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Queensland
POLICE POWERS AND
RESPONSIBILITIES AND
OTHER ACTS AMENDMENT
BILL 2000
Queensland
POLICE POWERS AND
RESPONSIBILITIES AND OTHER ACTS
AMENDMENT BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF POLICE POWERS AND
RESPONSIBILITIES ACT 2000
3 Act amended in pt 2 and schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 2 (Commencement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Amendment of s 33 (Prescribed circumstances for requiring name
and address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Amendment of s 122 (Certain Acts do not apply to this part) . . . . . . . . . . . 11
7 Renumbering of chs 5-12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
8 Insertion of new ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
CHAPTER 5--CONTROLLED OPERATIONS AND
CONTROLLED ACTIVITIES
PART 1--PRELIMINARY
163 Object of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
164 Investigation of minor matters not affected . . . . . . . . . . . . . . . . . . . . 13
165 Lawfulness of particular actions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
166 Controlled operations and activities generally . . . . . . . . . . . . . . . . . 14
PART 2--CONTROLLED OPERATIONS
Division 1--Controlled operations committee
167 Establishment of controlled operations committee . . . . . . . . . . . . . . 14
168 Independent member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2
Police Powers and Responsibilities and Other
Acts Amendment
169 Acting independent member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Committee's functions and business
170 Committee's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
171 Committee business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
172 Committee's recommendations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Approval of controlled operations
173 Application for approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
174 Application must be referred to committee . . . . . . . . . . . . . . . . . . . . 17
175 Certain CJC controlled operations . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
176 Procedure in urgent circumstances other than if s 175 applies . . . . 18
177 Consideration and approval of application . . . . . . . . . . . . . . . . . . . . 18
178 What approval must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
179 Effect of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Division 4--Variation of approval for controlled operation
180 Application to vary approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
181 Application must be referred to committee . . . . . . . . . . . . . . . . . . . . 22
182 Certain CJC controlled operations . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
183 Procedure in urgent circumstances other than if s 182 applies . . . . 22
184 When approval may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
185 How approval may be varied . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Division 5--Special provisions about creating identity documents
186 Request for issue of document to conceal identity--general . . . . . . 23
187 Request for issue of document to conceal identity--CJC . . . . . . . . 24
188 Giving effect to authority under s 186 or 187 . . . . . . . . . . . . . . . . . . 24
189 Special provisions about concealing identities of covert
operatives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 3--CONTROLLED ACTIVITIES
190 Authorised controlled activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
191 Authorisation of controlled activities by CJC . . . . . . . . . . . . . . . . . . 26
PART 4--MISCELLANEOUS
192 Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
193 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
3
Police Powers and Responsibilities and Other
Acts Amendment
194 Admissibility of evidence obtained through controlled
operation and activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
195 Cross-jurisdictional protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
196 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
197 Powers not to be delegated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
9 Renumbering of ss 163-174 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
10 Insertion of new ss 210-211 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
210 Additional case when arrest for being drunk in a public
place may be discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
211 Additional case when arrest for minor drugs offence may
be discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
11 Renumbering of ss 175-187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
12 Amendment of s 188 (Duty of police officer receiving custody of
person arrested for offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
13 Renumbering of ss 189-231 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
14 Amendment of s 232 (Search of persons in custody) . . . . . . . . . . . . . . . . . . 35
15 Renumbering of ss 233-234 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
16 Amendment of s 235 (Identifying particulars notice may be given) . . . . . . 36
17 Renumbering of ss 236-258 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
18 Insertion of new ch 8 (as renumbered), pts 4-5 . . . . . . . . . . . . . . . . . . . . . . . 37
PART 4--DNA PROCEDURES
Division 1--Application and purpose of pt 4
296 Primary purpose of pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 2--Preliminary provisions about taking DNA samples for
DNA analysis
297 Who may take DNA samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
298 Where DNA samples may be taken . . . . . . . . . . . . . . . . . . . . . . . . . . 38
299 How DNA samples may be taken . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 3--Taking DNA samples with consent
300 Informed consent needed for taking DNA sample . . . . . . . . . . . . . . . 39
301 Special requirements for obtaining consent from persons
with impaired capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
302 Special requirement for obtaining consent from children . . . . . . . . . 40
303 Explanation to be given before asking for consent . . . . . . . . . . . . . . 40
4
Police Powers and Responsibilities and Other
Acts Amendment
304 Explanation and consent to be recorded . . . . . . . . . . . . . . . . . . . . . . 41
Division 4--Taking DNA samples without consent
305 Purpose of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
306 Special requirement if person with impaired capacity . . . . . . . . . . . 41
307 Taking DNA sample if proceedings started against adult
by arrest, notice to appear or complaint and summons . . . . . . . . . . 42
308 DNA sample notice may be given . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
309 Taking DNA sample from adult before court . . . . . . . . . . . . . . . . . . . 44
310 Taking DNA sample after conviction of adult . . . . . . . . . . . . . . . . . . 44
311 Taking DNA sample from prisoner . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
312 Taking DNA sample from child . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 5--General requirements about taking DNA samples
313 Protecting the dignity of persons while taking DNA samples . . . . . 46
314 Help with DNA sampling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
Division 6--General
315 Power to analyse etc. DNA samples . . . . . . . . . . . . . . . . . . . . . . . . . 47
316 When DNA samples and results must be destroyed . . . . . . . . . . . . . 48
317 DNA database . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
318 Restricted use of DNA samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
PART 5--BLOOD AND URINE TESTING OF PERSONS
SUSPECTED OF COMMITTING SEXUAL OR OTHER SERIOUS
ASSAULT OFFENCES
Division 1--Preliminary
319 Purpose of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
320 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
321 Certain Acts do not apply to this part . . . . . . . . . . . . . . . . . . . . . . . . 52
Division 2--Taking blood and urine samples
322 Application for order for blood and urine testing of person . . . . . . . 52
323 Notice to be given of application for disease test order for child . . 53
324 Disease test order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
325 What disease test order must state . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
326 Appeal against disease test order . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
5
Police Powers and Responsibilities and Other
Acts Amendment
327 Taking blood and urine samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 3--General
328 Analysis of blood and urine samples . . . . . . . . . . . . . . . . . . . . . . . . . 56
329 Restriction on disclosure of results of analysis . . . . . . . . . . . . . . . . . 56
330 Certain evidence inadmissible . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
19 Renumbering of ss 259-309 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
20 Omission of ch 10 (as renumbered), pt 2, divs 3-5 . . . . . . . . . . . . . . . . . . . . 57
21 Renumbering of ss 318-336 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
22 Amendment of s 337 (Particular Acts do not apply to this division) . . . . . 58
23 Renumbering of ss 338-355 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
24 Insertion of new ch 11 (as renumbered), pt 3 . . . . . . . . . . . . . . . . . . . . . . . . 58
PART 3--DEALING WITH THINGS IN THE POSSESSION OF
POLICE SERVICE
Division 1--Preliminary
420 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
421 Object of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
422 Responsibilities of police officer taking possession of
relevant thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 2--Return of seized things
423 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
424 Application by owner etc. for return of relevant things . . . . . . . . . . . 61
425 Application by police officer for order if ownership dispute . . . . . . 62
426 Application for order in relation to seized things . . . . . . . . . . . . . . . 63
427 Orders issuer may make in relation to seized thing . . . . . . . . . . . . . 64
428 Disposal of seized things at end of proceeding . . . . . . . . . . . . . . . . . 65
429 Commissioner to decide way of destruction or disposal . . . . . . . . . . 66
Division 3--Dealing with dangerous drugs etc.
430 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
431 Destruction of drug evidence soon after seizure . . . . . . . . . . . . . . . . 67
432 Destruction of dangerous drug after notice . . . . . . . . . . . . . . . . . . . . 68
433 Destruction of things used in the administration of a
dangerous drug . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
6
Police Powers and Responsibilities and Other
Acts Amendment
Division 4--Dealing with weapons
434 Disposal of weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
435 What is the appointed day for disposal of weapons under s 434 . . . 70
Division 5--Dealing with other things
436 Perishable things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 6--Forfeiture
437 Application of div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
438 Order for forfeiture of particular relevant things . . . . . . . . . . . . . . . . 72
439 Order for forfeiture of relevant things connected with offences . . . . 73
Division 7--Dealing with forfeited things
440 Application of div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
441 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 8--Arrangements about relevant things
442 Ministerial arrangements for transmission and return of
seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
443 Commissioner may make arrangements . . . . . . . . . . . . . . . . . . . . . . 76
25 Renumbering of ss 356-393 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
26 Amendment of sch 1 (Acts not affected by this Act) . . . . . . . . . . . . . . . . . . 76
27 Amendment of sch 3 (Acts amended after assent) . . . . . . . . . . . . . . . . . . . . 77
28 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
PART 3--AMENDMENT OF DRUGS MISUSE ACT 1986
29 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
30 Amendment of s 32 (Forfeiture of dangerous drugs) . . . . . . . . . . . . . . . . . . . 83
PART 4--AMENDMENT OF JUSTICES ACT 1886
31 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
32 Amendment of s 39 (Power of court to order delivery of certain
property) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
PART 5--AMENDMENT OF JUVENILE JUSTICE ACT 1992
33 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
34 Amendment of s 19 (Police officer to consider alternatives to
proceeding against child) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
35 Amendment of s 226 (Preservation of confidentiality) . . . . . . . . . . . . . . . . . 86
7
Police Powers and Responsibilities and Other
Acts Amendment
PART 6--AMENDMENT OF POLICE SERVICE
ADMINISTRATION ACT 1990
36 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
37 Amendment of s 10.1 (Improper disclosure of information) . . . . . . . . . . . . . 86
PART 7--AMENDMENT OF PROSTITUTION ACT 1999
38 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
39 Amendment of s 60 (Powers after entry) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
40 Amendment of s 75 (Exception to soliciting offences--police officers) . . 88
41 Amendment of sch 3 (Amendment of other Acts and regulations) . . . . . . . 88
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 89
MINOR AMENDMENTS OF POLICE POWERS AND
RESPONSIBILITIES ACT 2000
2000
A BILL
FOR
An Act to amend the Police Powers and Responsibilities Act 2000, and
for other purposes
s1 10 s4
Police Powers and Responsibilities and Other
Acts Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Police Powers and Responsibilities and 4
Other Acts Amendment Act 2000. 5
6
Commencement
Clause 2. Parts 3 to 6 commence on 1 July 2000. 7
PART 2--AMENDMENT OF POLICE POWERS AND 8
RESPONSIBILITIES ACT 2000 9
amended in pt 2 and schedule 10
Act
Clause 3. This part and the schedule amend the Police Powers and 11
Responsibilities Act 2000. 12
of s 2 (Commencement) 13
Amendment
Clause 4.(1) Section 2(1), after `sections'-- 14
insert-- 15
`211,'. 16
(2) Section 2(3), `Schedule 3 commences'-- 17
omit, insert-- 18
`Section 211 and schedule 3 commence'. 19
s5 11 s8
Police Powers and Responsibilities and Other
Acts Amendment
of s 33 (Prescribed circumstances for requiring name and 1
Amendment
address) 2
Clause 5. Section 33(c), from `take'-- 3
omit, insert-- 4
`take-- 5
(i) the person's identifying particulars under an identifying 6
particulars notice; or 7
(ii) a DNA sample from the person under a DNA sample 8
notice;'. 9
of s 122 (Certain Acts do not apply to this part) 10
Amendment
Clause 6. Section 122, `Libraries and Archives Act 1988'-- 11
omit, insert-- 12
`Public Records Act'. 13
of chs 5-12 14
Renumbering
Clause 7. Chapters 5 to 12-- 15
renumber as chapters 6 to 13. 16
of new ch 5 17
Insertion
Clause 8. After section 162-- 18
insert-- 19
s8 12 s8
Police Powers and Responsibilities and Other
Acts Amendment
HAPTER 5--CONTROLLED OPERATIONS 1
`C
AND CONTROLLED ACTIVITIES 2
ART 1--PRELIMINARY 3
`P
of ch 5 4
`Object
`163. The object of this chapter is to ensure the effective investigation of 5
serious indictable offences and organised crime by-- 6
(a) enabling particular officers of the CJC, QCC and the police 7
service to approve the conduct of controlled operations that may 8
involve particular police officers and others engaging in activities 9
that may be unlawful as part of the investigation of a suspected 10
serious indictable offence or into suspected organised crime; and 11
(b) ensuring anything that may be approved or authorised under this 12
chapter is approved or authorised only in appropriate 13
circumstances; and 14
(c) ensuring, as far as practicable, only appropriately trained persons 15
act as covert operatives under an approval under this chapter; and 16
(d) ensuring a person who may act as a covert operative under an 17
approval under this chapter engages in otherwise unlawful 18
activities only as part of the controlled operation for which the 19
person is a covert operative; and 20
(e) providing appropriate protection from civil and criminal liability 21
for persons acting in accordance with this chapter; and 22
(f) clarifying the status of evidence obtained by persons who engage 23
in controlled operations or controlled activities under this chapter. 24
s8 13 s8
Police Powers and Responsibilities and Other
Acts Amendment
of minor matters not affected 1
`Investigation
`164. The enactment of this chapter is not to affect the investigation of 2
minor matters or investigative activities that, by their nature, can not be 3
planned but involve the participation of police officers in activities that may 4
be unlawful. 5
of particular actions 6
`Lawfulness
`165. To remove doubt, it is declared-- 7
(a) that it is lawful for a person acting in accordance with this 8
chapter-- 9
(i) to recommend that other persons be authorised to engage in 10
an activity that may be unlawful as part of an investigation of 11
a suspected indictable offence or into organised crime; or 12
(ii) to authorise other persons to engage in an activity that may 13
be unlawful as part of an investigation of a suspected 14
indictable offence or into organised crime; and 15
(b) that it is lawful for a person acting as a covert operative under an 16
approval under section 175, 176 or 1771 to engage in activities 17
stated in the approval that may be unlawful as part of the 18
investigation of a suspected serious indictable offence or into 19
organised crime; and 20
(c) that it is lawful for a police officer of at least the rank of inspector, 21
acting in accordance with procedures established by an entity's 22
chief executive officer, to authorise another police officer to 23
engage in a stated controlled activity for the entity; and 24
(d) that it is lawful for a person acting under an authority given under 25
section 190 or 1912 to engage in a controlled activity in 26
accordance with the authority and any relevant policy of the entity. 27
1 Section 175 (CJC controlled operations), 176 (Procedure in urgent circumstances
other than if s 175 applies) or 177 (Consideration and approval of application)
2 Section 190 (Authorised controlled activities) or 191 (Authorisation of controlled
activities by CJC)
s8 14 s8
Police Powers and Responsibilities and Other
Acts Amendment
operations and activities generally 1
`Controlled
`166. From the commencement of this chapter, a controlled operation or 2
controlled activity may be approved only in accordance with this chapter. 3
`PART 2--CONTROLLED OPERATIONS 4
`Division 1--Controlled operations committee 5
of controlled operations committee 6
`Establishment
`167.(1) The commissioner must establish a controlled operations 7
committee. 8
`(2) The committee must include-- 9
(a) an independent member; and 10
(b) the chief executive officer of each entity or the chief executive's 11
nominee. 12
`(3) The committee may also include anyone else the commissioner 13
considers has appropriate knowledge or experience relevant to the 14
performance of the committee's functions. 15
member 16
`Independent
`168.(1) The Minister may appoint a retired Supreme Court or District 17
Court judge to be the independent member of the committee. 18
`(2) Before appointing the independent member, the Minister must 19
consult with the Premier and the Attorney-General about the proposed 20
appointment. 21
independent member 22
`Acting
`169.(1) The Minister may appoint a retired Supreme Court or District 23
Court judge to act as the independent member-- 24
s8 15 s8
Police Powers and Responsibilities and Other
Acts Amendment
(a) during any vacancy in the office; or 1
(b) during any period, or all periods, when the independent member 2
is absent from duty or from the State or, for another reason, can 3
not perform the duties of the office. 4
`(2) Before appointing the acting independent member, the Minister must 5
consult with the Premier and the Attorney-General about the proposed 6
appointment. 7
`Division 2--Committee's functions and business 8
functions 9
`Committee's
`170. The committee has the following functions-- 10
(a) to consider, and make recommendations about, applications 11
referred to the committee by an approving officer for-- 12
(i) approval to conduct a controlled operation; or 13
(ii) variation of an approval for a controlled operation; 14
(b) any other function conferred on it under this or another Act. 15
business 16
`Committee
`171.(1) The committee may conduct its business only if the independent 17
member is present. 18
`(2) The committee may otherwise conduct its business, including its 19
meetings, in the way it considers appropriate. 20
`(3) The independent member is the chairperson of the committee. 21
`(4) The chairperson must record the committee recommendations in the 22
way the chairperson considers appropriate. 23
recommendations 24
`Committee's
`172.(1) After considering an application and any other relevant material 25
referred to it by an approving officer, the committee may recommend-- 26
s8 16 s8
Police Powers and Responsibilities and Other
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(a) that an approving officer approve or refuse to approve a particular 1
controlled operation; or 2
(b) for a particular controlled operation, that it is appropriate to use a 3
birth certificate created to help conceal the identity of a covert 4
operative. 5
`(2) However, the committee may recommend the approval of a 6
controlled operation only if satisfied, having regard to the nature and 7
seriousness of the offence being or to be investigated, it is appropriate for 8
persons to engage in otherwise unlawful activities for the purposes of 9
gathering evidence that may lead to the conviction of a person for the 10
offence. 11
3--Approval of controlled operations 12
`Division
for approval 13
`Application
`173.(1) A police officer or, for an entity other than the police service, an 14
officer authorised by the entity's chief executive officer to apply for an 15
approval under this division, may apply to the relevant entity's approving 16
officer for approval to conduct an operation under this part ("controlled 17
operation"). 18
`(2) The approving officer must be-- 19
(a) for the police service-- 20
(i) the commissioner; or 21
(ii) a person for the time being performing functions in the 22
police service as a deputy commissioner of the police 23
service; or 24
(iii) the person for the time being performing functions in the 25
police service as the assistant commissioner of the police 26
service responsible for crime operations; or 27
(b) for the CJC--the chairperson of the CJC; or 28
(c) for QCC--the crime commissioner or an assistant crime 29
commissioner. 30
s8 17 s8
Police Powers and Responsibilities and Other
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`(3) However, if a person to be investigated under a proposed controlled 1
operation to be conducted by the CJC is or may be a police officer-- 2
(a) the application must be made to the chairperson of the CJC; and 3
(b) the chairperson of the CJC is the approving officer for the 4
proposed operation. 5
`(4) The application must be written and include enough information to 6
enable the relevant approving officer to properly consider whether the 7
proposed operation should be approved. 8
`(5) In particular, the application must state the following for the 9
proposed controlled operation-- 10
(a) an identifying name or number; 11
(b) a description of the serious indictable offence or organised crime 12
in relation to which it is proposed to conduct the operation; 13
(c) if a previous application relating to the same serious indictable 14
offence or organised crime has been made under this division, 15
whether the application was approved or refused; 16
(d) the name of each person who it is intended will act as a covert 17
operative for the operation; 18
(e) a precise description of each otherwise unlawful activity a covert 19
operative who is not a police officer may be required to engage in 20
as part of the operation; 21
(f) a description of the general classes of otherwise unlawful 22
activities a covert operative who is a police officer may be 23
required to engage in as part of the operation. 24
must be referred to committee 25
`Application
`174.(1) The approving officer must refer the application to the 26
committee without deciding the application. 27
`(2) However, if the approving officer considers the application does not 28
have enough merit to justify referring it to the committee, the approving 29
officer may refuse to refer the application to the committee. 30
`(3) This section is subject to sections 175 and 176. 31
s8 18 s8
Police Powers and Responsibilities and Other
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CJC controlled operations 1
`Certain
`175.(1) This section applies to an application made to the chairperson of 2
the CJC under section 173(3) for approval to conduct a controlled operation. 3
`(2) The chairperson may approve the application without referring it to 4
the committee but, before approving the application, the chairperson must 5
consult with the independent member and the crime commissioner and 6
obtain their agreement to the proposed operation. 7
`(3) However, the chairperson may approve an application made to the 8
chairperson in urgent circumstances without complying with subsection (2), 9
but must consult with the independent member and the crime commissioner 10
about the controlled operation as soon as possible after approving the 11
application. 12
in urgent circumstances other than if s 175 applies 13
`Procedure
`176.(1) This section applies to an application for approval to conduct a 14
controlled operation made to an approving officer in urgent circumstances. 15
`(2) However, this section does not apply if section 175 applies. 16
`(3) The approving officer may approve the application without referring 17
it to the committee, but must refer the application to the committee as soon 18
as practicable after approving it. 19
`(4) The committee may consider the application as if the approval had 20
not been given. 21
`(5) The approving officer must consider the committee's 22
recommendations on the application, but is not bound by the 23
recommendations. 24
and approval of application 25
`Consideration
`177.(1) After considering the committee's recommendations on an 26
application for approval to conduct a controlled operation, the approving 27
officer may approve or refuse to approve the application. 28
s8 19 s8
Police Powers and Responsibilities and Other
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`(2) The approving officer must not approve an application under 1
section 173, 175 or 176 if the approving officer considers, because of the 2
way the proposed controlled operation is to be conducted, it is probable that 3
any of the following will happen in the operation-- 4
(a) injury to, or the death of, a person; 5
(b) serious damage to property; 6
(c) a serious loss of property; 7
(d) someone could be encouraged or induced by a covert operative to 8
engage in criminal activity of a kind the person could not 9
reasonably be expected to have engaged in if not encouraged or 10
induced by the covert operative to engage in it. 11
`(3) Also, the approving officer must not approve the application unless 12
satisfied-- 13
(a) the purpose of the proposed controlled operation is to gather 14
evidence of a serious indictable offence or organised crime; and 15
(b) a controlled operation represents an effective use of public 16
resources for investigating the relevant serious indictable offence 17
or organised crime; and 18
(c) any proposed covert operative for the operation has received 19
appropriate training for the purpose; and 20
(d) if a proposed covert operative for the operation is not a police 21
officer, it is wholly impractical in the circumstances for a police 22
officer to perform the role the proposed covert operative is to 23
perform in the operation; and 24
(e) the committee has recommended the controlled operation be 25
approved. 26
`(4) Subsection (1) and (3)(e) do not apply to the approval of a controlled 27
operation mentioned in section 175 or 176.3 28
3 Section 175 (Certain CJC controlled operations) or 176 (Procedure in urgent
circumstances other than if s 175 applies)
s8 20 s8
Police Powers and Responsibilities and Other
Acts Amendment
approval must state 1
`What
`178.(1) An approval for a controlled operation must be written and state 2
the following-- 3
(a) a description of the serious indictable offence or organised crime 4
to which the controlled operation relates; 5
(b) the period, of not more than 6 months, for which the approval has 6
effect; 7
(c) the name of each covert operative who may engage in otherwise 8
unlawful activities for the purposes of the operation; 9
(d) a precise description of each otherwise unlawful activity a person 10
who is not a police officer may engage in while acting as a covert 11
operative for the operation; 12
(e) a description of the general classes of otherwise unlawful 13
activities a police officer may be required to engage in while 14
acting as a covert operative for the operation; 15
(f) any conditions the approving officer considers appropriate. 16
`(2) For subsection (1)(c), it is enough to state an assumed name or code 17
name in the approval if the actual identity of the covert operative is included 18
in a register kept for the purpose by the relevant chief executive officer. 19
of approval 20
`Effect
`179. It is lawful for a person named in an approval of a controlled 21
operation-- 22
(a) to act as a covert operative for the controlled operation to which 23
the approval relates; and 24
(b) to engage in the otherwise unlawful activity described in the 25
approval for the purposes of the controlled operation. 26
s8 21 s8
Police Powers and Responsibilities and Other
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`Division 4--Variation of approval for controlled operation 1
to vary approval 2
`Application
`180.(1) A police officer, or an officer authorised by an entity's chief 3
executive officer to apply for an approval under this division, may apply to 4
the relevant entity's approving officer for a variation of an approval for a 5
controlled operation. 6
`(2) However, if, the chairperson of the CJC was the approving officer 7
for the controlled operation because the operation relates to a person who is 8
or may be a police officer, the application must be made to the chairperson 9
of the CJC. 10
`(3) The application must be written and include enough information to 11
enable the approving officer to properly consider whether the approval 12
should be varied and if so how it should be varied. 13
`(4) In particular, the application must state the following for the 14
controlled operation-- 15
(a) the identifying name or number for the operation; 16
(b) a description of the serious indictable offence or organised crime 17
in relation to which the operation was approved; 18
(c) if a previous application for variation of the approval for the 19
operation has been made under this division, whether the approval 20
was varied because of the application; 21
(d) if it is intended to change particulars relating to persons who are 22
or are intended to be covert operatives, the name of each person to 23
whom the change relates and particulars of the change sought; 24
(e) if it is intended to change the description of the serious indictable 25
offence or organised crime in relation to which the operation was 26
approved, a description of the serious indictable offence or 27
organised crime for which the approval is sought. 28
s8 22 s8
Police Powers and Responsibilities and Other
Acts Amendment
must be referred to committee 1
`Application
`181.(1) The approving officer must refer the application to the 2
committee without deciding the application. 3
`(2) However, if the approving officer considers the application does not 4
have enough merit to justify referring it to the committee, the approving 5
officer may refuse to refer the application to the committee. 6
`(3) This section is subject to sections 182 and 183. 7
CJC controlled operations 8
`Certain
`182.(1) This section applies if an application for the variation of an 9
approval for a controlled operation is made to the chairperson of the CJC 10
under section 180(2). 11
`(2) The chairperson may approve the application without referring it to 12
the committee but, before approving the application, the chairperson must 13
consult with the independent member and the crime commissioner and 14
obtain their agreement to the proposed variation. 15
`(3) However, the chairperson may approve an application made to the 16
chairperson in urgent circumstances without complying with subsection (2), 17
but must consult with the independent member and the crime commissioner 18
about the variation as soon as possible after approving it. 19
in urgent circumstances other than if s 182 applies 20
`Procedure
`183.(1) This section applies to an application for the variation of an 21
approval for a controlled operation that is made to an approving officer in 22
urgent circumstances. 23
`(2) However, this section does not apply if section 182 applies. 24
`(3) The approving officer may approve the application without referring 25
it to the committee, but must refer the application to the committee as soon 26
as practicable after approving it. 27
`(4) The committee may consider the application as if the approval had 28
not been given. 29
s8 23 s8
Police Powers and Responsibilities and Other
Acts Amendment
`(5) The approving officer must consider the committee's 1
recommendations on the application but is not bound by the 2
recommendations. 3
approval may be given 4
`When
`184. The approving officer must not approve the application unless 5
reasonably satisfied the variation is necessary for the continued effective 6
investigation of a serious indictable offence or into organised crime. 7
approval may be varied 8
`How
`185.(1) The approving officer may vary the approval but only by-- 9
(a) extending the period of the approval from time to time by not 10
more than 6 months at a time; or 11
(b) changing particulars about who may act as a covert operative 12
under the approval; or 13
(c) changing particulars of the serious indictable offence or organised 14
crime to which the approval relates. 15
`(2) The approval mentioned in section 179,4 as varied under 16
subsection (1), has the effect mentioned in section 179. 17
`Division 5--Special provisions about creating identity documents 18
for issue of document to conceal identity--general 19
`Request
`186.(1) This section applies if, for a particular controlled operation, the 20
committee recommends the use of a birth certificate created to help conceal 21
the identity of a covert operative. 22
4 Section 179 (Effect of approval)
s8 24 s8
Police Powers and Responsibilities and Other
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`(2) The chief executive officer of the entity proposing to conduct the 1
controlled operation may, in writing, authorise a named officer of the entity 2
to create a birth certificate for the purpose of concealing the identity of the 3
covert operative. 4
for issue of document to conceal identity--CJC 5
`Request
`187.(1) This section applies if, for a controlled operation for which the 6
chairperson of the CJC is the approving officer, the independent member 7
and the crime commissioner recommend the use of a birth certificate created 8
to help conceal the identity of a covert operative. 9
`(2) The chairperson of the CJC may authorise a named officer of the 10
CJC to create a birth certificate for the purpose of concealing the identity of 11
the covert operative. 12
effect to authority under s 186 or 187 13
`Giving
`188. On the production to the registrar-general, for inspection, of a 14
written instrument signed by an entity's chief executive officer and stating 15
that a named officer is authorised under section 186 or 1875 to create a birth 16
certificate for the purpose of concealing the identity of a covert operative-- 17
(a) the officer may create a birth certificate for that purpose; and 18
(b) the registrar-general must give the officer any help the officer 19
reasonably requires for the purpose. 20
provisions about concealing identities of covert operatives 21
`Special
`189.(1) This section applies despite any other Act or law. 22
`(2) It is lawful for a person responsible for issuing a relevant document 23
to issue, at the request of the approving officer of an entity, a relevant 24
document that helps a covert operative conceal his or her identity and 25
personal particulars, including for example, the person's date and place of 26
birth. 27
5 Section 186 (Request for issue of document to conceal identity--general) or 187
(Request for issue of document to conceal identity--CJC)
s8 25 s8
Police Powers and Responsibilities and Other
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`(3) The chief executive officer of an entity, the officer authorised to 1
create a relevant document, the person responsible for issuing the relevant 2
document, and anyone helping to issue the document-- 3
(a) does not commit an offence by authorising, issuing or helping to 4
issue the document; and 5
(b) no civil proceeding may be started or continued against the person 6
only because of the issue of the document. 7
`(4) Also, any contract or agreement made with a covert operative under 8
an identity created under this division is not invalid only because of the use 9
by the covert operative of that identity. 10
`(5) As soon as practicable after the chief executive officer of the entity 11
decides a relevant document issued under this division is no longer needed 12
for a controlled operation, the chief executive officer must return the 13
document to the issuing authority. 14
`(6) A covert operative must not use a relevant document issued under 15
this division other than for the purposes of a controlled operation. 16
Maximum penalty--75 penalty units. 17
`(7) In this section-- 18
"relevant document" means a document that-- 19
(a) may be lawfully issued under an Act; and 20
(b) may be used to identify a person or authorise the person to do a 21
lawful act. 22
`PART 3--CONTROLLED ACTIVITIES 23
controlled activities 24
`Authorised
`190.(1) This section applies if a police officer considers it is reasonably 25
necessary for a police officer to engage in conduct that is directed to 26
obtaining evidence of the commission of an offence against a particular 27
person and involves the following (a "controlled activity")-- 28
s8 26 s8
Police Powers and Responsibilities and Other
Acts Amendment
(a) a single meeting between the police officer and the person, 1
whether or not the meeting was the result of a written or oral 2
communication with the person; 3
(b) deliberately concealing the true purpose of the communication 4
between the police officer and the person; 5
(c) the commission by the police officer of otherwise unlawful 6
activity. 7
`(2) A police officer of at least the rank of inspector may, in accordance 8
with any relevant policy of the entity for whom the controlled activity is to 9
be conducted, authorise another police officer to engage in a stated 10
controlled activity.6 11
`(3) The authority must be written and state the controlled activities the 12
police officer is authorised to engage in. 13
`(4) A police officer authorised to engage in the controlled activity must 14
comply with any relevant policy of the entity for whom the controlled 15
activity is to be conducted. 16
of controlled activities by CJC 17
`Authorisation
`191.(1) This section applies if the chairperson of the CJC considers it is 18
reasonably necessary for a person to engage in a conduct that-- 19
(a) is directed to obtaining evidence of the commission of an offence 20
by a police officer ("relevant officer"); and 21
(b) involves the following (a "controlled activity")-- 22
(i) a single meeting between a police officer or agent and the 23
relevant officer, whether or not the meeting was the result of 24
a written or oral communication with the person; 25
(ii) deliberately concealing the true purpose of the 26
communication between the police officer or agent and the 27
relevant officer; 28
6 Under the Freedom of Information Act 1991, section 19 (Availability of certain
documents) the policy documents must be made available for inspection and
purchase by members of the community.
s8 27 s8
Police Powers and Responsibilities and Other
Acts Amendment
(iii) the commission by the police officer or agent of otherwise 1
unlawful activity. 2
`(2) The chairperson or director may, in accordance with any relevant 3
policy of the CJC, authorise a person to engage in a stated controlled 4
activity. 5
`(3) The authority must be written and state the controlled activities the 6
police officer is authorised to engage in. 7
`(4) The person authorised to engage in the controlled activity must 8
comply with any relevant policy of the CJC. 9
`PART 4--MISCELLANEOUS 10
of information 11
`Disclosure
`192.(1) This section applies to a person to whom the existence of any of 12
the following ("relevant information") becomes known-- 13
(a) an application for-- 14
(i) approval of a controlled operation; or 15
(ii) a variation of an approval given for a controlled operation; 16
(b) a decision of the committee to recommend the approval of, or the 17
variation of an approval for, a controlled operation, and the 18
committee's recommendation; 19
(c) an approval of-- 20
(i) a controlled operation; or 21
(ii) a variation of an approval given for a controlled operation; 22
(d) information about a controlled operation; 23
(e) documents issued under part 2, division 5; 24
(f) the actual identity of a covert operative. 25
`(2) The person must not disclose relevant information, other than-- 26
s8 28 s8
Police Powers and Responsibilities and Other
Acts Amendment
(a) for the purposes of this chapter; or 1
(b) with the approval of the relevant entity; or 2
(c) to the extent-- 3
(i) the information has generally been made known; or 4
(ii) it is in the public interest to disclose the information. 5
Maximum penalty--85 penalty units or 1 year's imprisonment. 6
from liability 7
`Protection
`193.(1) This section applies to each of the following persons (a 8
"relevant person")-- 9
(a) a member of the committee; 10
(b) an approving officer; 11
(c) a person who is or was a covert operative; 12
(d) a person who authorised a controlled activity; 13
(e) a person who is or was authorised under this chapter to engage in 14
a controlled activity. 15
`(2) A relevant person does not incur civil liability for an act done, or 16
omission made, under this chapter. 17
`(3) If subsection (2) prevents a civil liability attaching to the person, the 18
liability attaches instead to the State. 19
`(4) Also, a relevant person does not incur criminal liability for an act 20
done, or omission made-- 21
(a) for a controlled operation, in accordance with an approval given 22
for the controlled operation; or 23
(b) for a controlled activity, in accordance with-- 24
(i) an authority given for the controlled activity; and 25
(ii) an entity's policy about controlled activities. 26
s8 29 s8
Police Powers and Responsibilities and Other
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`(5) In addition, a relevant person who is a police officer does not incur 1
criminal liability for an act done, or omission made, that, because of a 2
controlled operation or controlled activity, was reasonably necessary for-- 3
(a) protecting the safety of any person; or 4
(b) protecting the identity of a covert operative; or 5
(c) taking advantage of an opportunity to gather evidence in relation 6
to a serious indictable offence or organised crime not mentioned 7
in the approval. 8
`(6) However, subsection (5) does not relieve a police officer from 9
criminal liability for an act done or omission made if the act or omission 10
results in-- 11
(a) injury to, or the death of, a person; or 12
(b) serious damage to property; or 13
(c) a serious loss of property; or 14
(d) someone being encouraged or induced by a covert operative to 15
engage in criminal activity of a kind the person could not 16
reasonably be expected to have engaged in if not encouraged or 17
induced by the covert operative to engage in it. 18
`(7) This section does not limit the Police Service Administration Act 19
1990, section 10.5.7 20
of evidence obtained through controlled operation and 21
`Admissibility
activities 22
`194. It is declared that evidence gathered because of a controlled 23
operation or controlled activity is not inadmissible only because it was 24
obtained by a person while engaging in an unlawful act if the unlawful act 25
was authorised under this chapter. 26
7 Police Service Administration Act 1990, section 10.5 (Liability for tort generally)
s8 30 s8
Police Powers and Responsibilities and Other
Acts Amendment
protection 1
`Cross-jurisdictional
`195.(1) This section applies to a police officer who is a member of the 2
police force or service of the Commonwealth or another State and enters 3
Queensland under an approval under a law declared by regulation to be a 4
corresponding law of the Commonwealth or the other State. 5
`(2) Sections 193(2), (4) and (5) and 194 apply to any act or omission of 6
the police officer done or made in good faith as part of the controlled 7
operation while the police officer is in Queensland. 8
`(3) However, subsection (2) does not apply to the act or omission if it is 9
probable that any of the following will happen because of the act or 10
omission-- 11
(a) injury to, or the death of, a person; 12
(b) serious damage to property; 13
(c) a serious loss of property; 14
(d) someone could be encouraged or induced by a covert operative to 15
engage in criminal activity of a kind the person could not 16
reasonably be expected to have engaged in if not encouraged or 17
induced by the covert operative to engage in it. 18
provision 19
`Evidentiary
`196.(1) In a proceeding, a certificate of the chief executive officer of an 20
entity stating any of the following is evidence of the things it states-- 21
(a) at a stated time a stated person was an approving officer for a 22
stated law enforcement agency; 23
(b) at a stated time a stated person was a covert operative; 24
(c) on a stated day a stated person approved the conduct of a stated 25
controlled operation or controlled activity; 26
(d) on a stated day a stated person varied an approval for a stated 27
controlled operation in a stated way. 28
`(2) For subsection (1)(b), it is enough to state an assumed name or code 29
name in the certificate if the actual identity of the covert operative is included 30
in a register kept for the purpose by the relevant chief executive officer. 31
s9 31 s 10
Police Powers and Responsibilities and Other
Acts Amendment
not to be delegated 1
`Powers
`197.(1) Powers of an approving officer under this chapter may not be 2
delegated. 3
`(2) Also, powers of the chairperson of the CJC under section 191 8 may 4
not be delegated. 5
`(3) Subsections (1) and (2) apply despite any other Act.'. 6
of ss 163-174 7
Renumbering
Clause 9. Sections 163 to 174-- 8
renumber as sections 198 to 209. 9
of new ss 210-211 10
Insertion
Clause 10. After section 209, as renumbered-- 11
insert-- 12
case when arrest for being drunk in a public place may be 13
`Additional
discontinued 14
`210.(1) This section applies if-- 15
(a) a person is arrested for being drunk in a public place;9 and 16
(b) a police officer is satisfied it is more appropriate for the person to 17
be taken to a place, other than a watch-house, the police officer 18
considers is a place at which the person can receive the treatment 19
or care necessary to enable the person to recover safely from the 20
effects of being drunk (a "place of safety"). 21
22
Examples of a place of safety--
23
1. A hospital may be a place of safety for a person who needs medical attention.
24
2. A place other than a hospital that provides care for persons who are drunk may
25
be a place of safety.
8 Section 191 (Authorisation of controlled activities by CJC)
9 See the Liquor Act 1992, section 164(2).
s 10 32 s 10
Police Powers and Responsibilities and Other
Acts Amendment
1
3. A vehicle used to transport persons to a place of safety and under the control of
2
someone other than a police officer may be a place of safety.
3
4. The person's home, or the home of a relative or friend, may be a place of safety
4
if there is no likelihood of domestic violence or associated domestic violence
5
happening at the place because of the person's condition or the person is not subject
6
to a domestic violence order preventing the person from entering or remaining at the
7
place.
`(2) It is the duty of the police officer, at the earliest reasonable 8
opportunity-- 9
(a) to take the person to the place of safety; and 10
(b) to release the person at the place of safety. 11
12
Example--
13
The place of safety may be a vehicle under the control of someone other than a
14
police officer that is used to transport persons to another place of safety.
`(3) Subsection (2) does not apply if the police officer is satisfied-- 15
(a) a person at the place of safety is unable to provide care for the 16
person; or 17
(b) the person's behaviour may pose a risk of harm, including, but 18
not limited to, an act of domestic violence or associated domestic 19
violence, to other persons at the place of safety. 20
`(4) Before the police officer releases the person, the police officer must 21
ensure the person apparently in possession or in charge of the relevant place 22
of safety gives a police officer a signed undertaking in the approved form to 23
provide care for the relevant person. 24
`(5) A person taken to a place of safety can not be compelled to stay 25
there. 26
`(6) If the place of safety is not the person's home, the person apparently 27
in possession or in charge of the place of safety may lawfully provide care 28
for the person until the person voluntarily leaves the place. 29
s 10 33 s 10
Police Powers and Responsibilities and Other
Acts Amendment
case when arrest for minor drugs offence may be 1
`Additional
discontinued 2
`211.(1) This section applies if-- 3
(a) a person is arrested for, or is being questioned by a police officer 4
about, a minor drugs offence; and 5
(b) the person has not committed another indictable offence in 6
circumstances that are related to the minor drugs offence; and 7
8
Examples of commission of an offence related to a minor drug offence--
9
1. Burglary of a home to obtain money to buy the drugs.
10
2. The drugs are obtained as a result of the robbery of another person.
(c) the person-- 11
(i) has not previously been convicted of an offence involving 12
violence against a person; or 13
(ii) has been convicted of an offence involving violence against a 14
person for which the rehabilitation period under the Criminal 15
Law (Rehabilitation of Offenders) Act 1986 has expired; and 16
(d) during an electronically recorded interview, the person admits 17
having committed the offence; and 18
(e) the person has not been offered the opportunity to attend a drug 19
diversion assessment program. 20
`(2) If the person is-- 21
(a) an adult; or 22
(b) a child who has previously been cautioned under the Juvenile 23
Justice Act 1992 for a minor drugs offence; 24
a police officer must offer the person the opportunity to attend a drug 25
diversion assessment program. 26
`(3) However, if the person is a child who has not been cautioned 27
previously under the Juvenile Justice Act 1992 for a minor drugs offence, a 28
police officer may offer the child the opportunity to attend a drug diversion 29
assessment program. 30
`(4) If the person agrees-- 31
s 11 34 s 12
Police Powers and Responsibilities and Other
Acts Amendment
(a) the person must sign an agreement to attend a drug diversion 1
assessment program; and 2
(b) the police officer must-- 3
(i) give the person a written requirement to comply with the 4
agreement; and 5
(ii) inform the person that failure to attend the program is an 6
offence against section 445;10 and 7
(iii) give the chief executive (health), or a person or organisation 8
nominated by that chief executive for this section, a copy of 9
the agreement. 10
`(5) On the signing of the agreement, the drug, and anything that may be, 11
or has been, used for smoking the drug, is forfeited to the State. 12
`(6) It is the duty of a police officer to release the person at the earliest 13
reasonable opportunity if the police officer is satisfied subsection (4) has 14
been complied with.'. 15
of ss 175-187 16
Renumbering
Clause 11. Sections 175 to 187-- 17
renumber as sections 212 to 224. 18
of s 188 (Duty of police officer receiving custody of 19
Amendment
person arrested for offence) 20
Clause 12.(1) Section 188(2)(b)-- 21
renumber as section 188(2)(c). 22
(2) Section 188(2)-- 23
insert-- 24
`(b) for a person arrested for-- 25
10 Section 445 (Offence to contravene direction or requirement of police officer)
s 13 35 s 14
Police Powers and Responsibilities and Other
Acts Amendment
(i) being drunk in a public place, decide whether to discontinue 1
the arrest under section 210; or 2
(ii) a minor drugs offence, decide whether to discontinue the 3
arrest under section 211;11 or'. 4
(3) Section 188-- 5
insert-- 6
`(3) If a person is released under section 210 or 211 before appearing in a 7
court in relation to the offence, any proceeding against the person for the 8
offence is discontinued even though the person may have been charged with 9
having committed the offence.'. 10
(4) Section 188-- 11
renumber as section 225. 12
of ss 189-231 13
Renumbering
Clause 13. Sections 189 to 231-- 14
renumber as sections 226 to 268. 15
of s 232 (Search of persons in custody) 16
Amendment
Clause 14.(1) Section 232-- 17
insert-- 18
`(5) A police officer may give a thing taken from a person who is taken 19
to a place of safety under section 21012-- 20
(a) if the place of safety is the person's home--to a person at the 21
home who is an adult member of the person's family; or 22
11 Section 210 (Additional case where arrest for being drunk in a public place may
be discontinued), section 211 (Additional case where arrest for minor drugs
offence may be discontinued)
12 Section 210 (Additional case where arrest for being drunk in a public place may
be discontinued)
s 15 36 s 17
Police Powers and Responsibilities and Other
Acts Amendment
(b) if the place of safety is the home of a friend or relative--to the 1
friend or relative, for safe keeping while the person is at the place; 2
or 3
(c) otherwise--to the person apparently in possession or in charge of 4
the place of safety, for safe keeping while the person is at the 5
place. 6
`(6) The person to whom the thing is given must give the police officer a 7
signed receipt in the approved form for the thing and, if the place of safety is 8
not the person's home, must return the thing to the person from whom it 9
was taken before the person voluntarily leaves the place of safety.'. 10
(2) Section 232-- 11
renumber as section 269. 12
of ss 233-234 13
Renumbering
Clause 15. Sections 233 and 234-- 14
renumber as sections 270 and 271. 15
of s 235 (Identifying particulars notice may be given) 16
Amendment
Clause 16.(1) Section 235(3)(c)-- 17
omit, insert-- 18
`(c) must be signed by the police officer serving the notice.'. 19
(2) Section 235-- 20
renumber as section 272. 21
of ss 236-258 22
Renumbering
Clause 17. Sections 236 to 258-- 23
renumber as sections 273 to 295. 24
s 18 37 s 18
Police Powers and Responsibilities and Other
Acts Amendment
of new ch 8 (as renumbered), pts 4-5 1
Insertion
Clause 18. In chapter 8, as renumbered, after section 295, as renumbered-- 2
insert-- 3
`PART 4--DNA PROCEDURES 4
1--Application and purpose of pt 4 5
`Division
purpose of pt 4 6
`Primary
`296. The primary purposes of this part are-- 7
(a) to authorise particular police officers, doctors and nurses to take a 8
hair sample or a mouth swab ("DNA sample") from another 9
person for use for DNA analysis; and 10
(b) to establish procedures for taking DNA samples; and 11
(c) to authorise-- 12
(i) the establishment of a DNA database; and 13
(ii) the recording in the database of information obtained by 14
performing a DNA analysis of a DNA sample taken under 15
this part; and 16
(iii) the use of information in the database for investigations by 17
declared law enforcement agencies. 18
2--Preliminary provisions about taking DNA samples for 19
`Division
DNA analysis 20
may take DNA samples 21
`Who
`297.(1) It is lawful for each of the following persons ("DNA sampler") 22
to take a DNA sample from a person for DNA analysis under this part-- 23
(a) a police officer authorised under subsection (3) to take DNA 24
samples; 25
s 18 38 s 18
Police Powers and Responsibilities and Other
Acts Amendment
(b) a doctor; 1
(c) a nurse. 2
`(2) However, a doctor or nurse may take a DNA sample from a person 3
only if asked by a police officer to take the sample. 4
`(3) The commissioner may authorise a police officer to take DNA 5
samples. 6
`(4) However, the commissioner may authorise a police officer only if 7
the commissioner is satisfied the police officer-- 8
(a) has the necessary experience or expertise to be able to take the 9
samples; or 10
(b) has satisfactorily completed a course of training approved by the 11
commissioner for the purpose. 12
DNA samples may be taken 13
`Where
`298. A DNA sampler may take a DNA sample from a person at a 14
location in any of the following places that provides reasonable privacy for 15
the person-- 16
(a) a police establishment; 17
(b) a hospital; 18
(c) a prison or a detention centre; 19
(d) another place the sampler considers is appropriate in the 20
circumstances. 21
DNA samples may be taken 22
`How
`299.(1) A DNA sampler may take a DNA sample from a person 23
only-- 24
(a) by requiring the person to use a mouth swab; or 25
(b) by collecting from the person hair, including roots of the hair. 26
`(2) However, a DNA sampler must not collect hair from-- 27
(a) the genital or anal area of a person; or 28
s 18 39 s 18
Police Powers and Responsibilities and Other
Acts Amendment
(b) a person's buttocks; or 1
(c) the breasts of a female. 2
3--Taking DNA samples with consent 3
`Division
consent needed for taking DNA sample 4
`Informed
`300.(1) A police officer may ask a person to consent to the taking of a 5
DNA sample from the person for DNA analysis. 6
`(2) The police office must ensure the person is given a reasonable 7
opportunity to give an informed consent to the taking of the DNA sample. 8
`(3) Before a DNA sampler takes the sample, a police officer must-- 9
(a) be reasonably satisfied the person is not under the influence of 10
liquor or a drug; and 11
(b) ensure the person has given an informed consent to the taking of 12
the sample. 13
requirements for obtaining consent from persons with 14
`Special
impaired capacity 15
`301.(1) This section applies if-- 16
(a) a police officer intends to ask a person, other than a child, to 17
consent to the taking of a DNA sample from the person; and 18
(b) the police officer reasonably suspects the person is a person with 19
impaired capacity. 20
`(2) Before the police officer asks for the consent, the police officer must 21
ensure-- 22
(a) if reasonably practicable, the person is given a reasonable 23
opportunity to speak to a support person in circumstances in 24
which the conversation can not be overheard; and 25
(b) a support person is present when the police officer gives the 26
explanation required under section 303. 27
s 18 40 s 18
Police Powers and Responsibilities and Other
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requirement for obtaining consent from children 1
`Special
`302.(1) This section applies if a police officer intends to ask a person the 2
police officer reasonably suspects is a child to consent to the taking of a 3
DNA sample from the person. 4
`(2) The police officer must not ask the child to give the consent unless-- 5
(a) the child is or appears to the police officer to be at least 14; and 6
(b) a support person is present when the police officer gives the 7
explanation required under section 303. 8
to be given before asking for consent 9
`Explanation
`303.(1) To enable a person to give an informed consent, a police officer 10
must explain the following-- 11
(a) why it is proposed to take a DNA sample from the person; 12
(b) how the DNA sample may be taken and where it may be taken 13
from; 14
(c) that the person may refuse to consent to the taking of the DNA 15
sample; 16
(d) that, if the person consents, a DNA sampler will take the DNA 17
sample; 18
(e) that the person may withdraw consent at any time before the 19
DNA sample is taken or while the sample is being taken; 20
(f) that a DNA analysis may be performed using any DNA sample 21
taken; 22
(g) that, unless the person otherwise requires, the results of a DNA 23
analysis of the DNA sample may-- 24
(i) be recorded in the DNA database; and 25
(ii) be used in the way permitted under division 6; 26
(h) that, if the person refuses to consent, the person may be required 27
under division 4 to provide a DNA sample; 28
s 18 41 s 18
Police Powers and Responsibilities and Other
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(i) that the DNA analysis may provide evidence that may be used in 1
a proceeding before a court. 2
`(2) The police officer may give the explanation by giving the person a 3
statement, in the approved form, containing the information required under 4
subsection (1). 5
and consent to be recorded 6
`Explanation
`304.(1) If the explanation under section 303 is given orally, the giving of 7
the explanation and the consent to the taking of a DNA sample must, if 8
reasonably practicable, be electronically recorded. 9
`(2) If the consent is not electronically recorded, it must be written and 10
signed by the person giving the consent. 11
`(3) If written consent is given by a child or a person with impaired 12
capacity, it must also be signed by the support person present when the 13
consent is given. 14
4--Taking DNA samples without consent 15
`Division
of div 4 16
`Purpose
`305. This division states the circumstances in which a person may be 17
required to provide a DNA sample for DNA analysis. 18
requirement if person with impaired capacity 19
`Special
`306.(1) This section applies if a police officer reasonably suspects a 20
person from whom a DNA sample is to be taken under this division is a 21
person with impaired capacity. 22
`(2) Before a DNA sampler takes the DNA sample, the police officer 23
must, if reasonably practicable, ensure-- 24
s 18 42 s 18
Police Powers and Responsibilities and Other
Acts Amendment
(a) the person is given a reasonable opportunity to speak to a support 1
person in circumstances in which the conversation can not be 2
overheard; and 3
(b) a support person is present when the sample is taken. 4
DNA sample if proceedings started against adult by arrest, 5
`Taking
notice to appear or complaint and summons 6
`307.(1) This section applies if a police officer starts or continues a 7
proceeding for an indictable offence against an adult by arrest, notice to 8
appear or complaint and summons. 9
`(2) A police officer may detain the person for a reasonable time, of not 10
more than 1 hour, to obtain the approval of a commissioned officer under 11
subsection (3) to take a DNA sample from the person. 12
`(3) A police officer may, with the approval of a commissioned officer, 13
detain the person for the time reasonably necessary to take a DNA sample 14
from the person and, if necessary, take the person to a place mentioned in 15
section 298(a), (b) or (d)13 for the purpose. 16
`(4) The commissioned officer must be-- 17
(a) if the police officer investigating the offence or matter holds rank 18
below the rank of inspector--a police officer of at least the rank of 19
inspector; or 20
(b) if the police officer investigating the offence or matter holds the 21
rank of inspector or above--a more senior commissioned officer. 22
`(5) Before approving the detention of the person, the commissioned 23
officer must have regard to the rights and liberties of the person and the 24
public interest. 25
13 Section 298 (Where DNA samples may be taken)
s 18 43 s 18
Police Powers and Responsibilities and Other
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sample notice may be given 1
`DNA
`308.(1) This section applies if a police officer starts or continues a 2
proceeding for an indictable offence against an adult by arrest, notice to 3
appear or complaint and summons and decides it is not necessary to 4
immediately take a DNA sample from the person. 5
`(2) With the approval of a commissioned officer, a police officer may, 6
by written notice ("DNA sample notice"), require the person to report to a 7
police officer at a stated police establishment between stated hours within 8
7 days after the issue of the notice to enable a DNA sampler to take a DNA 9
sample from the person for DNA analysis. 10
`(3) The commissioned officer must be-- 11
(a) if the police officer investigating the offence or matter holds rank 12
below the rank of inspector--a police officer of at least the rank of 13
inspector; or 14
(b) if the police officer investigating the offence or matter holds the 15
rank of inspector or above--a more senior commissioned officer. 16
`(4) The commissioned officer must not approve the issue of the DNA 17
sample notice unless satisfied, having regard to the rights and liberties of the 18
person and the public interest, taking the sample is reasonably necessary in 19
the particular circumstances. 20
`(5) A DNA sample notice-- 21
(a) must state-- 22
(i) it is an offence to fail to comply with the notice; and 23
(ii) that, before the DNA sample is taken, the person must 24
produce to a police officer satisfactory evidence of his or her 25
identity; and 26
(b) must be given to the person with the notice to appear or complaint 27
and summons; and 28
(c) must be signed by the police officer serving the notice. 29
`(6) The police officer giving the notice must warn the person it is an 30
offence to contravene a requirement under subsection (2). 31
s 18 44 s 18
Police Powers and Responsibilities and Other
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`(7) A DNA sampler may take a DNA sample from a person who 1
attends at a police establishment as required under a DNA sample notice. 2
DNA sample from adult before court 3
`Taking
`309.(1) This section applies if, in a proceeding against an adult charged 4
with an indictable offence, a court is satisfied it is reasonably necessary, 5
having regard to the rights and liberties of the person and the public interest, 6
to take DNA a sample for DNA analysis from the person. 7
`(2) The court may order-- 8
(a) that the person charged be held in police custody for up to 1 hour 9
to enable a DNA sampler to take the sample from the person; or 10
(b) that the person report to a police officer at a stated police 11
establishment between stated hours within 7 days to enable a 12
DNA sampler to take the DNA sample from the person. 13
`(3) A DNA sampler may take a DNA sample for DNA analysis from a 14
person who is held in custody under subsection (2)(a) or reports to a police 15
establishment as required under an order under subsection (2)(b). 16
DNA sample after conviction of adult 17
`Taking
`310.(1) This section applies if a court finds an adult guilty of an 18
indictable offence. 19
`(2) The court may order-- 20
(a) that the person be held in police custody for up to 1 hour to enable 21
a DNA sampler to take a DNA sample from the person; or 22
(b) that the person report to a police officer at a stated police 23
establishment between stated hours within 7 days to enable a 24
DNA sampler to take a DNA sample from the person. 25
`(3) A DNA sampler may take a DNA sample from a person who is 26
held in custody under subsection (2)(a) or reports to a police establishment 27
as required under an order under subsection (2)(b). 28
s 18 45 s 18
Police Powers and Responsibilities and Other
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DNA sample from prisoner 1
`Taking
`311.(1) This section applies to a prisoner who is serving a term of 2
imprisonment for an indictable offence. 3
`(2) A DNA sampler may, in accordance with an arrangement between 4
the commissioner and the general manager of the prison-- 5
(a) enter the prison where the person is held; and 6
(b) detain the prisoner and take the prisoner to an appropriate place in 7
the prison for the purpose of taking a DNA sample for DNA 8
analysis from the prisoner; and 9
(c) take the DNA sample from the prisoner. 10
`(3) A correctional officer under the Corrective Services Act 1988 may be 11
present when the DNA sample is taken. 12
`(4) This section expires 3 years after it commences. 13
DNA sample from child 14
`Taking
`312.(1) This section applies if a police officer-- 15
(a) starts or continues a proceeding for an indictable offence against a 16
child by arrest, attendance notice under the Juvenile Justice Act 17
1992, or complaint and summons; and 18
(b) considers it is reasonably necessary to take a sample from the 19
child for DNA analysis. 20
`(2) The police officer must apply to the Childrens Court for an order 21
authorising the taking of a sample from the child for DNA analysis. 22
`(3) The police officer must give notice of the application to-- 23
(a) the child; 24
(b) a parent of the child, unless a parent can not be found after 25
reasonable inquiry; 26
(c) the chief executive (family services) or a person, nominated by 27
that chief executive for the purpose, who holds an office within 28
the department for which that chief executive has responsibility. 29
s 18 46 s 18
Police Powers and Responsibilities and Other
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`(4) The court may order the taking of a sample if satisfied-- 1
(a) an indictable offence has been committed; and 2
(b) the child is reasonably suspected of having committed the 3
offence; and 4
(c) a DNA analysis may tend to prove or disprove the child's 5
involvement in the offence. 6
`(5) If the child is not in custody when the sample is to be taken, the 7
order must require the child to report to a police officer at a stated police 8
establishment between stated hours within 7 days to enable the sample to be 9
taken. 10
`(6) A DNA sampler may take a DNA sample from the child who 11
attends at a police establishment as required under an order under 12
subsection (4). 13
`Division 5--General requirements about taking DNA samples 14
the dignity of persons while taking DNA samples 15
`Protecting
`313.(1) If it is reasonably necessary for taking a DNA sample from a 16
person, a police officer may ask the person to remove stated items of the 17
person's clothing. 18
`(2) If it is reasonably necessary for clothing other than outer garments to 19
be removed, the police officer-- 20
(a) must not require the person to remove more clothing than is 21
necessary for the DNA sample to be taken; and 22
(b) if reasonably practicable, must not take the DNA sample-- 23
(i) in the presence of someone whose presence is not required 24
while the sample is being taken; or 25
(ii) where someone not involved in taking the sample can see the 26
sample being taken. 27
s 18 47 s 18
Police Powers and Responsibilities and Other
Acts Amendment
with DNA sampling 1
`Help
`314.(1) This section applies to a doctor or nurse who is asked to take a 2
DNA sample from a person. 3
`(2) If help is needed to take the DNA sample, the doctor or nurse may 4
ask other persons to give reasonably necessary help. 5
`(3) It is lawful for a doctor or nurse and a person helping the doctor or 6
nurse to use reasonably necessary force for taking a DNA sample. 7
`(4) If the DNA sample is being taken with consent, the doctor or nurse 8
and a person helping the doctor or nurse must immediately stop taking the 9
sample if the person withdraws the consent. 10
`(5) However, withdrawal of consent does not make inadmissible 11
evidence of a DNA analysis done on any DNA sample taken before the 12
consent is withdrawn. 13
`Division 6--General 14
to analyse etc. DNA samples 15
`Power
`315.(1) It is lawful for a police officer or a person acting under an 16
arrangement between the commissioner and the chief executive (health)-- 17
(a) to perform a DNA analysis of a DNA sample taken under this 18
part; and 19
(b) to perform any further analysis of the DNA sample that may be 20
reasonably necessary for ensuring the accuracy of an earlier 21
analysis; and 22
(c) to keep the DNA sample until it is required under this part to be 23
destroyed; and 24
(d) to take the steps reasonably necessary to ensure the results of the 25
analysis are included in a DNA database; and 26
(e) to compare the results of the DNA analysis with other results of 27
DNA analyses to which the person has access. 28
`(2) It is lawful-- 29
s 18 48 s 18
Police Powers and Responsibilities and Other
Acts Amendment
(a) for a police officer to keep the results of any DNA analysis of a 1
DNA sample taken under this part; and 2
(b) for a police officer to use the results of any DNA analysis for any 3
investigation being conducted by a police officer for the police 4
service or a declared law enforcement agency. 5
`(3) A DNA sample mentioned in subsection (1)(c) must be kept in a 6
secure place. 7
DNA samples and results must be destroyed 8
`When
`316.(1) The commissioner must ensure any DNA sample and the 9
results of a DNA analysis of the sample are destroyed within a reasonable 10
time if-- 11
(a) the arrest of the person for an indictable offence to which the 12
sample relates is discontinued under section 208(1) or 211(1);14 13
or 14
(b) a charge of an indictable offence to which the sample relates is 15
discontinued before a court; or 16
(c) the person is not found guilty of the indictable offence, including 17
on appeal; or 18
(d) within 1 year after the sample is taken, the person is not charged 19
with an indictable offence. 20
`(2) Subsection (1) does not apply if-- 21
(a) the person has been proceeded against on a charge of another 22
indictable offence that has not been decided; or 23
(b) the person has been found guilty of another indictable offence, 24
whether before or after the commencement of this section; or 25
14 Section 208 (When arrest may be discontinued--general rule) or 211 (Additional
case where arrest for minor drugs offence may be discontinued)
s 18 49 s 18
Police Powers and Responsibilities and Other
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(c) the DNA sample and the results of the DNA analysis of the 1
sample are required for the investigation of another indictable 2
offence the person is reasonably suspected of having committed; 3
or 4
(d) the person is not proceeded against because he or she has been 5
found unfit for trial because of mental illness. 6
`(3) For subsection (1), the commissioner may destroy the results of a 7
DNA analysis by ensuring that any information in the DNA database that 8
identifies the person from whom the DNA sample was taken with the 9
results obtained by analysing the sample is deleted. 10
`(4) This section does not apply to a DNA sample taken from a prisoner 11
under section 311,15 other than to the extent subsection (1)(b) applies to the 12
offence for which the person was imprisoned. 13
NA database 14
`D
`317.(1) The commissioner must ensure information obtained by a DNA 15
analysis of a DNA sample taken under this part is recorded in a DNA 16
database approved by the commissioner. 17
`(2) A DNA database approved under subsection (1)-- 18
(a) may include a database established by agreement between the 19
Commonwealth and the States for keeping information, including 20
DNA information, obtained by Commonwealth and State law 21
enforcement agencies; and 22
(b) is for use only for investigations being conducted by those 23
agencies. 24
`(3) The commissioner may arrange for information obtained by a DNA 25
analysis of either of the following, held by the commissioner, to be included 26
in the database-- 27
(a) a sample, including blood, taken before or after the 28
commencement of this section; 29
15 Section 311 (Taking sample from prisoner)
s 18 50 s 18
Police Powers and Responsibilities and Other
Acts Amendment
(b) a thing a police officer reasonably suspects is evidence of the 1
commission of an offence. 2
`(4) It is lawful for the commissioner to use the DNA database for any 3
investigation being conducted by a police officer for the police service or a 4
declared law enforcement agency. 5
use of DNA samples 6
`Restricted
`318. A police officer must not use a DNA sample, or the results of the 7
analysis of DNA a sample, for any purpose other than performing a 8
function of the police service. 9
ART 5--BLOOD AND URINE TESTING OF 10
`P
PERSONS SUSPECTED OF COMMITTING SEXUAL 11
OR OTHER SERIOUS ASSAULT OFFENCES 12
`Division 1--Preliminary 13
of pt 5 14
`Purpose
`319. The purpose of this part is to help ensure victims of particular 15
sexual offences and serious assault offences, and certain other persons 16
receive appropriate medical, physical and psychological treatment by 17
authorising-- 18
(a) the taking of blood and urine samples from a person a police 19
officer reasonably suspects has committed the relevant offence; 20
and 21
(b) the analysis of the samples to find out whether the person may 22
have transmitted a relevant disease to the victim. 23
s 18 51 s 18
Police Powers and Responsibilities and Other
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of pt 5 1
`Application
`320.(1) This part applies in relation to the following offences against the 2
Criminal Code ("relevant offences"), but only if semen, blood, saliva or 3
another bodily fluid may have been transmitted into the anus, vagina, a 4
mucous membrane, or broken skin of a victim of the offence-- 5
(a) rape; 6
(b) a sexual assault involving penetration of a penis into the victim's 7
mouth; 8
(c) incest committed against a child under 12; 9
(d) sodomy of a child under 12; 10
(e) carnal knowledge of a girl under 12; 11
(f) abuse of an intellectually impaired person involving penetration of 12
a penis into the victim's mouth; 13
(g) a serious assault if-- 14
(i) blood, saliva or another bodily fluid has penetrated, or may 15
have penetrated, the victim's skin; or 16
(ii) blood, saliva or another bodily fluid has entered, or may 17
have entered, a mucous membrane of the victim.16 18
`(2) This part also applies to a person other than the victim if semen, 19
blood, saliva or another bodily fluid may have been transmitted to the 20
person during or soon after the commission of a relevant offence. 21
`(3) However, this part does not apply to an assault that involves-- 22
(a) the penetration of the anus or vagina by an object other than a 23
penis; or 24
16 For the offences, see the Criminal Code, sections 208 (Unlawful sodomy), 215
(Carnal knowledge of girls under 16), 216 (Abuse of intellectually impaired
persons), 222 (Incest), 337 (Sexual assaults), 340 (Serious assaults) and 347
(Rape).
s 18 52 s 18
Police Powers and Responsibilities and Other
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(b) the transfer of blood or another bodily fluid in a way that does not 1
penetrate the anus, vagina, a mucous membrane or the skin of a 2
victim; or 3
(c) spitting saliva onto intact skin. 4
Acts do not apply to this part 5
`Certain
`321. The Public Records Act and the Freedom of Information Act 1992 6
do not apply to activities or records under this part to the extent those Acts 7
would otherwise enable the identity of a person in relation to whom a 8
disease test order is made or the victim of the relevant offence to be 9
disclosed. 10
2--Taking blood and urine samples 11
`Division
for order for blood and urine testing of person 12
`Application
`322.(1) This section applies if a police officer arrests a person 13
("relevant person") the police officer reasonably suspects has committed a 14
relevant offence. 15
`(2) A police officer may apply to a magistrate or, if the relevant person 16
is a child, the Childrens Court for an order ("disease test order") 17
authorising the taking of a sample of blood and urine from the relevant 18
person. 19
`(3) The application must be written and state the grounds on which it is 20
made. 21
`(4) Before the application is made, the police officer must give the 22
relevant person a copy of the application and inform the person that he or 23
she has the right to be represented by a lawyer at the hearing of the 24
application. 25
`(5) The magistrate may refuse to consider the application unless the 26
police officer gives the magistrate all the information the magistrate requires 27
about the application in the way the magistrate requires. 28
s 18 53 s 18
Police Powers and Responsibilities and Other
Acts Amendment
1
Example--
2
The magistrate may require additional information supporting the application to be
3
given by statutory declaration.
to be given of application for disease test order for child 4
`Notice
`323.(1) This section applies if a police officer applies under section 322 5
for a disease test order for a child. 6
`(2) The police officer must give notice of the application to-- 7
(a) the child; and 8
(b) a parent of the child, unless a parent can not be found after 9
reasonable inquiry; and 10
(c) the chief executive (family services) or a person, nominated by 11
that chief executive for the purpose, who holds an office within 12
the department. 13
test order 14
`Disease
`324.(1) This section applies to the consideration of an application for a 15
disease test order. 16
`(2) The magistrate or Childrens Court-- 17
(a) must hear and decide the application with as little delay as 18
possible and in the absence of the public; and 19
(b) may, in extraordinary circumstances, adjourn the application for 20
no more than 24 hours to allow further evidence to be put before 21
the magistrate or Childrens Court; and 22
(c) must not hear the application unless satisfied the relevant person 23
has been informed of the right to be represented by a lawyer at the 24
hearing. 25
`(3) Also, the victim of the relevant offence can not be compelled to give 26
evidence at the hearing. 27
s 18 54 s 18
Police Powers and Responsibilities and Other
Acts Amendment
`(4) If the relevant person, or the relevant person's lawyer, is present 1
when the application is being heard, the relevant person or the lawyer may 2
make submissions to the magistrate or Childrens Court, but not 3
submissions that will unduly delay the consideration of the application. 4
`(5) If the magistrate or Childrens Court is satisfied there are reasonable 5
grounds for suspecting a relevant offence has been committed and, in the 6
circumstances of the offence, a blood and urine sample should be taken 7
from the relevant person, the magistrate or Childrens Court may make a 8
disease test order in relation to the relevant person. 9
disease test order must state 10
`What
`325. A disease test order must state the following-- 11
(a) the name of the relevant person; 12
(b) that the relevant person may be held in custody for the time 13
reasonably necessary to enable a sample of the person's blood 14
and a sample of the person's urine to be taken; 15
(c) that a police officer may take the relevant person to a place the 16
police officer considers has appropriate facilities for taking the 17
sample; 18
(d) that a doctor or a prescribed nurse may take a blood sample and a 19
urine sample from the relevant person. 20
against disease test order 21
`Appeal
`326.(1) A relevant person may appeal against a disease test order to the 22
District Court. 23
`(2) The appeal-- 24
(a) must be filed without delay; and 25
(b) does not stay the operation of the disease test order, unless the 26
court otherwise orders. 27
`(3) The court may not order a stay of a disease test order of more than 28
48 hours from the time the order appealed against is made. 29
s 18 55 s 18
Police Powers and Responsibilities and Other
Acts Amendment
`(4) The court must hear and decide the appeal-- 1
(a) within 48 hours after the order appealed against is made; and 2
(b) in the absence of the public; and 3
(c) without adjourning the appeal. 4
`(5) If the relevant person, or the relevant person's lawyer, is present 5
when the appeal is being heard, the relevant person or the lawyer may make 6
submissions to the court, but not submissions that will unduly delay the 7
consideration of the appeal. 8
`(6) The court may allow or refuse to allow the appeal. 9
blood and urine samples 10
`Taking
`327.(1) A police officer may ask a doctor or prescribed nurse to take a 11
blood sample and a urine sample from a relevant person under a disease test 12
order. 13
`(2) When asking the doctor or nurse to take the sample, the police 14
officer must produce for the doctor's or nurse's inspection a copy of the 15
disease test order for the relevant person. 16
`(3) It is lawful for the doctor or nurse to take a blood sample from the 17
relevant person or ask the person to provide a urine sample. 18
`(4) If help is needed for taking the sample, the doctor or nurse may ask 19
other persons to give reasonably necessary help. 20
`(5) It is lawful for the doctor or nurse and a person helping the doctor or 21
nurse to use reasonably necessary force for taking the sample. 22
`(6) The doctor or nurse must immediately send the sample to a unit of 23
the health department with appropriate facilities for testing the sample for 24
relevant diseases. 25
s 18 56 s 18
Police Powers and Responsibilities and Other
Acts Amendment
`Division 3--General 1
of blood and urine samples 2
`Analysis
`328.(1) It is lawful for an officer of the health department to analyse, or 3
arrange for someone else to analyse, a blood sample or urine sample sent to 4
a unit of the health department under section 327. 5
`(2) Also, it is lawful for an officer of the health department to destroy 6
blood or urine from a sample if it is not used for the analysis or a further 7
analysis and the sample or any part of the sample used for the analysis. 8
on disclosure of results of analysis 9
`Restriction
`329.(1) A person who conducts an analysis of a blood sample or urine 10
sample under this part must not disclose the results of the analysis to any 11
person other than the following-- 12
(a) the victim of the relevant offence; 13
(b) the relevant person; 14
(c) a doctor or other health care professional involved in treating or 15
providing care for the victim of the offence or the relevant person; 16
(d) a person providing counselling for the victim of the offence or the 17
relevant person; 18
(e) a person, nominated by the chief executive (health), who, as part 19
of the person's duties, requires knowledge of the results. 20
Maximum penalty--40 penalty units or 6 months imprisonment. 21
`(2) A person to whom information is disclosed under subsection (1) 22
must not disclose information obtained under this part to a person other 23
than-- 24
(a) the victim of the relevant offence; or 25
(b) the relevant person; or 26
(c) a doctor or other health care professional involved in treating or 27
providing care for the victim of the offence or the relevant person; 28
or 29
s 19 57 s 21
Police Powers and Responsibilities and Other
Acts Amendment
(d) a person providing counselling for the victim of the offence or the 1
relevant person; or 2
(e) a person, nominated by the chief executive (health), who, as part 3
of the person's duties requires knowledge of the results. 4
Maximum penalty--40 penalty units or 6 months imprisonment. 5
`(3) Subsection (2) does not apply to the victim of the relevant offence or 6
the relevant person, unless the disclosure is-- 7
(a) a public disclosure through the mass media by the victim of the 8
results of the analysis and the identity of the relevant person; or 9
(b) a public disclosure through the mass media by the relevant person 10
of the results of the analysis and the identity of the victim. 11
evidence inadmissible 12
`Certain
`330. In a proceeding, the making of an application for a disease test 13
order or the results of an analysis of a blood or urine sample under this part 14
are not admissible in evidence.'. 15
of ss 259-309 16
Renumbering
Clause 19. Sections 259 to 309-- 17
renumber as sections 331 to 381. 18
of ch 10 (as renumbered), pt 2, divs 3-5 19
Omission
Clause 20. Chapter 10, as renumbered, part 2, divisions 3 to 5-- 20
omit. 21
of ss 318-336 22
Renumbering
Clause 21. Sections 318 to 336-- 23
renumber as sections 382 to 400. 24
s 22 58 s 24
Police Powers and Responsibilities and Other
Acts Amendment
of s 337 (Particular Acts do not apply to this division) 1
Amendment
Clause 22.(1) Section 337, `Libraries and Archives Act 1988'-- 2
omit, insert-- 3
`Public Records Act'. 4
(2) Section 337-- 5
renumber as section 401. 6
of ss 338-355 7
Renumbering
Clause 23. Sections 338 to 355-- 8
renumber as sections 402 to 419. 9
of new ch 11 (as renumbered), pt 3 10
Insertion
Clause 24. After section 419, as renumbered-- 11
insert-- 12
PART 3--DEALING WITH THINGS IN THE 13
`
POSSESSION OF POLICE SERVICE 14
`Division 1--Preliminary 15
of pt 3 16
`Application
`420.(1) This part applies to a thing that is lawfully in the possession of 17
the police service ("relevant thing"), whether before or after the 18
commencement of this section, because-- 19
(a) it was seized by a police officer; or 20
(b) it was found by someone other than a police officer who gave it to 21
a police officer as apparently lost property; or 22
(c) it otherwise came into the possession of a police officer in the 23
course of performing the officer's functions. 24
s 24 59 s 24
Police Powers and Responsibilities and Other
Acts Amendment
`(2) However, this part does not apply to-- 1
(a) a vehicle or animal that is seized under section 60;17 or 2
(b) a sample of a person's blood, urine or saliva or another substance 3
taken or collected from a person's body under chapter 8, part 3; or 4
(c) a hair sample or mouth swab taken from a person under 5
chapter 8, part 4 for DNA analysis; or 6
(d) a blood or urine sample taken from a person under chapter 8, part 7
5; or 8
(e) a specimen of blood or urine taken from or provided by a person 9
under the Road Use Management Act, section 80.18 10
of pt 3 11
`Object
`421. The object of this part is to ensure, as far as practicable, a relevant 12
thing-- 13
(a) is retained by the police service only for as long as is reasonably 14
necessary; and 15
(b) is handled in an efficient, safe and accountable way. 16
of police officer taking possession of relevant thing 17
`Responsibilities
`422.(1) A police officer who seizes or otherwise comes into possession 18
of a relevant thing must ensure the thing is given to an appropriate property 19
officer or delivered to a property point that is appropriate in the 20
circumstances, as soon as reasonably practicable, unless-- 21
(a) the thing is earlier returned, destroyed or disposed of under this 22
part; or 23
(b) it is necessary to keep the thing for use during questioning or for 24
an investigative procedure involving the thing. 25
17 Section 60 (Removal of vehicles and animals from roads and other places)
18 Road Use Management Act, section 80 (Provisions with respect to breath tests
and laboratory tests)
s 24 60 s 24
Police Powers and Responsibilities and Other
Acts Amendment
`(2) If the police officer keeps a thing under subsection (1)(b), the police 1
officer must deliver the thing to an appropriate property officer or property 2
point as soon as reasonably practicable after the reason for keeping it ends. 3
`(3) Until the thing is delivered to the property officer or property point, 4
the police officer is responsible for the safe keeping of the thing. 5
`(4) The commissioner must-- 6
(a) ensure reasonable inquiries and reasonable efforts are made to 7
locate anyone lawfully claiming to be entitled to possession of the 8
thing; and 9
(b) facilitate its lawful disposal or its return to its owner or the person 10
who had lawful possession of it before it came into the 11
possession of the police service. 12
`(5) What are reasonable inquiries and efforts, must be decided having 13
regard to the nature, condition and value of the relevant thing. 14
`(6) Subsection (4) does not apply to the thing if the commissioner is 15
satisfied it is inappropriate to return it to its owner or the person who had 16
lawful possession of it before it came into the possession of the police 17
service. 18
19
Example for subsection (6)--
20
The commissioner may be satisfied it is inappropriate to return clothing worn by a
21
victim at the time of a sexual assault because of the distress returning the clothing to
22
the victim may cause.
`Division 2--Return of seized things 23
of seized things 24
`Return
`423.(1) Unless a justice otherwise orders, a police officer must return a 25
seized thing to the owner of the thing or the person who had lawful 26
possession of the thing before it was seized if the officer is satisfied-- 27
(a) it is not required to be retained; and 28
(b) it is lawful for the person to have possession of the thing. 29
s 24 61 s 24
Police Powers and Responsibilities and Other
Acts Amendment
`(2) If appropriate, the police officer must take the steps reasonably 1
necessary to minimise the need to retain the thing as evidence by, as soon as 2
reasonably practicable-- 3
(a) photographing the thing or arranging for it to be photographed; or 4
(b) arranging for any necessary test or examination of the thing; or 5
(c) gathering any other available secondary evidence in relation to the 6
thing seized. 7
`(3) Despite subsection (1), a police officer may retain the thing for a 8
reasonable time after it is seized if retention of the thing is necessary-- 9
(a) to prevent a person using the thing to cause harm to himself, 10
herself or someone else; or 11
(b) to prevent an offence or a breach of the peace happening; or 12
(c) to prevent the thing being used for an act of domestic violence or 13
associated domestic violence. 14
`(4) This section does not apply to a thing that the commissioner is 15
satisfied is inappropriate to return to its owner or the person who had lawful 16
possession of it before it was seized because of the nature or value of the 17
thing or the circumstances of the offence to which it relates. 18
19
Examples for subsection (4)--
20
1. The commissioner may be satisfied it is not appropriate to return fibres taken
21
from a carpet at a crime scene because the fibres have little or no value.
22
2. The commissioner may be satisfied it is inappropriate to return clothing worn by
23
a victim at the time of a sexual assault because of the distress returning the clothing
24
to the victim may cause.
by owner etc. for return of relevant things 25
`Application
`424.(1) This section applies to a relevant thing-- 26
(a) that has been in the possession of the police service for at least 27
30 days; or 28
(b) that is described in a notice given under section 439(4).19 29
19 Section 439 (Order for forfeiture of relevant things connected with offences)
s 24 62 s 24
Police Powers and Responsibilities and Other
Acts Amendment
`(2) A person who claims to have a legal or equitable interest in the thing 1
may apply to a magistrate for an order that the thing be delivered to the 2
person. 3
`(3) The person must give each of the following a copy of the application 4
and notice of the day, time and place fixed for hearing the application-- 5
(a) the commissioner; 6
(b) anyone else the person reasonably believes has a legal or equitable 7
interest in the thing. 8
`(4) The magistrate may order that the relevant thing be delivered to a 9
person on the conditions, if any, the magistrate considers appropriate if 10
satisfied-- 11
(a) the person may lawfully possess the thing; and 12
(b) it is appropriate that the relevant thing be delivered to the person. 13
`(5) However, the magistrate must not order the delivery of a relevant 14
thing to the person if the magistrate is reasonably satisfied the thing-- 15
(a) may be evidence in a proceeding started in relation to the thing; or 16
(b) is a thing used in or for manufacturing a dangerous drug; or 17
(c) may be subject to a forfeiture proceeding, including a forfeiture 18
proceeding relating to an interstate serious offence under the 19
Confiscation Act. 20
`(6) This section does not apply to a relevant thing that is forfeited to the 21
State under this or any other Act. 22
by police officer for order if ownership dispute 23
`Application
`425.(1) This section applies if there is a dispute about the ownership of a 24
relevant thing. 25
`(2) A police officer may apply to a magistrate for an order declaring 26
who is the owner of the thing. 27
`(3) The police officer must give anyone the police officer reasonably 28
believes has a legal or equitable interest in the thing a copy of the application 29
and notice of the day, time and place fixed for hearing the application. 30
s 24 63 s 24
Police Powers and Responsibilities and Other
Acts Amendment
`(4) The magistrate may make the order the magistrate considers 1
appropriate. 2
`(5) If the magistrate can not decide who owns the thing, the magistrate 3
may make the orders the magistrate considers appropriate for the disposal 4
of the thing. 5
for order in relation to seized things 6
`Application
`426.(1) This section applies to a thing seized-- 7
(a) as evidence of the commission of an offence; or 8
(b) to prevent a person using the thing to cause harm to himself, 9
herself or someone else; or 10
(c) to prevent an offence or a breach of the peace happening. 11
`(2) Within 30 days after a police officer seizes the thing, the police 12
officer must apply to a justice of the peace (magistrates court) or a 13
magistrate (the "issuer") for an order under section 427 in relation to the 14
thing, unless-- 15
(a) a proceeding has been started in which the thing may be relevant; 16
or 17
(b) consent to the continued keeping of the thing has been given by its 18
owner or the person who had lawful possession of the thing 19
before it was seized; or 20
(c) it has no intrinsic value; or 21
22
Example for subsection (2)(c)--
23
Samples of hair or blood taken from a crime scene that may be forensic evidence.
(d) it is perishable and will perish before it can be returned to its 24
owner or the person who had lawful possession of the thing 25
before it was seized; or 26
(e) it is a dangerous drug or a thing used in or for manufacturing a 27
dangerous drug; or 28
(f) it is a weapon the person from whom it was seized may not 29
lawfully possess; or 30
s 24 64 s 24
Police Powers and Responsibilities and Other
Acts Amendment
(g) it is given to a law enforcement agency of another State under 1
section 442 or another agency under an arrangement under 2
section 443;20 or 3
(h) it is returned under division 3.21 4
`(3) An application for an order under section 427 must also be made 5
within 30 days after either of the following happens-- 6
(a) a proceeding started in relation to the thing seized is discontinued 7
without any order being made in relation to the thing; 8
(b) the consent of the owner of the thing or the person who had 9
lawful possession of the thing before it was seized is withdrawn. 10
`(4) The application must be accompanied by any warrant under which 11
the thing was seized. 12
`(5) However, if no application is to be made because subsection (2)(a), 13
(b), (c), (d), (e) or (f) applies to the thing, a police officer must deal with the 14
thing in the way specified in the responsibilities code, unless this Act 15
otherwise provides. 16
issuer may make in relation to seized thing 17
`Orders
`427.(1) After considering the application, the issuer may, in relation to 18
the seized thing, order-- 19
(a) that it be kept in the possession of a police officer until the end 20
of-- 21
(i) any investigation in relation to which the thing may be 22
relevant; or 23
(ii) any proceeding in which the thing may be relevant; or 24
(iii) any appeal against a decision in a proceeding in which the 25
thing is relevant; or 26
20 Section 442 (Ministerial arrangements for transmission and return of seized
things), section 443 (Commissioner may make arrangements)
21 Division 3 (Dealing with dangerous drugs etc.)
s 24 65 s 24
Police Powers and Responsibilities and Other
Acts Amendment
(b) that it be photographed and returned to its owner or the person 1
who had lawful possession of it before it was seized on condition 2
that the owner or person undertakes to produce it before a court in 3
any later proceeding involving the thing; or 4
(c) that it be returned to the person who the issuer believes is lawfully 5
entitled to possess it; or 6
(d) if the person entitled to possess the thing is unknown, that the 7
thing be disposed of; or 8
(e) for a thing seized for a reason mentioned in section 426(1)(b) 9
or (c), that it be dealt with in the way decided by the 10
commissioner; or 11
(f) that it be disposed of or destroyed; or 12
(g) that it be dealt with by way of a proceeding under section 424 or 13
42522 or a forfeiture proceeding. 14
`(2) The issuer may, in the order, impose any conditions the issuer 15
considers appropriate, including, for subsection (1)(a), a condition limiting 16
the time for which a police officer may keep possession of documents 17
seized as evidence. 18
of seized things at end of proceeding 19
`Disposal
`428.(1) At the end of a proceeding, a court, in relation to a seized thing, 20
may make any of the following orders-- 21
(a) an order for the return, forfeiture, destruction or disposal of the 22
thing; 23
(b) an order that the thing be dealt with by way of a proceeding under 24
section 424 or 425 or a forfeiture proceeding; 25
(c) an order that the police service retain the thing until it is dealt with 26
according to law. 27
22 Section 424 (Application by owner etc. for return of relevant things) or 425
(Application by police officer for order if ownership dispute)
s 24 66 s 24
Police Powers and Responsibilities and Other
Acts Amendment
`(2) A thing that is forfeited under an order under this Act becomes the 1
property of the State. 2
to decide way of destruction or disposal 3
`Commissioner
`429.(1) This section applies if an order is made for the disposal or 4
destruction of a thing under section 425, 427 or 428. 5
`(2) Subject to any direction in the order, the commissioner must decide 6
how the thing is to be disposed of or destroyed. 7
`(3) However, if the value of the thing is more than the amount 8
prescribed under a regulation for this section, the commissioner must first 9
obtain the Minister's approval to the proposed disposal or destruction. 10
11
Examples--
12
1. The commissioner may give a hydroponics system previously used for growing
13
dangerous drugs to a school for use for an agricultural purpose.
14
2. The commissioner may give stolen clothes to a charitable organisation whose
15
charter is to assist the poor.
`Division 3--Dealing with dangerous drugs etc. 16
of div 3 17
`Application
`430. This division applies if a police officer seizes a thing the police 18
officer reasonably suspects is any of the following ("drug evidence")-- 19
(a) a dangerous drug; 20
(b) a thing intended for use, or that was used, in the commission of 21
an offence against the Drugs Misuse Act 1986, part 2.23 22
23 Drugs Misuse Act 1986, part 2 (Drug trafficking)
s 24 67 s 24
Police Powers and Responsibilities and Other
Acts Amendment
of drug evidence soon after seizure 1
`Destruction
`431.(1) A police officer may destroy drug evidence where it is found or 2
move drug evidence, or arrange for it to be removed, to another place where 3
it can safely be destroyed if-- 4
(a) a police officer is satisfied it is not reasonably practicable to-- 5
(i) to take it to a property point; or 6
(ii) to keep it at a police station; and 7
(b) the police officer reasonably believes that unless it is destroyed 8
there is a risk it may be used in the commission of an offence. 9
10
Example for paragraph (a)(i)--
11
It may be necessary to destroy a large plantation of cannabis sativa plants after
12
taking samples of the plants because it is impracticable to transport them to a
13
property point for storage and leaving them where they are may lead to them being
14
used in the commission of an offence.
`(2) Also, a police officer may destroy drug evidence where it is found or 15
move drug evidence, or arrange for it to be removed, to another place where 16
it can safely be destroyed if it may be dangerous to take it, or any part of it, 17
to a property point or to keep it at a police station. 18
`(3) However, before destroying drug evidence under subsection (1) or 19
(2), a police officer must-- 20
(a) photograph the drug evidence where it is found; and 21
(b) for a dangerous drug, if practicable-- 22
(i) weigh it, or for plants, count the number of plants; and 23
(ii) retain a representative sample of the dangerous drug. 24
`(4) Subsections (1) and (2) apply even though-- 25
(a) a proceeding for an offence of which the drug evidence may be 26
relevant has not been started or decided; and 27
(b) notice of the proposed destruction of the drug evidence has not 28
been given under section 432. 29
s 24 68 s 24
Police Powers and Responsibilities and Other
Acts Amendment
of dangerous drug after notice 1
`Destruction
`432.(1) This section applies to a dangerous drug-- 2
(a) that is not destroyed under section 431 or forfeited under an order 3
of a court under the Drugs Misuse Act 1986, section 32;24 and 4
(b) for which an analyst's certificate has been given under the Drugs 5
Misuse Act 1986. 6
`(2) A police officer may give the person from whom a dangerous drug 7
was seized-- 8
(a) a written notice in the approved form ("destruction notice") 9
stating-- 10
(i) within 30 days after the notice is given, the person may give 11
the commissioner a written notice requiring the 12
commissioner to make a representative sample of the 13
dangerous drug available to a stated appropriately qualified 14
person ("independent analyst") for analysis; and 15
(ii) the person must pay the costs of the independent analysis; 16
and 17
(iii) if the person does not give the commissioner written notice 18
within the 30 days, the commissioner may destroy the drug 19
evidence; and 20
(b) a copy of the analyst's certificate. 21
`(3) If the person requires the commissioner to make a sample available 22
to an independent analyst, the person must advise the commissioner in 23
writing of that fact and the name and address of the analyst. 24
`(4) The commissioner may make a sample of the drug evidence 25
available to the independent analyst for analysis within 7 days at a place 26
decided by the commissioner and on the conditions the commissioner 27
considers appropriate. 28
24 Drugs Misuse Act 1986, section 32 (Forfeiture of dangerous drugs)
s 24 69 s 24
Police Powers and Responsibilities and Other
Acts Amendment
`(5) If the commissioner is not satisfied the independent analyst has the 1
qualifications necessary to analyse the dangerous drug, the commissioner 2
may require the person given the destruction notice to nominate another 3
person to be an independent analyst within 30 days. 4
`(6) If the person does not give the commissioner a written notice 5
nominating an independent analyst within the time allowed under 6
subsection (2) or (5), the commissioner may destroy the dangerous drug in 7
the way the commissioner considers appropriate. 8
`(7) If the commissioner makes a sample of the dangerous drug available 9
to the independent analyst, the commissioner may destroy the dangerous 10
drug at least 7 days after the sample is made available to the independent 11
analyst, unless the person gives to the commissioner written notice 12
disputing the analysis in the analyst's certificate given to the person under 13
subsection (2)(b). 14
of things used in the administration of a dangerous drug 15
`Destruction
`433.(1) If the commissioner is reasonably satisfied a thing seized-- 16
(a) has been used in the administration, consumption or smoking of a 17
dangerous drug; and 18
(b) is no longer required as evidence in a proceeding; 19
the commissioner may destroy the thing in a way that prevents the thing 20
being used in the commission of an offence. 21
`(2) If the commissioner disposes of a thing that is a hypodermic syringe 22
or needle in a way required under the Drugs Misuse Regulation 1987, the 23
thing is taken to have been destroyed.25 24
25 Drugs Misuse Regulation 1987, section 9 (Prescribed procedures for the disposal
of hypodermic syringes and needles).
s 24 70 s 24
Police Powers and Responsibilities and Other
Acts Amendment
4--Dealing with weapons 1
`Division
of weapons 2
`Disposal
`434.(1) At any time after the appointed day, a police officer may deliver 3
a relevant thing that is a weapon that has not been forfeited to the State-- 4
(a) if a police officer is satisfied a person is the owner of the weapon, 5
or would be lawfully entitled to possess it if that person complies 6
with the Weapons Act 1990-- 7
(i) to the owner or person lawfully entitled to possess it; or 8
(ii) if the owner or person lawfully entitled to possess it 9
nominates another person to possess it, to that person; or 10
(b) if a court order is made for the delivery of the weapon to a person 11
under section 427 or 42826--to that person. 12
`(2) However, a weapon may be delivered to a person mentioned in 13
subsection (1) only if that person satisfies the police officer who holds or 14
has custody of the weapon that the person may lawfully possess the 15
weapon. 16
`(3) If the weapon has not been delivered to any person under 17
subsection (1) within 3 months after the appointed day or the longer period 18
the commissioner decides in a particular case, the weapon is forfeited to the 19
State. 20
is the appointed day for disposal of weapons under s 434 21
`What
`435. The "appointed day" for disposal of weapons is-- 22
(a) for a weapon seized because of a contravention or suspected 23
contravention of the Weapons Act 1990, the later of the 24
following-- 25
(i) the day all proceedings relating to the offence or suspected 26
offence are finally decided; 27
26 Section 427 (Orders issuer may make in relation to seized thing) or 428
(Disposal of seized thing at end of proceeding)
s 24 71 s 24
Police Powers and Responsibilities and Other
Acts Amendment
(ii) the day 6 months after the day the weapon was seized; or 1
(b) otherwise, the day the weapon was seized. 2
`Division 5--Dealing with other things 3
things 4
`Perishable
`436.(1) This section applies to a relevant thing that is perishable if-- 5
(a) the thing can not be returned to its owner or the person who had 6
lawful possession of it before it came into the possession of the 7
police service; or 8
(b) its owner or the person who had lawful possession of the thing 9
before it came into the possession of the police service can not be 10
contacted to obtain directions about how to deal with the thing. 11
`(2) The commissioner may dispose of the thing in a way that-- 12
(a) does not cause an actual or apparent conflict of interest in the 13
commissioner or someone in a position to influence how the 14
thing may be disposed of; and 15
16
Example for subsection (2)(a)--
17
A conflict of interest may be apparent if a friend, relative or business associate of
18
a person in a position to influence how a thing may be disposed of may benefit from
19
the disposal of the thing.
(b) benefits the community generally or a community group. 20
21
Example for subsection (2)(b)--
22
Vegetables that are suspected of being stolen may be given to a community
23
organisation running a kitchen to feed the homeless.
`(3) If the commissioner reasonably suspects the relevant thing is unfit 24
for human consumption or it is impracticable to dispose of the thing in a 25
way that satisfies subsection (2), the commissioner must dispose of it in a 26
way that does not cause danger to anyone or the community generally. 27
s 24 72 s 24
Police Powers and Responsibilities and Other
Acts Amendment
6--Forfeiture 1
`Division
of div 6 2
`Application
`437. This division applies to a relevant thing that has not been forfeited 3
to the State. 4
for forfeiture of particular relevant things 5
`Order
`438.(1) The commissioner may order the forfeiture to the State of a 6
relevant thing that has been in the possession of the police service for at least 7
60 days. 8
`(2) The commissioner may order the forfeiture of the relevant thing only 9
if-- 10
(a) the commissioner is satisfied-- 11
(i) the owner of the thing can not be found after reasonable 12
inquiries; or 13
(ii) having regard to the nature, condition and value of the thing, 14
it is not reasonable to make inquiries about its owner; or 15
16
Examples for paragraph (a)--
17
1. The owner of the thing has migrated to another country.
18
2. The thing is a small amount of liquor that does not have a high value.
(b) the commissioner is unable, after making reasonable efforts, to 19
return the thing to its owner. 20
21
Example for paragraph (b)--
22
The owner of the thing refuses to take possession of the thing.
`(3) At least 30 days before the order for forfeiture may be made, the 23
commissioner must give notice to the owner in writing or, if the owner is 24
not known, by advertisement in a newspaper circulating generally 25
throughout the State that, unless the relevant thing is claimed, an order for 26
its forfeiture to the State will be made under this section. 27
`(4) Subsection (3) does not apply if the cost of giving the notice is more 28
than the value of the relevant thing. 29
s 24 73 s 24
Police Powers and Responsibilities and Other
Acts Amendment
`(5) This section does not apply to a relevant thing mentioned in 1
section 438. 2
for forfeiture of relevant things connected with offences 3
`Order
`439.(1) This section applies to a relevant thing if the commissioner is 4
satisfied-- 5
(a) the thing has been used in the commission of an offence; or 6
(b) it is necessary to retain the thing to prevent it being used in the 7
commission of an offence; or 8
(c) possession of the thing is an offence unless authorised, justified 9
or excused by law. 10
`(2) The commissioner may order the forfeiture to the State of the 11
relevant thing. 12
`(3) However, the commissioner may order the forfeiture of the relevant 13
thing only if the commissioner is satisfied reasonable steps have been taken 14
to give, a notice under subsection (4). 15
`(4) The notice-- 16
(a) must be given to-- 17
(i) the owner in writing, or if the owner is not known, by 18
advertisement in a newspaper circulating generally 19
throughout the State; or 20
(ii) the person who appeared to have possession of it before it 21
was seized; and 22
(b) must describe the relevant thing and state-- 23
(i) that the thing may be forfeited to the State; and 24
(ii) that an application may be made to a magistrate under 25
section 42427 for an order for the return of the thing; and 26
27 Section 424 (Application by owner etc. for return of relevant things)
s 24 74 s 24
Police Powers and Responsibilities and Other
Acts Amendment
(iii) that, if an application is not made to a magistrate within 1
28 days after the notice is given, the commissioner may 2
order that the thing be forfeited to the State. 3
`(5) Subsection (3) does not apply if the cost of giving the notice is more 4
than the value of the relevant thing. 5
`(6) If the person applies under section 424 to a magistrate, the 6
commissioner may not order the forfeiture of the relevant thing, unless the 7
magistrate refuses to order the delivery of the thing to the applicant or the 8
application is withdrawn, whichever happens first. 9
7--Dealing with forfeited things 10
`Division
of div 7 11
`Application
`440.(1) This division applies to a thing in the possession of the police 12
service that is forfeited, or ordered to be forfeited, to the State under this or 13
any other Act. 14
`(2) However, this part applies to a forfeited thing only after all 15
proceedings relating to the offence or suspected offence for which the thing 16
was forfeited are finally decided. 17
with forfeited things 18
`Dealing
`441.(1) On the forfeiture of a thing to the State, the thing becomes the 19
property of the State and may, subject to any direction given under the 20
Police Service Administration Act 1990, section 4.6,28 be dealt with by the 21
commissioner as the commissioner considers appropriate. 22
`(2) Without limiting subsection (1), the commissioner may destroy or 23
dispose of the thing. 24
`(3) If the thing is sold, it must be sold by auction and the proceeds of the 25
sale are to be paid-- 26
28 Police Service Administration Act 1990, section 4.6 (Communications between
Minister and commissioner)
s 24 75 s 24
Police Powers and Responsibilities and Other
Acts Amendment
(a) first, in meeting the expenses of the sale; and 1
(b) second, in meeting the expenses of the seizure and storage of the 2
thing; and 3
(c) third, to the consolidated fund or, if the proceeds relate to a thing 4
forfeited under section 440, the unclaimed moneys fund kept 5
under the Public Trustee Act 1978. 6
`(4) However, if the value of the thing is more than the amount 7
prescribed under a regulation for this section, the commissioner must first 8
obtain the Minister's approval to the proposed destruction or disposal. 9
10
Examples--
11
1. The commissioner may give a hydroponics system previously used for growing
12
dangerous drugs to a school for use for an agricultural purpose.
13
2. The commissioner may give stolen clothes to a charitable organisation whose
14
charter is to assist the poor.
8--Arrangements about relevant things 15
`Division
arrangements for transmission and return of seized 16
`Ministerial
things 17
`442.(1) The Minister may enter into arrangements with a Minister of 18
State for another State responsible for the administration of a law declared 19
by regulation to be a corresponding law for this section under which-- 20
(a) a thing seized under this Act that may be relevant to the 21
investigation of an offence, or a proceeding for an offence, against 22
the law of the State in which the corresponding law is in force-- 23
(i) is to be given to a law enforcement agency in that State for 24
the investigation of or a proceeding for the offence; and 25
(ii) when no longer required for the investigation or proceeding, 26
is to be returned to the law enforcement agency who seized 27
it, unless disposed of by order or direction of a court; and 28
(b) a thing seized under the corresponding law that may be relevant to 29
the investigation of an offence, or a proceeding for an offence, 30
against the law of Queensland-- 31
s 25 76 s 26
Police Powers and Responsibilities and Other
Acts Amendment
(i) is to be given to the commissioner; and 1
(ii) when no longer required for the investigation of an offence 2
or a proceeding for an offence, is to be returned to the 3
relevant law enforcement agency in the State in which it was 4
seized, unless disposed of by order or direction of a court. 5
`(2) A thing returned to a law enforcement agency under an arrangement 6
under subsection (1), unless it can lawfully be returned to its owner, is a 7
thing for which an application may be made under section 426.29 8
may make arrangements 9
`Commissioner
`443. The commissioner may, under an arrangement between the 10
commissioner and the chief executive of a department or the chief executive 11
officer of another agency, transfer the possession of a relevant thing to the 12
chief executive or chief executive officer if, in the circumstances, it would be 13
appropriate for the thing to be dealt with under another Act. 14
15
Example--
16
It may be appropriate for the commissioner to transfer the possession of explosives
17
to the chief executive of the department responsible for the administration of the
18
Explosives Act 1999 for safe keeping or destruction of the explosives.'.
of ss 356-393 19
Renumbering
Clause 25. Sections 356 to 393-- 20
renumber as sections 444 to 481. 21
of sch 1 (Acts not affected by this Act) 22
Amendment
Clause 26. Schedule 1-- 23
insert-- 24
`Child Protection Act 1999'. 25
29 Section 426 (Application for order in relation to seized things)
s 27 77 s 27
Police Powers and Responsibilities and Other
Acts Amendment
of sch 3 (Acts amended after assent) 1
Amendment
Clause 27.(1) Schedule 3, amendments of the Bail Act 1980, amendment 3, 2
`under this section.'.'-- 3
omit, insert-- 4
`under this section. 5
`(1B) If either of the following happens, the police officer may release the 6
person without bail-- 7
(a) a person charged with being drunk in a public place is released 8
into the care of a person at a place of safety under the Police 9
Powers and Responsibilities Act 2000, section 210;30 10
(b) a person charged with a minor drugs offence within the meaning 11
of the Police Powers and Responsibilities Act 2000, schedule 4 12
signs an agreement to attend a drug diversion assessment 13
program under section 21131 of that Act.'. 14
(2) Schedule 3, amendments of the Criminal Justice Act 1989-- 15
insert-- 16
`2. Section 140(1)-- 17
omit, insert-- 18
`140.(1) The chairperson may delegate the chairperson's powers under 19
this Act or the Police Powers and Responsibilities Act 2000, chapter 11, 20
part 2 (other than section 345(1)(c)), to a director of the commission.'. 21
(3) Schedule 3, amendments of the Domestic Violence (Family 22
Protection) Act 1989, amendment 3, `insert--'-- 23
omit, insert-- 24
`omit, insert--'. 25
30 Police Powers and Responsibilities Act 2000, section 210 (Additional case when
arrest for being drunk in a public place may be discontinued)
31 Police Powers and Responsibilities Act 2000, section 211 (Additional case when
arrest for minor drugs offence may be discontinued)
s 28 78 s 28
Police Powers and Responsibilities and Other
Acts Amendment
(4) Schedule 3, amendments of the Environmental Protection Act 1994, 1
before amendment 1-- 2
insert-- 3
`1A. Section 132(2)-- 4
omit.'. 5
(5) Schedule 3, amendment of the Jury Act 1995, before amendment 1-- 6
insert-- 7
`1A. Section 12(3), after `Subsection'-- 8
insert-- 9
`(2)'. 10
(6) Schedule 3, amendments to the Police Service Administration Act 11
1990-- 12
insert-- 13
`4A. Section 10.15-- 14
omit.'. 15
(7) Schedule 3-- 16
insert-- 17
`GAMING MACHINE AND OTHER ACTS 18
AMENDMENT ACT 1999 19
`1. Section 85, definition "authorised person" as proposed to be 20
inserted in section 123 of the Gaming Machine Act 1991, 21
paragraph (e)-- 22
omit.'. 23
of sch 4 (Dictionary) 24
Amendment
Clause 28.(1) Schedule 4, definitions "police officer" and "weapon"-- 25
omit. 26
s 28 79 s 28
Police Powers and Responsibilities and Other
Acts Amendment
(2) Schedule 4-- 1
insert-- 2
` "agent", for chapter 5, part 4, means a person authorised under 3
section 191 to engage in a controlled activity. 4
"approving officer" see section 173(2). 5
"chief executive (health)" means the chief executive of the health 6
department. 7
"commissioned officer", for chapter 8, part 4, see section 307. 8
"committee", for chapter 5, means the controlled operations committee. 9
"Confiscation Act" means the Crimes (Confiscation) Act 1989. 10
"controlled activity" see sections 190 and 191. 11
"controlled operation" see section 173. 12
"controlled operations committee" means the controlled operations 13
committee established under section 167. 14
"covert operative" means a police officer or another person named in an 15
approval under section 178 as a covert operative. 16
"disease test order" see section 322. 17
"DNA database" means an approved database in which the results of a 18
DNA analysis under a law of the Commonwealth or a State is stored 19
for use only for investigations being conducted by law enforcement 20
agencies. 21
"DNA sample" see section 296. 22
"DNA sample notice" see section 308. 23
"DNA sampler", for chapter 8, part 4, see section 297. 24
"drug diversion assessment program" means a drug diversion 25
assessment program provided by, or conducted with the approval of, 26
the chief executive (health). 27
"health department" means the department within which the Health Act 28
1937 is administered. 29
s 28 80 s 28
Police Powers and Responsibilities and Other
Acts Amendment
"independent member", of the controlled operations committee, means 1
the member who is a retired District Court or Supreme Court judge. 2
"minor drugs offence"-- 3
(a) means an offence against the Drugs Misuse Act 1986, section 9, 4
10(1) or 10(2)(a) involving-- 5
(i) possessing not more than 50 grams of cannabis sativa; or 6
(ii) possessing a thing for use, or that has been used, for 7
smoking cannabis sativa; but 8
(b) does not include an offence mentioned in paragraph (a) if the 9
possession is an element of an offence against the Drugs Misuse 10
Act 1986 involving production or supply of cannabis sativa or 11
trafficking in cannabis sativa. 12
"nurse" means a person who is registered under the Nursing Act 1992 as a 13
registered nurse. 14
"otherwise unlawful activity" means an unlawful act or omission of a 15
person for which-- 16
(a) apart from chapter 5, it would be unlawful for the person to do or 17
omit; and 18
(b) because of chapter 5, it would be lawful for the person to do or 19
omit. 20
"place of safety" see section 210. 21
"police officer" includes-- 22
(a) for chapter 9, part 3-- 23
(i) an aboriginal police officer; and 24
(ii) an island police officer; and 25
(b) for chapter 5, part 2, a police officer of a police force or service of 26
another State or the Commonwealth; and 27
(c) other than for chapter 5, part 2, a police officer of any State or the 28
Commonwealth who is, for the time being, performing duties for 29
another police service. 30
s 28 81 s 28
Police Powers and Responsibilities and Other
Acts Amendment
"prescribed nurse" means a nurse who is employed in the health 1
department. 2
"property officer" means-- 3
(a) a member of the police service appointed by the commissioner as 4
a property officer; or 5
(b) an officer of a government entity appointed as a property officer 6
under an arrangement between the commissioner and the chief 7
executive officer of the entity. 8
"property point" means a place lawfully used by the police service as a 9
place for the storage of relevant things. 10
"Public Records Act" means-- 11
(a) until the commencement of the Public Records Act 2000, 12
section 1432--the Libraries and Archives Act 1988; or 13
(b) from the commencement of the Public Records Act 2000, 14
section 14--the Public Records Act 2000. 15
"registrar-general" means the registrar-general under the Registration of 16
Births, Deaths and Marriages Act 1962. 17
"relevant disease" means a communicable disease prescribed under a 18
regulation. 19
"relevant thing", for chapter 11, part 3, see section 420. 20
"restricted item" means an item prescribed as a restricted item under the 21
Weapons (Categories) Regulation 1997. 22
"take", for chapter 8, part 4 or 5, includes "collect". 23
"weapon"-- 24
(a) for chapter 11, part 3--includes antique firearm and restricted 25
item; and 26
32 Public Records Act 2000, section 14 (Public authority must ensure particular
records remain accessible)
s 28 82 s 28
Police Powers and Responsibilities and Other
Acts Amendment
(b) otherwise--see Weapons Act 1990, section 5.33'. 1
(3) Schedule 4, definition "enforcement act"-- 2
insert-- 3
`(j) the discontinuance of an arrest for a minor drugs offence under 4
section 211.'. 5
(4) Schedule 4, definition "outer garment", after `coat'-- 6
insert-- 7
`, shirt'. 8
(5) Schedule 4, definition "prescribed place", paragraph (b)(xi)-- 9
renumber as paragraph (b)(xii). 10
(6) Schedule 4, definition "prescribed place", paragraph (b)-- 11
insert-- 12
`(xi) a war memorial; or'. 13
(7) Schedule 4, definition "time out", paragraph (k), from `for an 14
examination'-- 15
omit, insert-- 16
`for-- 17
(i) an examination of the person under this Act by a doctor or 18
dentist; or 19
(ii) the taking of a DNA sample by a DNA sampler; or 20
(iii) the taking of a blood or urine sample under chapter 8, part 5, 21
by a doctor or nurse.'. 22
33 The Weapons Act 1990, section 5 defines `weapon' as follows--
"weapon" means--
(a) a firearm; or
(b) another thing prescribed under a regulation; or
(c) a thing that would be a weapon mentioned in paragraph (a) or (b), if it
were not temporarily inoperable or incomplete;
but does not include an antique firearm.
s 29 83 s 30
Police Powers and Responsibilities and Other
Acts Amendment
ART 3--AMENDMENT OF DRUGS MISUSE ACT 1
P
1986 2
amended in pt 3 3
Act
Clause 29. This part amends the Drugs Misuse Act 1986. 4
of s 32 (Forfeiture of dangerous drugs) 5
Amendment
Clause 30.(1) Section 32(1), from `anything' to `alleged to be,'-- 6
omit, insert-- 7
`a thing, or any part of it, is any of the following,'. 8
(2) Section 32(3), `pursuant to subsection (1) shall be'-- 9
omit, insert-- 10
`under subsection (1) or (3) is, unless the contrary is proved,'. 11
(3) Section 32(6)-- 12
omit. 13
(4) Section 32(1A), (3) and (5)-- 14
renumber as section 32(2), (6) and (9). 15
(5) Section 32(2)-- 16
omit, insert-- 17
`(3) If, in a proceeding against a person for a charge of an offence against 18
a provision of part 2, the person admits to a court either of the following in 19
relation to a thing the charge alleges is or contains a dangerous drug, the 20
court may order that the thing be forfeited to the State-- 21
(a) the identity and quantity of the dangerous drug; 22
(b) the quantity, but not the identity of the thing alleged to be a 23
dangerous drug. 24
`(4) If the court makes an order on an application under subsection (1) or 25
(3), in relation to a thing that is or contains a dangerous drug, the court 26
must, in its order, make a finding of fact as to-- 27
s 31 84 s 31
Police Powers and Responsibilities and Other
Acts Amendment
(a) the identity of the dangerous drug; and 1
(b) the quantity of the thing ordered to be forfeited. 2
`(5) However, the court may not make an order of fact as to the identity 3
of a dangerous drug unless, under subsection (3), the person charged admits 4
the identity of the dangerous drug.'. 5
(6) Section 32(4)-- 6
omit, insert-- 7
`(7) Subsection (6) applies in relation to an order made under 8
subsection (1) on or after the commencement of this subsection only if a 9
representative sample of the thing forfeited is retained for analysis and, if 10
required, production before a court in a proceeding for a charge of an 11
offence to which the thing relates. 12
`(8) If a court finds a person guilty of an offence against a provision of 13
part 2, whether or not a conviction is recorded for the offence, any of the 14
following that is alleged to be involved in the offence is forfeited to the 15
State-- 16
(a) a dangerous drug for which an order was not made under 17
subsection (1) or (3); 18
(b) a chemical used or intended to be used in or for manufacturing a 19
dangerous drug; 20
(c) property contaminated by a chemical used in or for manufacturing 21
a dangerous drug.'. 22
ART 4--AMENDMENT OF JUSTICES ACT 1886 23
P
amended in pt 4 24
Act
Clause 31. This part amends the Justices Act 1886. 25
s 32 85 s 34
Police Powers and Responsibilities and Other
Acts Amendment
of s 39 (Power of court to order delivery of certain 1
Amendment
property) 2
Clause 32.(1) Section 39(1)(a), `the police or'-- 3
omit. 4
(2) Section 39(1), `a police officer,'-- 5
omit. 6
(3) Section 39-- 7
insert-- 8
`(6) In this section-- 9
"public officer", other than in relation to a thing seized by a police officer 10
that is in the possession of the crime commission or the criminal 11
justice commission, does not include a police officer.'. 12
ART 5--AMENDMENT OF JUVENILE JUSTICE 13
P
ACT 1992 14
amended in pt 5 15
Act
Clause 33. This part amends the Juvenile Justice Act 1992. 16
of s 19 (Police officer to consider alternatives to 17
Amendment
proceeding against child) 18
Clause 34. Section 19(1)-- 19
insert-- 20
s 35 86 s 37
Police Powers and Responsibilities and Other
Acts Amendment
`(d) to offer the child the opportunity to attend a drug diversion 1
assessment program under the Police Powers and 2
Responsibilities Act 2000, section 211.34'. 3
of s 226 (Preservation of confidentiality) 4
Amendment
Clause 35.(1) Section 226(1)(b) and (c)-- 5
renumber as section 226(1)(c) and (d). 6
(2) Section 226(1)-- 7
insert-- 8
`(b) for the purpose of the Police Powers and Responsibilities Act 9
2000, section 211;35 or'. 10
PART 6--AMENDMENT OF POLICE SERVICE 11
ADMINISTRATION ACT 1990 12
amended in pt 6 13
Act
Clause 36. This part amends the Police Service Administration Act 1990. 14
of s 10.1 (Improper disclosure of information) 15
Amendment
Clause 37.(1) Section 10.1(1), after paragraph (a), second mention-- 16
insert-- 17
34 Police Powers and Responsibilities Act 2000, section 211 (Additional case when
arrest for minor drugs offence may be discontinued)
35 Police Powers and Responsibilities Act 2000, section 211 (Additional case when
arrest for minor drugs offence may be discontinued)
s 38 87 s 39
Police Powers and Responsibilities and Other
Acts Amendment
`(aa) the information is about a person offered an opportunity to attend 1
a drug diversion assessment program under the Police Powers 2
and Responsibilities Act 2000, section 21136 and the disclosure is 3
made to the chief executive of the department within which the 4
Health Act 1937 is administered; or'. 5
(2) Section 10.1(1)(a) to (d), including section 10.1(1)(aa), as inserted-- 6
renumber as section 10.1(1)(a) to (g). 7
PART 7--AMENDMENT OF PROSTITUTION ACT 8
1999 9
amended in pt 7 10
Act
Clause 38. This part amends the Prostitution Act 1999. 11
of s 60 (Powers after entry) 12
Amendment
Clause 39. Section 60(2), from `subsection (1)(b)'-- 13
omit, insert-- 14
`subsection (1)(b), the Police Powers and Responsibilities Act 2000, 15
chapter 10, part 237 applies to the document or thing as if it were seized 16
under that Act.'. 17
36 Police Powers and Responsibilities Act 2000, section 211 (Additional case when
arrest for minor drugs offence may be discontinued)
37 Police Powers and Responsibilities Act 2000, chapter 10 (Other standard
safeguards), part 2 (Safeguards for things seized)
s 40 88 s 41
Police Powers and Responsibilities and Other
Acts Amendment
of s 75 (Exception to soliciting offences--police officers) 1
Amendment
Clause 40. Section 75(1), from `written instructions'-- 2
omit, insert-- 3
`an authority given under the Police Powers and Responsibilities Act 4
2000, chapter 5, part 3.38'. 5
of sch 3 (Amendment of other Acts and regulations) 6
Amendment
Clause 41. Schedule 3, amendments of Police Powers and Responsibilities Act 7
1997-- 8
omit. 9
10
38 Police Powers and Responsibilities Act 2000, chapter 5 (Controlled operations and
controlled activities), part 3 (Controlled activities)
89
Police Powers and Responsibilities and Other
Acts Amendment
SCHEDULE 1
¡
MINOR AMENDMENTS OF POLICE POWERS AND 2
RESPONSIBILITIES ACT 2000 3
section 3 4
1. Section 29(2)(b), `163'-- 5
omit, insert-- 6
`198'. 7
2. Section 32(3), `357'-- 8
omit, insert-- 9
`447'. 10
3. Section 32(4), `357'-- 11
omit, insert-- 12
`447'. 13
4. Section 79(2), `315'-- 14
omit, insert-- 15
`424 or 425'. 16
5. Section 80(3), `315'-- 17
omit, insert-- 18
`424 or 425'. 19
90
Police Powers and Responsibilities and Other
Acts Amendment
SCHEDULE (continued)
6. Section 163(1)(i), `356 or 357'-- 1
omit, insert-- 2
`444 or 445'. 3
7. Section 163(2), `chapter 6'-- 4
omit, insert-- 5
`chapter 7'. 6
8. Section 171(3), `chapter 6'-- 7
omit, insert-- 8
`chapter 7'. 9
9. Section 181(1), `180'-- 10
omit, insert-- 11
`217'. 12
10. Section 182(2)(b), `357'-- 13
omit, insert-- 14
`445'. 15
11. Section 183(1), `184'-- 16
omit, insert-- 17
`221'. 18
91
Police Powers and Responsibilities and Other
Acts Amendment
SCHEDULE (continued)
12. Section 186(1)(b), from `nominated by'-- 1
omit, insert-- 2
`nominated by that chief executive for the purpose, who holds an office 3
within the department for which the chief executive has responsibility.'. 4
13. Section 187(1)(c), `165 or 166'-- 5
omit, insert-- 6
`200 or 201'. 7
14. Section 187(2)(b), `chapter 6'-- 8
omit, insert-- 9
`chapter 7'. 10
15. Section 188, `chapter 6'-- 11
omit, insert-- 12
`chapter 7'. 13
16. Section 189(1)(a), `167'-- 14
omit, insert-- 15
`202'. 16
17. Section 194, from `nominated by'-- 17
omit, insert-- 18
`nominated by that chief executive for the purpose, who holds an office 19
within the department for which the chief executive has responsibility.'. 20
92
Police Powers and Responsibilities and Other
Acts Amendment
SCHEDULE (continued)
18. Section 197(3), `192(b)-- 1
omit, insert-- 2
`229(b)'. 3
19. Section 198(1), `197'-- 4
omit, insert-- 5
`234'. 6
20. Section 204, `200'-- 7
omit, insert-- 8
`237'. 9
21. Section 226(3), `227'-- 10
omit, insert-- 11
`264'. 12
22. Section 228(1), `226 or 227(7)'-- 13
omit, insert-- 14
`263 or 264(7)'. 15
23. Section 229(1), `226 and 227'-- 16
omit, insert-- 17
`263 and 264'. 18
93
Police Powers and Responsibilities and Other
Acts Amendment
SCHEDULE (continued)
24. Section 231, heading, `212-216, 222 and 224'-- 1
omit, insert-- 2
`249-253, 259 and 261'. 3
25. Section 231(1), `212 to 216, 222 and 224'-- 4
omit, insert-- 5
`249 to 253, 259 and 261'. 6
26. Section 251, example 1, `163'-- 7
omit, insert-- 8
`198'. 9
27. Section 262(b), `260 or 261'-- 10
omit, insert-- 11
`332 or 333'. 12
28. Section 265, `357'-- 13
omit, insert-- 14
`445'. 15
29. Section 280(2), `357'-- 16
omit, insert-- 17
`445'. 18
94
Police Powers and Responsibilities and Other
Acts Amendment
SCHEDULE (continued)
30. Section 290(1)(b), `289'-- 1
omit, insert-- 2
`361'. 3
31. Section 291(1), `290(2)(b)(i)'-- 4
omit, insert-- 5
`362(2)(b)(i)'. 6
32. Section 293, `290'-- 7
omit, insert-- 8
`362'. 9
33. Section 323(2), `279'-- 10
omit, insert-- 11
`351'. 12
34. Section 333(e), `chapter 6'-- 13
omit, insert-- 14
`chapter 7'. 15
35. Section 340(1), `339'-- 16
omit, insert-- 17
`403'. 18
95
Police Powers and Responsibilities and Other
Acts Amendment
SCHEDULE (continued)
36. Section 352(2), `351'-- 1
omit, insert-- 2
`415'. 3
37. Section 354(2), `339 or 349'-- 4
omit, insert-- 5
`403 or 413'. 6
38. Section 355(1), `339 or 349'-- 7
omit, insert-- 8
`403 or 413'. 9
39. Section 355(1), `354'-- 10
omit, insert-- 11
`418'. 12
40. Section 381, `287'-- 13
omit, insert-- 14
`359'. 15
41. Section 382(2), `299'-- 16
omit, insert-- 17
`371'. 18
96
Police Powers and Responsibilities and Other
Acts Amendment
SCHEDULE (continued)
42. Schedule 1, `163 and chapter 6'-- 1
omit, insert-- 2
`198 and chapter 7'. 3
43. Schedule 2, heading, `373'-- 4
omit, insert-- 5
`461'. 6
44. Schedule 3, heading, `373'-- 7
omit, insert-- 8
`461'. 9
45. Schedule 3, amendment 2 to Bail Act 1980, `chapter 6-- 10
omit, insert-- 11
`chapter 7'. 12
46. Schedule 3, amendment 5 to Bail Act 1980, `167'-- 13
omit, insert-- 14
`202'. 15
47. Schedule 3, amendment 9 to Bail Act 1980, `165'-- 16
omit, insert-- 17
`200'. 18
97
Police Powers and Responsibilities and Other
Acts Amendment
SCHEDULE (continued)
48. Schedule 3, amendment 17 to Domestic Violence (Family 1
Protection) Act 1989, `308'-- 2
omit, insert-- 3
`380'. 4
49. Schedule 4, definition "arrest warrant", `168'-- 5
omit, insert-- 6
`203'. 7
50. Schedule 4, definition "assistant", `301'-- 8
omit, insert-- 9
`373'. 10
51. Schedule 4, definition "authorised person", `chapter 8'-- 11
omit, insert-- 12
`chapter 9'. 13
52. Schedule 4, definition "authorised person", `273'-- 14
omit, insert-- 15
`345'. 16
53. Schedule 4, definition "detention period", `197(4)'-- 17
omit, insert-- 18
`234(4)'. 19
98
Police Powers and Responsibilities and Other
Acts Amendment
SCHEDULE (continued)
54. Schedule 4, definition "detention period", `200'-- 1
omit, insert-- 2
`237'. 3
55. Schedule 4, definition "electronic screening", `260 or 277'-- 4
omit, insert-- 5
`332 or 349'. 6
56. Schedule 4, definition "enforcement act", paragraph (a) `chapter 7
8'-- 8
omit, insert-- 9
`chapter 9'. 10
57. Schedule 4, definition "enforcement act", paragraphs (f) and (g), 11
`chapter 6'-- 12
omit, insert-- 13
`chapter 7'. 14
58. Schedule 4, definition "entity", `chapter 10'-- 15
omit, insert-- 16
`chapter 5 and in chapter 11'. 17
59. Schedule 4, definition "final nuisance direction", `299'-- 18
omit, insert-- 19
`371'. 20
99
Police Powers and Responsibilities and Other
Acts Amendment
SCHEDULE (continued)
60. Schedule 4, definition "identifying particulars notice", from `see'-- 1
omit, insert-- 2
`see section 272'. 3
61. Schedule 4, definition " initial nuisance direction", `298'-- 4
omit, insert-- 5
`370'. 6
62. Schedule 4, definition "list of support persons and interpreters", 7
`230'-- 8
omit, insert-- 9
`267'. 10
63. Schedule 4, definition "noise abatement direction", `288'-- 11
omit, insert-- 12
`360'. 13
64. Schedule 4, definition "notice to appear", `177(2)'-- 14
omit, insert-- 15
`214(2)'. 16
65. Schedule 4, definition "police officer", `chapter 8'-- 17
omit, insert-- 18
`chapter 9'. 19
100
Police Powers and Responsibilities and Other
Acts Amendment
SCHEDULE (continued)
66. Schedule 4, definition "prescribed authority", `363'-- 1
omit, insert-- 2
`451'. 3
67. Schedule 4, definition "question", `chapter 6'-- 4
omit, insert-- 5
`chapter 7'. 6
68. Schedule 4, definition "register of covert acts", `339'-- 7
omit, insert-- 8
`402'. 9
69. Schedule 4, definition "register of enforcement acts", `349'-- 10
omit, insert-- 11
`412'. 12
70. Schedule 4, definition "relevant person", paragraph (d), `196'-- 13
omit, insert-- 14
`233'. 15
71. Schedule 4, definition "relevant person', paragraphs (e) and (f)-- 16
omit, insert-- 17
`(e) for chapter 7, part 3--see section 246; and 18
(f) for chapter 8, part 3--see section 276.'. 19
101
Police Powers and Responsibilities and Other
Acts Amendment
SCHEDULE (continued)
72. Schedule 4, definition "removal order", `193'-- 1
omit, insert-- 2
`230'. 3
73. Schedule 4, definition "special event", `chapter 8'-- 4
omit, insert-- 5
`chapter 9'. 6
74. Schedule 4, definition "time out", paragraph (a), chapter 6'-- 7
omit, insert-- 8
`chapter 7'. 9
75. Schedule 4, definition "walk-through detector", `chapter 8'-- 10
omit, insert-- 11
`chapter 9'. 12
76. Schedule 4, definition "X-ray machine", `chapter 8'-- 13
omit, insert-- 14
`chapter 9'. 15
© State of Queensland 2000
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