about who may be 17
present during the hearing or part of the hearing. 18
(5) However, a lawyer representing the person giving evidence is entitled 19
to be present during the giving of that person's evidence. 20
(6) A person must not be present at a hearing or part of a hearing, unless 21
the person is authorised to be present because of-- 22
(a) a direction under subsection (4); or 23
(b) an entitlement under subsection (5). 24
Maximum penalty for subsection (6)--85 penalty units or 1 year's 25
imprisonment. 26
(7) The presiding member must ensure a record is made of the name of 27
each person present at the hearing and the time the person was present at the 28
hearing. 29
(8) Each person lawfully present at the hearing may examine the record 30
of the names and times. 31
s 103 68 s 105
Crime Commission
representation and examination 1
Legal
103.(1) A person giving evidence at a QCC hearing ("witness") may be 2
legally represented at the hearing. 3
(2) A witness may be examined, cross-examined or re-examined on any 4
matter the presiding member considers relevant by-- 5
(a) counsel assisting QCC at the hearing; or 6
(b) a person authorised by the presiding member; or 7
(c) a lawyer representing the witness. 8
(3) The presiding member may allow a person who is not giving 9
evidence at the hearing to be legally represented at the hearing if the member 10
considers there are special circumstances. 11
to interpreter 12
Right
104.(1) This section applies if the presiding member at a QCC hearing 13
reasonably suspects a witness is unable, because of inadequate knowledge 14
of the English language or a physical disability, to understand what is being 15
said or to speak with reasonable fluency in English. 16
(2) Before the person is questioned, the presiding member must arrange 17
for the presence of an interpreter and delay the questioning until the 18
interpreter is present. 19
to produce--claim of reasonable excuse 20
Refusal
105.(1) A person required to produce a stated document or thing at a 21
QCC hearing under an attendance notice must-- 22
(a) if the document or thing is in the person's possession, in all cases 23
bring the document or thing to the hearing; and 24
(b) produce the document or thing at the hearing, unless the person 25
has a reasonable excuse. 26
Maximum penalty--85 penalty units or 1 year's imprisonment. 27
(2) A claim of privilege, other than legal professional privilege, is not a 28
reasonable excuse for subsection (1)(b). 29
s 105 69 s 105
Crime Commission
(3) A claim of legal professional privilege is not a reasonable excuse for 1
subsection (1) if-- 2
(a) the person has authority to waive the privilege and waives it; or 3
(b) the privilege is waived by a person having authority to waive it. 4
(4) The presiding member must decide a claim of reasonable excuse 5
mentioned in subsection (1)(b) under section 108.19 6
(5) If the person-- 7
(a) at the hearing refuses to produce the document or thing on the 8
ground that legal professional privilege attaches to the document 9
or thing; and 10
(b) has no authority to waive the privilege; 11
the person must, if required by the presiding member-- 12
(c) tell the member the name and address of the person entitled to 13
waive the privilege; and 14
(d) seal the document or thing and at the hearing give it to QCC for 15
safe keeping 16
Maximum penalty for subsection (5)--85 penalty units or 1 year's 17
imprisonment. 18
(6) QCC must-- 19
(a) give the person a receipt for the sealed document or thing; and 20
(b) place it in safe custody at QCC's place of business at the earliest 21
reasonable opportunity. 22
(7) A person must not, without reasonable excuse, open the sealed 23
document or thing unless authorised to open it under this Act or a court 24
order. 25
Maximum penalty for subsection (7)--85 penalty units or 1 year's 26
imprisonment. 27
(8) QCC must return the sealed document or thing to the person who 28
gave it to QCC if QCC has not within 3 months given the person entitled to 29
19 Section 108 (Presiding member must decide whether refusal to answer questions
or produce documents or things is justified)
s 106 70 s 107
Crime Commission
waive the privilege a notice to attend a hearing and to produce the document 1
or thing. 2
of sealed documents or things for decision on claim of privilege 3
Return
at hearing 4
106.(1) If-- 5
(a) a person has given to a QCC representative under section 94(3)20 6
a sealed document or thing; and 7
(b) QCC has given the person a notice to attend a hearing to produce 8
the document or thing; 9
QCC must return the sealed document or thing to the person at the hearing 10
before the person is required at the hearing to produce the document or 11
thing. 12
(2) If-- 13
(a) a person has given QCC under section 105(5)(d) a sealed 14
document or thing; and 15
(b) QCC has given another person a notice to attend a hearing to 16
produce the document or thing; 17
QCC must give the document or thing to the person attending the hearing 18
before the person is required at the hearing to produce the document or 19
thing. 20
to take oath or affirmation or to answer question 21
Refusal
107.(1) A person attending as a witness at a QCC hearing must not fail 22
to take an oath or make an affirmation when required by the presiding 23
member. 24
Maximum penalty--85 penalty units or 1 year's imprisonment. 25
(2) A person attending as a witness at a QCC hearing must answer a 26
question put to the person at the hearing. 27
Maximum penalty for subsection (2)--85 penalty units or 1 year's 28
20 Section 94 (Notice to produce--claim of privilege)
s 108 71 s 108
Crime Commission
imprisonment 1
(3) The person is not entitled-- 2
(a) to remain silent; or 3
(b) to refuse to answer the question on a ground of privilege, other 4
than legal professional privilege. 5
(4) If the person-- 6
(a) refuses to answer a question on the ground the answer to the 7
question would disclose a communication to which legal 8
professional privilege attaches; and 9
(b) has no authority to waive the privilege; 10
the person must, if required by the presiding member, tell the member the 11
name and address of the person to whom or by whom the communication 12
was made. 13
Maximum penalty for subsection (4)--85 penalty units or 1 year's 14
imprisonment. 15
member to decide whether refusal to answer questions or 16
Presiding
produce documents or things is justified 17
108.(1) This section applies if a person claims to have a reasonable 18
excuse for not complying with a requirement made of the person at a QCC 19
hearing to answer a question put to the person, or to produce a document or 20
thing that the person was required to produce. 21
(2) The presiding member must decide whether or not there is a 22
reasonable excuse. 23
(3) The presiding member must, after hearing the person's submissions 24
decide-- 25
(a) that the requirement will not be insisted on; or 26
(b) that the member is not satisfied the claim is justified. 27
(4) If the presiding member is not satisfied the claim is justified, the 28
member must-- 29
(a) give the person reasons for the decision; and 30
s 108 72 s 108
Crime Commission
(b) order the person to answer the question, or to produce the 1
document or thing as required by the attendance notice, subject to 2
the person's right of appeal under section 109; and 3
(c) advise the person that the person may appeal the decision to the 4
Supreme Court within the time allowed under section 109. 5
(5) Failure to comply with an order under subsection (4)(b) to produce a 6
document or thing is an offence against section 105(b)21, subject to 7
subsection (6). 8
(6) If-- 9
(a) the person is ordered to produce a document or thing under 10
subsection (4); and 11
(b) the person informs the commission member conducting the 12
hearing that the person wishes to appeal or consider an appeal 13
under section 109; 14
the person must immediately seal the document or thing and give it to QCC 15
for safekeeping. 16
Maximum penalty for subsection (6)--85 penalty units or 1 year's 17
imprisonment. 18
(7) QCC must-- 19
(a) give the person a receipt for the sealed document or thing; and 20
(b) place it in safe custody at QCC's place of business at the earliest 21
reasonable opportunity. 22
(8) A person must not, without reasonable excuse, open the sealed 23
document or thing unless authorised to open it under this Act or a court 24
order. 25
Maximum penalty for subsection (8)--85 penalty units or 1 year's 26
imprisonment. 27
(9) If the person fails to apply within 7 days after the decision for leave to 28
appeal under section 109, or leave to appeal is refused under that section, 29
QCC may access the document or thing. 30
21 Section 105 (Refusal to produce--claim of reasonable excuse)
s 109 73 s 109
Crime Commission
to Supreme Court 1
Appeals
109.(1) A person may appeal against a decision of a presiding member 2
given under section 108(3)(b) if-- 3
(a) the person applies for leave to appeal the decision within 7 court 4
days after the person is given the presiding member's reasons for 5
decision; and 6
(b) the Supreme Court grants leave to appeal. 7
(2) The Supreme Court may grant leave to appeal only if the court is 8
satisfied-- 9
(a) if the appeal relates to a document or thing--the document or 10
thing has been given to QCC and placed in safe custody; and 11
(b) in all cases--the appeal has a significant prospect of success or 12
there is some important question of law involved. 13
(3) An application for leave to appeal must state the grounds of the 14
application. 15
(4) The Supreme Court must deal with an application for leave to appeal 16
and the appeal expeditiously. 17
(5) On hearing the appeal, the Supreme Court may make an order-- 18
(a) affirming the presiding member's decision about a document or 19
thing; or 20
(b) setting aside the presiding member's decision about a document 21
or thing. 22
(6) If the court affirm's the QCC member's decision about a document 23
or thing, QCC may access the document or thing. 24
(7) If the court sets aside the decision about a document or thing, the 25
court must make an order directing that the document or thing be delivered 26
to the person. 27
(8) A person may only appeal once under subsection (1) in relation to a 28
particular reasonable excuse claimed by the person for not answering a 29
question or producing a document or thing at a QCC hearing. 30
(9) In this section-- 31
s 110 74 s 110
Crime Commission
"court day" means a day on which the relevant registry of the Supreme 1
Court is open for business. 2
on use of privileged answers, documents and things 3
Restriction
disclosed or produced under compulsion 4
110.(1) This section applies if, at a QCC hearing-- 5
(a) before answering a question or producing a document or thing, 6
the person claims that answering the question or producing the 7
document or thing might otherwise be excused on a stated ground 8
of privilege; and 9
(b) apart from this Act, the person would not be required to answer 10
the question or produce the document or thing in a proceeding if 11
the person claimed the answer or production would tend to 12
incriminate him or her; and 13
(c) the presiding member conducting the hearing directs the person to 14
answer the question or produce the document or thing. 15
(2) The answer, document or thing given or produced at the direction of 16
the presiding member is not admissible in evidence against the person in 17
any civil, criminal or administrative proceeding. 18
(3) However, the answer, document or thing is admissible in a civil, 19
criminal or administrative proceeding-- 20
(a) with the person's consent; or 21
(b) if the proceeding is about-- 22
(i) the falsity or misleading nature of the answer, document or 23
thing; or 24
(ii) an offence against this Act; or 25
(iii) a contempt of a commission member. 26
(4) Also, the document is admissible in a civil proceeding about a right 27
or liability conferred or imposed by the document. 28
(5) The presiding member may order that all answers or a class of 29
answer given by a person or that all documents or things or a class of 30
document or thing produced by a person is to be regarded as having been 31
given or produced on objection by the person. 32
s 111 75 s 112
Crime Commission
(6) If the presiding member makes an order under subsection (5), the 1
person is taken to have objected to the giving of each answer, or to the 2
producing of each document or thing, the subject of the order. 3
of names, evidence etc. 4
Publication
111.(1) A person must not, without QCC's written consent, publish-- 5
(a) an answer given or document or thing produced at a QCC hearing 6
or anything about the answer, document or thing; or 7
(b) information that might enable a person who is about to give or 8
has given evidence before QCC ("witness") to be identified. 9
Maximum penalty--85 penalty units or 1 year's imprisonment. 10
(2) A person does not contravene subsection (1) if-- 11
(a) the publication is made-- 12
(i) for the purpose of defending a charge of an offence and is 13
relevant to the defence; and 14
(ii) to a person charged with the offence or a lawyer representing 15
a person charged with the offence; or 16
(b) the publication is made for the purpose of making a submission 17
to the management committee about the conduct of the QCC's 18
investigation. 19
(3) Also, a person does not contravene subsection (1)(b) if-- 20
(a) the person is the witness, or the publication is made with the 21
witness's implied or express consent; or 22
(b) the information mentioned in the paragraph has been generally 23
made known by the witness or by QCC. 24
(4) In this section-- 25
"publish" includes publish to a single person, whether the publication is 26
made orally or in writing. 27
must give evidence to defence unless court certifies otherwise 28
QCC
112.(1) This section applies if a person is charged with an offence before 29
s 113 76 s 113
Crime Commission
a court and anything stated at, or document or thing produced at, a QCC 1
hearing (the "evidence") is relevant evidence for the defence against the 2
charge. 3
(2) On being asked by the defendant or the defendant's lawyer, QCC 4
must give the evidence to the defendant or the defendant's lawyer unless the 5
court makes an order under subsection (4). 6
(3) A request under subsection (2) may generally identify evidence to be 7
given to the defendant or defendant's lawyer. 8
(4) On application by an authorised QCC officer, the court must order 9
that the evidence not be given to the defendant or defendant's lawyer if the 10
court considers that it would unfair to a person or contrary to the public 11
interest to do so. 12
(5) Evidence given to a defendant or a defendant's lawyer under 13
subsection (2) may only be used for the defence to the charge. 14
(6) A person who uses the evidence as permitted under subsection (5) 15
does not contravene section 111.22 16
of members, legal representatives and witnesses 17
Protection
113.(1) A commission member has, in the performance of the 18
member's duties for a QCC hearing, the same protection and immunity as a 19
Supreme Court judge. 20
(2) A lawyer or other person when appearing for someone at a QCC 21
hearing has the same protection and immunity as a barrister appearing for a 22
party in a proceeding in the Supreme Court. 23
(3) A person required to attend or appearing at a QCC hearing as a 24
witness has the same protection as a witness in a proceeding in the Supreme 25
Court. 26
(4) No criminal or civil liability, other than liability under this Act, 27
attaches to a person for compliance, or purported compliance in good faith, 28
with a requirement made under this Act. 29
(5) In particular, if a person produces a document or thing under a notice 30
to produce, no civil liability attaches to the person for producing the 31
22 Section 111 (Publication of names, evidence etc.)
s 114 77 s 115
Crime Commission
document or thing, whether that liability would arise under a contract or 1
otherwise. 2
of commission member 3
Contempt
114. A person is in contempt of a commission member if the person-- 4
(a) insults the member while the member is conducting a QCC 5
hearing; or 6
(b) deliberately interrupts the hearing; or 7
(c) at the hearing contravenes a provision of this Act relating to the 8
hearing; or 9
(d) creates or continues or joins in creating or continuing, a 10
disturbance in or near a place where the member is conducting the 11
hearing; or 12
(e) does anything at the hearing or otherwise that would be contempt 13
of court if the member were a judge acting judicially. 14
of contempt 15
Punishment
115.(1) A person's contempt of a commission member conducting a 16
QCC hearing may be punished under this section. 17
(2) The presiding member for the hearing may certify the contempt in 18
writing to the Supreme Court (the "court"). 19
(3) For subsection (2), it is enough for the presiding member to be 20
satisfied that there is evidence of contempt. 21
(4) The presiding member may issue a warrant directed to a police 22
officer or all police officers for the arrest of the person to be brought before 23
the Supreme Court to be dealt with according to law. 24
(5) The Bail Act 1980 applies to the proceeding for the contempt started 25
by the certification in the same way it applies to a charge of an offence. 26
(6) The court must inquire into the alleged contempt. 27
(7) The court must hear-- 28
s 116 78 s 117
Crime Commission
(a) witnesses and evidence that may be produced against or for the 1
person whose contempt was certified; and 2
(b) any statement given by the person in defence. 3
(8) If the court is satisfied the person has committed the contempt, the 4
court may punish the person as if the person had committed the contempt in 5
relation to proceedings in the court. 6
(9) The Rules of the Supreme Court apply to the court's investigation, 7
hearing and power to punish with all necessary changes. 8
(10) The presiding member's certificate of contempt is evidence of the 9
matters contained in the certificate. 10
(11) The person is not excused from attending before a QCC hearing in 11
obedience to an attendance notice merely because the person is punished or 12
liable to punishment under this section for contempt of the commission 13
member. 14
that is contempt and offence 15
Conduct
116.(1) If conduct of an offender is both contempt of a commission 16
member and an offence, the offender may be proceeded against for the 17
contempt or for the offence, but the offender is not liable to be punished 18
twice for the same conduct. 19
(2) In this section-- 20
"offender" means a person guilty, or alleged to be guilty, of contempt of a 21
commission member. 22
for witness 23
Allowances
117.(1) A person attending a QCC hearing under an attendance notice, or 24
otherwise as a witness at the request of QCC, is entitled to be paid the 25
allowances and expenses payable to a person appearing as a witness in a 26
hearing before a Magistrates Court. 27
(2) The allowances and expenses are payable by QCC. 28
s 118 79 s 119
Crime Commission
assistance 1
Legal
118.(1) This section applies to a person who has been given a notice to 2
attend a QCC hearing or who has wishes to appeal, or has appealed, to the 3
Supreme Court under section 10923. 4
(2) The person may apply to the Attorney-General for financial 5
assistance to enable the person to obtain legal services in connection with 6
the hearing or appeal. 7
(3) The Attorney-General may approve the assistance if the 8
Attorney-General considers-- 9
(a) a person may suffer substantial hardship if assistance is not 10
given; or 11
(b) in the particular circumstances, assistance should be given. 12
(4) The Attorney-General may decide the level of assistance and the 13
conditions on which it is to be provided. 14
(5) The cost of the financial assistance must be met by QCC. 15
ART 9--OFFENCES 16
P
about QCC notices 17
Disclosures
119.(1) A person must not disclose any information contained in a QCC 18
notice if the notice states the information must not be disclosed. 19
Maximum penalty--85 penalty units or 1 year's imprisonment. 20
(2) Subsection (1) applies to the recipient or any person who has 21
knowledge of the notice and the prohibition on disclosure mentioned in the 22
subsection. 23
(3) A person does not contravene subsection (1) if-- 24
(a) the disclosure is made-- 25
23 Section 109 (Appeals to Supreme Court)
s 119 80 s 119
Crime Commission
(i) for the purpose of defending a charge of an offence and is 1
relevant to the defence; and 2
(ii) to a person charged with the offence or the charged person's 3
lawyer; or 4
(b) the disclosure is made for the purpose of-- 5
(i) obtaining information from any person in compliance with 6
the notice, if that person is advised by the discloser of any 7
prohibition on disclosure stated in the QCC notice; or 8
(ii) making a submission to the management committee about 9
the conduct of QCC's investigation. 10
(4) Also, a person does not contravene subsection (1) by disclosing the 11
identity of the recipient if-- 12
(a) the person is the recipient or the disclosure is made by a person 13
with the recipient's implied or express consent; or 14
(b) the recipient's identity has been made generally known by the 15
recipient or by QCC. 16
(5) In this section-- 17
"information contained in a QCC notice" means-- 18
(a) the recipient's identity; or 19
(b) a statement in the notice identifying-- 20
(i) information, a document or thing, or an answer, the recipient 21
is or may be required to give or produce in compliance with 22
the notice; or 23
(ii) the purpose of the notice or the investigation to which it 24
relates. 25
"QCC notice" means-- 26
(a) a notice under section 7324; or 27
(b) a notice to produce; or 28
24 Section 73 (Commission member may require information etc. from units of
public administration)
s 120 81 s 121
Crime Commission
(c) an attendance notice. 1
"recipient" means the person to whom the QCC notice is given by QCC. 2
or misleading statements or documents 3
False
120.(1) This section applies in relation to the performance of a function, 4
or exercise of a power, by QCC or a QCC officer. 5
(2) A person must not state anything to QCC or a QCC officer that the 6
person knows is false or misleading in a material particular. 7
Maximum penalty for subsection (2)--85 penalty units or 1 year's 8
imprisonment. 9
(3) A person must not give QCC or a QCC officer a document 10
containing information the person knows is false or misleading in a material 11
particular. 12
Maximum penalty for subsection (3)--85 penalty units or 1 year's 13
imprisonment. 14
(4) Subsection (2) does not apply to a person who, when giving the 15
document-- 16
(a) informs QCC or the QCC officer, to the best of the person's 17
ability, how it is false or misleading; and 18
(b) gives the correct information to QCC or the QCC officer if the 19
person has, or can reasonably obtain, the correct information. 20
(5) It is enough for a complaint for an offence against subsection (2) or 21
(3) to state the information or document was "false or misleading" to the 22
person's knowledge, without specifying which. 23
of QCC etc. 24
Obstruction
121.(1) A person must not obstruct QCC or a QCC officer in the 25
performance of a function or the exercise of a power, unless the person has 26
a reasonable excuse. 27
Maximum penalty--85 penalty units or 1 year's imprisonment. 28
(2) In this section-- 29
s 122 82 s 124
Crime Commission
"obstruct" includes the following-- 1
(a) hinder; 2
(b) resist; 3
(c) attempt to obstruct. 4
or detriment to witness etc. 5
Injury
122.(1) A person must not injure, or threaten to injure, or cause or 6
threaten to cause detriment of any kind to, someone else because that other 7
person, or any other person, or because he or she suspects that the other 8
person or any other person-- 9
(a) attended as a witness before a QCC hearing; or 10
(b) gave evidence, or is about to give evidence, before a QCC 11
hearing; or 12
(c) complied with, or is about to comply with, a notice under 13
section 7325, a notice to produce or attendance notice. 14
Maximum penalty--3 years imprisonment. 15
(2) An offence against subsection (1) is a misdemeanour. 16
to be a commission member or QCC officer 17
Pretending
123. A person must not pretend to be a QCC officer. 18
Maximum penalty--85 penalty units or 1 year's imprisonment. 19
and summary offences 20
Indictable
124. An offence against this Act, other than against section 122,26 is a 21
summary offence. 22
25 Section 73 (Commission member may require information etc. from units of
public administration)
26 Section 122 (Injury or detriment to witness etc.)
s 125 83 s 125
Crime Commission
for indictable offence 1
Proceedings
125.(1) A proceeding for an offence against section 12227 may be taken, 2
at the prosecution's election-- 3
(a) by way of summary proceedings under the Justices Act 1886; or 4
(b) on indictment. 5
(2) A magistrate must not hear the offence summarily if-- 6
(a) the defendant asks at the start of the hearing that the charge be 7
prosecuted on indictment; or 8
(b) the magistrate considers that the charge should be prosecuted on 9
indictment. 10
(3) If subsection (2) applies-- 11
(a) the magistrate must proceed by way of an examination of 12
witnesses for an indictable offence; and 13
(b) a plea of the person charged at the start of the proceeding must be 14
disregarded; and 15
(c) evidence brought in the proceeding before the magistrate decided 16
to act under subsection (2) is taken to be evidence in the 17
proceeding for the committal of the person for trial or sentence; 18
and 19
(d) before committing the person for trial or sentence, the magistrate 20
must make a statement to the person as required by the Justices 21
Act 1886, section 104(2)(b).28 22
27 Section 122 (Injury or detriment to witness etc.)
28 Justices Act 1886, section 104 (Proceedings upon an examination of witnesses in
relation to an indictable offence)
s 126 84 s 126
Crime Commission
ART 10--GENERAL 1
P
2
Secrecy
126.(1) This section applies to-- 3
(a) a QCC officer; and 4
(b) a member of the management committee; and 5
(c) a person to whom information is given either by QCC or by a 6
person mentioned in paragraph (a) or (b) on the understanding, 7
express or implied, that the information is confidential. 8
(2) A person must not make a record of, or wilfully disclose, 9
information that has come to the person's knowledge because the person is 10
or was a person to whom this section applies. 11
Maximum penalty for subsection (2)--85 penalty units or 1 year's 12
imprisonment. 13
(3) However, a person does not contravene subsection (2) if-- 14
(a) in the case of a record--the record is made for the purposes of 15
QCC, this Act or an investigation of an alleged contravention of 16
this section; or 17
(b) in the case of a disclosure--the disclosure is made-- 18
(i) for the purposes of QCC, this Act or an investigation of an 19
alleged contravention of this section; or 20
(ii) at the direction of the parliamentary commissioner under 21
part 4. 22
(4) A person may not be required to produce in any court a document 23
that has come into the person's possession, or to disclose to any court a 24
matter or thing that has come to the person's notice, because the person is 25
or was a person to whom this section applies, unless-- 26
(a) QCC, or a commission member in the member's official 27
capacity, is a party to the relevant proceeding; or 28
(b) it is necessary to produce the document or disclose the matter or 29
thing-- 30
(i) to give effect to this Act; or 31
s 127 85 s 128
Crime Commission
(ii) for a prosecution started as a result of an investigation. 1
(5) In this section-- 2
"court" includes a tribunal, authority or person having power to require the 3
production of documents or the answering of questions. 4
"produce" includes permit access to. 5
officials from liability 6
Protecting
127.(1) In this section-- 7
"official" means-- 8
(a) a QCC officer; or 9
(b) a person acting under the direction of a QCC officer. 10
(2) QCC or an official is not civilly liable for an act done, or omission 11
made, honestly and without negligence under this Act. 12
(3) If subsection (2) prevents a civil liability attaching to QCC or an 13
official, the liability attaches instead to the State. 14
(4) This section does not limit protection given to a person under another 15
provision of this Act. 16
of witnesses etc. 17
Protection
128.(1) This section applies if it appears to QCC the safety of a person 18
may be at risk or the person may be subject to intimidation or harassment 19
because the person-- 20
(a) is to attend, is attending or has attended at a QCC hearing to give 21
evidence or to produce a document or thing; or 22
(b) proposes to produce or has produced a document or thing to 23
QCC otherwise than at a QCC hearing. 24
(2) QCC must, with the person's consent, ask the CJC to provide 25
witness protection for the person. 26
(3) If the CJC is satisfied that the person requires witness protection, the 27
s 129 86 s 132
Crime Commission
CJC must provide the witness protection and the Criminal Justice Act 1989, 1
part 2, division 1029 applies accordingly. 2
of execution of warrant 3
Record
129. A QCC officer who executes a warrant must, if reasonably 4
practicable, write the following on the back of the original warrant or form 5
of warrant and sign the document-- 6
(a) the date and time of execution; 7
(b) the name of the person on whom it was executed; 8
(c) if supplied--the name of the occupier of the place; and 9
(d) his or her name, and if the QCC officer is a police officer, his or 10
her rank and registered number. 11
power 12
Regulation-making
130. The Governor in Council may make regulations under this Act. 13
14
Expiry
131. This Act expires 5 years after the date of assent. 15
PART 11--TRANSITIONAL PROVISIONS 16
of investigations 17
Audit
132.(1) This section applies to any matter relating to relevant criminal 18
activity or major crime that, as at the commencement of section 136(2)30 19
has been investigated, is to be investigated, or is being considered for 20
investigation, or intended to be considered for investigation, by the CJC. 21
29 Criminal Justice Act 1989, part 2 (Criminal justice commission), division 10
(Witness protection division)
30 Section 136 (Amendment of s 23 (Responsibilities))
s 132 87 s 132
Crime Commission
(2) This section does not apply to any matter relating to official 1
misconduct. 2
(3) The management committee has the function of deciding whether 3
each current matter should be referred for investigation or continued 4
investigation to-- 5
(a) the police commissioner; or 6
(b) QCC; or 7
(c) another law enforcement agency. 8
(4) The management committee has all necessary and convenient power 9
to perform its function under subsection (3). 10
(5) The chairperson of the CJC must brief the management committee 11
about each current matter to enable the management committee to perform 12
its function under subsection (3). 13
(6) The chairperson of the CJC may recommend to the management 14
committee the entity the chairperson considers most appropriate to 15
undertake or continue the investigation. 16
(7) The management committee may also ask the parliamentary 17
commissioner to consider a particular current matter and recommend the 18
entity the commissioner considers most appropriate to undertake or 19
continue the investigation. 20
(8) If the management committee decides to refer an investigation the 21
CJC must give the entity to which the investigation is referred a full briefing 22
on the investigation and the further help the entity reasonably requires to 23
undertake or continue the investigation. 24
(9) The management committee may perform its function under 25
subsection (2) before or after the commencement of section 136(2). 26
s 133 88 s 136
Crime Commission
PART 12--AMENDMENT OF CRIMINAL JUSTICE 1
ACT 1989 2
amended in pt 12 3
Act
133. This part amends the Criminal Justice Act 1989. 4
of s 2 (Objects of Act) 5
Amendment
134.(1) Section 2(a)(ii), after `inquiry'-- 6
insert-- 7
`that relate to official misconduct'. 8
(2) Section 2(a)(iii) and (iv)-- 9
omit. 10
of s 3 (Definitions) 11
Amendment
135. Section 3-- 12
insert-- 13
` "monitor" means the public interest monitor or a deputy public interest 14
monitor.'. 15
of s 23 (Responsibilities) 16
Amendment
136.(1) Section 23(d)-- 17
omit, insert-- 18
`(d) undertaking intelligence activities to support its responsibilities in 19
relation to official misconduct;'. 20
(2) Section 23(f)(iv)-- 21
omit. 22
(3) Section 23(j), `(in particular, organised crime)'-- 23
omit. 24
s 137 89 s 139
Crime Commission
of s 29 (Role and functions) 1
Amendment
137. Section 29(3)(b), after `1989'-- 2
insert-- 3
`if the investigative work relates to official misconduct'. 4
of s 56 (Role and functions) 5
Amendment
138. Section 56(3)(g)-- 6
omit. 7
of s 58 (Role and functions) 8
Amendment
139.(1) Section 58(1), from `commission'-- 9
omit, insert-- 10
`commission responsible for providing an effective intelligence service 11
for the commission.'. 12
(2) Section 58(2)(a), `criminal activities and persons concerned in 13
criminal activities'-- 14
omit, insert-- 15
`official misconduct and persons concerned in official misconduct'. 16
(3) Section 58(2)(b), `assume'-- 17
omit, insert-- 18
`retain'. 19
(4) Section 58(2)(b), after `1989'-- 20
insert-- 21
`that relate, wholly or partly, to official misconduct'. 22
(5) Section 58(2)(d) and (e)-- 23
omit. 24
s 140 90 s 141
Crime Commission
of s 82 (Authority to use listening devices) 1
Amendment
140. Section 82-- 2
insert-- 3
`(2A) The chairperson must advise the public interest monitor of the 4
application under arrangements decided by the monitor.'. 5
of new pt 3, div 1A 6
Insertion
141. Part 3-- 7
insert-- 8
1A--Public interest monitor 9
`Division
interest monitor 10
`Public
`84A.(1) The Governor in Council may appoint a person (the "public 11
interest monitor") to monitor applications under section 82(2)31 to 12
approve the use of listening devices and monitor the use and effectiveness 13
of the approvals. 14
`(2) The Governor in Council may also appoint as many deputy public 15
interest monitors as the Minister considers necessary. 16
`(3) The Governor in Council may, in the appointment, fix the terms and 17
conditions of the appointment. 18
`(4) The Public Service Act 1996 does not apply to the appointment of a 19
monitor. 20
`(5) A monitor must not be a person who is, or is a member of, or is 21
employed in or by or to assist, any of the following-- 22
(a) the Queensland Children's Commissioner; 23
(b) QCC; 24
(c) the CJC; 25
(d) the director of public prosecutions; 26
31 Criminal Justice Act 1989, section 82 (Authority to use listening devices)
s 141 91 s 141
Crime Commission
(e) the office of the director of public prosecutions; 1
(f) the police service. 2
functions 3
`Monitor's
`84B.(1) The public interest monitor has the functions mentioned in 4
subsection (2) in relation to applications to approve the use of listening 5
devices and those approvals. 6
`(2) The functions are-- 7
(a) to monitor compliance by the commission with this Act in 8
relation to matters concerning applications for approval for the 9
use of listening devices; and 10
(b) to appear at any hearing of an application to a Supreme Court 11
judge for approval to use a listening device to test the validity of 12
the application, and for that purpose at the hearing-- 13
(i) present questions for the applicant to answer and examine or 14
cross examine any witness; 15
(ii) make submissions on the appropriateness of granting the 16
application; and 17
(c) to gather statistical information about the use and effectiveness of 18
approvals for the use of listening devices; and 19
(d) whenever the monitor considers it appropriate--to give to the 20
parliamentary committee a report on noncompliance by the 21
commission with this Act. 22
`(3) Subject to the direction of the public interest monitor, a deputy public 23
interest monitor has the functions mentioned in subsection (2)(a), (b) and 24
(c). 25
annual report 26
`Monitor's
`84C.(1) As soon as practicable after the end of each financial year, but 27
within 4 months after the end of the financial year, the public interest 28
monitor must prepare and give to the Minister a written report on the use of 29
approvals for the use of listening devices. 30
s 142 92 s 142
Crime Commission
`(2) The Minister must table a copy of the report in the Legislative 1
Assembly within 14 sitting days after receiving the report. 2
`(3) The annual report must not contain information that-- 3
(a) discloses or may lead to the disclosure of the identity of any 4
person who has been, is, or is to be, investigated; or 5
(b) indicates a particular investigation has been, is, or is to be 6
conducted. 7
`(4) The monitor's report may form part of another annual report the 8
monitor is required to prepare under another Act. 9
10
`Secrecy
`84D.(1) A person who is or was a monitor must not record, use or 11
disclose information obtained under this Act and that came to the person's 12
knowledge because of the person's involvement in the administration of 13
this Act. 14
Maximum penalty--85 penalty units or 1 year's imprisonment. 15
`(2) Subsection (1) does not apply to a person's recording, use or 16
disclosure of information in the performance of his or her functions under 17
this Act. 18
`(3) A person who is or was a monitor is not in any proceeding 19
compellable to disclose information obtained under this Act and that came 20
to the person's knowledge because of the person's involvement in the 21
administration of this Act.'. 22
of s 88 (Publication of evidence) 23
Amendment
142.(1) Section 88(2)-- 24
omit, insert-- 25
`(2) The order does not prohibit a person summoned to attend before the 26
commission making a submission to the parliamentary committee about the 27
conduct of the commission's investigation. 28
`(2A) Also, the order does not prohibit the publication of matters 29
mentioned in subsection (1)(a) or (b) if-- 30
s 143 93 s 145
Crime Commission
(a) the publication is made by the person mentioned in 1
subsection (1)(a) or (b) or with the person's implied or express 2
consent; or 3
(b) the matter mentioned in subsection (1)(a) or (b) has been made 4
generally known by the person mentioned in subsection (1)(a) or 5
(b) or by the commission.'. 6
of s 123 (Application pursuant to s 82) 7
Amendment
143. Section 123-- 8
insert-- 9
`(6) This section applies subject to part 3, division 1A.'. 10
PART 13--AMENDMENT OF JUDICIAL REVIEW 11
ACT 1991 12
amended in pt 13 13
Act
144. This part amends the Judicial Review Act 1991. 14
of sch 2 (Decisions for which reasons need not be given) 15
Amendment
145.(1) Schedule 2, section 1(c), after `section 71'-- 16
insert-- 17
`and the Crime Commission Act 1997, sections 74 and 8832'. 18
(2) Schedule 2, section 4-- 19
omit, insert-- 20
32 Sections 74 (Search warrant) and 88 (Covert search warrants)
s 145 94 s 145
Crime Commission
`Intelligence functions of criminal justice commission and Queensland 1
crime commission 2
`4. Decisions made by-- 3
(a) the intelligence division of the criminal justice commission under 4
the Criminal Justice Act 1989, section 5833 in the performance of 5
its functions; or 6
(b) the Queensland crime commission under the Crime Commission 7
Act 1997, section 28(1)(f)34 in the performance of its function to 8
maintain an effective intelligence service about relevant criminal 9
activity.'. 10
(3) Schedule 2, after section 5-- 11
insert-- 12
`Certain decisions under the Crime Commission Act 1997 13
`5A. Decisions made under the Crime Commission Act 1997, part 6, 14
division 3.35 15
33 Criminal Justice Act 1989, section 58 (Role and functions)
34 Section 28 (QCC's functions)
35 Part 6 (Powers), division 3 (Surveillance powers)
95
Crime Commission
CHEDULE 1
¡S
ICTIONARY 2
D
section 5 3
"appointed member" of the Queensland Crime Commission management 4
committee, see section 39(1)(h). 5
"arrest warrant" see section 97(1). 6
"assistant crime commissioner" see sections 13 and 14. 7
"attendance notice" see section 95. 8
"authorised QCC officer" see section 36. 9
"boat" includes a ship or other vessel of any size or type and however 10
propelled or moved, including, for example, a rowing boat, hovercraft 11
and a submersible vessel. 12
"CJC" means the criminal justice commission. 13
"class A device" means a surveillance device installed-- 14
(a) in a private place, or on a suspect's clothing, without the suspect's 15
consent; or 16
(b) in a public place; 17
but does not include a visual surveillance device installed in a public 18
place or, with the occupier's consent, a private place. 19
"class B device" means a tracking device installed in a vehicle or other 20
moveable object without covert entry to a building by the person 21
installing it. 22
"commission member" means the crime commissioner or an assistant 23
crime commissioner. 24
"committee" means the management committee. 25
"covert search warrant" see section 88. 26
"crime commissioner" see sections 13 and 14. 27
96
Crime Commission
SCHEDULE (continued)
"criminal paedophilia" see section 6. 1
"declared law enforcement agency" means an entity declared to be a law 2
enforcement agency under a regulation. 3
"dwelling"-- 4
1. A "dwelling" includes a building or other structure, or part of a 5
building or other structure, kept by the owner or occupier (the 6
"owner") as a residence for the owner, a member of the owner's 7
family or an employee of the owner. 8
2. In deciding whether a building or other structure is a dwelling, it 9
is immaterial that the building or other structure is from time to 10
time uninhabited. 11
3. A building or other structure adjacent to, and occupied with, a 12
dwelling is part of the dwelling if it is connected to the dwelling, 13
whether directly or by a covered and enclosed passage leading 14
from the one to the other, but not otherwise. 15
4. A "dwelling" also includes a boat (other than an external deck of 16
the boat) used or kept as a residence for the owner, a member of 17
the owner's family or an employee of the owner. 18
"enter" a place, includes re-enter the place. 19
"evidence of the commission of a relevant criminal activity or a major 20
crime", includes-- 21
(a) a thing or activity that is or may provide evidence of the relevant 22
criminal activity or the major crime; and 23
(b) a thing that will, itself or by or on scientific examination, provide 24
evidence of the commission of the relevant criminal activity or the 25
major crime; and 26
(c) a thing that is intended to be used for the purpose of committing 27
the relevant criminal activity or the major crime; and 28
(d) a thing that may be liable to forfeiture or may be used in evidence 29
for a forfeiture proceeding. 30
"forfeiture proceeding" means a proceeding for the forfeiture or restraint 31
of property under the Crimes (Confiscation) Act 1989 or another Act. 32
97
Crime Commission
SCHEDULE (continued)
"listening device" means any instrument, apparatus, equipment or device 1
capable of being used to overhear, record, monitor or listen to a private 2
conversation simultaneously with its taking place. 3
"major crime" see section 7. 4
"management committee" means the Queensland Crime Commission 5
Management Committee established under section 38. 6
"monitor" means-- 7
(a) the public interest monitor appointed under section 69(1); or 8
(b) a deputy public interest monitor appointed under section 69(2). 9
"national crime authority" means the national crime authority established 10
under the National Crime Authority Act 1984 (Cwlth). 11
"notice to produce" see section 93. 12
"obscene material", depicting children, includes-- 13
(a) a child abuse computer game under the Classification of 14
Computer Games and Images Act 1995; and 15
(b) a child abuse publication or child abuse photograph under the 16
Classification of Publications Act 1991. 17
"official misconduct" see the Criminal Justice Act 1989, sections 31 and 18
32.36 19
"parliamentary commissioner" means the Parliamentary Criminal Justice 20
Commissioner appointed under the Criminal Justice Act 1989. 21
"parliamentary committee" means the criminal justice committee of the 22
Legislative Assembly. 23
"photograph" includes videotape. 24
"place" includes-- 25
(a) premises; and 26
(b) vacant land; and 27
36 Criminal Justice Act 1989, sections 31 (Official misconduct) and 32 (General
nature of official misconduct)
98
Crime Commission
SCHEDULE (continued)
(c) a vehicle; and 1
(d) a place in Queensland waters; and 2
(e) a place held under 2 or more titles or owners. 3
"police commissioner" means the commissioner of the police service. 4
"police service" means the Queensland Police Service. 5
"police task force" means a task force under the authority of the police 6
commissioner. 7
"possession" includes the following-- 8
(a) custody; 9
(b) control. 10
"premises" includes-- 11
(a) a building or structure, or part of a building or structure, of any 12
type; and 13
(b) a group of buildings or structures, or part of a group of buildings 14
or structures, of any type; and 15
(c) the land or water where a building or structure, or a group of 16
buildings or structures, is situated; and 17
(d) a vehicle and a caravan; and 18
(e) a tent or cave; and 19
(f) premises held under 2 or more titles or owners. 20
"presiding member", for a QCC hearing, see section 100(3) and(4). 21
"private conversation" means any words spoken by one person to another 22
person in circumstances that indicate-- 23
(a) that those persons desire the words to be heard or listened to only 24
by themselves; or 25
(b) that indicate that either of those persons desires the words to be 26
heard or listened to only by themselves and by some other 27
person; 28
but does not include words spoken by one person to another person in 29
99
Crime Commission
SCHEDULE (continued)
circumstances in which either of those persons ought reasonably to 1
expect the words may be overheard, recorded, monitored or listened to 2
by some other person, not being a person who has the consent, 3
express or implied, of either of those persons to do so. 4
"privilege", in relation to an answer, information, communication or 5
document, or thing means privilege recognised at law on the ground 6
of-- 7
(a) self-incrimination; or 8
(b) legal professional privilege; 9
and includes a claim, recognised at law, that giving the answer, or 10
disclosing the communication or document, would be a breach of a 11
statutory or commercial obligation or restriction to maintain secrecy. 12
"public prosecutor" means the director, deputy director, or another lawyer 13
appointed under the Director of Public Prosecutions Act 1984. 14
"Queensland crime commission" means the Queensland Crime 15
Commission established under section 11. 16
"QCC" means the Queensland crime commission. 17
"QCC agent" see section 26. 18
"QCC hearing" means a hearing under this Act conducted by a 19
commission member. 20
"QCC officer" means-- 21
(a) a commission member; or 22
(b) a person employed or made available under section 25; or 23
(c) a person engaged under section 26; or 24
(d) a police officer who is a member of a police task force established 25
under section 30. 26
"relevant criminal activity" see section 9. 27
"search warrant" see section 74. 28
100
Crime Commission
SCHEDULE (continued)
"surveillance device" includes-- 1
(a) a listening device; and 2
(b) a visual surveillance device; and 3
(c) a tracking device; and 4
(d) a device containing any combination of the devices mentioned in 5
paragraphs (a), (b) and (c). 6
"surveillance warrant" see section 82(2). 7
"unit of public administration" means-- 8
(a) the Criminal Justice Commission; or 9
(b) a unit of public administration under the Criminal Justice Act 10
1989, section 3. 11
"vehicle" includes aircraft and boat. 12
"warrant register" see section 92. 13
© State of Queensland 1997
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