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Queensland
Emergency Services
Legislation Amendment
Bill 2008
Queensland
Emergency Services Legislation
Amendment Bill 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Ambulance Service Act 1991
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 3D (Service's functions) . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 9 (Role of commissioner) . . . . . . . . . . . . . . . . . 7
6 Insertion of new pt 5A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Part 5A Investigation officers
Division 1 Investigation officers
41A Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
41B Appointment conditions and limit on powers . . . . . . . 7
41C When investigation officer ceases to hold office. . . . . 8
41D Functions of investigation officers . . . . . . . . . . . . . . . 8
41E Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 8
41F Production or display of identity card . . . . . . . . . . . . . 9
41G Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2 Powers of investigation officers
41H Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . 9
41I Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
41J General powers after entering places . . . . . . . . . . . . 11
41K Power to require name and address . . . . . . . . . . . . . 12
Division 3 Protection from liability
41L Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Insertion of new ss 4445C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
44 Failure to help investigation officer . . . . . . . . . . . . . . . 13
Emergency Services Legislation Amendment Bill 2008
Contents
45 Failure to answer questions . . . . . . . . . . . . . . . . . . . . 14
45A Failure to give name or address . . . . . . . . . . . . . . . . . 14
45B False or misleading statements . . . . . . . . . . . . . . . . . 14
45C False or misleading documents . . . . . . . . . . . . . . . . . 15
8 Replacement of s 47 (False calls) . . . . . . . . . . . . . . . . . . . . . . . . 15
47 False calls for ambulance service . . . . . . . . . . . . . . . 15
9 Replacement of s 49 (Confidentiality) . . . . . . . . . . . . . . . . . . . . . 15
49 Unauthorised disclosure of confidential information
by a designated officer . . . . . . . . . . . . . . . . . . . . . . . . 16
49A Unauthorised disclosure of confidential information
by an informed person . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Insertion of new s 50C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
50C Order for payment if guilty of false call . . . . . . . . . . . . 17
11 Insertion of new pt 7, div 1 and div 2 hdg. . . . . . . . . . . . . . . . . . . 18
Division 1 Confidentiality
50D Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
50E Disclosure required or permitted by law . . . . . . . . . . . 19
50F Disclosure with consent . . . . . . . . . . . . . . . . . . . . . . . 19
50G Disclosure to person who has sufficient interest in
health and welfare of person . . . . . . . . . . . . . . . . . . . 19
50H Disclosure of confidential information for care or
treatment of person . . . . . . . . . . . . . . . . . . . . . . . . . . 20
50I Disclosure is general condition of person. . . . . . . . . . 20
50J Disclosure to police or corrective services officers. . . 21
50K Disclosure for administering, monitoring or enforcing
compliance with Act . . . . . . . . . . . . . . . . . . . . . . . . . . 22
50L Disclosure to Commonwealth, another State or
Commonwealth or State entity . . . . . . . . . . . . . . . . . . 22
50M Disclosure to Health Quality and Complaints
Commission .......................... 23
50N Disclosure to Australian Red Cross Society . . . . . . . . 23
50O Disclosure to person performing function under
Coroners Act 2003 . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
50P Disclosure is authorised by chief executive . . . . . . . . 24
50Q Necessary or incidental disclosure. . . . . . . . . . . . . . . 24
50R Application of this division to former designated
officers ............................... 25
12 Amendment of s 53A (Function of Emergency Services
Advisory Council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Page 2
Emergency Services Legislation Amendment Bill 2008
Contents
13 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 26
Part 3 Amendment of Fire and Rescue Service Act 1990
14 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
15 Amendment of s 12 (Role of commissioner) . . . . . . . . . . . . . . . . 26
16 Amendment of s 35 (Functions of council) . . . . . . . . . . . . . . . . . . 26
17 Omission of pt 5 (Rural Fire Advisory Council) . . . . . . . . . . . . . . 27
18 Amendment of s 57 (Power to require name and address) . . . . . 27
19 Omission of pt 6A, hdg (Decontamination). . . . . . . . . . . . . . . . . . 28
20 Insertion of new pt 6A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 6A Powers of investigation officers
Division 1 Investigation officers
60B Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
60C Appointment conditions and limit on powers . . . . . . . 29
60D When investigation officer ceases to hold office. . . . . 29
60E Functions of investigation officers . . . . . . . . . . . . . . . 29
60F Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 30
60G Production or display of identity card . . . . . . . . . . . . . 30
60H Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 30
Division 2 Powers of investigation officers
60I Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . 31
60J Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
60K General powers after entering places . . . . . . . . . . . . 32
60L Failure to help investigation officer . . . . . . . . . . . . . . . 33
60M Failure to answer questions . . . . . . . . . . . . . . . . . . . . 34
60N Power to require name and address . . . . . . . . . . . . . 34
60O Failure to give name or address . . . . . . . . . . . . . . . . . 35
60P False or misleading statements . . . . . . . . . . . . . . . . . 35
60Q False or misleading documents . . . . . . . . . . . . . . . . . 35
21 Insertion of new s 146A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
146A False calls. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
22 Amendment of s 147 (Offences). . . . . . . . . . . . . . . . . . . . . . . . . . 37
23 Insertion of new s 150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
150 Order for payment if guilty of false call . . . . . . . . . . . . 37
24 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 38
Page 3
2008
A Bill
for
An Act to amend the Ambulance Service Act 1991 and the Fire
and Rescue Service Act 1990 for particular purposes
Emergency Services Legislation Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Emergency Services Legislation 4
Amendment Act 2008. 5
Clause 2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
Part 2 Amendment of Ambulance 8
Service Act 1991 9
Clause 3 Act amended in pt 2 10
This part amends the Ambulance Service Act 1991. 11
Clause 4 Amendment of s 3D (Service's functions) 12
Section 3D(h)-- 13
omit, insert-- 14
`(h) to refer a person to another health service; and 15
(i) to provide community and workplace education in first 16
aid, cardiopulmonary resuscitation and other related 17
matters, to the extent that the service's personnel and 18
equipment can reasonably be deployed or used for the 19
purpose; and'. 20
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Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 5]
Clause 5 Amendment of s 9 (Role of commissioner) 1
Section 9(2)-- 2
omit. 3
Clause 6 Insertion of new pt 5A 4
After section 41-- 5
insert-- 6
`Part 5A Investigation officers 7
`Division 1 Investigation officers 8
`41A Appointment 9
`(1) The commissioner may appoint any of the following persons 10
as an investigation officer-- 11
(a) a public service employee; 12
(b) a service officer; 13
(c) a person prescribed under a regulation. 14
`(2) However, the commissioner may appoint a person as an 15
investigation officer only if the commissioner is satisfied the 16
person is qualified for appointment because the person has the 17
necessary expertise or experience. 18
`41B Appointment conditions and limit on powers 19
`(1) An investigation officer holds office on any conditions stated 20
in-- 21
(a) the officer's instrument of appointment; or 22
(b) a signed notice given to the officer; or 23
(c) a regulation. 24
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Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 6]
`(2) The instrument of appointment, a signed notice given to the 1
investigation officer or a regulation may limit the officer's 2
powers under this Act. 3
`(3) In this section-- 4
signed notice means a notice signed by the commissioner. 5
`41C When investigation officer ceases to hold office 6
`(1) An investigation officer ceases to hold office if any of the 7
following happens-- 8
(a) the term of office stated in a condition of office ends; 9
(b) under another condition of office, the officer ceases to 10
hold office. 11
`(2) Subsection (1) does not limit the ways an investigation officer 12
may cease to hold office. 13
`(3) In this section-- 14
condition of office means a condition on which the 15
investigation officer holds office. 16
`41D Functions of investigation officers 17
`An investigation officer has the function of investigating 18
offences against sections 44 to 45C and 47. 19
`41E Issue of identity card 20
`(1) The commissioner must issue an identity card to each 21
investigation officer. 22
`(2) The identity card must-- 23
(a) contain a recent photo of the investigation officer; and 24
(b) contain a copy of the investigation officer's signature; 25
and 26
(c) identify the person as an investigation officer under this 27
Act; and 28
Page 8
Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 6]
(d) state an expiry date for the card. 1
`(3) This section does not prevent the issue of a single identity 2
card to a person for this Act and other purposes. 3
`41F Production or display of identity card 4
`(1) In exercising a power under this part in relation to a person, an 5
investigation officer must-- 6
(a) produce the officer's identity card for the person's 7
inspection before exercising the power; or 8
(b) have the identity card displayed so it is clearly visible to 9
the person when exercising the power. 10
`(2) However, if it is not practicable to comply with subsection (1), 11
the investigation officer must produce the identity card for the 12
person's inspection at the first reasonable opportunity. 13
`(3) For subsection (1), an investigation officer does not exercise a 14
power in relation to a person only because the officer has 15
entered a place as mentioned in section 41H(1)(b) or (2). 16
`41G Return of identity card 17
`A person who ceases to be an investigation officer must 18
return the person's identity card to the commissioner within 19
21 days after ceasing to be an investigation officer unless the 20
person has a reasonable excuse. 21
Maximum penalty--10 penalty units. 22
`Division 2 Powers of investigation officers 23
`41H Power to enter places 24
`(1) An investigation officer may enter a place if-- 25
(a) an occupier of the place consents to the entry; or 26
Page 9
Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 6]
(b) it is a public place and the entry is made when it is open 1
to the public. 2
`(2) For the purpose of asking the occupier of a place for consent 3
to enter, an investigation officer may, without the occupier's 4
consent or a warrant-- 5
(a) enter land around premises at the place to an extent that 6
is reasonable to contact the occupier; or 7
(b) enter part of the place the officer reasonably considers 8
members of the public ordinarily are allowed to enter 9
when they wish to contact the occupier. 10
`(3) In this section-- 11
public place means-- 12
(a) a place to which members of the public have access as 13
of right, whether or not on payment of a fee and whether 14
or not access to the place may be restricted at particular 15
times or for particular purposes; or 16
(b) a part of a place that the occupier of the place allows 17
members of the public to enter, but only while the place 18
is ordinarily open to members of the public. 19
`41I Entry with consent 20
`(1) This section applies if an investigation officer intends to ask 21
an occupier of a place to consent to the officer or another 22
officer entering the place. 23
`(2) Before asking for the consent, the investigation officer must 24
tell the occupier-- 25
(a) the purpose of the entry; and 26
(b) that the occupier is not required to consent. 27
`(3) If the consent is given, the investigation officer may ask the 28
occupier to sign an acknowledgement of the consent. 29
`(4) The acknowledgement must state-- 30
(a) the occupier has been told-- 31
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Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 6]
(i) the purpose of the entry; and 1
(ii) that the occupier is not required to consent; and 2
(b) the purpose of the entry; and 3
(c) the occupier gives the investigation officer consent to 4
enter the place and exercise powers under this part; and 5
(d) the time and date the consent was given. 6
`(5) If the occupier signs an acknowledgement, the investigation 7
officer must immediately give a copy to the occupier. 8
`(6) If-- 9
(a) an issue arises in a proceeding about whether the 10
occupier consented to the entry; and 11
(b) an acknowledgement complying with subsection (4) for 12
the entry is not produced in evidence; 13
the onus of proof is on the person relying on the lawfulness of 14
the entry to prove the occupier consented. 15
`41J General powers after entering places 16
`(1) This section applies to an investigation officer who enters a 17
place. 18
`(2) However, if an investigation officer enters a place to get the 19
occupier's consent to enter a place, this section applies to the 20
officer only if the consent is given or the entry is otherwise 21
authorised. 22
`(3) For monitoring and enforcing compliance with sections 44 to 23
45C and 47, the investigation officer may-- 24
(a) copy a document at the place or take the document to 25
another place to copy it; or 26
(b) require a person at the place, to give the officer 27
reasonable help to exercise the officer's powers under 28
paragraph (a); or 29
(c) require a person at the place, to answer questions by the 30
officer to help the officer ascertain whether the person, 31
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Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 6]
or another person at the place, committed an offence 1
against section 44, 45, 45A, 45B, 45C or 47. 2
`(4) When making a requirement mentioned in subsection (3)(b) 3
or (c), the investigation officer must warn the person it is an 4
offence to fail to comply with the requirement, unless the 5
person has a reasonable excuse. 6
`(5) If an authorised officer takes a document from a place to copy 7
it, the document must be copied as soon as practicable and 8
returned to the place. 9
`(6) To remove any doubt, it is declared that this section applies to 10
an investigation officer who is also an authorised officer and 11
entered a place for the purpose of exercising a power under 12
section 38(1). 13
`(7) Also, the powers an investigation officer mentioned in 14
subsection (6) has under this section are in addition to, and do 15
not limit, any powers the officer may have under section 16
38(1). 17
`41K Power to require name and address 18
`(1) This section applies if an investigation officer-- 19
(a) finds a person committing an offence against section 44, 20
45, 45A, 45B, 45C or 47; or 21
(b) finds a person in circumstances that lead the officer to 22
reasonably suspect the person has just committed an 23
offence against section 44, 45, 45A, 45B, 45C or 47; or 24
(c) has information that leads the officer to reasonably 25
suspect a person has committed an offence against 26
section 44, 45, 45A, 45B, 45C or 47. 27
`(2) The investigation officer may require the person to state the 28
person's name and residential address. 29
`(3) When making the requirement, the investigation officer must 30
warn the person it is an offence to fail to state the person's 31
name or residential address, unless the person has a 32
reasonable excuse. 33
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Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 7]
`(4) The investigation officer may require the person to give the 1
officer evidence of the correctness of the stated name or 2
residential address if the officer reasonably suspects the stated 3
name or address to be false. 4
`Division 3 Protection from liability 5
`41L Protection from liability 6
`(1) An investigation officer is not civilly liable for an act done, or 7
omission made, honestly and without negligence, when acting 8
as an investigation officer. 9
`(2) If subsection (1) prevents a civil liability attaching to an 10
investigation officer liability attaches instead to the State. 11
`(3) In this section-- 12
investigation officer includes a person required to help an 13
investigation officer under section 41J(3)(b).'. 14
Clause 7 Insertion of new ss 4445C 15
Part 6, before section 46-- 16
insert-- 17
`44 Failure to help investigation officer 18
`(1) A person required to give reasonable help under section 19
41J(3)(b) must comply with the requirement, unless the 20
person has a reasonable excuse. 21
Maximum penalty--10 penalty units. 22
`(2) It is a reasonable excuse for the person not to comply with the 23
requirement because complying with the requirement might 24
tend to incriminate the person. 25
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Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 7]
`45 Failure to answer questions 1
`(1) A person of whom a requirement is made under section 2
41J(3)(c) must, unless the person has a reasonable excuse, 3
comply with the requirement. 4
Maximum penalty--10 penalty units. 5
`(2) It is a reasonable excuse for the person to fail to comply with 6
the requirement that complying with the requirement might 7
tend to incriminate the person. 8
`45A Failure to give name or address 9
`(1) A person of whom a personal details requirement is made 10
must comply with the requirement, unless the person has a 11
reasonable excuse. 12
Maximum penalty--10 penalty units. 13
`(2) A person does not commit an offence against subsection (1) 14
if-- 15
(a) the person was required to state the person's name and 16
residential address by an investigation officer who 17
suspected the person had committed an offence against 18
this Act; and 19
(b) the person is not proved to have committed the offence 20
against this Act. 21
`(3) In this section-- 22
personal details requirement means a requirement under 23
section 41K(2) or (4). 24
`45B False or misleading statements 25
`A person must not state anything to an investigation officer 26
the person knows is false or misleading in a material 27
particular. 28
Maximum penalty--10 penalty units. 29
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Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 8]
`45C False or misleading documents 1
`(1) A person must not give an investigation officer a document 2
containing information the person knows is false or 3
misleading in a material particular. 4
Maximum penalty--10 penalty units. 5
`(2) Subsection (1) does not apply to a person if the person, when 6
giving the document-- 7
(a) tells the investigation officer, to the best of the person's 8
ability, how it is false or misleading; and 9
(b) if the person has, or can reasonably obtain, the correct 10
information--gives the correct information.'. 11
Clause 8 Replacement of s 47 (False calls) 12
Section 47-- 13
omit, insert-- 14
`47 False calls for ambulance service 15
`(1) A person must not request that the service provide an 16
ambulance service for a person (the patient), unless the 17
patient is sick or injured and requires an ambulance service. 18
Maximum penalty--100 penalty units or 1 year's 19
imprisonment. 20
`(2) For subsection (1), a request may be made orally, in writing or 21
by conduct. 22
`(3) An infringement notice under the State Penalties Enforcement 23
Act 1999 may be issued to a person for a contravention of 24
subsection (1) only if an investigation officer-- 25
(a) has investigated any lawful excuse of the person; and 26
(b) is satisfied the person does not have a lawful excuse.'. 27
Clause 9 Replacement of s 49 (Confidentiality) 28
Section 49-- 29
Page 15
Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 9]
omit, insert-- 1
`49 Unauthorised disclosure of confidential information 2
by a designated officer 3
`(1) A designated officer or former designated officer must not, 4
whether directly or indirectly, disclose confidential 5
information unless the disclosure is authorised under part 7, 6
division 1. 7
Maximum penalty--50 penalty units. 8
`(2) Subsection (1) does not apply to the disclosure of confidential 9
information to the person to whom the confidential 10
information relates. 11
`(3) In this section-- 12
confidential information means information a person has 13
because of being a designated officer that identifies a person 14
as a person who is receiving, or has received, an ambulance 15
service. 16
designated officer means-- 17
(a) the chief executive; or 18
(b) a service officer; or 19
(c) an honorary ambulance officer; or 20
(d) an agent of the service. 21
former designated officer means a person who was, but is no 22
longer, a designated officer. 23
`49A Unauthorised disclosure of confidential information 24
by an informed person 25
`(1) This section applies to a person (an informed person) who has 26
confidential information disclosed to the person, whether 27
directly or indirectly, by a designated officer. 28
`(2) The informed person must not, whether directly or indirectly, 29
disclose the confidential information to anyone else. 30
Maximum penalty--50 penalty units. 31
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Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 10]
`(3) Subsection (2) does not apply to the disclosure of confidential 1
information-- 2
(a) to the person to whom the confidential information 3
relates; or 4
(b) for a lawful purpose for which the confidential 5
information was originally disclosed to the informed 6
person; or 7
(c) required or allowed under an agreement specified in 8
section 50L; or 9
(d) authorised under an Act or another law. 10
`(4) In this section-- 11
confidential information means information an informed 12
person has because of subsection (1) that identifies a person as 13
a person who is receiving, or has received, an ambulance 14
service. 15
designated officer means-- 16
(a) the chief executive; or 17
(b) a service officer; or 18
(c) an honorary ambulance officer; or 19
(d) an agent of the service.'. 20
Clause 10 Insertion of new s 50C 21
Part 6, after section 50B-- 22
insert-- 23
`50C Order for payment if guilty of false call 24
`(1) If a person is convicted by a court of an offence against 25
section 47, the court may order the person to pay to the 26
service, a reasonable amount for the expenses of or incidental 27
to the provision of the ambulance service that was requested 28
by the person. 29
`(2) The court may make an order under subsection (1) in addition 30
to imposing a penalty for the offence. 31
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Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 11]
`(3) An amount ordered to be paid under subsection (1) may be 1
recovered by the service as a debt owing to it by the person. 2
`(4) Subsection (1) does not limit the court's powers under the 3
Penalties and Sentences Act 1992 or another law.'. 4
Clause 11 Insertion of new pt 7, div 1 and div 2 hdg 5
Part 7, before section 51-- 6
insert-- 7
`Division 1 Confidentiality 8
`50D Definitions for div 1 9
`In this division-- 10
confidential information means information a person has 11
because of being a designated officer that identifies a person 12
as a person who is receiving, or has received, an ambulance 13
service. 14
designated officer means-- 15
(a) the chief executive; or 16
(b) a service officer; or 17
(c) an honorary ambulance officer; or 18
(d) an agent of the service. 19
health practitioner registration Act means any one of the 20
following Acts-- 21
· Medical Practitioners Registration Act 2001 22
· Medical Radiation Technologists Registration Act 2001 23
· Occupational Therapists Registration Act 2001 24
· Pharmacists Registration Act 2001 25
· Physiotherapists Registration Act 2001 26
· Psychologists Registration Act 2001. 27
Page 18
Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 11]
health professional-- 1
(a) means a person registered under a health practitioner 2
registration Act or enrolled, registered or authorised to 3
practise under the Nursing Act 1992; or 4
(b) includes a person registered under a law of another State 5
that provides for the same matter as the Medical 6
Practitioners Registration Act 2001 or Nursing Act 7
1992, or a provision of one of those Acts. 8
`50E Disclosure required or permitted by law 9
`A designated officer is authorised to disclose confidential 10
information if the disclosure is required or permitted by an 11
Act or another law. 12
`50F Disclosure with consent 13
`(1) A designated officer is authorised to disclose confidential 14
information if the person to whom the confidential 15
information relates consents to the disclosure. 16
`(2) However, if the person to whom the confidential information 17
relates (the patient) does not have capacity to consent to the 18
disclosure, the disclosure is authorised if another person who 19
is authorised to consent on the patient's behalf consents to the 20
disclosure. 21
Example of a person who is authorised to consent on behalf of a patient-- 22
a parent or guardian 23
`50G Disclosure to person who has sufficient interest in 24
health and welfare of person 25
`(1) A designated officer is authorised to disclose confidential 26
information if the disclosure is to a person who, in the 27
officer's reasonable opinion, has a sufficient personal interest 28
in the health and welfare of the person to whom the 29
confidential information relates. 30
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Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 11]
Examples of a person who may have sufficient personal interest in the 1
health and welfare of a person to whom confidential information relates-- 2
· the person's child, guardian, parent or spouse 3
· an adult who is providing home care to the person because of a 4
chronic condition or disability 5
· a medical practitioner who has had responsibility for the care and 6
treatment of the person 7
`(2) However, subsection (1) does not apply if the person to whom 8
the confidential information relates requests the information 9
not to be disclosed. 10
`(3) For subsection (1), if the person to whom the confidential 11
information relates is deceased another person has a sufficient 12
personal interest in the health and welfare of the deceased 13
person if, in the officer's reasonable opinion, the other person 14
would have had a sufficient interest while the deceased person 15
was alive. 16
`50H Disclosure of confidential information for care or 17
treatment of person 18
`A designated officer is authorised to disclose confidential 19
information if the disclosure is required for the care or 20
treatment of the person to whom the information relates and 21
the disclosure is to-- 22
(a) an employee of a hospital who processes admissions of 23
patients to the hospital; or 24
(b) a health professional; or 25
(c) an honorary ambulance officer or service officer; or 26
(d) a member of an ambulance service (or similar body 27
providing ambulance services) from outside 28
Queensland. 29
`50I Disclosure is general condition of person 30
`(1) A designated officer is authorised to disclose confidential 31
information if the confidential information is about the 32
Page 20
Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 11]
condition of the person to whom the confidential information 1
relates and is communicated in general terms. 2
Example of communicated in general terms-- 3
A service officer discloses that a person's condition is "satisfactory". 4
`(2) However, subsection (1) does not apply if the person to whom 5
the confidential information relates requests the information 6
not to be disclosed. 7
`50J Disclosure to police or corrective services officers 8
`(1) A designated officer is authorised to disclose confidential 9
information if the disclosure is to-- 10
(a) a police officer for the purpose of the police officer 11
exercising a power under the Police Powers and 12
Responsibilities Act 2000 in relation to the person to 13
whom the confidential information relates; or 14
(b) a police officer and the person to whom the confidential 15
information relates is in the custody of police; or 16
(c) a corrective services officer and the person to whom the 17
confidential information relates is in the custody of the 18
chief executive (corrections). 19
Note-- 20
See the Corrective Services Act 2006, section 7, for when a 21
person is taken to be in the custody the chief executive 22
(corrections). 23
`(2) In this section-- 24
chief executive (corrections) means the chief executive of the 25
department in which the Corrective Services Act 2006 is 26
administered. 27
corrective services officer has the meaning given by the 28
Corrective Services Act 2006. 29
Page 21
Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 11]
`50K Disclosure for administering, monitoring or enforcing 1
compliance with Act 2
`A designated officer is authorised to disclose confidential 3
information if the disclosure is-- 4
(a) made for the purpose of administering, monitoring or 5
enforcing compliance with, this Act; or 6
(b) made for a proceeding in a court or tribunal; or 7
(c) to an entity for the purpose of the entity investigating or 8
determining if a service officer or honorary ambulance 9
officer has failed to comply with a code of practice. 10
`50L Disclosure to Commonwealth, another State or 11
Commonwealth or State entity 12
`(1) A designated officer is authorised to disclose confidential 13
information if-- 14
(a) the disclosure is to the Commonwealth or another State, 15
or an entity of the Commonwealth or another State and 16
the disclosure is required or allowed under an 17
agreement-- 18
(i) between Queensland and the Commonwealth, 19
State or entity; and 20
(ii) prescribed under a regulation for this paragraph; or 21
(b) the disclosure is to an entity of the State and the 22
disclosure is required or allowed under an agreement-- 23
(i) between the service and the entity; and 24
(ii) prescribed under a regulation for this paragraph. 25
`(2) In this section-- 26
entity, of the Commonwealth or a State, includes a department 27
and an entity established under an Act for a public purpose. 28
Page 22
Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 11]
`50M Disclosure to Health Quality and Complaints 1
Commission 2
`A designated officer is authorised to disclose confidential 3
information if the disclosure is to the Health Quality and 4
Complaints Commission for the purpose of-- 5
(a) making, or giving information about, a complaint about 6
a provider of health services; or 7
(b) answering questions or otherwise giving information as 8
part of an investigation under the Health Quality and 9
Complaints Commission Act 2006 about a person who is 10
or was a provider of health services; or 11
(c) giving the commission information about health 12
services including information requested by the 13
commission under the Health Quality and Complaints 14
Commission Act 2006, section 21; or 15
(d) giving the commission aggregated data, including data 16
that identifies persons, about complaint management, 17
patient safety or another matter relating to the quality of 18
health services. 19
`50N Disclosure to Australian Red Cross Society 20
`A designated officer is authorised to disclose confidential 21
information if the disclosure is to the Australian Red Cross 22
Society for the purpose of tracing blood, or blood products 23
derived from blood, infected with any disease or the donor or 24
recipient of any such blood. 25
`50O Disclosure to person performing function under 26
Coroners Act 2003 27
`A designated officer is authorised to disclose confidential 28
information if the disclosure is to a person who requires the 29
information to perform a function under the Coroners Act 30
2003, other than the preparation of an annual report. 31
Page 23
Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 11]
`50P Disclosure is authorised by chief executive 1
`(1) A designated officer is authorised to disclose confidential 2
information if the chief executive has, in writing, authorised 3
the disclosure. 4
`(2) The chief executive may only authorise a disclosure of 5
confidential information under subsection (1) if the chief 6
executive is satisfied, on reasonable grounds, that the 7
disclosure is-- 8
(a) in the public interest; or 9
(b) necessary to assist in averting a serious risk to the life, 10
health or safety of any person, including the person to 11
whom the confidential information relates; or 12
(c) made for the purpose of research which has the approval 13
of an appropriate ethics committee. 14
`(3) The department's annual report for a financial year under the 15
Financial Administration and Audit Act 1977 must include 16
details of-- 17
(a) the nature of any confidential information disclosed 18
under subsection (1) during the financial year; and 19
(b) the purpose for which the confidential information was 20
disclosed. 21
`(4) However, the details mentioned in subsection (3)(a) must not 22
identify, directly or indirectly, the person to whom the 23
confidential information relates. 24
`(5) Despite the Public Service Act 2008, section 103, the chief 25
executive may not delegate the chief executive's power under 26
subsection (1). 27
`50Q Necessary or incidental disclosure 28
`A designated officer is authorised to disclose confidential 29
information if the disclosure of confidential information by a 30
designated person is necessary or incidental to a disclosure of 31
confidential information otherwise permitted under this 32
division. 33
Page 24
Emergency Services Legislation Amendment Bill 2008
Part 2 Amendment of Ambulance Service Act 1991
[s 12]
Examples of necessary or incidental disclosure-- 1
· the disclosure of confidential information to support staff at a public 2
sector hospital who make appointments for patients, maintain patient 3
records and undertake other administrative tasks 4
· the disclosure of confidential information to advise the chief 5
executive about authorising the disclosure of confidential 6
information under section 50P 7
· accessing contact details for a person to seek the person's consent 8
under section 50F to the disclosure of confidential information 9
· permitting contractors to access databases to write, test or analyse 10
programs, perform database administration tasks or maintain 11
technical aspects of computer hardware 12
`50R Application of this division to former designated 13
officers 14
`(1) Section 50E, 50F, 50J, 50M, 50O or 50Q (the relevant 15
provision) applies to the disclosure of confidential 16
information by a former designated person in the same way as 17
it applies to the disclosure of confidential information by a 18
designated person. 19
`(2) For subsection (1), a reference in the relevant provision to a 20
designated person is taken to be a reference to a former 21
designated person. 22
`(3) In this section-- 23
former designated officer means a person who was, but is no 24
longer, a designated officer. 25
`Division 2 Other matters'. 26
Clause 12 Amendment of s 53A (Function of Emergency Services 27
Advisory Council) 28
Section 53A(1)(a)(iii)-- 29
omit. 30
Page 25
Emergency Services Legislation Amendment Bill 2008
Part 3 Amendment of Fire and Rescue Service Act 1990
[s 13]
Clause 13 Amendment of schedule (Dictionary) 1
(1) Schedule-- 2
insert-- 3
`health service see Health Services Act 1991, section 3. 4
honorary ambulance officer means a person appointed as an 5
honorary ambulance officer under section 14(1).'. 6
(2) Schedule, definition ambulance service, `prehospital'-- 7
omit. 8
Part 3 Amendment of Fire and Rescue 9
Service Act 1990 10
Clause 14 Act amended 11
This part amends the Fire and Rescue Service Act 1990. 12
Clause 15 Amendment of s 12 (Role of commissioner) 13
Section 12(2)-- 14
omit. 15
Clause 16 Amendment of s 35 (Functions of council) 16
(1) Section 35(1)-- 17
omit, insert-- 18
`(1) The council's function is to advise the Minister about the 19
following matters-- 20
(a) the extent to which current service delivery by the 21
service-- 22
(i) meets community needs; and 23
Page 26
Emergency Services Legislation Amendment Bill 2008
Part 3 Amendment of Fire and Rescue Service Act 1990
[s 17]
(ii) contributes to the achievement of the government's 1
desired outcomes for the community; and 2
(iii) meets community expectations about the use of 3
fire as a means of hazard reduction and sustainable 4
land management; and 5
(iv) impacts on the environment; 6
(b) preparing for, and responding to, fire in rural areas 7
including the operation of rural fire brigades and the fire 8
fighting or fire prevention function of emergency service 9
units; 10
(c) fire safety, fire prevention and the reduction of fire 11
danger in rural areas; 12
(d) using fire as a means of sustainable land management in 13
rural areas; 14
(e) the functions, capacity and capability of the department 15
in supporting disaster mitigation and response activity; 16
(f) anything else referred to it by the Minister-- 17
(i) that is relevant to the functions of the service; or 18
(ii) that relates to activities carried out or funded by the 19
department.'. 20
(2) Section 35(2)-- 21
omit. 22
(3) Section 35(3)-- 23
renumber as section 35(2). 24
Clause 17 Omission of pt 5 (Rural Fire Advisory Council) 25
Part 5-- 26
omit. 27
Clause 18 Amendment of s 57 (Power to require name and address) 28
Section 57(1)-- 29
Page 27
Emergency Services Legislation Amendment Bill 2008
Part 3 Amendment of Fire and Rescue Service Act 1990
[s 19]
omit, insert-- 1
`(1) This section applies if an authorised fire officer-- 2
(a) finds a person committing an offence against this Act; or 3
(b) finds a person in circumstances that lead the officer to 4
reasonably suspect the person has just committed an 5
offence against this Act; or 6
(c) has information that leads the officer to reasonably 7
suspect a person has committed an offence against this 8
Act.'. 9
Clause 19 Omission of pt 6A, hdg (Decontamination) 10
Part 6A, heading-- 11
omit. 12
Clause 20 Insertion of new pt 6A 13
After section 60A-- 14
insert-- 15
`Part 6A Powers of investigation officers 16
`Division 1 Investigation officers 17
`60B Appointment 18
`(1) The commissioner may appoint any of the following persons 19
as an investigation officer-- 20
(a) a public service employee; 21
(b) a fire service officer; 22
(c) a person prescribed under a regulation. 23
`(2) However, the commissioner may appoint a person as an 24
investigation officer only if the commissioner is satisfied the 25
Page 28
Emergency Services Legislation Amendment Bill 2008
Part 3 Amendment of Fire and Rescue Service Act 1990
[s 20]
person is qualified for appointment because the person has the 1
necessary expertise or experience. 2
`60C Appointment conditions and limit on powers 3
`(1) An investigation officer holds office on any conditions stated 4
in-- 5
(a) the officer's instrument of appointment; or 6
(b) a signed notice given to the officer; or 7
(c) a regulation. 8
`(2) The instrument of appointment, a signed notice given to the 9
investigation officer or a regulation may limit the officer's 10
powers under this Act. 11
`(3) In this section-- 12
signed notice means a notice signed by the commissioner. 13
`60D When investigation officer ceases to hold office 14
`(1) An investigation officer ceases to hold office if any of the 15
following happens-- 16
(a) the term of office stated in a condition of office ends; 17
(b) under another condition of office, the officer ceases to 18
hold office. 19
`(2) Subsection (1) does not limit the ways an investigation officer 20
may cease to hold office. 21
`(3) In this section-- 22
condition of office means a condition on which the 23
investigation officer holds office. 24
`60E Functions of investigation officers 25
`An investigation officer has the function of investigating 26
offences against this part and section 146A. 27
Page 29
Emergency Services Legislation Amendment Bill 2008
Part 3 Amendment of Fire and Rescue Service Act 1990
[s 20]
`60F Issue of identity card 1
`(1) The commissioner must issue an identity card to each 2
investigation officer. 3
`(2) The identity card must-- 4
(a) contain a recent photo of the investigation officer; and 5
(b) contain a copy of the investigation officer's signature; 6
and 7
(c) identify the person as an investigation officer under this 8
Act; and 9
(d) state an expiry date for the card. 10
`(3) This section does not prevent the issue of a single identity 11
card to a person for this Act and other purposes. 12
`60G Production or display of identity card 13
`(1) In exercising a power under this part in relation to a person, an 14
investigation officer must-- 15
(a) produce the officer's identity card for the person's 16
inspection before exercising the power; or 17
(b) have the identity card displayed so it is clearly visible to 18
the person when exercising the power. 19
`(2) However, if it is not practicable to comply with subsection (1), 20
the investigation officer must produce the identity card for the 21
person's inspection at the first reasonable opportunity. 22
`(3) For subsection (1), an investigation officer does not exercise a 23
power in relation to a person only because the officer has 24
entered a place as mentioned in section 60I(1)(b) or (2). 25
`60H Return of identity card 26
`A person who ceases to be an investigation officer must 27
return the person's identity card to the commissioner within 28
Page 30
Emergency Services Legislation Amendment Bill 2008
Part 3 Amendment of Fire and Rescue Service Act 1990
[s 20]
21 days after ceasing to be an investigation officer unless the 1
person has a reasonable excuse. 2
Maximum penalty--10 penalty units. 3
`Division 2 Powers of investigation officers 4
`60I Power to enter places 5
`(1) An investigation officer may enter a place if-- 6
(a) an occupier of the place consents to the entry; or 7
(b) it is a public place and the entry is made when it is open 8
to the public. 9
`(2) For the purpose of asking the occupier of a place for consent 10
to enter, an investigation officer may, without the occupier's 11
consent or a warrant-- 12
(a) enter land around premises at the place to an extent that 13
is reasonable to contact the occupier; or 14
(b) enter part of the place the officer reasonably considers 15
members of the public ordinarily are allowed to enter 16
when they wish to contact the occupier. 17
`(3) In this section-- 18
public place means-- 19
(a) a place to which members of the public have access as 20
of right, whether or not on payment of a fee and whether 21
or not access to the place may be restricted at particular 22
times or for particular purposes; or 23
(b) a part of a place that the occupier of the place allows 24
members of the public to enter, but only while the place 25
is ordinarily open to members of the public. 26
Page 31
Emergency Services Legislation Amendment Bill 2008
Part 3 Amendment of Fire and Rescue Service Act 1990
[s 20]
`60J Entry with consent 1
`(1) This section applies if an investigation officer intends to ask 2
an occupier of a place to consent to the officer or another 3
investigation officer entering the place. 4
`(2) Before asking for the consent, the investigation officer must 5
tell the occupier-- 6
(a) the purpose of the entry; and 7
(b) that the occupier is not required to consent. 8
`(3) If the consent is given, the investigation officer may ask the 9
occupier to sign an acknowledgement of the consent. 10
`(4) The acknowledgement must state-- 11
(a) the occupier has been told-- 12
(i) the purpose of the entry; and 13
(ii) that the occupier is not required to consent; and 14
(b) the purpose of the entry; and 15
(c) the occupier gives the investigation officer consent to 16
enter the place and exercise powers under this part; and 17
(d) the time and date the consent was given. 18
`(5) If the occupier signs an acknowledgement, the investigation 19
officer must immediately give a copy to the occupier. 20
`(6) If-- 21
(a) an issue arises in a proceeding about whether the 22
occupier consented to the entry; and 23
(b) an acknowledgement complying with subsection (4) for 24
the entry is not produced in evidence; 25
the onus of proof is on the person relying on the lawfulness of 26
the entry to prove the occupier consented. 27
`60K General powers after entering places 28
`(1) This section applies to an investigation officer who enters a 29
place. 30
Page 32
Emergency Services Legislation Amendment Bill 2008
Part 3 Amendment of Fire and Rescue Service Act 1990
[s 20]
`(2) However, if an investigation officer enters a place to get the 1
occupier's consent to enter a place, this section applies to the 2
officer only if the consent is given or the entry is otherwise 3
authorised. 4
`(3) For monitoring and enforcing compliance with this part or 5
section 146A, the investigation officer may-- 6
(a) copy a document at the place or take the document to 7
another place to copy it; or 8
(b) require a person at the place, to give the officer 9
reasonable help to exercise the officer's powers under 10
paragraph (a); or 11
(c) require a person at the place, to answer questions by the 12
officer to help the officer ascertain whether the person, 13
or another person at the place, committed an offence 14
against this Act. 15
`(4) When making a requirement mentioned in subsection (3)(b) 16
or (c), the investigation officer must warn the person it is an 17
offence to fail to comply with the requirement, unless the 18
person has a reasonable excuse. 19
`(5) If an investigation officer takes a document from a place to 20
copy it, the document must be copied as soon as practicable 21
and returned to the place. 22
`(6) To remove any doubt, it is declared that this section applies to 23
an investigation officer who is also an authorised fire officer 24
and enters a place for the purpose of exercising a power under 25
part 6. 26
`(7) Also, the powers an investigation officer mentioned in 27
subsection (6) has under this section are in addition to, and do 28
not limit, any powers the officer may have under part 6. 29
`60L Failure to help investigation officer 30
`(1) A person required to give reasonable help under section 31
60K(3)(b) must comply with the requirement, unless the 32
person has a reasonable excuse. 33
Page 33
Emergency Services Legislation Amendment Bill 2008
Part 3 Amendment of Fire and Rescue Service Act 1990
[s 20]
Maximum penalty--10 penalty units. 1
`(2) It is a reasonable excuse for the person not to comply with the 2
requirement because complying with the requirement might 3
tend to incriminate the person. 4
`60M Failure to answer questions 5
`(1) A person of whom a requirement is made under section 6
60K(3)(c) must, unless the person has a reasonable excuse, 7
comply with the requirement. 8
Maximum penalty--10 penalty units. 9
`(2) It is a reasonable excuse for the person to fail to comply with 10
the requirement that complying with the requirement might 11
tend to incriminate the person. 12
`60N Power to require name and address 13
`(1) This section applies if an investigation officer-- 14
(a) finds a person committing an offence against this part or 15
section 146A; or 16
(b) finds a person in circumstances that lead the officer to 17
reasonably suspect the person has just committed an 18
offence against this part or section 146A; or 19
(c) has information that leads the officer to reasonably 20
suspect a person has committed an offence against this 21
part or section 146A. 22
`(2) The investigation officer may require the person to state the 23
person's name and residential address. 24
`(3) When making the requirement, the investigation officer must 25
warn the person it is an offence to fail to state the person's 26
name or residential address, unless the person has a 27
reasonable excuse. 28
`(4) The investigation officer may require the person to give the 29
officer evidence of the correctness of the stated name or 30
Page 34
Emergency Services Legislation Amendment Bill 2008
Part 3 Amendment of Fire and Rescue Service Act 1990
[s 20]
residential address if the officer reasonably suspects the stated 1
name or address to be false. 2
`60O Failure to give name or address 3
`(1) A person of whom a personal details requirement is made 4
must comply with the requirement, unless the person has a 5
reasonable excuse. 6
Maximum penalty--10 penalty units. 7
`(2) A person does not commit an offence against subsection (1) 8
if-- 9
(a) the person was required to state the person's name and 10
residential address by an investigation officer who 11
suspected the person had committed an offence against 12
this Act; and 13
(b) the person is not proved to have committed the offence 14
against this Act. 15
`(3) In this section-- 16
personal details requirement means a requirement under 17
section 60N(2) or (4). 18
`60P False or misleading statements 19
`A person must not state anything to an investigation officer 20
the person knows is false or misleading in a material 21
particular. 22
Maximum penalty--10 penalty units. 23
`60Q False or misleading documents 24
`(1) A person must not give an investigation officer a document 25
containing information the person knows is false or 26
misleading in a material particular. 27
Maximum penalty--10 penalty units. 28
Page 35
Emergency Services Legislation Amendment Bill 2008
Part 3 Amendment of Fire and Rescue Service Act 1990
[s 21]
`(2) Subsection (1) does not apply to a person if the person, when 1
giving the document-- 2
(a) tells the investigation officer, to the best of the person's 3
ability, how it is false or misleading; and 4
(b) if the person has, or can reasonably obtain, the correct 5
information--gives the correct information.'. 6
Clause 21 Insertion of new s 146A 7
After section 146-- 8
omit, insert-- 9
`146A False calls 10
`(1) A person must not-- 11
(a) request that the service provide a fire and rescue service 12
at a place unless a fire and rescue service is required at 13
the place; or 14
(b) give a false alarm of fire. 15
Maximum penalty-- 16
(a) if the offence is committed during a state of fire 17
emergency at a place to which the declaration of 18
emergency applies--250 penalty units or 1 year's 19
imprisonment; or 20
(b) otherwise----100 penalty units or 1 year's 21
imprisonment. 22
`(2) For subsection (1), a request may be made orally, in writing or 23
by conduct. 24
Example of conduct being a request that the service provide a fire and 25
rescue service at a place-- 26
activation of a break-glass fire alarm 27
`(3) An infringement notice under the State Penalties Enforcement 28
Act 1999 may be issued to a person for a contravention of 29
subsection (1) only if an investigation officer-- 30
(a) has investigated any lawful excuse of the person; and 31
Page 36
Emergency Services Legislation Amendment Bill 2008
Part 3 Amendment of Fire and Rescue Service Act 1990
[s 22]
(b) is satisfied the person does not have a lawful excuse. 1
`(4) In this section-- 2
fire and rescue service means protection or rescue by the 3
service-- 4
(a) of persons, property and the environment from fire and 5
hazardous materials emergencies; or 6
(b) of persons trapped in a vehicle or building or otherwise 7
endangered.'. 8
Clause 22 Amendment of s 147 (Offences) 9
(1) Section 147(f)-- 10
omit. 11
(2) Section 147, penalty, paragraph (d)-- 12
omit. 13
Clause 23 Insertion of new s 150 14
After section 149A-- 15
insert-- 16
`150 Order for payment if guilty of false call 17
`(1) If a person is convicted by a court of an offence against 18
section 146A, the court may order the person to pay to the 19
service, a reasonable amount for the expenses of or incidental 20
to the provision of the fire and rescue service that was 21
requested by the person. 22
`(2) The court may make an order under subsection (1) in addition 23
to imposing a penalty for the offence. 24
`(3) An amount ordered to be paid under subsection (1) may be 25
recovered by the service as a debt owing to it by the person. 26
`(4) Subsection (1) does not limit the court's powers under the 27
Penalties and Sentences Act 1992 or another law.'. 28
Page 37
Emergency Services Legislation Amendment Bill 2008
Part 3 Amendment of Fire and Rescue Service Act 1990
[s 24]
Clause 24 Amendment of sch 6 (Dictionary) 1
Schedule 6, definition council-- 2
omit. 3
© State of Queensland 2008
Page 38
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