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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
JUSTICES (WARRANTS)
AMENDMENT BILL 1996
Queensland
JUSTICES (WARRANTS) AMENDMENT
BILL 1996
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 4 (Meaning of terms) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Renumbering of ss 65 and 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Insertion of new pt 4, divs 6A and 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Division 6A--Procedures for computer warrants
66 Purpose and application of division . . . . . . . . . . . . . . . . . . . . . . . . . . 5
67 Approved procedures for computer warrants . . . . . . . . . . . . . . . . . . . 5
68 Creation of a computer warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
69 Computer version of computer warrant . . . . . . . . . . . . . . . . . . . . . . . 7
69A Written version of computer warrant . . . . . . . . . . . . . . . . . . . . . . . . . 7
69B Execution of a computer warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
69C Further procedure on execution of warrant . . . . . . . . . . . . . . . . . . . . 8
Division 6B--Execution of written warrants using electronic
copies or a computer document
69D Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
69E Facilitation of execution of written warrant . . . . . . . . . . . . . . . . . . . 9
1996
A BILL
FOR
An Act to enable warrants to be created, stored and managed in
computers, and for other purposes
s1 4 s5
Justices (Warrants) Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Justices (Warrants) Amendment Act 3
1996. 4
amended 5
Act
Clause 2. This Act amends the Justices Act 1886. 6
of s 4 (Meaning of terms) 7
Amendment
Clause 3.(1) Section 4, heading-- 8
omit, insert-- 9
`Definitions'. 10
(2) Section 4-- 11
insert-- 12
` "approved procedures", for computer warrants, see section 67(1). 13
"computer warrant" see section 67(1).1'. 14
of ss 65 and 69 15
Renumbering
Clause 4. Sections 65 and 69-- 16
renumber as sections 64 and 65. 17
of new pt 4, divs 6A and 6B 18
Insertion
Clause 5. Part 4-- 19
insert-- 20
1 Section 67 (Approved procedures for computer warrants)
s5 5 s5
Justices (Warrants) Amendment
`Division 6A--Procedures for computer warrants 1
and application of division 2
`Purpose
`66.(1) This division authorises procedures under which computers may 3
be used to create, store and otherwise manage warrants. 4
`(2) The objective of the procedures is to reduce the handling of warrants 5
in the form of written documents. 6
`(3) For this division, it is immaterial whether a warrant is a type that is 7
issued-- 8
(a) by a justice or anyone else; or 9
(b) under this or another Act. 10
`(4) However, the warrant must be of a type prescribed under a 11
regulation. 12
procedures for computer warrants 13
`Approved
`67.(1) A warrant ("computer warrant") may be created in the form of 14
computer stored information under procedures ("approved 15
procedures")-- 16
(a) prescribed under a regulation; or 17
(b) made by the chief executive, by the commissioner of the police 18
service, or jointly by the chief executive and commissioner, and 19
approved under a regulation; or 20
(c) partly prescribed under a regulation, and partly made as 21
mentioned in paragraph (b) and approved under a regulation. 22
`(2) Approved procedures may include provision for the following-- 23
(a) the use of computer systems for computer warrants; 24
(b) the generation and management of written versions of computer 25
warrants; 26
(c) security of, and access to, information about warrants that is kept 27
in computer systems; 28
(d) any matter required or permitted to be prescribed under approved 29
s5 6 s5
Justices (Warrants) Amendment
procedures; 1
(e) any matter necessary or convenient to be prescribed for carrying 2
out or giving effect to this division. 3
of a computer warrant 4
`Creation
`68.(1) The creation of a computer warrant by a person under the 5
approved procedures has the same effect as the issue of the same type of 6
warrant under the person's hand. 7
`(2) Without limiting subsection (1), a requirement under an Act that a 8
warrant be issued by a person, issued under a person's hand, or signed by a 9
person, is taken to be complied with if the person creates the warrant as a 10
computer warrant. 11
`(3) A computer warrant may be created even though the warrant is 12
authorised under a provision of an Act authorising the issue of a warrant on 13
application made by telephone or other form of distance communication. 14
`(4) For a computer warrant mentioned in subsection (3)-- 15
(a) a requirement that a form or copy of the warrant be completed or 16
made for execution or otherwise may be complied with by 17
making a written version of the warrant or, if the form or copy is 18
made for execution, a document mentioned in section 69B(1)(b); 19
and 20
(b) a requirement that the warrant or a form or copy of the warrant be 21
dealt with in a particular way may be complied with by dealing 22
with a written version of the warrant in that way or by completing 23
another process stated in the approved procedures. 24
25
Example of paragraph (b)--
26
A requirement that a form of a warrant be sent to the issuing magistrate may be
27
complied with by sending a written version of the warrant to the magistrate.
`(5) Subsections (3) and (4) do not limit the application of other 28
provisions of this division to the type of warrant to which the subsections 29
apply or to another type of warrant. 30
s5 7 s5
Justices (Warrants) Amendment
version of computer warrant 1
`Computer
`69.(1) This section applies to information stored in a computer for a 2
computer warrant. 3
`(2) The information must include, for the creation of the warrant or any 4
step in the warrant's use-- 5
(a) information that would have been included or endorsed on the 6
warrant were the warrant issued in writing; and 7
(b) any information prescribed under a regulation. 8
`(3) The information may include directions and conditions. 9
version of computer warrant 10
`Written
`69A.(1) A written version of a computer warrant may be generated 11
under the approved procedures. 12
`(2) The written version must state the following-- 13
(a) the time the written version was made; 14
(b) the time the written version is taken to be cancelled under 15
subsection (4); 16
(c) information that would have been included on the warrant were 17
the warrant issued in writing; 18
(d) any information prescribed under a regulation. 19
`(3) The written version is taken to be an original warrant issued at the 20
time of computer warrant's creation by the person who created the 21
computer warrant. 22
`(4) The written version-- 23
(a) may be cancelled by endorsement of anyone entitled to execute 24
the warrant; and 25
(b) is taken to be cancelled 8 hours after it is made, if it has not been 26
executed by that time. 27
`(5) The making or cancellation of the written version does not affect the 28
existence of the computer warrant. 29
s5 8 s5
Justices (Warrants) Amendment
of a computer warrant 1
`Execution
`69B.(1) A computer warrant may be executed by using-- 2
(a) a written version of the warrant; or 3
(b) information about the warrant in another document made under 4
the approved procedures. 5
`(2) A document mentioned in subsection (1)(b) used to execute a 6
computer warrant must include information prescribed under a regulation. 7
`(3) The execution of a computer warrant by using a document 8
mentioned in subsection (1)(b) has the same effect as if the document were 9
the computer warrant. 10
`(4) If anyone is arrested on execution of a computer warrant using a 11
document mentioned in subsection (1)(b), a written version of the warrant, 12
made before or after the execution, must then be dealt with as if the written 13
version of the warrant had been used. 14
`(5) In a proceeding before a court in which execution of a computer 15
warrant is relevant-- 16
(a) a document purporting to be a written version of the warrant 17
certified by the person who made it under the approved 18
procedures is admissible as proof of the warrant it purports to be; 19
and 20
(b) unless the court requires a written version to be produced, a 21
document purporting to be a document mentioned in 22
subsection (1)(b), certified under a regulation, is admissible as 23
proof of a warrant it purports to contain information about. 24
procedure on execution of warrant 25
`Further
`69C.(1) If a particular type of warrant is required on execution to be 26
endorsed, returned, filed or otherwise dealt with, the requirement may be 27
complied with for a computer warrant of that type in a way stated in the 28
approved procedures. 29
30
Example--
31
The approved procedures may provide for a return or endorsement to be made by--
32
(a) storing information in a computer in a way stated in the procedures; or
s5 9 s5
Justices (Warrants) Amendment
1
(b) using, in a way stated in the procedures, a document used to execute the
2
warrant or another document.
`(2) The endorsement, return, filing or other dealing under the procedures 3
has the same effect as if the warrant were endorsed, returned, filed or 4
otherwise dealt with in the way a written warrant would have been dealt 5
with. 6
`Division 6B--Execution of written warrants using electronic copies or a 7
computer document 8
of division 9
`Application
`69D.(1) This division applies to a written warrant issued by a justice or 10
anyone else under any Act. 11
`(2) The purpose of this division is to facilitate the execution of written 12
warrants. 13
of execution of written warrant 14
`Facilitation
`69E.(1) A written warrant may be executed by using-- 15
(a) a copy of the warrant printed from a fax machine or computer; or 16
(b) a document prescribed under a regulation containing information 17
about outstanding warrants. 18
`(2) The warrant copy mentioned in subsection (1)(a) must contain, in 19
the text printed from the fax machine or computer-- 20
(a) a certificate of a person using the fax machine or computer to 21
send or make available the copy that the person has seen the 22
original warrant and the copy is a copy of the original warrant; 23
and 24
(b) a statement specifying the time the copy was sent or made 25
available. 26
`(3) The copy may be used to execute the original warrant for only 8 27
hours after the specified time. 28
s5 10 s5
Justices (Warrants) Amendment
`(4) In a proceeding before a court in which execution of the warrant is 1
relevant-- 2
(a) a document purporting to be a warrant copy mentioned in 3
subsection (1)(a) certified by the person receiving the copy is 4
admissible as proof of the warrant it purports to be; and. 5
(b) a document purporting to be a prescribed document mentioned in 6
subsection (1)(b), certified under a regulation, is admissible as 7
proof of the warrants it purports to contain information about. 8
`(5) However, the court may require the original warrant to be produced 9
as soon as practicable or at a later specified time.'. 10
11
© State of Queensland 1996
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