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Queensland
POLICE POWERS AND
RESPONSIBILITIES AND
OTHER ACTS (REGISTERS)
AMENDMENT BILL 1999
Queensland
POLICE POWERS AND
RESPONSIBILITIES AND OTHER ACTS
(REGISTERS) AMENDMENT BILL 1999
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
3 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 28 (Search warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 32 (Notice to produce documents) . . . . . . . . . . . . . . . . . . 7
6 Amendment of s 68 (Surveillance warrants) . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Omission of s 72 (Register to be kept) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
8 Amendment of s 74 (Covert search warrants) . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Omission of s 78 (Register of surveillance and covert search
warrants and applications) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10 Relocation of s 82A (Protection from liability) . . . . . . . . . . . . . . . . . . . . . . 8
11 Amendment of s 100 (Provision of information relating to a
person in custody) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Amendment of s 112 (Supplying police officer's details etc.) . . . . . . . . . . . 8
13 Omission of s 117 (Persons to be given copy of information in register) . . 9
14 Insertion of new pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
PART 12A--REGISTERS
Division 1--Application and purpose
119A Application of pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
119B Purpose and explanation of pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 2--Register of surveillance and covert search warrants
119C Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
119D Particular Acts do not apply to this division . . . . . . . . . . . . . . . . . . . 10
119E Register of covert acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
119F Information to be recorded in register . . . . . . . . . . . . . . . . . . . . . . . . 11
119G Who must record information in register . . . . . . . . . . . . . . . . . . . . . . 12
119H Which register to be used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
119I Who may inspect police service register . . . . . . . . . . . . . . . . . . . . . . 12
119J Who may inspect CJC's register . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
119K Who may inspect QCC's register . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
119L Other authorised inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
119M General restrictions on inspections by monitor . . . . . . . . . . . . . . . . . 14
Division 3--Enforcement registers
119N Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
119O Register of enforcement acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
119P Who must record information in register . . . . . . . . . . . . . . . . . . . . . . 15
119Q Which register to be used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
119R Persons to be given copy of information in register . . . . . . . . . . . . . 16
119S Restriction on disclosure of certain information . . . . . . . . . . . . . . . . 16
Division 4--Provisions about covert acts and enforcement acts
done for the NCA
119T Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
119U Information to be given to NCA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 5--General provisions
119V Correcting registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
15 Insertion of pt 16, div 1 hdgs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
16 Insertion of new pt 16, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 2--Provisions for Police Powers and Responsibilities and
Other Acts (Registers) Amendment Act 1999
139 Transitional provision relating to registers . . . . . . . . . . . . . . . . . . . . . 18
17 Amendment of schedule 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 21
OTHER ACTS AMENDED
3
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
CRIME COMMISSION ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
CRIMINAL JUSTICE ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
1999
A BILL
FOR
An Act to amend the Police Powers and Responsibilities Act 1997 and
certain other Acts to clarify requirements relating to the keeping
of registers under those Acts, and for other purposes
s1 6 s4
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Police Powers and Responsibilities and 3
Other Acts (Registers) Amendment Act 1999. 4
5
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 6
amended 7
Acts
Clause 3.(1) This Act (other than the schedule) amends the Police Powers and 8
Responsibilities Act 1997. 9
(2) The schedule amends the Acts it mentions. 10
of s 28 (Search warrant) 11
Amendment
Clause 4.(1) Section 28(4)(b), after `about any'-- 12
insert-- 13
`search'. 14
(2) Section 28-- 15
insert-- 16
`(4A) Subsection (4)(b) applies only to-- 17
(a) information kept in a register that the police officer may inspect; 18
and 19
(b) information the officer otherwise actually knows.'. 20
s5 7 s8
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
of s 32 (Notice to produce documents) 1
Amendment
Clause 5. Section 32-- 2
insert-- 3
`(3A) Subsection (3)(b) applies only to-- 4
(a) information kept in a register that the police officer may inspect; 5
and 6
(b) information the officer otherwise actually knows.'. 7
of s 68 (Surveillance warrants) 8
Amendment
Clause 6. Section 68-- 9
insert-- 10
`(5A) Subsection (5)(b) only applies to-- 11
(a) information kept in a register that the police officer may inspect; 12
and 13
(b) information the officer otherwise actually knows.'. 14
of s 72 (Register to be kept) 15
Omission
Clause 7. Section 72-- 16
omit. 17
of s 74 (Covert search warrants) 18
Amendment
Clause 8. Section 74-- 19
insert-- 20
`(2A) Subsection (2)(b) applies only to-- 21
(a) information kept in a register that the police officer may inspect; 22
and 23
(b) information the officer otherwise actually knows.'. 24
s9 8 s 12
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
of s 78 (Register of surveillance and covert search warrants 1
Omission
and applications) 2
Clause 9. Section 78-- 3
omit. 4
of s 82A (Protection from liability) 5
Relocation
Clause 10. Section 82A-- 6
relocate to part 10, after section 82. 7
of s 100 (Provision of information relating to a person in 8
Amendment
custody) 9
Clause 11. Section 100(2)-- 10
insert-- 11
`(c) the whereabouts of the person in custody-- 12
(i) are not in a register that the police officer may inspect; and 13
(ii) are otherwise not actually known to the police officer.'. 14
of s 112 (Supplying police officer's details etc.) 15
Amendment
Clause 12.(1) Section 112, heading, `etc.'-- 16
omit. 17
(2) Section 112(5) and (7)-- 18
omit. 19
(3) Section 112(6), `(5)'-- 20
omit, insert-- 21
`(4)'. 22
(4) Section 112(6) and (8)-- 23
renumber as section 112(5) and (6). 24
s 13 9 s 14
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
of s 117 (Persons to be given copy of information in register) 1
Omission
Clause 13. Section 117-- 2
omit. 3
of new pt 12A 4
Insertion
Clause 14. After part 12-- 5
insert-- 6
ART 12A--REGISTERS 7
`P
1--Application and purpose 8
`Division
of pt 12A 9
`Application
`119A.(1) This part applies to covert acts and enforcement acts done by a 10
police officer whether for the CJC, QCC, the NCA or the police service. 11
`(2) Also, this part applies to covert acts and enforcement acts done by a 12
police officer at the request of a declared law enforcement agency other than 13
the CJC or QCC. 14
`(3) However, divisions 2 and 3 do not apply to covert acts and 15
enforcement acts done by a police officer performing a function for the 16
NCA. 17
and explanation of pt 12A 18
`Purpose
`119B.(1) The purpose of this part is-- 19
(a) to establish who is responsible for keeping registers under this 20
Act and recording information in them; and 21
(b) to ensure, as far as possible, police officers record information 22
about covert acts and enforcement acts in the correct register; and 23
(c) to state who may inspect each register. 24
`(2) Police officers sometimes do covert acts and enforcement acts for 25
s 14 10 s 14
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
declared law enforcement agencies but do not stop being police officers only 1
because the act is not done for the police service. 2
`(3) In some cases, these acts are done as part of a joint operation 3
involving 2 or more declared law enforcement agencies. 4
`(4) If this part applies to a declared law enforcement agency, the agency 5
must ensure information about the acts is recorded in a register as required 6
under this part. 7
`(5) This part also provides a mechanism for ensuring information 8
incorrectly recorded in a particular register is removed from the register and 9
recorded in the relevant register. 10
2--Register of surveillance and covert search warrants 11
`Division
of div 2 12
`Application
`119C.(1) This division applies to covert acts. 13
`(2) In this division-- 14
"covert act" includes an enforcement act done by a police officer while 15
exercising powers under a surveillance warrant or covert search 16
warrant. 17
Acts do not apply to this division 18
`Particular
`119D. The Libraries and Archives Act 1988 and the Freedom of 19
Information Act 1992 do not apply to information kept in a register under 20
this division. 21
of covert acts 22
`Register
`119E.(1) The CJC, QCC and the police service must keep a register of 23
covert acts. 24
`(2) The register may form part of another register whether kept under 25
this or another Act. 26
`(3) Each entity-- 27
s 14 11 s 14
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
(a) may keep its register in the way the entity's chief executive officer 1
considers appropriate; and 2
(b) must ensure its register is kept in a secure place. 3
4
Example for subsection (3)(a)--
5
The register may be kept on a computer or partly on a computer and partly written.
to be recorded in register 6
`Information
`119F.(1) The following information about applications for covert search 7
warrants must be recorded in the register-- 8
(a) when and where the application for the warrant was made; 9
(b) the name of the suspect and the description of the place mentioned 10
in the application; 11
(c) the type of indictable offence mentioned in the application; 12
(d) whether or not the warrant was issued; 13
(e) if a warrant was issued--how long the warrant was in force. 14
`(2) The following information about covert search warrants must be 15
recorded in the register-- 16
(a) if and when powers were exercised under the warrant; 17
(b) when the initial search under the warrant was completed or, if the 18
place was not searched, why it was not searched; 19
(c) whether anything was seized, inspected or photographed under 20
the warrant; 21
(d) the benefits derived from the warrant, including, for example-- 22
(i) any proceeding started; and 23
(ii) anything seized during a search; 24
(e) information about the return, destruction or disposal of anything 25
seized. 26
`(3) For other covert acts, the information to be recorded in the register is 27
the information specified in the responsibilities code. 28
s 14 12 s 14
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
must record information in register 1
`Who
`119G.(1) A police officer who does a covert act must cause the 2
information required under section 119F to be recorded in the register of 3
covert acts to be so recorded. 4
`(2) If 2 or more police officers do a covert act, the senior police officer 5
involved in doing the act must cause the information to be recorded. 6
`(3) The information must be recorded as soon as reasonably practicable 7
after the act is done or the information becomes available. 8
register to be used 9
`Which
`119H.(1) Information that must be recorded in a register under this 10
division must be recorded in the relevant register. 11
`(2) For this section, the relevant register for covert acts is-- 12
(a) for acts done by a police officer performing functions for the 13
CJC--the CJC's register; or 14
(b) for acts done by a police officer performing functions for 15
QCC--QCC's register; or 16
(c) if paragraph (a) or (b) does not apply--the police service register. 17
`(3) However, if a police officer does a covert act as part of a joint 18
operation involving 2 or more entities, the information must be recorded in 19
a register kept by at least 1 of the entities participating in the operation. 20
may inspect police service register 21
`Who
`119I.(1) The register of covert acts kept by the police service is not open 22
to inspection by anyone other than-- 23
(a) the commissioner; or 24
(b) a monitor; or 25
(c) the chairperson of the CJC. 26
`(2) However, the chairperson of the CJC must give the commissioner 27
reasonable notice of intention to inspect the register. 28
s 14 13 s 14
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
may inspect CJC's register 1
`Who
`119J. The register of covert acts kept by the CJC is not open to 2
inspection by anyone other than-- 3
(a) the chairperson of the CJC; 4
(b) a monitor; or 5
(c) the parliamentary commissioner. 6
may inspect QCC's register 7
`Who
`119K. The register of covert acts kept by the QCC is not open to 8
inspection by anyone other than-- 9
(a) QCC; or 10
(b) a monitor; or 11
(c) the parliamentary commissioner. 12
authorised inspections 13
`Other
`119L.(1) If the chief executive officer of an entity that must keep a 14
register of covert acts under this division considers it appropriate, the chief 15
executive officer may, in writing, authorise a person who may not otherwise 16
inspect the entity's register to inspect the register on the conditions the chief 17
executive officer considers appropriate. 18
`(2) However, the chief executive officer may authorise the person to 19
inspect the register only if the officer is satisfied the inspection is 20
necessary-- 21
(a) for an investigation into a serious indictable offence, official 22
misconduct, misconduct or a relevant criminal activity in which 23
information in the register may be relevant; or 24
(b) for maintaining the register; or 25
(c) for preparing a part 10 application; or 26
(d) for monitoring compliance with this Act. 27
s 14 14 s 14
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
`(3) The person authorised to inspect the register may only inspect it to 1
the extent necessary for the purpose for which the authority is given.1 2
restrictions on inspections by monitor 3
`General
`119M. The monitor may inspect a register under this division only to 4
the extent necessary for performing the monitor's functions under this Act. 5
`Division 3--Enforcement registers 6
of div 3 7
`Application
`119N.(1) This division only applies to enforcement acts. 8
`(2) In this division-- 9
"enforcement act" does not include an act done by a police officer while 10
exercising powers under a surveillance warrant or covert search 11
warrant. 12
of enforcement acts 13
`Register
`119O.(1) The CJC, QCC and the police service must keep a register of 14
enforcement acts. 15
`(2) The register may form part of another register whether kept under 16
this or another Act. 17
`(3) Each entity-- 18
(a) may keep its register in the way the entity's chief executive officer 19
considers appropriate; and 20
(b) must ensure its register is kept in a way that enables police 21
officers to comply with this Act; and 22
1 Failure of a police officer to comply with subsection (3) may lead to disciplinary
action against he officer. Also, improper disclosure of anything learnt when
inspecting the register may be an offence.
s 14 15 s 14
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
(c) may keep its register in a way the entity's chief executive officer 1
considers-- 2
(i) prevents a police officer not performing a function for the 3
entity inspecting all or part of the register; or 4
(ii) restricts access to all or part of the register to only specified 5
police officers performing functions for the entity. 6
7
Example for subsection (3)(a)--
8
The register may be kept on a computer or partly on a computer and partly written.
9
Example for subsection (3)(c)(ii)--
10
The chairperson of the CJC may keep the register in a way that prevents police
11
officers other than those seconded to the CJC inspecting the register.
must record information in register 12
`Who
`119P.(1) A police officer who does an enforcement act must cause the 13
information required under the responsibilities code to be recorded in the 14
register of enforcement acts. 15
`(2) If 2 or more police officers do an enforcement act, the senior police 16
officer involved in doing the act must cause the information to be recorded. 17
`(3) The information must be recorded as soon as reasonably practicable 18
after the act is done or the information becomes available. 19
register to be used 20
`Which
`119Q.(1) Information about an enforcement act must be recorded in the 21
relevant register. 22
`(2) For subsection (1), the relevant register for enforcement acts is-- 23
(a) for acts done by a police officer performing functions for the 24
CJC--the CJC's register; or 25
(b) for acts done by a police officer performing functions for 26
QCC--QCC's register; or 27
(c) if paragraph (a) or (b) does not apply--the police service register. 28
`(3) However, if a police officer does an enforcement act as part of a joint 29
s 14 16 s 14
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
operation involving 2 or more entities the information must be recorded in 1
the register kept by at least 1 of the entities participating in the operation. 2
`(4) Further, if an entity does an enforcement act for a declared law 3
enforcement agency other than the NCA or another entity, information 4
about the act must be recorded in the entity's register. 5
to be given copy of information in register 6
`Persons
`119R.(1) This section applies to information about a particular 7
enforcement act recorded in a register of enforcement acts kept by the CJC, 8
QCC or the police service. 9
`(2) At any time within 3 years after the enforcement act is done, the 10
person to whom the act was done may ask any police officer who is entitled 11
to inspect the register to give the person a copy or print-out of the 12
information recorded in the register about the act. 13
14
Example for subsection (2)--
15
If information relating to a suspected offender is obtained because of a search
16
warrant executed at a place belonging to a financial institution, the financial
17
institution is entitled to ask for and receive a copy or print-out of the information.
`(3) The police officer must comply with the request as soon as 18
reasonably practicable. 19
on disclosure of certain information 20
`Restriction
`119S.(1) This section applies if the chief executive officer of an entity is 21
reasonably satisfied that making information in the entity's register about a 22
particular enforcement act available to anyone entitled to inspect it may not 23
be in the public interest because-- 24
(a) it may prejudice or otherwise hinder an investigation to which the 25
information may be relevant; or 26
(b) it may cause embarrassment to, or otherwise adversely affect, a 27
person to whom the information relates or someone else 28
associated with the person including, for example, a family 29
member. 30
`(2) Despite section 119R, the chief executive officer may direct that the 31
s 14 17 s 14
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
information be recorded in the entity's register in a way that restricts 1
inspection of the information until the chief executive officer is satisfied it is 2
no longer necessary to restrict its inspection. 3
`(3) The chief executive officer must record the reasons for the direction. 4
`(4) Despite subsection (1), if, within 3 years after the enforcement act 5
was done, the person to whom the act was done asks the chief executive 6
officer for information restricted under subsection (2), the chief executive 7
officer must give the person a copy or print-out of the information as soon 8
as reasonably practicable. 9
10
Example for subsection (4)--
11
If information relating to a suspected offender is obtained because of a search
12
warrant executed at a place belonging to a financial institution, the financial
13
institution is entitled to ask for and receive a copy or print-out of the information.
`Division 4--Provisions about covert acts and enforcement acts done for 14
the NCA 15
of div 4 16
`Application
`119T. This division applies only to covert acts and enforcement acts 17
done by a police officer performing a function for the NCA. 18
to be given to NCA 19
`Information
`119U.(1) A police officer who does a covert act or an enforcement act 20
for the NCA must give information about the enforcement act to the NCA 21
as soon as reasonably practicable after the act is done. 22
`(2) The information must be the same information as the police officer 23
would cause to be recorded under section 119G or 119P. 24
`(3) However, if the NCA requires the police officer to cause the 25
information to be recorded in another entity's register under this part, the 26
police officer must ensure the information is recorded in the register the 27
NCA specifies. 28
s 15 18 s 16
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
`Division 5--General provisions 1
registers 2
`Correcting
`119V.(1) A failure of a police officer to cause information under section 3
119G or 119P to be recorded in the relevant register or give information 4
under section 119U to the NCA does not affect anything done in relation to 5
the act concerned, whether before or after the failure. 6
`(2) However, as soon as possible after the police officer or someone else 7
entitled to inspect the register becomes aware that the information is not 8
recorded in the relevant register, the person must take the steps reasonably 9
necessary to remove the information from the register and ensure it is 10
recorded in the relevant register or given to the NCA.'. 11
of pt 16, div 1 hdgs 12
Insertion
Clause 15. After section 135-- 13
insert-- 14
`PART 16--TRANSITIONAL PROVISIONS 15
`Division 1--Provisions for Act No. 67 of 1997'. 16
of new pt 16, div 2 17
Insertion
Clause 16. After section 138-- 18
insert-- 19
2--Provisions for Police Powers and Responsibilities and 20
`Division
Other Acts (Registers) Amendment Act 1999 21
provision relating to registers 22
`Transitional
`139. A failure, before the commencement of this section, to keep or 23
record information in the way required by this Act before the 24
s 17 19 s 17
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
commencement does not and never did affect anything done in relation to 1
the act concerned before or after the failure.'. 2
of schedule 3 (Dictionary) 3
Amendment
Clause 17.(1) Schedule 3, definition "commissioner"-- 4
omit. 5
(2) Schedule 3-- 6
insert-- 7
` "chief executive officer" means-- 8
(a) for the CJC--the chairperson of the CJC; or 9
(b) for the police service--the commissioner; or 10
(c) for QCC--the crime commissioner. 11
"CJC" means the criminal justice commission. 12
"commissioner" means the commissioner of the police service. 13
"covert act" means any of the following acts-- 14
(a) the making of a part 10 application; 15
(b) the exercise of powers under this Act under a surveillance warrant 16
or a covert search warrant; 17
(c) the disclosure of information under section 71(2)(d)(ii) or (e).2 18
"enforcement act" means any of the following acts-- 19
(a) the search of a person; 20
(b) the search of a vehicle, other than at a roadblock; 21
(c) the search of premises, other than a vehicle or a public place; 22
(d) the taking or seizing of a thing, other than under section 56(4);3 23
(e) the arrest of a person; 24
2 Section 71 (Disclosure of information obtained using surveillance warrant)
3 Section 56 (Search of persons in custody)
s 17 20 s 17
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
(f) the detention of a person for investigations or questioning under 1
part 8;4 2
(g) the questioning of a person in custody within the meaning of 3
section 94;5 4
(h) the exercise of powers under this Act relating to a search warrant 5
or notice to produce; 6
(i) the giving of a direction under section 88.6 7
"entity", in part 12A, means the CJC, QCC or the police service. 8
"NCA" means the national crime authority established under the National 9
Crime Authority Act 1984 (Cwlth). 10
"parliamentary commissioner" see the Criminal Justice Act 1989, 11
section 3.7 12
"part 10 application" means an application under part 10 for a surveillance 13
warrant or a covert search warrant or an extension of a surveillance 14
warrant or a covert search warrant. 15
"QCC officer" see the Crime Commission Act 1997, schedule, dictionary. 16
"relevant criminal activity" see the Crime Commission Act 1997, 17
section 9.8'. 18
4 Part 8 (Investigations and questioning)
5 Section 94 (When is a person "in custody" for this part)
6 Section 88 (Direction may be given to person)
7 Criminal Justice Act 1989, section 3 (Definitions)
8 Crime Commission Act 1997, section 9 (Meaning of "relevant criminal activity")
21
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
SCHEDULE 1
¡
THER ACTS AMENDED 2
O
section 3(2) 3
CRIME COMMISSION ACT 1997 4
´
1. Section 35(1), after `powers'-- 5
insert-- 6
`under this or another Act'. 7
2. Section 92-- 8
insert-- 9
`(3) However, if QCC considers it appropriate, QCC may, in writing, 10
authorise a person who may not otherwise inspect the register to inspect the 11
register on conditions QCC considers appropriate. 12
`(4) QCC may authorise a person to inspect the register under subsection 13
(3) only if it is satisfied the inspection is necessary-- 14
(a) for an investigation into relevant criminal activity, a major crime, 15
official misconduct or misconduct for which information in the 16
register may be relevant; or 17
(b) for maintaining the register; or 18
(c) for preparing an application under division 2 or 3 for a warrant or 19
for an extension of a warrant; or 20
(d) to monitor compliance with this Act. 21
`(5) A QCC officer may inspect the register under subsection (2) only to 22
the extent necessary for making an application under division 2 or 3. 23
`(6) A person authorised under subsection (3) to inspect the register may 24
22
Police Powers and Responsibilities and Other
Acts (Registers) Amendment
SCHEDULE (continued)
only inspect it to the extent necessary for the purpose for which the authority 1
is given.'. 2
3. Section 98-- 3
insert-- 4
`(3) Also, this Act does not prevent a QCC officer who is a police officer 5
from exercising powers a police officer may exercise under another Act 6
when exercising powers under this Act.'. 7
RIMINAL JUSTICE ACT 1989 8
´C
1. Section 140(1), after `this Act'-- 9
insert-- 10
`or the Police Powers and Responsibilities Act 1997, part 12A (other 11
than section 119I(1)(c)),'. 12
13
© State of Queensland 1999
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