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Queensland
POLICE AND OTHER
LEGISLATION
(MISCELLANEOUS
PROVISIONS) BILL 1998
Queensland
POLICE AND OTHER LEGISLATION
(MISCELLANEOUS PROVISIONS) BILL
1998
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 2--AMENDMENT OF POLICE SERVICE
ADMINISTRATION ACT 1990
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
4 Amendment of s 1.4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
5 Amendment of s 4.8 (Commissioner's responsibility) . . . . . . . . . . . . . . . . . 8
6 Amendment of s 7.1 (Responsibility for command) . . . . . . . . . . . . . . . . . . . 9
7 Amendment of s 7.2 (Duty concerning misconduct or breaches of
discipline) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
8 Insertion of new pt 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 9A--POLICE PRINTS
9A.1 Payment for prints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9A.2 Entitlement to prints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
9A.3 Procedure to obtain print for prescribed purpose . . . . . . . . . . . . . . . . 11
9A.4 What is a "prescribed purpose" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Amendment of s 10.2 (Authorisation of disclosure) . . . . . . . . . . . . . . . . . . . 12
10 Amendment of s 10.5 (Liability for tort generally) . . . . . . . . . . . . . . . . . . . . 12
11 Amendment of s 10.9 (Service and production of documents) . . . . . . . . . . 13
12 Amendment of s 10.12 (Legal proceedings) . . . . . . . . . . . . . . . . . . . . . . . . . 13
2
Police and Other Legislation (Miscellaneous
Provisions)
13 Insertion of new ss 10.21A10.21B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
10.21A Unlawful possession of prescribed articles . . . . . . . . . . . . . . . . . . . . 14
10.21B Killing or injuring police dogs and police horses . . . . . . . . . . . . . . . 14
14 Amendment of s 10.22 (Apprehension etc. of offenders against Act) . . . . . 15
PART 3--AMENDMENT OF DRUGS MISUSE ACT 1986
15 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
16 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
17 Insertion of new s 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4C Analysts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
18 Amendment of s 32 (Forfeiture of dangerous drugs) . . . . . . . . . . . . . . . . . . . 17
19 Insertion of new pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
PART 5B--TRIAL PLANTING OF CANNABIS SATIVA FOR
COMMERCIAL FIBRE PRODUCTION
43W Purpose of pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
43X Exemption--trial planting of cannabis sativa for research
purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
43Y Expiry of pt 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
20 Amendment of s 52A (Prescribed persons permitted to receive
and dispose of dangerous drugs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
PART 4--AMENDMENT OF CRIMINAL CODE
21 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
22 Insertion of new ss 426427 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
426 Unlawful entry of vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
427 Unlawful entry of vehicle for committing indictable offence . . . . . 20
23 Amendment of s 552B (Charges of indictable offences that may
be dealt with summarily) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
PART 5--AMENDMENT OF ENVIRONMENTAL PROTECTION
ACT 1994
24 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
25 Amendment of s 144 (Power to require name and address) . . . . . . . . . . . . . 21
PART 6--AMENDMENT OF WEAPONS ACT 1990
26 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
27 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
3
Police and Other Legislation (Miscellaneous
Provisions)
28 Amendment of s 10 (Limitations on issue of licence) . . . . . . . . . . . . . . . . . 22
29 Amendment of s 18 (Renewal of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . 23
30 Amendment of s 29 (Revocation of licence) . . . . . . . . . . . . . . . . . . . . . . . . 24
31 Replacement of s 51 (Possession of a knife in night clubs) . . . . . . . . . . . . 24
51 Possession of a knife in a public place . . . . . . . . . . . . . . . . . . . . . . . 24
32 Amendment of s 54 (Possession or use of weapon by unlicensed
person in primary production sometimes allowed) . . . . . . . . . . . . . . . . . . . . 26
33 Amendment of s 56 (Discharge of weapon on private land
without owner's consent prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
34 Amendment of s 57 (Particular conduct involving a weapon in a
public place prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
35 Amendment of s 58 (Dangerous conduct with weapon prohibited
generally) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
36 Amendment of s 59 (Possession or use of weapon under the
influence of liquor or a drug prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
37 Amendment of s 68 (Dealers to be licensed) . . . . . . . . . . . . . . . . . . . . . . . . 27
38 Amendment of s 69 (Armourers to be licensed) . . . . . . . . . . . . . . . . . . . . . . 27
39 Amendment of s 71 (Licensed dealers and armourers to keep register) . . . 28
40 Amendment of s 78 (Weapons not to be discharged or operated) . . . . . . . . 28
41 Amendment of s 132 (Power to demand production of licence etc.) . . . . . 28
42 Amendment of s 139 (Seizure and retention of weapons etc.) . . . . . . . . . . 29
43 Amendment of s 154 (Retention and disposal of weapons in
police custody) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
44 Amendment of s 179 (Compensation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 7--AMENDMENT OF POLICE POWERS AND
RESPONSIBILITIES ACT 1997
45 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
46 Amendment of s 10 (Appointment of police officers as public
officials for other Acts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
47 Amendment of s 13 (General power to enter to make inquiries,
investigations or serve documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
48 Amendment of s 18 (Crime scene warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . 30
49 Amendment of s 20 (Powers at crime scene) . . . . . . . . . . . . . . . . . . . . . . . . 31
50 Amendment of s 26 (Searching persons without warrant) . . . . . . . . . . . . . . 31
51 Amendment of s 27 (Searching vehicles without warrant) . . . . . . . . . . . . . 31
4
Police and Other Legislation (Miscellaneous
Provisions)
52 Amendment of s 35 (Arrest without warrant) . . . . . . . . . . . . . . . . . . . . . . . . 32
53 Amendment of s 41 (Notice to appear form) . . . . . . . . . . . . . . . . . . . . . . . . . 32
54 Amendment of s 46 (Court may order immediate arrest of person
who fails to appear) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
55 Amendment of s 48 (Application of part) . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
56 Amendment of s 49 (Removal of persons from lawful custody) . . . . . . . . . 33
57 Amendment of s 51 (Extension of detention period) . . . . . . . . . . . . . . . . . . 33
58 Amendment of s 68 (Surveillance warrants) . . . . . . . . . . . . . . . . . . . . . . . . . 33
59 Amendment of s 70 (Powers under surveillance warrants) . . . . . . . . . . . . . 34
60 Amendment of s 76 (Report on covert search) . . . . . . . . . . . . . . . . . . . . . . . 34
61 Insertion of new s 79A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
79A Acting monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
62 Insertion of new s 82A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
63 Amendment of s 83 (When part applies to behaviour) . . . . . . . . . . . . . . . . . 35
64 Amendment of s 84 (When part applies to person's presence) . . . . . . . . . . 35
65 Insertion of new pt 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PART 11A--WATCH-HOUSES
90A Control of persons in watch-houses . . . . . . . . . . . . . . . . . . . . . . . . . . 36
90B Transfer of persons in watch-houses . . . . . . . . . . . . . . . . . . . . . . . . . . 36
66 Amendment of s 108 (Requirements after property is seized) . . . . . . . . . . . 37
67 Amendment of s 110 (Return of seized things) . . . . . . . . . . . . . . . . . . . . . . . 37
68 Amendment of s 120 (Assault etc. of police officer) . . . . . . . . . . . . . . . . . . 38
69 Amendment of s 122 (Entry of place to prevent offence or injury) . . . . . . . 38
70 Amendment of s 123 (Police officer may use assistance in
exercising certain powers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
71 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
PART 8--AMENDMENT OF CRIME COMMISSION ACT 1997
72 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
73 Insertion of new s 70A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
70A Acting monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
74 Insertion of new s 72A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
72A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
5
Police and Other Legislation (Miscellaneous
Provisions)
75 Amendment of s 78 (Requirements after property is seized) . . . . . . . . . . . . 40
76 Amendment of s 82 (Surveillance warrants) . . . . . . . . . . . . . . . . . . . . . . . . . 41
77 Amendment of s 84 (Powers under surveillance warrant) . . . . . . . . . . . . . . 41
78 Amendment of s 141 (Insertion of new pt 3, div 1A) . . . . . . . . . . . . . . . . . . 42
84AA Acting monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
84E Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
PART 9--REPEALS
79 Acts repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 44
MINOR AMENDMENTS OF THE CRIME COMMISSION ACT
1997
1998
A BILL
FOR
An Act to amend a number of Acts affecting the powers and
responsibilities of police officers, and for other purposes
s1 7 s4
Police and Other Legislation (Miscellaneous
Provisions)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Police and Other Legislation 4
(Miscellaneous Provisions) Act 1998. 5
6
Commencement
Clause 2.(1) Section 141 commences on 6 April 1998. 7
(2) Section 182 is taken to have commenced on 25 January 1995. 8
(3) Section 193 commences on a day to be fixed by proclamation. 9
ART 2--AMENDMENT OF POLICE SERVICE 10
P
ADMINISTRATION ACT 1990 11
amended in pt 2 12
Act
Clause 3. This part amends the Police Service Administration Act 1990. 13
of s 1.4 (Definitions) 14
Amendment
Clause 4. Section 1.4-- 15
insert-- 16
1 Section 14 (Amendment of s 10.22 (Apprehension etc. of offenders against Act))
2 Section 18 (Amendment of s 32 (Forfeiture of dangerous drugs))
3 Section 19 (Insertion of new pt 5B)
s5 8 s5
Police and Other Legislation (Miscellaneous
Provisions)
` "handler", of a police dog, means an officer whose duties include 1
handling a police dog. 2
"marked print" means a print of a photograph, marked in a way that 3
highlights-- 4
(a) features or aspects of the subject of the print; or 5
(b) points of similarity between the subject of the print and the 6
subject of another print. 7
"member of the service" see section 2.2.4 8
"police dog" means a dog kept by the commissioner for helping police 9
officers perform the duties of police officers. 10
11
Example--
12
A dog trained as a sniffer dog to help find illegal drugs.
"police horse" means a horse kept by the commissioner for use by officers 13
when performing the duties of police officers. 14
"print" means a print of a photograph or part of a photograph, and includes 15
a marked print and an audio recording of an interview.'. 16
of s 4.8 (Commissioner's responsibility) 17
Amendment
Clause 5. Section 4.8(2)(t), after `records'-- 18
insert-- 19
`, including, but not limited to, records about-- 20
(i) the action taken by a police officer or someone else in 21
relation to a person suspected of having committed an 22
offence; and 23
(ii) the result of any proceeding against the person for the 24
offence.'. 25
4 Section 2.2 (Membership of service)
s6 9 s7
Police and Other Legislation (Miscellaneous
Provisions)
of s 7.1 (Responsibility for command) 1
Amendment
Clause 6. Section 7.1-- 2
insert-- 3
`(2) For subsection (1)(e), any length of service other than as a police 4
officer that is counted as continuous service under section 5.145 must be 5
disregarded.'. 6
of s 7.2 (Duty concerning misconduct or breaches of 7
Amendment
discipline) 8
Clause 7. Section 7.2-- 9
insert-- 10
`(3) The commissioner may, by written instrument, exempt stated 11
officers or staff members who have or are likely to have knowledge of 12
conduct that is an alleged contravention of the Anti-Discrimination Act 1991 13
from compliance with subsection (2), generally or on stated conditions. 14
`(4) The commissioner may give an exemption under subsection (3) 15
only if the commissioner is reasonably satisfied giving the exemption will 16
not adversely affect the welfare of the officers or staff members affected by 17
or involved in the conduct. 18
`(5) However, if a person is given an exemption generally because the 19
person is likely to have knowledge of an alleged contravention of the 20
Anti-Discrimination Act 1991 and the person is the person against whom 21
the complaint for the contravention is made, the exemption does not operate 22
in relation to the complaint against the person. 23
`(6) Also, the commissioner may, by written instrument, exempt an 24
officer or staff member appointed to provide confidential professional 25
counselling to officers and staff members from compliance with 26
subsection (2), generally or on stated conditions. 27
`(7) An exemption under subsection (6) only operates while the officer 28
or staff member is providing professional counselling services in an official 29
capacity. 30
5 Section 5.14 (Calculation of continuous service as officer)
s8 10 s8
Police and Other Legislation (Miscellaneous
Provisions)
`(8) If a person is not required to report misconduct under subsection (2) 1
because of an exemption under subsection (3), the commissioner also is not 2
required to report the misconduct.'. 3
of new pt 9A 4
Insertion
Clause 8. After part 9-- 5
insert-- 6
`PART 9A--POLICE PRINTS 7
for prints 8
`Payment
`9A.1(1) A person for whom a print is made by or at the request of a 9
police officer in the performance of the police officer's duty under this Act 10
or otherwise, must pay to the commissioner a reasonable amount for 11
printing and supplying the print. 12
`(2) If the person requires a marked print, the person must also pay to the 13
commissioner a reasonable amount for marking the print. 14
`(3) However, the commissioner may, in a particular case, decide not to 15
charge an amount under subsection (1) or (2). 16
`(4) In this section-- 17
"reasonable amount", for printing and supplying or marking a print, 18
means a reasonable amount fixed by the commissioner, not more than 19
the actual cost of producing and supplying, or marking, the print. 20
to prints 21
`Entitlement
`9A.2(1) This section applies if the State or a police officer performing 22
the police officer's duties tenders a print as an exhibit in a proceeding before 23
a court or tribunal. 24
`(2) A person who satisfies the person who has custody of the print that 25
the person requires a print identical to the print tendered for a prescribed 26
s8 11 s8
Police and Other Legislation (Miscellaneous
Provisions)
purpose6 is entitled to a print identical to the print tendered. 1
`(3) This section does not entitle a person to a print the person requires 2
for a proceeding started in a court or tribunal because of something alleged 3
to have been done or not done by a police officer or a State employee in the 4
performance of his or her duties, unless a print identical to the print required 5
has been tendered as an exhibit in the proceeding. 6
to obtain print for prescribed purpose 7
`Procedure
`9A.3(1) A person who requires a print mentioned in section 9A.2 (the 8
"tendered print") for a prescribed purpose may, in writing, ask the person 9
who has custody of the print or, if it is a photograph, the negative of the 10
print, to give to the person a print identical to the tendered print. 11
`(2) The request must indicate the purpose for which the person requires 12
the print. 13
`(3) However, it is not necessary to supply the print unless the person 14
asking for it pays any amount fixed for the print under section 9A.1. 15
`(4) If the person who has custody of the negative is satisfied that the 16
person making the request is entitled to the print and has paid any amount 17
fixed for supplying the print, the person must cause the print to be made 18
and supplied. 19
`(5) A person does not incur any liability at law merely because of the 20
printing, marking or supply of a print under this part. 21
is a "prescribed purpose" 22
`What
`9A.4 For this part, each of the following is a prescribed purpose-- 23
(a) to answer a charge of an offence, the subject matter of or arising 24
out of a proceeding in which a print identical to the print required 25
is an exhibit; 26
(b) for a proceeding started in a court or tribunal, whether it is the 27
proceeding in which a print identical to the print required is an 28
6 Section 9A.4 (What is a "prescribed purpose")
s9 12 s 10
Police and Other Legislation (Miscellaneous
Provisions)
exhibit or another proceeding; 1
(c) for deciding whether to start a proceeding in a court or tribunal or 2
to make a particular claim in the proceeding; 3
(d) for deciding whether to defend a proceeding that may be started in 4
a court or tribunal or to make or resist a particular claim in the 5
proceeding.'. 6
of s 10.2 (Authorisation of disclosure) 7
Amendment
Clause 9. Section 10.2-- 8
insert-- 9
`(1B) Also, subject to any regulation made under subsection (1A), the 10
commissioner may impose conditions on the disclosure of information 11
under this section. 12
`(1C) A person to whom the information is disclosed must not 13
contravene a condition imposed under subsection (1B). 14
Maximum penalty--40 penalty units.'. 15
of s 10.5 (Liability for tort generally) 16
Amendment
Clause 10.(1) Section 10.5(1), (1A), (2) and (5), `or recruit'-- 17
omit, insert-- 18
`, recruit or volunteer'. 19
(2) Section 10.5-- 20
insert-- 21
`(6) In this section-- 22
"volunteer" means a person appointed by the commissioner to perform 23
duties for the service on an unpaid voluntary basis on conditions 24
decided by the commissioner.'. 25
s 11 13 s 12
Police and Other Legislation (Miscellaneous
Provisions)
of s 10.9 (Service and production of documents) 1
Amendment
Clause 11. Section 10.9(2), from `The holder' to `subsection (1)'-- 2
omit, insert-- 3
`Any member of the service'. 4
of s 10.12 (Legal proceedings) 5
Amendment
Clause 12. Section 10.12(2)-- 6
omit, insert-- 7
`(2) In a proceeding, an allegation or statement, in a complaint or another 8
initiating process, or in a pleading or affidavit, of any of the following 9
things is evidence of the thing alleged or stated-- 10
(a) a stated place is a police establishment or police station; 11
(b) a stated thing is appropriated to the use of, or is used by, the 12
police service or any officer or staff member in the officer's or 13
member's official capacity; 14
(c) a stated act, omission, conduct or breach of duty has not been 15
authorised or consented to by the commissioner in relation to 16
anything mentioned in paragraph (a) or (b); 17
(d) stated property is the property of the commissioner under this 18
Act. 19
`(3) In a proceeding, a document signed by the commissioner and stating 20
either of the following is evidence of the thing stated-- 21
(a) at a stated time or during a stated period a stated person was a 22
police dog handler or mounted police officer; 23
(b) at a stated time or during a stated period a dog or horse identified 24
in the document was a police dog or police horse. 25
`(4) If, in a proceeding, a person intends to question the power of an 26
officer to act under a delegation given under this Act, the person must give 27
to the commissioner notice of the intention at least 7 days before the power 28
is questioned in the proceeding.'. 29
s 13 14 s 13
Police and Other Legislation (Miscellaneous
Provisions)
of new ss 10.21A10.21B 1
Insertion
Clause 13. After section 10.21-- 2
insert-- 3
possession of prescribed articles 4
`Unlawful
`10.21A(1) A person must not unlawfully possess a prescribed article. 5
Maximum penalty--40 penalty units. 6
`(2) A person must not unlawfully supply to someone else a prescribed 7
article that is evidence of the commission of an offence. 8
Maximum penalty--40 penalty units. 9
`(3) Subsection (2) does not prevent a person supplying a print, an audio 10
recording, or a transcript of an audio or video recording, to a person charged 11
with an offence of which the article is evidence or the person's lawyer, for 12
the purpose of enabling the person to defend the charge. 13
`(4) A person must not possess a print, an audio recording, or a 14
transcript of an audio or video recording supplied under subsection (3) after 15
the time allowed for any appeal against a conviction for an offence of which 16
the relevant article is evidence ends, unless the article is kept as part of court 17
records or the records of a lawyer acting for the person charged with the 18
offence. 19
Maximum penalty--40 penalty units. 20
`(5) In this section-- 21
"prescribed article" means any of the following that is the property of the 22
commissioner-- 23
(a) a print; 24
(b) a video recording; 25
(c) a transcript of an audio or video recording. 26
or injuring police dogs and police horses 27
`Killing
`10.21B(1) A person must not, without lawful excuse-- 28
(a) kill, maim, wound or otherwise injure a police dog or police 29
s 14 15 s 16
Police and Other Legislation (Miscellaneous
Provisions)
horse; or 1
(b) attempt to kill, maim, wound or otherwise injure a police dog or 2
police horse. 3
Maximum penalty--40 penalty units or 2 years imprisonment. 4
`(2) The Animals Protection Act 1925, section 4(3) 7 does not apply to a 5
police dog under the control of a handler. 6
`(3) A court that finds a person guilty of an offence against subsection 7
(1) may, in addition to any penalty that may be imposed, order the person to 8
pay to the commissioner a reasonable amount for-- 9
(a) the treatment, care, rehabilitation and retraining of the police dog 10
or police horse concerned; or 11
(b) if it is necessary to replace the police dog or police horse--buying 12
and training its replacement.'. 13
of s 10.22 (Apprehension etc. of offenders against Act) 14
Amendment
Clause 14. Section 10.22(1)(c)-- 15
omit. 16
PART 3--AMENDMENT OF DRUGS MISUSE ACT 17
1986 18
amended in pt 3 19
Act
Clause 15. This part amends the Drugs Misuse Act 1986. 20
of s 4 (Interpretation) 21
Amendment
Clause 16.(1) Section 4, heading-- 22
7 Section 4 (Offences of cruelty)
s 17 16 s 17
Police and Other Legislation (Miscellaneous
Provisions)
omit, insert-- 1
`Definitions'. 2
(2) Section 4(1), definition "analyst"-- 3
omit, insert-- 4
` "analyst" means a person who, under section 4C, is appointed as, or 5
declared to be, an analyst.'. 6
(3) Section 4(2), as a heading-- 7
insert-- 8
`Salts, derivatives and stereo-isomers'. 9
(4) Section 4(3), as a heading-- 10
insert-- 11
`Construction of particular terms'. 12
(5) Section 4(2) and (3)-- 13
renumber as sections 4A and 4B. 14
of new s 4C 15
Insertion
Clause 17. Part 1, after section 4B (as numbered by this Act)-- 16
insert-- 17
nalysts 18
`A
`4C.(1) The Minister may, by gazette notice, appoint as an analyst for 19
this Act, a person the Minister is satisfied has the qualifications, standing 20
and experience necessary to be an analyst for this Act. 21
`(2) Also, a regulation may declare a person who holds a stated 22
appointment, qualification or other recognition under the law of another 23
State or the Commonwealth as an analyst, whether that or another term is 24
used, to be an analyst for this Act.'. 25
s 18 17 s 19
Police and Other Legislation (Miscellaneous
Provisions)
of s 32 (Forfeiture of dangerous drugs) 1
Amendment
Clause 18.(1) Section 32(1)-- 2
omit, insert-- 3
`32.(1) If a court is satisfied beyond reasonable doubt that anything 4
produced to it and alleged by the person producing it to be any of the 5
following is, or any part of it is, what it is alleged to be, the court may, on 6
application made to it, order that all or any part of the thing be forfeited to 7
the State-- 8
(a) a dangerous drug; 9
(b) a chemical used or intended to be used in or for manufacturing a 10
dangerous drug; 11
(c) property contaminated by a chemical used in or for 12
manufacturing a dangerous drug. 13
`(1A) The application may be made in the absence of any other party.'. 14
(2) Section 32(2), `pursuant to subsection (1)'-- 15
omit, insert-- 16
`in relation to a dangerous drug'. 17
(3) Section 32(4)(a), `dangerous drug'-- 18
omit, insert-- 19
`thing mentioned in subsection (1)(a), (b) or (c)'. 20
of new pt 5B 21
Insertion
Clause 19. After part 5A-- 22
insert-- 23
s 19 18 s 19
Police and Other Legislation (Miscellaneous
Provisions)
ART 5B--TRIAL PLANTING OF CANNABIS 1
`P
SATIVA FOR COMMERCIAL FIBRE PRODUCTION 2
of pt 5B 3
`Purpose
`43W. The purpose of this part is to enable research to be carried out 4
under controlled conditions into the suitability of low-level drug content 5
cannabis sativa as a commercial fibre crop. 6
planting of cannabis sativa for research purposes 7
`Exemption--trial
`43X.(1) A regulation may exempt a person from compliance with stated 8
provisions of this Act for the time and on conditions stated in the regulation. 9
`(2) The regulation may authorise a stated person to possess lawfully 10
obtained seed of cannabis sativa that will produce low-level drug content 11
cannabis sativa plants. 12
`(3) However, a regulation for this section may only be made to enable 13
the person to grow low-level drug content cannabis sativa and perform 14
research functions, including plant-breeding, consistent with the purpose of 15
this part. 16
`(4) The exemption operates only if the conditions of the exemption are 17
complied with. 18
`(5) In this section-- 19
"low-level" means-- 20
(a) for a plant of cannabis sativa used for plant breeding--the leaves 21
and flowering heads of the plant contain not more than 1% of 22
tetrahydrocannabinol; or 23
(b) for a plant of cannabis sativa used for field trials--the leaves and 24
flowering heads of the plant contain not more than 0.35% of 25
tetrahydrocannabinol. 26
of pt 5B 27
`Expiry
`43Y.(1) This part expires 3 years after it commences. 28
s 20 19 s 22
Police and Other Legislation (Miscellaneous
Provisions)
`(2) However, a regulation made before the end of the 3 years may defer 1
the expiry of this part, but only for 1 year.'. 2
of s 52A (Prescribed persons permitted to receive and 3
Amendment
dispose of dangerous drugs) 4
Clause 20. Section 52A-- 5
insert-- 6
`(2) It is lawful for a person who-- 7
(a) as an officer or employee of the department within which the 8
Health Act 1937 is administered, performs duties that include 9
duties as a property officer for the police service; and 10
(b) is authorised by the chief health officer under that Act; 11
to possess a dangerous drug while actually performing the duties. 12
`(3) It is lawful for a person who, as a staff member within the meaning 13
of the Police Service Administration Act 1990, section 1.4,8 is performing 14
the duties of a property officer in the police service, to possess a dangerous 15
drug while actually performing the duties.'. 16
PART 4--AMENDMENT OF CRIMINAL CODE 17
amended in pt 4 18
Act
Clause 21. This part amends the Criminal Code. 19
of new ss 426427 20
Insertion
Clause 22. Chapter 39, after section 425-- 21
insert-- 22
8 Section 1.4 (Definitions)
s 23 20 s 23
Police and Other Legislation (Miscellaneous
Provisions)
entry of vehicle 1
`Unlawful
`426. A person who unlawfully enters another person's vehicle commits 2
an offence. 3
Maximum penalty--2 years imprisonment. 4
entry of vehicle for committing indictable offence 5
`Unlawful
`427.(1) A person who unlawfully enters another person's vehicle with 6
intent to commit an indictable offence commits a crime. 7
Maximum penalty--10 years imprisonment. 8
`(2) If-- 9
(a) the offence is committed in the night; or 10
(b) the offender-- 11
(i) uses or threatens to use actual violence; or 12
(ii) is or pretends to be armed with a dangerous or offensive 13
weapon, instrument or noxious substance; or 14
(iii) is in company with 1 or more persons; or 15
(iv) damages, or threatens or attempts to damage, any property; 16
the offender is liable to imprisonment for 14 years.'. 17
of s 552B (Charges of indictable offences that may be 18
Amendment
dealt with summarily) 19
Clause 23.(1) Section 552B(1)-- 20
insert-- 21
`(fa) an offence against section 427;9'. 22
(2) Section 552B(1)(g), `408A(1)'-- 23
9 Section 427 (Unlawful entry of vehicle for committing indictable offence)
s 24 21 s 27
Police and Other Legislation (Miscellaneous
Provisions)
omit, insert-- 1
`408A'. 2
ART 5--AMENDMENT OF ENVIRONMENTAL 3
P
PROTECTION ACT 1994 4
amended in pt 5 5
Act
Clause 24. This part amends the Environmental Protection Act 1994. 6
of s 144 (Power to require name and address) 7
Amendment
Clause 25. Section 144(1)-- 8
insert-- 9
`(c) is about to give, is giving, or has given someone a noise 10
abatement direction.'. 11
PART 6--AMENDMENT OF WEAPONS ACT 1990 12
amended in pt 6 13
Act
Clause 26. This part amends the Weapons Act 1990. 14
of s 5 (Definitions) 15
Amendment
Clause 27.(1) Section 5, definition "dealer"-- 16
omit. 17
(2) Section 5-- 18
insert-- 19
s 28 22 s 28
Police and Other Legislation (Miscellaneous
Provisions)
` "dealer" means a person, other than an armourer or theatrical ordnance 1
supplier, who-- 2
(a) carries on the business, whether or not for reward or benefit, of 3
acquiring, selling or otherwise disposing of weapons in any way; 4
or 5
(b) for trade or business, displays a weapon for sale or possesses a 6
weapon for sale. 7
"slingshot" means a device designed for use with, or a component of 8
which is, a brace that fits or rests on a person's forearm or another part 9
of the person's body to support the person's wrist against the tension 10
of elastic material used to propel a projectile. 11
12
Example--
13
A Saunders `Falcon' Hunting Sling.'.
(2) Section 5, definition "firearm"-- 14
insert-- 15
`(g) a slingshot.'. 16
(3) Section 5, definition "security organisation", `an organisation 17
which'-- 18
omit, insert-- 19
`an entity that'. 20
of s 10 (Limitations on issue of licence) 21
Amendment
Clause 28.(1) Section 10(2)-- 22
insert-- 23
`(g) resides only in Queensland.'. 24
(2) Section 10-- 25
insert-- 26
`(2A) Subsection (2)(g) does not apply to a person who-- 27
(a) for a person who resides in State adjoining Queensland-- 28
s 29 23 s 29
Police and Other Legislation (Miscellaneous
Provisions)
(i) satisfies the authorised officer that the person has a genuine 1
reason for possessing a weapon for which a licence is 2
required under this Act; and 3
(ii) is not disqualified from obtaining a similar licence in the 4
adjoining State; or 5
(b) for a person who resides in a State other than an adjoining State 6
but whose main place of residence is Queensland--is not 7
disqualified from obtaining a similar licence in the other State. 8
`(2B) Also, subsection (2)(g) does not apply to a person who-- 9
(a) resides outside Queensland and intends visiting Queensland to 10
engage in an activity that is a reason for possession of a weapon 11
under section 11; and 12
(b) is entitled by law (whether or not under a licence) to possess and 13
use a firearm or type of firearm in the State or country where the 14
person usually resides; and 15
(c) applies for a licence prescribed under section 12(1)(k) for visitors 16
to Queensland.'. 17
(3) Section 10(4)(a)(ii), from `another' to `weapons'-- 18
omit, insert-- 19
`a course in safety training for weapons conducted in another State that 20
the commissioner is satisfied is'. 21
(4) Section 10-- 22
insert-- 23
`(9) In this section-- 24
"similar licence", for a weapon in an adjoining or other State, means a 25
licence, permit or authority issued under the law of the other State 26
entitling the person to possession of the weapon.'. 27
of s 18 (Renewal of licences) 28
Amendment
Clause 29. Section 18-- 29
insert-- 30
s 30 24 s 31
Police and Other Legislation (Miscellaneous
Provisions)
`(8) Section 10(2) to (6) applies to the renewal of a licence with any 1
necessary changes.'. 2
of s 29 (Revocation of licence) 3
Amendment
Clause 30. Section 29-- 4
insert-- 5
`(3) This section does not prevent an authorised officer reinstating a 6
licence that is revoked by the authorised officer because of a mistake of fact. 7
8
Examples for subsection (3)--
9
1. J was charged with an offence and although no conviction was recorded for the
10
offence, police records indicated a conviction had been recorded.
11
2. A was required to be a member of a pistol club but the club failed to tell the
12
commissioner that A had joined the club before the revocation happened.
`(4) A licence reinstated under subsection (3) is taken not to have been 13
revoked. 14
`(5) The licence may be reinstated by-- 15
(a) returning the licence; or 16
(b) issuing a fresh licence. 17
`(6) The authorised officer must also ensure any entry made in the 18
firearms register because of the revocation is corrected.'. 19
of s 51 (Possession of a knife in night clubs) 20
Replacement
Clause 31. Section 51-- 21
omit, insert-- 22
of a knife in a public place 23
`Possession
`51.(1) A person must not physically possess a knife in a public place, 24
unless the person has a reasonable excuse. 25
Maximum penalty--20 penalty units or 6 months imprisonment. 26
`(2) It is a reasonable excuse for subsection (1) to physically possess a 27
knife-- 28
s 31 25 s 31
Police and Other Legislation (Miscellaneous
Provisions)
(a) to perform a lawful activity, duty or employment; or 1
(b) to participate in a lawful entertainment, recreation or sport; or 2
(c) for exhibiting the knife; or 3
(d) for use for a lawful purpose. 4
5
Example for subsection (2)(a)--
6
1. A person may carry a knife on his or her belt for performing work in primary
7
production.
8
Examples for subsection (2)(b)--
9
1. A scout may carry a knife on his or her belt as part of the scout uniform.
10
2. A person may carry a knife as an accessory while playing in a pipe band.
11
3. A fisher may carry a knife for use while fishing.
12
Example for subsection (2)(c)--
13
1. A person who collects knives may exhibit them at a fete or another public
14
gathering.
15
Examples for subsection (2)(d)--
16
1. A person may use a knife to prepare or cut food at a restaurant in a public place
17
or when having a picnic in a park.
18
2. A person may carry a pen knife or swiss army knife for use for its normal utility
19
purposes.
`(3) However, it is not a reasonable excuse to physically possess a knife 20
in a public place for self-defence purposes. 21
`(4) In deciding what is a reasonable excuse for subsection (1), regard 22
may be had, among other things, to whether the way the knife is held in 23
possession, or when and where it is held in possession, would cause a 24
reasonable person concern that he or she, or someone else in the vicinity, 25
may be threatened or harmed. 26
`(5) In this section-- 27
"knife" includes a thing with a sharpened point or blade that is reasonably 28
capable of-- 29
(a) being held in 1 or both hands; and 30
(b) being used to wound or threaten to wound anyone when held in 1 31
or both hands.'. 32
s 32 26 s 35
Police and Other Legislation (Miscellaneous
Provisions)
of s 54 (Possession or use of weapon by unlicensed 1
Amendment
person in primary production sometimes allowed) 2
Clause 32.(1) Section 54(2), `use the weapon'-- 3
omit, insert-- 4
`use a weapon'. 5
(2) Section 54(2)(b), `the weapon'-- 6
omit, insert-- 7
`a weapon'. 8
of s 56 (Discharge of weapon on private land without 9
Amendment
owner's consent prohibited) 10
Clause 33. Section 56(1), definition "weapon", `and crossbow'-- 11
omit, insert-- 12
`, crossbow and slingshot'. 13
of s 57 (Particular conduct involving a weapon in a 14
Amendment
public place prohibited) 15
Clause 34. Section 57(1), definition "weapon", after paragraph (c)-- 16
insert-- 17
`(d) a slingshot.'. 18
of s 58 (Dangerous conduct with weapon prohibited 19
Amendment
generally) 20
Clause 35. Section 58(1), definition "weapon", after paragraph (d)-- 21
insert-- 22
`(e) a slingshot.'. 23
s 36 27 s 38
Police and Other Legislation (Miscellaneous
Provisions)
of s 59 (Possession or use of weapon under the influence 1
Amendment
of liquor or a drug prohibited) 2
Clause 36.(1) Section 59(1), definition "weapon", paragraph (b)-- 3
renumber as section 59(1)(c). 4
(2) Section 59(1), definition "weapon"-- 5
insert-- 6
`(b) a slingshot; and'. 7
of s 68 (Dealers to be licensed) 8
Amendment
Clause 37. Section 68(1)-- 9
omit, insert-- 10
`68.(1) A person must not deal in weapons in the course of business, 11
unless the person is a licensed dealer. 12
`Maximum penalty-- 13
(a) for a category D, H or R weapon--100 penalty units or 2 years 14
imprisonment; and 15
(b) for a category C or E weapon--60 penalty units or 1 year's 16
imprisonment; and 17
(c) for a category A or B weapon--20 penalty units or 6 months 18
imprisonment.'. 19
of s 69 (Armourers to be licensed) 20
Amendment
Clause 38.(1) Section 69(1), as penalty-- 21
insert-- 22
`Maximum penalty-- 23
(a) for a category D, H or R weapon--100 penalty units or 2 years 24
imprisonment; and 25
(b) for a category C or E weapon--60 penalty units or 1 year's 26
imprisonment; and 27
s 39 28 s 41
Police and Other Legislation (Miscellaneous
Provisions)
(c) for a category A or B weapon--20 penalty units or 6 months 1
imprisonment.'. 2
(2) After section 69(1)-- 3
insert-- 4
`(1A) A person who is not a licensed armourer must not manufacture a 5
weapon. 6
`Maximum penalty-- 7
(a) for a category D, H or R weapon--100 penalty units or 2 years 8
imprisonment; and 9
(b) for a category C or E weapon--60 penalty units or 1 year's 10
imprisonment; and 11
(c) for a category A or B weapon--20 penalty units or 6 months 12
imprisonment.'. 13
of s 71 (Licensed dealers and armourers to keep register) 14
Amendment
Clause 39. Section 71(5), definition "weapons register"-- 15
omit, insert-- 16
` "weapons register" means-- 17
(a) a book in the approved form, bound in a way satisfactory to an 18
authorised officer; or 19
(b) a computer register approved by the commissioner.'. 20
of s 78 (Weapons not to be discharged or operated) 21
Amendment
Clause 40. Section 78(2)-- 22
omit. 23
of s 132 (Power to demand production of licence etc.) 24
Amendment
Clause 41. Section 132-- 25
insert-- 26
s 42 29 s 44
Police and Other Legislation (Miscellaneous
Provisions)
`(6) In subsections (2) and (4)-- 1
"licence" means a card issued as a licence under this Act that shows the 2
following-- 3
(a) the licensee's photograph; 4
(b) the licence number; 5
(c) numbers and letters indicating licence conditions; 6
(d) letters indicating the categories of weapons the licensee may 7
possess.'. 8
of s 139 (Seizure and retention of weapons etc.) 9
Amendment
Clause 42. Section 139-- 10
insert-- 11
`(2A) Also, a police officer may seize and retain an antique firearm if the 12
police officer reasonably believes a person in possession of the firearm is 13
not a fit and proper person to be in possession of the firearm-- 14
(a) because of the person's mental and physical fitness; or 15
(b) if a domestic violence order has been made against the person; or 16
(c) because the person has been convicted of an offence involving the 17
use, carriage, discharge or possession of a weapon.' 18
of s 154 (Retention and disposal of weapons in police 19
Amendment
custody) 20
Clause 43. Section 154(1)(b), `class'-- 21
omit, insert-- 22
`category or, for an antique firearm, the antique firearm'. 23
of s 179 (Compensation) 24
Amendment
Clause 44. Section 179(2), from `under'-- 25
omit, insert-- 26
s 45 30 s 48
Police and Other Legislation (Miscellaneous
Provisions)
`under either of the following Commonwealth Acts-- 1
· the National Firearms Program Implementation Act 1996 2
· the National Firearms Program Implementation Act 1997.'. 3
ART 7--AMENDMENT OF POLICE POWERS AND 4
P
RESPONSIBILITIES ACT 1997 5
amended in pt 7 6
Act
Clause 45. This part amends the Police Powers and Responsibilities Act 1997. 7
of s 10 (Appointment of police officers as public officials 8
Amendment
for other Acts) 9
Clause 46. Section 10-- 10
insert-- 11
`(6) Subsection (4) applies even if a police officer is a public official 12
because an express provision of another Act declares all police officers to be 13
public officials for the other Act.'. 14
of s 13 (General power to enter to make inquiries, 15
Amendment
investigations or serve documents) 16
Clause 47. Section 13(5)-- 17
omit, insert-- 18
`(5) However, if the place contains a dwelling, the only part of the place a 19
police officer may enter without the consent of the occupier is the part of the 20
place that is not a dwelling.'. 21
of s 18 (Crime scene warrant) 22
Amendment
Clause 48. Section 18-- 23
s 49 31 s 51
Police and Other Legislation (Miscellaneous
Provisions)
insert-- 1
`(8A) Also, if the issuer is a Supreme Court judge, the warrant must 2
state whether or not a police officer may, under the warrant, do something 3
that may cause structural damage to a building.'. 4
of s 20 (Powers at crime scene) 5
Amendment
Clause 49.(1) Section 20(1)(g), `inspect the crime scene and'-- 6
omit, insert-- 7
`search the crime scene and inspect'. 8
(2) Section 20(1)-- 9
insert-- 10
`(ga)open anything at the crime scene that is locked;'. 11
(3) Section 20(3), after `is done'-- 12
insert-- 13
`and the warrant authorises the doing of the thing'. 14
of s 26 (Searching persons without warrant) 15
Amendment
Clause 50. Section 26(3)-- 16
omit, insert-- 17
`(3) The police officer may seize all or part of a thing-- 18
(a) that may provide evidence of the commission of an offence; or 19
(b) that the person intends to use to cause harm to himself, herself or 20
someone else.'. 21
of s 27 (Searching vehicles without warrant) 22
Amendment
Clause 51. Section 27(6)-- 23
omit, insert-- 24
`(6) The police officer may seize all or part of a thing-- 25
s 52 32 s 54
Police and Other Legislation (Miscellaneous
Provisions)
(a) that may provide evidence of the commission of an offence; or 1
(b) that the person intends to use to cause harm to himself, herself or 2
someone else.'. 3
of s 35 (Arrest without warrant) 4
Amendment
Clause 52.(1) Section 35(1), after `committing an offence'-- 5
insert-- 6
`(a "suspect"). 7
(2) Section 35(2), after `an indictable offence'-- 8
insert-- 9
`(also a "suspect"). 10
(3) Section 3(2), from `under'-- 11
omit, insert-- 12
`, or investigating the offence, under part 8.'. 13
of s 41 (Notice to appear form) 14
Amendment
Clause 53. Section 41(3), `7 days'-- 15
omit, insert-- 16
`14 days'. 17
of s 46 (Court may order immediate arrest of person who 18
Amendment
fails to appear) 19
Clause 54. Section 46(2)-- 20
omit, insert-- 21
`(2) A document purporting to be a copy of the notice to appear signed 22
on the day it is served by the police officer who served, and stating when 23
and where it was served, it is evidence of the service of the notice.'. 24
s 55 33 s 58
Police and Other Legislation (Miscellaneous
Provisions)
of s 48 (Application of part) 1
Amendment
Clause 55. Section 48(1), from `questioned'-- 2
omit, insert-- 3
`detained for-- 4
(a) questioning about an indictable offence; or 5
(b) the investigation of an indictable offence.'. 6
of s 49 (Removal of persons from lawful custody) 7
Amendment
Clause 56. Section 49(2) and (5), from `investigating'-- 8
omit, insert-- 9
`-- 10
(a) questioning the person about an offence; or 11
(b) the investigation of an offence.'. 12
of s 51 (Extension of detention period) 13
Amendment
Clause 57. Section 51(8), `is'-- 14
omit, insert-- 15
`will, if extended under subsection (5), be'. 16
of s 68 (Surveillance warrants) 17
Amendment
Clause 58. Section 68-- 18
insert-- 19
`(19A) However, subsections (17) and (19) do not prevent the police 20
officer exercising powers under the surveillance warrant after it stops 21
having effect, but only for removing the surveillance device to which the 22
warrant relates.'. 23
s 59 34 s 61
Police and Other Legislation (Miscellaneous
Provisions)
of s 70 (Powers under surveillance warrants) 1
Amendment
Clause 59.(1) Section 70, `executes'-- 2
omit, insert-- 3
`exercises powers under'. 4
(2) Section 70-- 5
insert-- 6
`(g) for a listening device or visual surveillance device--power to use 7
an assistant to translate or interpret conversations or visual images 8
intercepted under the warrant.'. 9
of s 76 (Report on covert search) 10
Amendment
Clause 60. Section 76(1), after `issued the warrant'-- 11
insert-- 12
`and the monitor'. 13
of new s 79A 14
Insertion
Clause 61. After section 79-- 15
insert-- 16
monitor 17
`Acting
`79A.(1) The Governor in Council may appoint a person, who is 18
qualified for appointment as the public interest monitor, to act as the public 19
interest monitor-- 20
(a) during a vacancy in the office; or 21
(b) during any period, or all periods, when the public interest monitor 22
is absent from duty or from the State or, for another reason, can 23
not perform the duties of the office. 24
(2) The Governor in Council may appoint a person, who is qualified for 25
appointment as a deputy public interest monitor, to act as a deputy public 26
interest monitor-- 27
s 62 35 s 64
Police and Other Legislation (Miscellaneous
Provisions)
(a) during a vacancy in the office; or 1
(b) during any period, or all periods, when a deputy public interest 2
monitor is absent from duty or from the State or, for another 3
reason, can not perform the duties of the office.'. 4
of new s 82A 5
Insertion
Clause 62. Part 11, after section 82-- 6
insert-- 7
`Protection from liability 8
`82A.(1) The public interest monitor or a deputy public interest monitor 9
does not incur civil liability for an act done, or omission made, honestly and 10
without negligence under this Act. 11
(2) If subsection (1) prevents a civil liability attaching to the public 12
interest monitor or a deputy public interest monitor, the liability attaches 13
instead to the State.'. 14
of s 83 (When part applies to behaviour) 15
Amendment
Clause 63.(1) Section 83, heading, `part'-- 16
omit, insert-- 17
`division'. 18
(2) Section 83(1), `part'-- 19
omit, insert-- 20
`division'. 21
of s 84 (When part applies to person's presence) 22
Amendment
Clause 64.(1) Section 84, heading, `part'-- 23
omit, insert-- 24
`division'. 25
(2) Section 84(1), `part'-- 26
s 65 36 s 65
Police and Other Legislation (Miscellaneous
Provisions)
omit, insert-- 1
`division'. 2
(3) Section 84(2), `behaviour'-- 3
omit, insert-- 4
`presence'. 5
of new pt 11A 6
Insertion
Clause 65. After part 11-- 7
insert-- 8
`PART 11A--WATCH-HOUSES 9
of persons in watch-houses 10
`Control
`90A. The manager of a watch-house may give or cause to be given to a 11
person in custody in the watch-house any reasonably necessary directions, 12
or take or cause to be taken any reasonably necessary steps, for ensuring the 13
good management and control of the watch-house. 14
15
Examples--
16
1. The manager may direct a person in custody to move from 1 cell to another
17
because the person is causing disruption to others or for the safety of others.
18
2. The manager may physically remove a person from 1 cell to another if the
19
person fails to comply with a direction.
of persons in watch-houses 20
`Transfer
`90B. The manager of a watch-house may transfer a person in custody in 21
a watch-house from the watch-house to-- 22
(a) another watch-house; or 23
(b) a holding cell at a police station; or 24
(c) another place at which the person may receive treatment 25
necessary for the person's welfare. 26
s 66 37 s 67
Police and Other Legislation (Miscellaneous
Provisions)
1
Examples--
2
1. A person may be transferred from the watch-house at Holland Park to the
3
Brisbane City watch-house because there are not enough cells or staff available at
4
Holland Park to provide proper security at the watch-house or care for persons in
5
custody.
6
2. A person held in custody at a watch-house may be transferred to a hospital to
7
receive necessary medical treatment.'.
of s 108 (Requirements after property is seized) 8
Amendment
Clause 66. Section 108-- 9
insert-- 10
`(6) Also, at the end of a proceeding, a court may, in relation to a thing 11
seized, make any of the following orders-- 12
(a) an order for the return, forfeiture, destruction or disposal of the 13
thing; 14
(b) an order that the thing be dealt with by way of a proceeding under 15
the Justices Act 1886, section 3910 or a forfeiture proceeding; 16
(c) an order that the police service retain the thing until it is dealt with 17
according to law.'. 18
of s 110 (Return of seized things) 19
Amendment
Clause 67. Section 110-- 20
insert-- 21
`(2) Despite subsection (1), a police officer who seized a thing under 22
section 26(3)(b) or 27(6)(b) 11 may retain the thing for 7 days after being 23
satisfied as mentioned in subsection (1).'. 24
10 Section 39 (Power of court to order delivery of certain property)
11 Section 26 (Searching persons without warrants) and 27 (Searching vehicles
without warrant)
s 68 38 s 71
Police and Other Legislation (Miscellaneous
Provisions)
of s 120 (Assault etc. of police officer) 1
Amendment
Clause 68. Section 120-- 2
insert-- 3
`(1A) For subsection (1), a person who obstructs a police dog or police 4
horse under the control of a police officer in the performance of the police 5
officer's duties is taken to obstruct the police officer.'. 6
of s 122 (Entry of place to prevent offence or injury) 7
Amendment
Clause 69. Section 122(3)(c), after `place or'-- 8
insert-- 9
`on'. 10
of s 123 (Police officer may use assistance in exercising 11
Amendment
certain powers) 12
Clause 70.(1) Section 123(1), after `equipment'-- 13
insert-- 14
`, vehicle, animal'. 15
(2) Section 123-- 16
insert-- 17
`(5) Subsection (1) applies, in relation to animals, despite any other Act 18
or law.'. 19
of sch 3 (Dictionary) 20
Amendment
Clause 71.(1) Schedule 3, definition "detention period"-- 21
omit. 22
`(2) Schedule 3-- 23
insert-- 24
` "detention period" has the meaning given under section 50(3) and 25
includes any period for which detention is extended under section 51. 26
s 72 39 s 73
Police and Other Legislation (Miscellaneous
Provisions)
"police dog" see the Police Service Administration Act 1990, section 1.4, 1
definition "police dog". 2
"police horse" see the Police Service Administration Act 1990, section 1.4, 3
definition "police horse". 4
"question", for parts 8 and 12, means question a suspect about his or her 5
involvement in an indictable offence. 6
"suspect", for part 7, see section 35.12 7
"watch-house manager" means a police officer for the time being in 8
charge of a watch-house.'. 9
(3) Schedule 3, definition "identifying particulars", paragraph (a)(iv)-- 10
omit, insert-- 11
`(iv) voiceprints; 12
(v) footprints; and'. 13
(4) Schedule 3, definition "prescribed place"-- 14
insert-- 15
`(fa) an automatic teller machine; or'. 16
PART 8--AMENDMENT OF CRIME COMMISSION 17
ACT 1997 18
amended in pt 8 19
Act
Clause 72. This part and the schedule amend the Crime Commission Act 1997. 20
of new s 70A 21
Insertion
Clause 73. After section 70-- 22
12 Section 35 (Arrest without warrant)
s 74 40 s 75
Police and Other Legislation (Miscellaneous
Provisions)
insert-- 1
monitor 2
`Acting
`70A.(1) The Governor in Council may appoint a person, who is 3
qualified for appointment as the public interest monitor, to act as the public 4
interest monitor-- 5
(a) during a vacancy in the office; or 6
(b) during any period, or all periods, when the public interest monitor 7
is absent from duty or from the State or, for another reason, can 8
not perform the duties of the office. 9
(2) The Governor in Council may appoint a person, who is qualified for 10
appointment as a deputy public interest monitor, to act as a deputy public 11
interest monitor-- 12
(a) during a vacancy in the office; or 13
(b) during any period, or all periods, when a deputy public interest 14
monitor is absent from duty or from the State or, for another 15
reason, can not perform the duties of the office.'. 16
of new s 72A 17
Insertion
Clause 74. Part 5, after section 72-- 18
insert-- 19
from liability 20
`Protection
`72A.(1) The public interest monitor or a deputy public interest monitor 21
does not incur civil liability for an act done, or omission made, honestly and 22
without negligence under this Act. 23
(2) If subsection (1) prevents a civil liability attaching to the public 24
interest monitor or a deputy public interest monitor, the liability attaches 25
instead to the State.'. 26
of s 78 (Requirements after property is seized) 27
Amendment
Clause 75. Section 78-- 28
insert-- 29
s 76 41 s 77
Police and Other Legislation (Miscellaneous
Provisions)
`(5) Also, at the end of a proceeding, a court may, in relation to a thing 1
seized, make any of the following orders-- 2
(a) an order for the return, forfeiture, destruction or disposal of the 3
thing; 4
(b) an order that the thing be dealt with by way of a proceeding under 5
the Justices Act 1886, section 3913 or a forfeiture proceeding; 6
(c) an order that QCC retain the thing until it is dealt with according 7
to law.'. 8
of s 82 (Surveillance warrants) 9
Amendment
Clause 76. Section 82-- 10
insert-- 11
`(19A) However, subsections (17) and (19) do not prevent a QCC 12
officer exercising powers under the surveillance warrant after it stops 13
having effect, but only for removing the surveillance device to which the 14
warrant relates.'. 15
of s 84 (Powers under surveillance warrant) 16
Amendment
Clause 77.(1) Section 84, `executes'-- 17
omit, insert-- 18
`exercises powers under'. 19
(2) Section 84-- 20
insert-- 21
`(g) for a listening device or visual surveillance device--power to use 22
an assistant to translate or interpret conversations or visual images 23
intercepted under the warrant.'. 24
13 Section 39 (Power of court to order delivery of certain property)
s 78 42 s 78
Police and Other Legislation (Miscellaneous
Provisions)
of s 141 (Insertion of new pt 3, div 1A) 1
Amendment
Clause 78.(1) Section 141, after new section 84A-- 2
insert-- 3
monitor 4
`Acting
`84AA.(1) The Governor in Council may appoint a person, who is 5
qualified for appointment as the public interest monitor, to act as the public 6
interest monitor-- 7
(a) during a vacancy in the office; or 8
(b) during any period, or all periods, when the public interest monitor 9
is absent from duty or from the State or, for another reason, can 10
not perform the duties of the office. 11
`(2) The Governor in Council may appoint a person, who is qualified for 12
appointment as a deputy public interest monitor, to act as a deputy public 13
interest monitor-- 14
(a) during a vacancy in the office; or 15
(b) during any period, or all periods, when a deputy public interest 16
monitor is absent from duty or from the State or, for another 17
reason, can not perform the duties of the office.'. 18
(2) Section 141, after new section 84D-- 19
insert-- 20
from liability 21
`Protection
`84E.(1) The public interest monitor or a deputy public interest monitor 22
does not incur civil liability for an act done, or omission made, honestly and 23
without negligence under this Act. 24
`(2) If subsection (1) prevents a civil liability attaching to the public 25
interest monitor or a deputy public interest monitor, the liability attaches 26
instead to the State.'. 27
s 79 43 s 79
Police and Other Legislation (Miscellaneous
Provisions)
PART 9--REPEALS 1
repealed 2
Acts
Clause 79. The following Acts are repealed-- 3
· Police (Photographs) Act 1966 4
· Police Dogs Act 1984. 5
44
Police and Other Legislation (Miscellaneous
Provisions)
CHEDULE 1
¡S
INOR AMENDMENTS OF THE CRIME 2
M
COMMISSION ACT 1997 3
section 72 4
1. Parts 9 to 15-- 5
renumber as parts 8 to 14 respectively. 6
2. Section 133, heading, `12'-- 7
omit, insert-- 8
`11'. 9
3. Section 144, heading, `13'-- 10
omit, insert-- 11
`12'. 12
4. Section 146, heading, `14'-- 13
omit, insert-- 14
`13'. 15
45
Police and Other Legislation (Miscellaneous
Provisions)
SCHEDULE (continued)
5. Section 148, heading, `15'-- 1
omit, insert-- 2
`14'. 3
© State of Queensland 1998
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