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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Police and Other Legislation
Amendment Bill 2004
Queensland
Police and Other Legislation Amendment
Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Police Powers and Responsibilities Act 2000
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 148 (Covert search warrant applications) . . . . . 6
5 Amendment of s 151 (Issue of covert search warrant). . . . . . . . . 7
6 Amendment of s 152 (What covert search warrant must state) . . 7
7 Amendment of s 153 (Duration and extension of covert search
warrant) .......................................... 7
8 Amendment of s 155 (Powers under covert search warrant) . . . . 7
9 Amendment of s 209 (Additional case where arrest of adult
may be discontinued) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Amendment of s 223 (Parent and chief executive to be advised
of arrest or service of notice to appear) . . . . . . . . . . . . . . . . . . . . 9
11 Amendment of s 225 (Duty of police officer receiving custody of
person arrested for offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
12 Amendment of s 231 (Chief executive must be advised of
application for removal order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Insertion of new ch 7, pt 3, div 4A . . . . . . . . . . . . . . . . . . . . . . . . 10
Division 4A Exclusion of support persons in particular
circumstances
257A Application of div 4A. . . . . . . . . . . . . . . . . . . . . . . . . . 11
257B When is a person unable to properly perform the
role of a support person . . . . . . . . . . . . . . . . . . . . . . . 11
257C Police officer may exclude support person from
questioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
257D If police officer excludes support person from
questioning of relevant person . . . . . . . . . . . . . . . . . . 13
2
Police and Other Legislation Amendment Bill 2004
14 Amendment of s 284 (Application of pt 3) . . . . . . . . . . . . . . . . . . 13
15 Amendment of s 316 (Taking DNA sample from child). . . . . . . . . 13
16 Amendment of s 323 (Notice to be given of application for
disease test order for child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Amendment of s 443H (Function and powers of drug control
officer) ......................................... 14
18 Section 443L (Requirements for keeping of dangerous drugs for
training purposes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Amendment of s 443N (Information to be recorded in the
register of dangerous drugs for training) . . . . . . . . . . . . . . . . . . . 14
20 Amendment of s 446 (Performance of duty). . . . . . . . . . . . . . . . . 15
21 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 15
Part 3 Amendment of Police Service Administration Act 1990
22 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
23 Amendment of s 1.4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 16
24 Amendment of s 5A.2 (Definitions for pt 5A) . . . . . . . . . . . . . . . . 17
25 Amendment of s 5A.3 (Persons to whom pt 5A applies) . . . . . . . 17
26 Amendment of s 5A.14 (Providing specimens for targeted
substance test) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 Amendment of s 5A.20 (Test result evidence generally
inadmissible) .................................... 17
28 Insertion of new s 5A.21A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5A.21A Agreements about counselling and rehabilitation. . . . 18
29 Amendment of s 7.2 (Duty concerning misconduct or breaches
of discipline) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
30 Amendment of s 10.1 (Improper disclosure of information) . . . . . 19
31 Amendment of s 10.2 (Authorisation of disclosure) . . . . . . . . . . . 19
32 Amendment of s 10.24 (Representation of officers in court) . . . . 20
33 Insertion of new s 11.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
11.5 Declaration about s 5.17 . . . . . . . . . . . . . . . . . . . . . . 20
Part 4 Amendment of Security Providers Act 1993
34 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
35 Amendment of s 18 (Production of licence) . . . . . . . . . . . . . . . . . 21
Part 5 Amendment of Weapons Act 1990
36 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
37 Insertion of new ss 18AA18AB. . . . . . . . . . . . . . . . . . . . . . . . . . 21
18AA Alternative provision for renewal application if
licensee is an individual . . . . . . . . . . . . . . . . . . . . . . . 21
18AB What is required information for s 18AA. . . . . . . . . . . 22
3
Police and Other Legislation Amendment Bill 2004
38 Amendment of s 33 (Interstate residents moving to Queensland) 23
39 Insertion of new div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 3A Marking serial numbers on unmarked firearms
48A Marking serial numbers on unmarked firearms . . . . . 24
48B Approval of alternative way of marking serial number 25
40 Amendment of s 50 (Possession of weapons) . . . . . . . . . . . . . . . 26
41 Amendment of s 77 (Collector's licence (weapons)) . . . . . . . . . . 26
42 Insertion of new ss 113A113C . . . . . . . . . . . . . . . . . . . . . . . . . . 26
113A Authorised officer may amend approval conditions . . 26
113B Authorised officer may make temporary amendment
of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
113C Suspending or revoking approval . . . . . . . . . . . . . . . . 28
43 Insertion of new s 185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
185 Declaration relating to s 33(3)(a) . . . . . . . . . . . . . . . . 28
2004
A Bill
for
An Act to amend legislation administered by the Minister for
Police and Corrective Services, and for other purposes
s1 6 s4
Police and Other Legislation Amendment Bill 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Police and Other Legislation 4
Amendment Act 2004. 5
Clause 2 Commencement 6
This Act, other than part 3 and sections 38 and 43, 1
7
commences on a day to be fixed by proclamation. 8
Part 2 Amendment of Police Powers 9
and Responsibilities Act 2000 10
Clause 3 Act amended in pt 2 11
This part amends the Police Powers and Responsibilities 12
Act 2000. 13
Clause 4 Amendment of s 148 (Covert search warrant applications) 14
(1) Section 148(1), after `evidence of'-- 15
insert-- 16
`a designated offence,'. 17
(2) Section 148(2)(b), after `involved in the'-- 18
1 Part 3 (Amendment of Police Service Administration Act 1990) and sections
38 (Amendment of s 33 (Interstate residents moving to Queensland)) and
43 (Insertion of new s 185)
s5 7 s8
Police and Other Legislation Amendment Bill 2004
insert-- 1
`designated offence,'. 2
Clause 5 Amendment of s 151 (Issue of covert search warrant) 3
Section 151(1), after `evidence of'-- 4
insert-- 5
`a designated offence,'. 6
Clause 6 Amendment of s 152 (What covert search warrant must 7
state) 8
Section 152(b), `the organised'-- 9
omit, insert-- 10
`the designated offence or organised'. 11
Clause 7 Amendment of s 153 (Duration and extension of covert 12
search warrant) 13
Section 153-- 14
insert-- 15
`(4) Despite the ending of the warrant under subsection (1), the 16
police officer may continue to exercise powers under the 17
warrant, but only to the extent necessary to return a thing 18
seized under the warrant and taken to a place for a purpose 19
mentioned in section 155(2)(a) or (b).'. 20
Clause 8 Amendment of s 155 (Powers under covert search 21
warrant) 22
(1) Section 155(e), after `commission of'-- 23
insert-- 24
`a designated offence or'. 25
(2) Section 155(f), after `commission of'-- 26
insert-- 27
`a designated offence or'. 28
s9 8 s9
Police and Other Legislation Amendment Bill 2004
(3) Section 155-- 1
insert-- 2
`(2) Also, a police officer has the following powers under a covert 3
search warrant if authorised under the warrant-- 4
(a) power to take a thing, or part of a thing, seized under the 5
warrant, as a sample, to a place with appropriate 6
facilities for testing the thing for evidence of the 7
commission of the designated offence or organised 8
crime or of terrorism to which the warrant relates; 9
(b) power to do any of the following in relation to a vehicle 10
a police officer enters under the warrant if the police 11
officer reasonably suspects the vehicle has evidence of 12
the commission of the designated offence or organised 13
crime or of terrorism to which the warrant relates in or 14
on it-- 15
(i) seize the vehicle; 16
(ii) take the vehicle to a place with appropriate 17
facilities for searching the vehicle; 18
(iii) remove walls, ceiling linings, panels or fittings of 19
the vehicle for the purpose of searching the 20
vehicle; 21
(iv) search the vehicle for evidence of the designated 22
offence or organised crime or of terrorism to which 23
the warrant relates.'. 24
Clause 9 Amendment of s 209 (Additional case where arrest of 25
adult may be discontinued) 26
(1) Section 209(2)-- 27
omit, insert-- 28
`(2) It is the duty of a police officer to release the person at the 29
earliest reasonable opportunity if-- 30
(a) the reason for arresting the person no longer exists or is 31
unlikely to happen again if the person is released; and 32
(b) either-- 33
s 10 9 s 10
Police and Other Legislation Amendment Bill 2004
(i) if the person is arrested for an offence that is an 1
infringement notice offence--it is more 2
appropriate to serve an infringement notice on the 3
person for the offence and the infringement notice 4
has been served on the person; or 5
(ii) it is more appropriate to take the person before a 6
court by notice to appear or summons and the 7
notice to appear or summons has been served on 8
the person.'. 9
(2) Section 209-- 10
insert-- 11
`(5) In this section-- 12
infringement notice see the State Penalties Enforcement 13
Act 1999, schedule 2.2 14
infringement notice offence see the State Penalties 15
Enforcement Act 1999, schedule 2. 16
Clause 10 Amendment of s 223 (Parent and chief executive to be 17
advised of arrest or service of notice to appear) 18
(1) Section 223(3)(b), `(family services)'-- 19
omit, insert-- 20
`(communities)'. 21
(2) Section 223(3)-- 22
insert-- 23
`(c) if the chief executive (child safety) has custody or 24
guardianship of the child under the Child Protection 25
Act 1999, that chief executive or a person, nominated by 26
that chief executive for the purpose, who holds an office 27
in the department for which the chief executive has 28
responsibility.'. 29
2 State Penalties Enforcement Act 1999, schedule 2 (Dictionary)
s 11 10 s 13
Police and Other Legislation Amendment Bill 2004
Clause 11 Amendment of s 225 (Duty of police officer receiving 1
custody of person arrested for offence) 2
(1) Section 225(1)(a), after `of a'-- 3
insert-- 4
`police station or'. 5
(2) Section 225(2), `The officer-in-charge or watch-house 6
manager'-- 7
omit, insert-- 8
`A prescribed police officer at the police station, police 9
establishment or watch-house'. 10
(3) Section 225-- 11
insert-- 12
`(5) In this section-- 13
prescribed police officer means a prescribed police officer 14
under the Bail Act 1980, section 7.3'. 15
Clause 12 Amendment of s 231 (Chief executive must be advised of 16
application for removal order) 17
Section 231, `(family services)'-- 18
omit, insert-- 19
`(communities)'. 20
Clause 13 Insertion of new ch 7, pt 3, div 4A 21
Chapter 7, part 3, after section 257-- 22
insert-- 23
3 Bail Act 1980, section 7 (Power of police officer to grant bail)
s 13 11 s 13
Police and Other Legislation Amendment Bill 2004
`Division 4A Exclusion of support persons in 1
particular circumstances 2
`257A Application of div 4A 3
`(1) This division applies if a police officer reasonably 4
considers-- 5
(a) a support person present during questioning of a 6
relevant person is unable to properly perform the role of 7
a support person; and 8
(b) in the particular circumstances, it would be in the 9
interests of the relevant person to exclude the person and 10
arrange for another support person to be present during 11
questioning. 12
`(2) This division is in addition to, and does not limit, division 4.4 13
`257B When is a person unable to properly perform the 14
role of a support person 15
`(1) This section states circumstances in which a person may be 16
unable to properly perform the role of a support person for a 17
relevant person. 18
`(2) However, this section does not limit the circumstances in 19
which a person may be unable to properly perform the role of 20
a support person. 21
`(3) The circumstances are as follows-- 22
(a) the person's ability to perform the role is substantially 23
impaired by the effect of something the person has 24
ingested, for example, alcohol, a drug or a potentially 25
harmful thing, to the extent that the person is unable to 26
act in the best interests of the relevant person; 27
(b) the person is a person with an impaired capacity and the 28
person's impairment prevents the person from acting in 29
the best interests of the relevant person; 30
4 Division 4 (Excluding persons unreasonably interfering with questioning)
s 13 12 s 13
Police and Other Legislation Amendment Bill 2004
(c) the person is, or appears to a police officer to be, 1
unwilling to perform the role of a support person 2
because of illness, injury, pain, tiredness or a similar 3
cause; 4
(d) the person has an affiliation, association or other 5
relationship with a police officer questioning the 6
relevant person; 7
(e) the person has a relationship of authority with the 8
relevant person that may prevent the person from acting 9
in the best interests of the relevant person; 10
11
Example for paragraph (e)--
12
A teacher who recently excluded the relevant person from a
13
school.
(f) the person is a victim of the offence for which the 14
relevant person is being questioned or a friend of the 15
victim; 16
(g) the person witnessed the commission of the offence for 17
which the relevant person is being questioned. 18
`(4) In this section-- 19
ingest includes-- 20
(a) administer; and 21
(b) inhale; and 22
(c) smoke. 23
`257C Police officer may exclude support person from 24
questioning 25
`(1) This section applies if a police officer considers a support 26
person present during questioning is unable to properly 27
perform the role of support person. 28
`(2) The police officer must exclude the support person from being 29
present during questioning. 30
`(3) The police officer must explain to the support person the 31
reasons for the person's exclusion. 32
`(4) The explanation must be written or electronically recorded. 33
s 14 13 s 16
Police and Other Legislation Amendment Bill 2004
`257D If police officer excludes support person from 1
questioning of relevant person 2
`If a police officer excludes the support person from being 3
present during questioning, the police officer must advise the 4
relevant person-- 5
(a) if the relevant person was not present when the support 6
person was excluded from questioning--that the support 7
person has been excluded from questioning and the 8
reasons for the person's exclusion; and 9
(b) if the relevant person is a person in relation to whom 10
section 251, 252 or 253 applies, questioning is delayed 11
for a reasonable time to allow another person to be 12
present as a support person during questioning; and 13
(c) if the relevant person is a child--that he or she may 14
choose another person to be present as a support person 15
during the questioning.'. 16
Clause 14 Amendment of s 284 (Application of pt 3) 17
Section 284(4)(a) and (b), `section 10'-- 18
omit, insert-- 19
`section 25'. 20
Clause 15 Amendment of s 316 (Taking DNA sample from child) 21
Section 316(3)(c), `(family services)'-- 22
omit, insert-- 23
`(communities)'. 24
Clause 16 Amendment of s 323 (Notice to be given of application for 25
disease test order for child) 26
Section 323(2)(c)-- 27
omit, insert-- 28
`(c) the chief executive (communities) or a person, 29
nominated by that chief executive for the purpose, who 30
s 17 14 s 19
Police and Other Legislation Amendment Bill 2004
holds an office within the department for which that 1
chief executive has responsibility.'. 2
Clause 17 Amendment of s 443H (Function and powers of drug 3
control officer) 4
Section 443H(1), after `under this part'-- 5
insert-- 6
`and'. 7
Clause 18 Section 443L (Requirements for keeping of dangerous 8
drugs for training purposes) 9
Section 443L(2)(a), `finding out'-- 10
omit, insert-- 11
`weighing each batch of dangerous drugs in the drug vault to 12
find out'. 13
Clause 19 Amendment of s 443N (Information to be recorded in the 14
register of dangerous drugs for training) 15
(1) Section 443N(2)(a) to (d), after `or part'-- 16
insert-- 17
`of the batch'. 18
(2) Section 443N(2)(e)-- 19
omit. 20
(3) Section 443N(2)(f) and (g), after `or part'-- 21
insert-- 22
`of the batch'. 23
(4) Section 443N(2)(f) and (g), as amended-- 24
renumber as section 443N(2)(e) and (f). 25
(5) Section 443N(2)(h)-- 26
omit. 27
s 20 15 s 21
Police and Other Legislation Amendment Bill 2004
Clause 20 Amendment of s 446 (Performance of duty) 1
Section 446, as an example-- 2
insert-- 3
`Example-- 4
5
An occupier of a place who may remove a trespasser from the place asks
6
a police officer to remove the trespasser. The police officer, when
7
removing the trespasser at the occupier's request is performing a
8
function of the police service.'.
Clause 21 Amendment of sch 4 (Dictionary) 9
(1) Schedule 4, definition chief executive (family services)-- 10
omit. 11
(2) Schedule 4-- 12
insert-- 13
`chief executive (child safety) means the chief executive of 14
the department within which the Child Protection Act 1999 is 15
administered. 16
chief executive (communities) means the chief executive of 17
the department within which the Juvenile Justice Act 1992 is 18
administered. 19
designated offence means-- 20
(a) an offence against any of the following provisions of the 21
Criminal Code-- 22
(i) section 300;5 23
(ii) section 306;6 24
(iii) section 309;7 or 25
(b) another offence for which a person is liable, on 26
conviction, to be sentenced to imprisonment for life if 27
the circumstances of the offence involve-- 28
(i) a serious risk to, or actual loss of, a person's life; or 29
5 Criminal Code, section 300 (Unlawful homicide)
6 Criminal Code, section 306 (Attempt to murder)
7 Criminal Code, section 309 (Conspiring to murder)
s 22 16 s 23
Police and Other Legislation Amendment Bill 2004
(ii) a serious risk of, or actual, serious injury to a 1
person. 2
night means the interval between 9 p.m. on one day and 3
6 a.m. on the next day.'. 4
(3) Schedule 4, definition enforcement act-- 5
insert-- 6
`(m) the exclusion from questioning, under chapter 7, part 3, 7
division 4 or 4A, of a relative, friend or support 8
person.8'. 9
(4) Schedule 4, definition time out, paragraphs (b) and (c), after 10
`interpreter'-- 11
insert-- 12
`, support person'. 13
Part 3 Amendment of Police Service 14
Administration Act 1990 15
Clause 22 Act amended in pt 3 16
This part amends the Police Service Administration Act 1990. 17
Clause 23 Amendment of s 1.4 (Definitions) 18
Section 1.4-- 19
insert-- 20
8 Chapter 7 (Powers and responsibilities relating to investigations and questioning for
indictable offences), part 3 (Safeguards ensuring rights and fairness to persons
questioned for indictable offences), division 4 (Excluding persons unreasonably
interfering with questioning) or 4A (Exclusion of support persons in particular
circumstances)
s 24 17 s 28
Police and Other Legislation Amendment Bill 2004
`assistant commissioner means the executive officer holding 1
the rank of assistant commissioner. 2
prescribed person see section 5A.21A.9'. 3
Clause 24 Amendment of s 5A.2 (Definitions for pt 5A) 4
Section 5A.2, definition authorised person, paragraphs (b), 5
(c), (d) and (e), before `a commissioned'-- 6
insert-- 7
`the assistant commissioner or'. 8
Clause 25 Amendment of s 5A.3 (Persons to whom pt 5A applies) 9
Section 5A.3(1), after `This part'-- 10
insert-- 11
`, other than to the extent specified in section 5A.21A,'. 12
Clause 26 Amendment of s 5A.14 (Providing specimens for targeted 13
substance test) 14
Section 5A.14(2), `section 5A.13(a)(i)'-- 15
omit, insert-- 16
`section 5A.13(1)(a)(i)'. 17
Clause 27 Amendment of s 5A.20 (Test result evidence generally 18
inadmissible) 19
Section 5A.20(2)-- 20
insert-- 21
`(d) a disclosure made or an agreement entered into under 22
section 5A.21A.'. 23
Clause 28 Insertion of new s 5A.21A 24
After section 5A.21-- 25
9 Section 5A.21A (Agreements about counselling and rehabilitation)
s 28 18 s 28
Police and Other Legislation Amendment Bill 2004
insert-- 1
`5A.21AAgreements about counselling and rehabilitation 2
`(1) This section applies to a member of the service, whether or 3
not the member is a relevant member. 4
`(2) However, this section applies to a member of the service only 5
if the member reports to a prescribed person that the member 6
requires counselling or rehabilitation about the member's 7
personal use of alcohol or a drug. 8
`(3) The member may apply in the approved form to the 9
commissioner to enter into an agreement to provide to the 10
member the counselling or rehabilitation approved by the 11
commissioner. 12
`(4) A regulation may prescribe the matters that must be included 13
in an agreement under this section. 14
`(5) The commissioner must not use information disclosed by a 15
member under this section for the purpose of a disciplinary or 16
other action against the member under this Act or the Public 17
Service Act 1996, whichever is relevant. 18
`(6) Also, the commissioner must not disclose information in the 19
possession of the police service because of subsection (2) or 20
an agreement entered into under subsection (3) other than-- 21
(a) for the purposes of the agreement; or 22
(b) for the purposes of section 6.1(1)(c) or 8.3; or
10
23
(c) to the extent the commissioner considers reasonably 24
necessary to prevent or lessen a serious threat to the 25
public or to the member's health or safety; or 26
(d) for the purposes of a claim for compensation under the 27
Workers' Compensation and Rehabilitation Act 2003. 28
`(7) In this section-- 29
prescribed person means a person to whom, under a 30
regulation, a member of the service may make a request for 31
the provision of counselling or rehabilitation about the 32
member's personal use of alcohol or a drug.'. 33
10 Section 6.1 (Power to stand down and suspend) or 8.3 (Unfitness for duty on
medical grounds)
s 29 19 s 31
Police and Other Legislation Amendment Bill 2004
Clause 29 Amendment of s 7.2 (Duty concerning misconduct or 1
breaches of discipline) 2
Section 7.2(6), from `exempt'-- 3
omit, insert-- 4
`exempt an officer or staff member from compliance with 5
subsection (2), generally or on stated conditions, if the officer 6
or staff member-- 7
(a) is appointed to provide confidential counselling services 8
to officers and staff members; or 9
(b) is a prescribed person under section 5A.21A.'. 10
Clause 30 Amendment of s 10.1 (Improper disclosure of 11
information) 12
Section 10.1(1)(c)-- 13
omit, insert-- 14
`(c) the disclosure is authorised or permitted under this Act; 15
or'. 16
Clause 31 Amendment of s 10.2 (Authorisation of disclosure) 17
(1) Section 10.2(1B), `subsection (1A)'-- 18
omit, insert-- 19
`subsection (3)'. 20
(2) Section 10.2(1C), `subsection (1B)'-- 21
omit, insert-- 22
`subsection (4)'. 23
(3) Section 10.2(1A) to (2), as amended-- 24
renumber as section 10.2(3) to (6). 25
(4) Section 10.2-- 26
insert-- 27
s 32 20 s 33
Police and Other Legislation Amendment Bill 2004
`(2) Subsection (1) does not apply if section 5A.20(4), 5A.21A(5) 1
or 5AA.14(3) applies to the information.11'. 2
Clause 32 Amendment of s 10.24 (Representation of officers in 3
court) 4
(1) Section 10.24(1), after `Any officer'-- 5
insert-- 6
`or service legal officer'. 7
(2) Section 10.24(2), after `any officer'-- 8
insert-- 9
`or service legal officer'. 10
(3) Section 10.24-- 11
insert-- 12
`(3) In this section-- 13
service legal officer means a government legal officer within 14
the meaning of the Legal Profession Act 2004 who is a staff 15
member.'. 16
Clause 33 Insertion of new s 11.5 17
After section 11.4-- 18
insert-- 19
`11.5 Declaration about s 5.17 20
`(1) To remove doubt it is declared that section 5.17 of this Act is, 21
and always has been, part of part 5 of this Act. 22
`(2) Also, in the first reprint under the Reprints Act 1992 of this 23
Act as amended by the Police and Other Legislation 24
Amendment Act 2004, section 5.17 must be relocated to 25
part 5.'. 26
11 Section 5A.20 (Test result evidence generally inadmissible), 5A.21A (Agreements
about counselling and rehabilitation) or 5AA.14 (Secrecy)
s 34 21 s 37
Police and Other Legislation Amendment Bill 2004
Part 4 Amendment of Security 1
Providers Act 1993 2
Clause 34 Act amended in pt 4 3
This part amends the Security Providers Act 1993. 4
Clause 35 Amendment of s 18 (Production of licence) 5
(1) Section 18(b)-- 6
omit. 7
(2) Section 18(c)-- 8
renumber as section 18(b). 9
Part 5 Amendment of Weapons Act 10
1990 11
Clause 36 Act amended in pt 5 12
This part amends the Weapons Act 1990. 13
Clause 37 Insertion of new ss 18AA18AB 14
After section 18-- 15
insert-- 16
`18AA Alternative provision for renewal application if 17
licensee is an individual 18
`(1) This section applies if a licensee is an individual. 19
`(2) However, this section applies to a licensee only if, when the 20
licensee is required to apply for the renewal of a licence, the 21
licensee-- 22
(a) is temporarily absent from Australia for a genuine 23
occupational reason; or 24
(b) is temporarily a patient in a hospital. 25
s 37 22 s 37
Police and Other Legislation Amendment Bill 2004
`(3) Also, this section applies despite section 18(2)(b)(i). 1
`(4) If the licensee authorises an attorney under a power of 2
attorney to make the application for the licensee, the attorney 3
may make the application for renewal of the licensee's licence 4
for the licensee. 5
`(5) However, the attorney may make the application-- 6
(a) only on a single occasion; and 7
(b) only if the attorney gives the authorised officer a 8
statutory declaration stating that the attorney is not 9
entitled to any fee or other benefit for making the 10
application. 11
`(6) The attorney must make the application by-- 12
(a) personally giving to a police officer at a police station or 13
police establishment a renewal application completed 14
and signed by the licensee; and 15
(b) producing to the police officer the information 16
mentioned in section 18AB (required information). 17
`18AB What is required information for s 18AA 18
`(1) The required information for section 18AA is as follows-- 19
(a) photographic evidence of the attorney's identity; 20
(b) the original of the instrument conferring the power of 21
attorney, or a copy of the instrument certified by a 22
justice of the peace, commissioner for declarations, 23
lawyer or notary public as a true copy of the instrument; 24
(c) a statutory declaration complying with subsection (2), 25
(3) or (4), as appropriate. 26
`(2) If the attorney makes the application because the licensee is 27
temporarily absent from Australia for a genuine occupational 28
reason, the statutory declaration must be signed by the 29
licensee and state the following-- 30
(a) the licensee is temporarily absent from Australia for a 31
genuine occupational reason; 32
(b) the genuine occupational reason for the licensee's 33
absence; 34
s 38 23 s 39
Police and Other Legislation Amendment Bill 2004
(c) how long the licensee will be absent. 1
`(3) If the attorney makes the application because the licensee is 2
temporarily a patient in a hospital, the statutory declaration 3
must be signed by the licensee and state the following-- 4
(a) the licensee is temporarily a patient in a stated hospital 5
because of a genuine medical condition; 6
(b) the nature of the medical condition; 7
(c) when the licensee became a patient in the hospital. 8
`(4) If the attorney makes the application because the licensee is 9
temporarily a patient in a hospital and the licensee is unable to 10
make the declaration because of a genuine medical reason, the 11
statutory declaration must be signed by the attorney and state 12
the following-- 13
(a) the licensee is temporarily a patient in a stated hospital 14
because of a genuine medical condition; 15
(b) the nature of the medical condition; 16
(c) when the licensee became a patient in the hospital; 17
(d) the licensee is unable to make the application.'. 18
Clause 38 Amendment of s 33 (Interstate residents moving to 19
Queensland) 20
Section 33(3)(a)-- 21
omit, insert-- 22
`(a) for a licence authorising possession of a category A or B 23
weapon or a category M crossbow--3 months; and'. 24
Clause 39 Insertion of new div 3A 25
Part 3, after section 48-- 26
insert-- 27
s 39 24 s 39
Police and Other Legislation Amendment Bill 2004
`Division 3A Marking serial numbers on 1
unmarked firearms 2
`48A Marking serial numbers on unmarked firearms 3
`(1) This section applies to a firearm included or to be included in 4
the firearms register if the firearm does not have a serial 5
number marked on it. 6
`(2) The authorised officer may-- 7
(a) give a serial number to the firearm; and 8
(b) require the registered owner of the firearm to mark the 9
serial number on the firearm. 10
`(3) No compensation is payable because of the requirement. 11
`(4) Before deciding whether to require the registered owner of a 12
firearm that is an antique handgun to mark the serial number 13
on the handgun, the authorised officer must have regard to-- 14
(a) the impact marking the serial number on the handgun 15
will have on the handgun's value; and 16
(b) ways of minimising the impact marking the serial 17
number on the handgun may have on the handgun's 18
value. 19
`(5) If the authorised officer requires a registered owner of the 20
firearm to mark the serial number on the firearm, the 21
authorised officer must give the registered owner a written 22
notice stating-- 23
(a) the serial number; and 24
(b) that the registered owner must mark the serial number 25
on the firearm in the way stated in the notice-- 26
(i) within 28 days after being given the notice; or 27
(ii) if the 28 days period is extended under 28
subsection (7), the period as extended; and 29
(c) that the registered owner may apply to the authorised 30
officer within the 28 days for approval to mark the serial 31
number on the firearm in another way stated in the 32
application. 33
s 39 25 s 39
Police and Other Legislation Amendment Bill 2004
`(6) The person must comply with the requirement unless the 1
person applies under subsection (5)(c). 2
Maximum penalty for subsection (6)--20 penalty units. 3
`(7) The authorised officer may extend the period for compliance 4
with subsection (5) (the compliance time) if the registered 5
owner applies to the authorised officer for an extension before 6
the compliance time ends. 7
`48B Approval of alternative way of marking serial number 8
`(1) This section applies if a registered owner of a firearm applies 9
to the authorised officer to mark the serial number on the 10
firearm in another way. 11
`(2) The authorised officer may approve or refuse to approve the 12
application. 13
`(3) If the authorised officer approves the application, the 14
authorised officer must give the registered owner a written 15
notice requiring the registered owner to mark the serial 16
number on the firearm in the way stated in the approval within 17
28 days after being given notice of the approval. 18
`(4) The person must comply with the requirement. 19
Maximum penalty for subsection (4)--20 penalty units. 20
`(5) On the giving of notice under subsection (3), the notice under 21
section 48A(5) in relation to the firearm stops having effect. 22
`(6) If the authorised officer refuses to approve the application, the 23
authorised officer-- 24
(a) must give the registered owner notice of the refusal; and 25
(b) may, whether or not the registered owner applied for an 26
extension of the compliance time under section 48A, by 27
written notice, extend the compliance time for a period, 28
of not more than 21 days, stated in the notice. 29
`(7) The person must comply with the requirement within the 30
compliance time as extended under subsection (6)(b). 31
Maximum penalty for subsection (7)--20 penalty units.'. 32
s 40 26 s 42
Police and Other Legislation Amendment Bill 2004
Clause 40 Amendment of s 50 (Possession of weapons) 1
Section 50-- 2
insert-- 3
`(2) A court, in sentencing a person found guilty of an offence 4
against subsection (1), may take into consideration whether 5
the person stored the weapon in the way prescribed under a 6
regulation for the weapon.'. 7
Clause 41 Amendment of s 77 (Collector's licence (weapons)) 8
Section 77(1)(c)(i), `on or after 1 January 1901 and'-- 9
omit. 10
Clause 42 Insertion of new ss 113A113C 11
After section 113-- 12
insert-- 13
`113A Authorised officer may amend approval conditions 14
`(1) An authorised officer may amend the conditions applying to 15
an approval to conduct a shooting gallery-- 16
(a) on the application of the person granted the approval 17
(gallery operator); or 18
(b) on the initiative of the authorised officer. 19
`(2) In making the amendment, the authorised officer must have 20
regard to the need to protect persons from death or injury and 21
property from unlawful destruction or damage. 22
`(3) Before making an amendment under subsection (1)(b), the 23
authorised officer must-- 24
(a) give written notice to the gallery operator stating-- 25
(i) the details of the proposed amendment; and 26
(ii) that the person may make written submissions to 27
the authorised officer about the proposed 28
amendment before a stated day, not earlier than 29
21 days after the notice is given to the person; and 30
s 42 27 s 42
Police and Other Legislation Amendment Bill 2004
(b) have regard to submissions made to the authorised 1
officer by the person before the stated day. 2
`(4) If the authorised officer amends the conditions applying to an 3
approval, the authorised officer must give written notice of the 4
amendment to the gallery operator. 5
`(5) The amendment takes effect-- 6
(a) on the day the written notice of the amendment is given 7
to the person; or 8
(b) if a later day is stated in the notice--on the stated day. 9
`(6) An authorised officer may refuse to make an amendment 10
under subsection (1)(a) by written notice given to the gallery 11
operator stating the reasons for the refusal. 12
`113B Authorised officer may make temporary amendment 13
of conditions 14
`(1) An authorised officer may make a temporary amendment of 15
the conditions applying to an approval if the authorised officer 16
considers, on reasonable grounds, it is necessary to make the 17
amendment to protect a person from death or injury or 18
property from unlawful destruction or damage. 19
`(2) An authorised officer may make an amendment under 20
subsection (1) by written notice given to the gallery operator 21
stating the reasons for the amendment. 22
`(3) The amendment takes effect-- 23
(a) on the day the written notice of the amendment is given 24
to the gallery operator; or 25
(b) if a later day is stated in the notice--on the stated day. 26
`(4) The amendment has effect for 28 days unless-- 27
(a) the notice states a shorter period; or 28
(b) the authorised officer extends the amendment for a 29
single further stated period, not longer than 28 days. 30
`(5) An authorised officer may extend an amendment under 31
subsection (4)(b) by written notice given to the gallery 32
operator stating the reasons for the extension. 33
s 43 28 s 43
Police and Other Legislation Amendment Bill 2004
`113C Suspending or revoking approval 1
`(1) An authorised officer may suspend or revoke an approval if-- 2
(a) the gallery operator contravenes this Act; or 3
(b) the authorised officer believes, on reasonable grounds, it 4
is necessary to suspend or revoke the approval to protect 5
a person from death or injury, or property from unlawful 6
destruction or damage. 7
`(2) The authorised officer must give written notice of the 8
suspension or revocation to the gallery operator. 9
`(3) The notice must specify-- 10
(a) if the approval has been suspended--the period of 11
suspension; and 12
(b) the reasons for the suspension or revocation. 13
`(4) The suspension or revocation takes effect-- 14
(a) on the day the notice is given to the gallery operator; or 15
(b) if a later day is stated in the notice--on the stated day. 16
`(5) A shooting gallery approval that is suspended stops having 17
effect until the suspension is lifted.'. 18
Clause 43 Insertion of new s 185 19
After section 184-- 20
insert-- 21
`185 Declaration relating to s 33(3)(a) 22
`It is declared that, on the commencement of the Police 23
Powers and Responsibilities and Other Legislation 24
Amendment Act 2003, section 67, section 33(3)(a) of this Act, 25
as in force from that commencement to the commencement of 26
this section, is taken to be, and during that period to have 27
always been, in the same terms as it is after the 28
commencement of this section.'. 29
© State of Queensland 2004
AMENDMENTS TO BILL
1
Police and Other Legislation Amendment Bill 2004
Police and Other Legislation Amendment
Bill 2004
Amendments agreed to during Consideration
1 Clause 24--
At page 17, lines 5 to 8--
omit, insert--
`(1) Section 5A.2, definition authorised person, paragraph (b),
from `test--'--
omit, insert--
`test--
(i) if the person to be tested is a police recruit or a
staff member--a commissioned officer; or
(ii) otherwise--the assistant commissioner or a
commissioned officer who holds rank above the
rank of the person to be tested; or'.
`(2) Section 5A.2, definition authorised person, paragraph (c)--
omit, insert--
`(c) for periodic testing of a covert operative--
(i) the assistant commissioner; or
(ii) a commissioned officer who--
(A) is responsible for supervising covert
operatives; and
(B) is above the rank of the covert operative to be
tested; or'.
`(3) Section 5A.2, definition authorised person, paragraph (d),
from `section 5A.8(c)7'--
omit, insert--
`section 5A.8(c)1--
2
Police and Other Legislation Amendment Bill 2004
(i) if the person to be tested is a police recruit or a
staff member--a commissioned officer; or
(ii) otherwise--the assistant commissioner or a
commissioned officer who holds rank above the
rank of the person to be tested; or'.
`(4) Section 5A.2, definition authorised person, paragraph (e),
from `section 5A.14'--
omit, insert--
`section 5A.142--
(i) if the person to be tested is a police recruit or a
staff member--a commissioned officer; or
(ii) otherwise--the assistant commissioner or a
commissioned officer who holds rank above the
rank of the person to be tested.'.'.
2 After clause 43--
At page 28, after line 29--
insert--
`Part 6 Amendment of Child Protection
(Offender Reporting) Act 2004
`44 Act amended in pt 6
`This part amends the Child Protection (Offender Reporting)
Act 2004.
1 Section 5A.8 (Circumstances for alcohol testing)
2 Section 5A.10 (Providing specimen of breath for alcohol test or random alcohol test)
or 5A.14 (Providing specimen for targeted substance test)
3
Police and Other Legislation Amendment Bill 2004
`45 Amendment of s 64 (Order about whether this division
applies)
`Section 64(1)(b), `police commissioner'--
omit, insert--
`chairperson of the Crime and Misconduct Commission'.'.
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