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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Police Powers and
Responsibilities and Other
Acts Amendment Bill 2006
Queensland
Police Powers and Responsibilities and
Other Acts Amendment Bill 2006
Contents
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 2 Amendment of Police Powers and Responsibilities Act 2000
3 Act amended in pt 2 and sch 1 and references . . . . . . . . . . . . . . 16
4 Amendment of s 20 (Power to enter etc. for relevant laws) . . . . . 17
5 Amendment of s 28 (Prescribed circumstances for searching
persons without warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
6 Amendment of s 30 (Prescribed circumstances for searching
vehicles without warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7 Amendment of s 33 (Prescribed circumstances for requiring
name and address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
8 Insertion of new s 35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
35A Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
9 Amendment of s 37 (When power applies to behaviour) . . . . . . . 20
10 Amendment of s 38 (When power applies to a person's
presence) ..................................... 21
11 Amendment of s 39 (Direction may be given to person) . . . . . . . 21
12 Replacement of ss 4041. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
40 Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
13 Amendment of s 50 (Power for regulating traffic) . . . . . . . . . . . . . 22
14 Amendment of s 51 (Stopping vehicles for prescribed purposes) 23
15 Amendment of s 56 (Power to require vehicle inspections) . . . . . 23
16 Amendment of s 57 (Power to prohibit use of vehicles) . . . . . . . . 24
17 Amendment of s 58 (Power to prohibit persons driving). . . . . . . . 24
18 Amendment of s 59LP (When application to be heard--vehicle
related offence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
19 Amendment of s 59LQ (When application to be
heard--motorbike noise order offence) . . . . . . . . . . . . . . . . . . . . 25
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Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
20 Amendment of s 59LS (Consideration of application for
forfeiture order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
21 Amendment of s 59LU (Consideration of application for
forfeiture order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
22 Amendment of s 59O (Powers for enforcing court order) . . . . . . . 27
23 Amendment of s 59Q (Release of motor vehicle impounded
under section 59F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
24 Amendment of s 59ZI (Power for regulating traffic) . . . . . . . . . . . 27
25 Insertion of new ch 2D, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Part 3 Stopping animals for prescribed purposes
59ZJ Stopping animals for prescribed purposes . . . . . . . . . 28
59ZK Power to enable effective and safe exercise of other
powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
26 Amendment of s 71 (Order in search warrant about documents). 31
27 Insertion of new s 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
71A Order in search warrant about information necessary
to access information stored electronically. . . . . . . . . 31
28 Amendment of s 73 (What search warrant must state) . . . . . . . . 32
29 Amendment of s 74 (Powers under search warrant) . . . . . . . . . . 32
30 Amendment of s 108 (What production order must state) . . . . . . 32
31 Amendment of s 127 (What covert search warrant must state) . . 33
32 Replacement of s 131 (Report on covert search) . . . . . . . . . . . . 33
131 Report on covert search . . . . . . . . . . . . . . . . . . . . . . . 33
33 Amendment of s 132 (Object of ch 5). . . . . . . . . . . . . . . . . . . . . . 34
34 Amendment of s 135 (Authorised controlled activities) . . . . . . . . 34
35 Amendment of s 141 (Relationship to other laws and matters) . . 35
36 Amendment of s 197ZK (Relationship to other laws and matters) 36
37 Amendment of s 199 (Arrest of escapees etc.) . . . . . . . . . . . . . . 36
38 Amendment of s 203 (Arrest warrant application) . . . . . . . . . . . . 36
39 Amendment of s 204 (Issue of arrest warrant) . . . . . . . . . . . . . . . 37
40 Insertion of new s 205A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
205A Compliance with limitation of proceedings . . . . . . . . . 37
41 Insertion of new s 207A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
207A Effect of release under pt 4 . . . . . . . . . . . . . . . . . . . . 38
42 Amendment of s 211 (Additional case when arrest for minor
drugs offence may be discontinued). . . . . . . . . . . . . . . . . . . . . . . 38
43 Amendment of s 214 (Notice to appear may be issued for
offence) ....................................... 39
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Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
44 Amendment of s 219 (Notice to appear equivalent to a
complaint and summons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
45 Amendment of s 220 (Court may order immediate arrest of
person who fails to appear) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
46 Amendment of s 224 (Duty of police officer after arrest etc. of
person) .......................................... 41
47 Amendment of s 229 (Application of pt 2) . . . . . . . . . . . . . . . . . . 41
48 Amendment of s 318ZZB (Evidentiary provision). . . . . . . . . . . . . 42
49 Amendment of s 371AB (Powers for reportable deaths) . . . . . . . 43
50 Insertion of new ch 9, pt 5, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . 43
51 Insertion of new ch 9, pt 5, div 2, hdg. . . . . . . . . . . . . . . . . . . . . . 43
52 Amendment of s 372A (Police actions after domestic violence
order is made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
53 Amendment of s 373 (Assistance in exercising powers) . . . . . . . 44
54 Insertion of new ss 377B377C . . . . . . . . . . . . . . . . . . . . . . . . . . 45
377B Power to examine seized things . . . . . . . . . . . . . . . . . 45
377C Extent of power to examine seized things . . . . . . . . . 45
55 Replacement of s 380 (Receipt for seized property) . . . . . . . . . . 46
380 Receipt for seized property . . . . . . . . . . . . . . . . . . . . 46
56 Amendment of s 387 (Removal of clothing for search) . . . . . . . . 47
57 Amendment of s 390 (If video cameras monitor place where
person is searched) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
58 Amendment of s 391 (Safeguards for directions or requirements) 47
59 Insertion of new ch 11, pt 1, div 1, hdg. . . . . . . . . . . . . . . . . . . . . 48
60 Amendment of s 397 (Transfer of persons in watch-houses) . . . . 48
61 Insertion of new ch 11, pt 1, div 2. . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 2 Watch-house officer's functions and powers
Subdivision 1 Functions
397A Functions of watch-house officers . . . . . . . . . . . . . . . 49
Subdivision 2 Powers for screening of entrants to
watch-houses
397B Power to require reasons for entry to watch-houses . 49
397C Use of electronic screening devices in watch-houses 49
397D Watch-house officer may ask entrant to remove outer
garment etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
397E Direction by watch-house officer to leave
watch-house .......................... 51
397F Seizure of proscribed things. . . . . . . . . . . . . . . . . . . . 51
397G Refusal of entry to and removal from watch-house . . 51
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Subdivision 3 Powers relating to persons in custody in or
reporting to watch-house
397H Watch-house officer may require person to state
name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
397I Watch-house officer may search person in custody
at watch-house . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
397J Watch-house officer may take identifying particulars
of person at watch-house . . . . . . . . . . . . . . . . . . . . . . 53
397K Commissioner may authorise watch-house officer to
take DNA samples of person at watch-house . . . . . . 53
397L Power to use force against individual at watch-house 54
397M Power to use force--transfer etc. of person in
custody to or from court cell or other place . . . . . . . . 54
Subdivision 4 Provisions about exercise of particular powers
397N Search of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
397O Property seized during search etc.. . . . . . . . . . . . . . . 56
397P Giving directions and making requirements . . . . . . . . 56
397Q Making entries in registers . . . . . . . . . . . . . . . . . . . . . 57
397R Responsibilities code . . . . . . . . . . . . . . . . . . . . . . . . . 57
397S Custody continues while person in custody is being
transferred or escorted by watch-house officer . . . . . 57
62 Amendment of s 415 (Persons to be given copy of information
in register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
63 Amendment of s 416 (Restriction on disclosure of certain
information) ....................................... 58
64 Amendment of s 420 (Application of pt 3) . . . . . . . . . . . . . . . . . . 58
65 Insertion of new ss 422A422B . . . . . . . . . . . . . . . . . . . . . . . . . . 59
422A Particular provision about handling animals in the
possession of the police service . . . . . . . . . . . . . . . . 59
422B Forfeiture in particular cases . . . . . . . . . . . . . . . . . . . 59
66 Replacement of ch 11, pt 3, div 2, hdg. . . . . . . . . . . . . . . . . . . . . 60
67 Amendment of s 423 (Return of seized things) . . . . . . . . . . . . . . 60
68 Insertion of new s 423A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
423A Application by owner etc. for return of relevant thing . 61
69 Replacement of s 424 (Application by owner etc. for return of
relevant things) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
424 Application by owner etc. for court order for return of
relevant thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
70 Amendment of s 425 (Application by police officer for order if
ownership dispute) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
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Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
71 Amendment of s 426 (Application for order in relation to seized
things) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
72 Amendment of s 427 (Orders issuer may make in relation to
seized thing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
73 Insertion of new ss 427A427D . . . . . . . . . . . . . . . . . . . . . . . . . . 64
427A Cost recovery for animal held by commissioner
under order under s 427. . . . . . . . . . . . . . . . . . . . . . . 65
427B Voluntary surrender of animal to State . . . . . . . . . . . . 66
427C Appeal if letter of demand given under s 427A . . . . . 66
427D Deciding appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
74 Replacement of ch 11, pt 3, div 3. . . . . . . . . . . . . . . . . . . . . . . . . 67
Division 3 Dealing with controlled drugs, dangerous
drugs etc.
Subdivision 1 Preliminary
430 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
431 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
Subdivision 2 General provisions about destruction of drug
matter
432 Destruction of drug matter soon after it is seized etc. 68
433 Steps police officer must take before destroying drug
matter under s 432 . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
433A Alternative to destruction if drug matter is thing used
in the commission of a drug offence. . . . . . . . . . . . . . 70
Subdivision 3 Destruction of drug matter if notice required
433B Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 70
433C Definitions for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 70
433D Destruction notice may be given to person . . . . . . . . 71
433E What destruction notice must state . . . . . . . . . . . . . . 71
433F Making sample of drug matter available. . . . . . . . . . . 72
433G When drug matter may be destroyed . . . . . . . . . . . . . 73
75 Amendment of s 435 (What is the appointed day for disposal of
weapons under s 434) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
76 Amendment of s 438 (Order for forfeiture of particular relevant
things) ........................................... 74
77 Amendment of s 441 (Dealing with forfeited things) . . . . . . . . . . . 74
78 Insertion of new ch 11, pt 3, div 9. . . . . . . . . . . . . . . . . . . . . . . . . 75
Division 9 Evidentiary provisions
443AA Evidentiary provision about particular things in the
possession of the police service . . . . . . . . . . . . . . . . 75
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Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
79 Insertion of new ch 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
Chapter 11A Provisions about evading police officers
Part 1 Preliminary
Division 1 Explanation
443V Explanation of ch 11A . . . . . . . . . . . . . . . . . . . . . . . . 76
Division 2 Interpretation
443W Definitions for ch 11A . . . . . . . . . . . . . . . . . . . . . . . . . 77
443X Giving a direction for ch 11A . . . . . . . . . . . . . . . . . . . 79
443Y What is a warning light for ch 11A . . . . . . . . . . . . . . . 80
443Z When a person is charged for this chapter in relation
to an evasion offence if proceeding for the offence is
started by notice to appear or arrest . . . . . . . . . . . . . 81
443ZA Impounding or forfeiture of motor vehicle is in
addition to other punishment . . . . . . . . . . . . . . . . . . . 81
443ZB Interaction between ch 2B and this chapter . . . . . . . . 81
Division 3 Relationship with Consumer Credit Code
443ZC Relationship with Consumer Credit Code . . . . . . . . . 82
Part 2 Offences and related provisions
Division 1 Offences
443ZD Offence for driver of motor vehicle to fail to stop
motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 2 Matters about investigation of evasion offence
443ZE When evasion offence notice may be given to owner
of motor vehicle involved in offence . . . . . . . . . . . . . . 83
443ZF Who may be prosecuted for evasion offence if no
response to evasion offence notice . . . . . . . . . . . . . . 84
Division 3 Evidentiary provisions
443ZG Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . 85
Part 3 Obtaining impounding and forfeiture orders
Division 1 Application provisions
443ZH Application for impounding order for evasion offence. 86
443ZI Application for forfeiture order for evasion offence . . . 86
Division 2 Orders if offence not decided
443ZJ Orders on application for impounding order if evasion
offence not decided . . . . . . . . . . . . . . . . . . . . . . . . . . 87
443ZK Orders on application for forfeiture order if evasion
offence not decided . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Division 3 Advice of date of hearing
443ZL Advice to owner of date of hearing. . . . . . . . . . . . . . . 88
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Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Part 4 Deciding applications
Division 1 Where and when application may be heard
443ZM Where application is to be decided . . . . . . . . . . . . . . 88
443ZN When application to be heard. . . . . . . . . . . . . . . . . . . 89
Division 2 Consideration of applications
443ZO Consideration of application for impounding order . . . 89
443ZP Consideration of application for forfeiture order . . . . . 90
Division 3 Other provisions about applications and orders
Subdivision 1 Community service orders
443ZQ Community service instead of impounding or
forfeiture order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Subdivision 2 Costs orders if child found guilty of evasion
offence
443ZR Costs order if child found guilty of evasion offence . . 92
443ZS Application of applied sections for s 443ZR . . . . . . . . 92
Subdivision 3 Offences
443ZT Motor vehicle not to be sold etc. before charge of
offence is decided. . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
443ZU Offence to remove motor vehicle impounded under
court order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Subdivision 4 General
443ZV Defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
443ZW Counting the occasions . . . . . . . . . . . . . . . . . . . . . . . 95
443ZX Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
443ZY Powers for enforcing court order . . . . . . . . . . . . . . . . 97
443ZZ Duties of police officer after impounding or seizing
motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
443ZZA Police officer may authorise tow . . . . . . . . . . . . . . . . . 99
Part 5 Other provisions
Division 1 Liability for costs of impounding
443ZZB Liability to pay costs of impounding--adult driver . . . 99
443ZZC Liability to pay costs--child driver . . . . . . . . . . . . . . . 100
443ZZD Payment of costs if motor vehicle not recovered . . . . 100
443ZZE Registration of costs under State Penalties
Enforcement Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . 100
Division 2 Release of impounded motor vehicle
443ZZF Release of motor vehicle impounded under court
order ................................. 101
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Police Powers and Responsibilities and Other Acts
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Division 3 Sale, transfer or disposal of impounded or
forfeited motor vehicle
443ZZG Sale of motor vehicle if not recovered after
impounding ends . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
443ZZH Voluntary transfer of ownership of motor vehicle to
State .................................. 102
443ZZI Disposal of forfeited motor vehicle . . . . . . . . . . . . . . . 103
443ZZJ Application of proceeds of sale . . . . . . . . . . . . . . . . . 103
Division 4 Other provisions
443ZZK Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 103
443ZZL Third party protection from forfeiture order. . . . . . . . . 104
443ZZM Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
80 Replacement of s 447 (Assistance at fire or chemical incidents) . 106
447 Helping at fire or hazardous materials emergency. . . 106
81 Insertion of new s 447B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
447B Disposal of clothing of deceased person . . . . . . . . . . 106
82 Amendment of s 448 (Assistance to courts, etc.). . . . . . . . . . . . . 106
83 Amendment of s 455 (Compensation) . . . . . . . . . . . . . . . . . . . . . 107
84 Insertion of new s 459A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
459A Renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 107
85 Insertion of new ch 13, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Part 7 Transitional and Other provisions for Police
Powers and Responsibilities and Other Acts
Amendment Act 2006
509 Particular evidentiary certificates under s 318ZZB. . . 109
510 Effect of declaration under s 371F . . . . . . . . . . . . . . . 109
511 Transitional provision for former s 432 . . . . . . . . . . . . 110
512 Controlled activities . . . . . . . . . . . . . . . . . . . . . . . . . . 110
513 Transitional regulation-making power . . . . . . . . . . . . . 110
86 Insertion of new schs 3A3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Schedule 3A Renumbered cross-references
Schedule 3B Additional controlled activity offences
87 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 123
Part 3 Amendment of Criminal Code
88 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
89 Amendment of s 340 (Serious assaults) . . . . . . . . . . . . . . . . . . . 128
Part 4 Amendment of Crime and Misconduct Act 2001
90 Act amended in pt 4 and references. . . . . . . . . . . . . . . . . . . . . . . 129
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91 Omission of ch 3, pt 6A, div 5 (Special provisions about creating
identity documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
92 Insertion of new ch 3, pt 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Part 6B Assumed identities
Division 1 Preliminary
146O Purpose of pt 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
146P How purpose is achieved . . . . . . . . . . . . . . . . . . . . . . 129
146Q Definitions for pt 6B . . . . . . . . . . . . . . . . . . . . . . . . . . 130
146R Relationship to other laws . . . . . . . . . . . . . . . . . . . . . 131
Division 2 Authorities for assumed identities
146S Application for authority to acquire or use assumed
identity .................................. 131
146T Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 132
146U Form of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
146V Period of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
146W Variation or cancellation of authority . . . . . . . . . . . . . 135
146X Review of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Division 3 Evidence of assumed identities
Subdivision 1 Creation of birth certificates for assumed
identities
146Y Approval for creation of birth certificate for assumed
identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
146Z Giving effect to birth certificate approval . . . . . . . . . . 136
146ZA Destruction of birth certificate created under s 146Z . 137
Subdivision 2 Other provisions about evidence of assumed
identities
146ZB Request for evidence of assumed identity . . . . . . . . . 137
146ZC Government issuing agency to comply with request . 138
146ZD Non-government issuing agency may comply with
request ................................. 138
146ZE Cancelling evidence of assumed identity . . . . . . . . . . 138
Subdivision 3 Protections and indemnities
146ZF Protection from criminal responsibility--officer of
issuing agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
146ZG Indemnity for issuing agency and officers in relation
to creation of birth certificates . . . . . . . . . . . . . . . . . . 139
146ZH Indemnity for issuing agency and officers in relation
to other evidence of assumed identities . . . . . . . . . . . 139
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Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
146ZI Protection from criminal responsibility for particular
ancillary conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
Division 4 Effect of authorities
146ZJ Assumed identity may be acquired and used. . . . . . . 140
146ZK Protection from criminal responsibility--authorised
person ................................. 141
146ZL Indemnity for authorised person . . . . . . . . . . . . . . . . . 141
146ZM Particular qualifications . . . . . . . . . . . . . . . . . . . . . . . 142
146ZN Effect of being unaware of variation or cancellation
of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
Division 5 Misuse of assumed identity and information
146ZO Misuse of assumed identity . . . . . . . . . . . . . . . . . . . . 143
146ZP Disclosing information about assumed identity . . . . . 144
Division 6 Reporting and record keeping
146ZQ Report about authorities for assumed identities etc. . 145
146ZR Record keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
146ZS Audit of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
Division 7 Delegation
146ZT Delegation generally. . . . . . . . . . . . . . . . . . . . . . . . . . 147
146ZU Delegation--chairperson . . . . . . . . . . . . . . . . . . . . . . 147
93 Amendment of s 255 (Secondment of officers) . . . . . . . . . . . . . . 147
94 Amendment of s 381 (Transitional provisions for authorities for
birth certificates). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
95 Amendment of s 382 (Identity documents other than birth
certificates) ....................................... 148
96 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 149
Part 5 Amendment of Domestic and Family Violence Protection
Act 1989
97 Act amended in part 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
98 Amendment of s 47 (Service of application on respondent may
be accompanied by summons) . . . . . . . . . . . . . . . . . . . . . . . . . . 150
99 Amendment of s 49 (Non-appearance of respondent) . . . . . . . . . 150
100 Amendment of s 69 (Presence at domestic violence incident). . . 150
101 Replacement of s 70 (Duty of police officer who has taken a
person into custody under s 69) . . . . . . . . . . . . . . . . . . . . . . . . . . 151
70 Duty of police officer who has taken a person into
custody under s 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
102 Amendment of s 71 (Police officer must apply for protection
order etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
11
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
103 Amendment of s 75 (Entry of registers) . . . . . . . . . . . . . . . . . . . . 152
104 Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Part 6 Amendment of Drugs Misuse Act 1986
105 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
106 Insertion of new ss 122A122C . . . . . . . . . . . . . . . . . . . . . . . . . . 153
122A Particular proceedings for minor drugs offences . . . . 153
122B Provision of information to court. . . . . . . . . . . . . . . . . 153
122C Further consideration of charge of minor drugs
offence ............................... 154
Part 7 Amendment of Evidence Act 1977
107 Act amended in pt 7 and references. . . . . . . . . . . . . . . . . . . . . . . 155
108 Amendment of s 21G (Form of witness identity protection
certificate) ....................................... 155
109 Amendment of s 21KE (Review of giving of witness identity
protection certificate by police service) . . . . . . . . . . . . . . . . . . . . 155
110 Amendment of s 54 (Proof of identity of a person convicted). . . . 155
Part 8 Amendment of Police Service Administration Act 1990
111 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
112 Amendment of s 1.4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . 156
113 Amendment of s 4.9 (Commissioner's directions) . . . . . . . . . . . . 156
114 Insertion of new pt 5, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 156
115 Insertion of new pt 5, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Division 2 Watch-house officers
5.18 Appointment of watch-house officers . . . . . . . . . . . . . 157
116 Amendment of s 5A.2 (Definitions for pt 5A) . . . . . . . . . . . . . . . . 157
117 Insertion of new s 5A.4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
5A.4A Analysts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
118 Amendment of sch (Relevant information) . . . . . . . . . . . . . . . . . . 158
Part 9 Other Acts amended
119 Acts amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
Schedule 1 Minor amendments of Police Powers and Responsibilities
Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159
Schedule 2 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
Australian Crime Commission (Queensland) Act 2003 . . . . . . . . 163
Summary Offences Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
Tow Truck Act 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
Weapons Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
2006
A BILL
for
An Act to amend the Police Powers and Responsibilities Act
2000, and for related purposes
s1 14 s2
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Police Powers and 4
Responsibilities and Other Acts Amendment Act 2006. 5
Clause 2 Commencement 6
(1) This Act, other than the following provisions, commences on 7
a day to be fixed by proclamation-- 8
(a) sections 3, 8 to 25, 31 to 37 and 53; 9
(b) section 85, other than to the extent it inserts new 10
sections 510, 512 and 513; 11
(c) section 86, to the extent it inserts schedule 3B; 12
(d) section 87(2), to the extent it inserts the definitions 13
prescribed place and regulated place; 14
(e) parts 3 and 4; 15
(f) sections 107, 108 and 109; 16
(g) schedule 1, amendments 7 and 8. 17
(2) Sections 13 to 17 commence on 1 July 2006. 18
(3) Sections 18 to 23 and schedule 1, amendments 7 and 8 19
commence immediately after the commencement of section 7 20
of the Police Powers and Responsibilities (Motorbike Noise) 21
Amendment Act 2005. 22
(4) Sections 24 and 25 commence immediately after the 23
commencement of section 14 of the Police Powers and 24
Responsibilities (Motorbike Noise) Amendment Act 2005. 25
(5) Sections 31 and 32 commence immediately after the 26
commencement of schedule 1, amendment 8 of the 27
s2 15 s2
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Cross-Border Law Enforcement Legislation Amendment Act 1
2005. 2
(6) If this section commences before the commencement of 3
section 12 of the Cross-Border Law Enforcement Legislation 4
Amendment Act 2005, sections 3, 33(1), 34(1), 35 and 36 and 5
section 85, to the extent it inserts new sections 512 and 513, 6
commence immediately after the commencement of section 7
12 of that Act. 8
(7) However, if this section commences after the commencement 9
of section 12 of the Cross-Border Law Enforcement 10
Legislation Amendment Act 2005, sections 3, 33(1), 34(1), 35 11
and 36 and section 85, to the extent it inserts new sections 512 12
and 513, are taken to have commenced immediately after the 13
commencement of section 12 of that Act. 14
(8) If this section commences before the commencement of 15
section 511 of the Cross-Border Law Enforcement Legislation 16
Amendment Act 2005, sections 107, 108 and 109 commence 17
immediately after the commencement of section 51 of that 18
Act. 19
(9) However, if this section commences after the commencement 20
of section 51 of the Cross-Border Law Enforcement 21
Legislation Amendment Act 2005, sections 107, 108 and 109 22
are taken to have commenced immediately after the 23
commencement of section 51 of that Act. 24
(10) If this section commences before the commencement of 25
section 69 of the Cross-Border Law Enforcement Legislation 26
Amendment Act 2005, part 4 commences immediately after 27
the commencement of section 69 of that Act. 28
(11) However, if this section commences after the commencement 29
of section 69 of the Cross-Border Law Enforcement 30
Legislation Amendment Act 2005, part 4 is taken to have 31
commenced immediately after the commencement of section 32
69 of that Act. 33
1 Cross-Border Law Enforcement Legislation Amendment Act 2005, section 51
(Replacement of pt 2, div 5 (Witness anonymity))
s3 16 s3
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(12) Sections 33(2) and (3), 34(2) to (6) and 86, to the extent it 1
inserts schedule 3B, commence immediately after the 2
commencement of sections 33(1) and 34(1). 3
(13) Sections 85, to the extent it inserts section 510, and 87(2), to 4
the extent it inserts the definitions prescribed place and 5
regulated place, and part 3 commence on the date of assent. 6
(14) Section 37 commences on the later of the following-- 7
(a) the date of assent; 8
(b) the commencement of the Corrective Services Act 2006, 9
section 112.2 10
(15) Section 53 commences, or is taken to have commenced, 11
immediately after the commencement of the Cross-Border 12
Law Enforcement Legislation Amendment Act 2005, section 13
13.3 14
Part 2 Amendment of Police Powers 15
and Responsibilities Act 2000 16
Clause 3 Act amended in pt 2 and sch 1 and references 17
(1) This part and schedule 1 amend the Police Powers and 18
Responsibilities Act 2000. 19
(2) Also, a reference in this part or schedule 1 to-- 20
(a) sections 127 and 131 of the Police Powers and 21
Responsibilities Act 2000 is a reference to the provisions 22
as renumbered and relocated by the Cross-Border Law 23
Enforcement Legislation Amendment Act 2005, schedule 24
1; or 25
2 Corrective Services Act 2006, section 112 (Arresting prisoner unlawfully at large)
3 Cross-Border Law Enforcement Legislation Amendment Act 2005, section 13
(Amendment of s 373 (Assistance in exercising powers))
s4 17 s4
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(b) sections 132, 135, 141, 197ZI and 197ZK is a reference 1
to the provisions as inserted by the Cross-Border Law 2
Enforcement Legislation Amendment Act 2005. 3
(3) In addition, a reference in this part or schedule 1 to section 4
59LP, 59LQ, 59LS, 59LU, 59LX, 59LY, 59Q or 59ZI, chapter 5
2D or section 367A of the Police Powers and Responsibilities 6
Act 2000 is a reference to the provisions as inserted by the 7
Police Powers and Responsibilities (Motorbike Noise) 8
Amendment Act 2005. 9
(4) Subsections (2) and (3) and this subsection expire 10
immediately after the last amendment of the provisions 11
mentioned in subsection (2) or (3) commences. 12
Clause 4 Amendment of s 20 (Power to enter etc. for relevant laws) 13
(1) Section 20(5)-- 14
renumber as section 20(6). 15
(2) Section 20(4)-- 16
omit, insert-- 17
`(4) Each of the following persons is taken for this section to be a 18
licence holder under a relevant law-- 19
(a) a person who is required under the Drugs Misuse Act 20
1986, section 43D to keep a register;4 21
(b) a person who is required under the Road Use 22
Management Act, section 133 to keep a register;5 23
(c) a person who is required under the Health Act 1937, or a 24
regulation under that Act, to make a record in relation to 25
a sale by retail of a substance that is a prescribed item. 26
27
Note--
28
At the time of enactment of this subsection, the Health (Drugs and
29
Poisons) Regulation 1996 requires a person who sells particular poisons
4 Drugs Misuse Act 1986, section 43D (Requirements for supply of controlled
substance under relevant transactions)
5 Road Use Management Act, section 133 (Occupiers of garages etc. to keep register
of repairs)
s5 18 s6
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
1
by retail to make a record relating to those sales. Those poisons include
2
pseudoephedrine as an S3 poison within the meaning of that regulation.
3
If pseudoephedrine as an S3 poison were declared to be a prescribed
4
item, the person selling it would be taken under paragraph (c) to be a
5
licence holder under a relevant law.
`(5) Also, each of the following places is taken for this section to 6
be a place used under a licence under a relevant law-- 7
(a) a place used by a person to carry out activities for which 8
entries must be made in a register as mentioned in 9
subsection (4)(a) or (b); 10
(b) a place used by a person to carry out activities for which 11
records must be made as mentioned in subsection 12
(4)(c).'. 13
Clause 5 Amendment of s 28 (Prescribed circumstances for 14
searching persons without warrant) 15
(1) Section 28(a)(vi), `the police officer reasonably suspects'-- 16
omit, insert-- 17
`that'. 18
(2) Section 28(a)-- 19
insert-- 20
`(vii)evidence of the commission of an offence against 21
the Criminal Code, section 4696 that may be 22
concealed on the person or destroyed if, in the 23
circumstances of the offence, the offence is not a 24
seven year imprisonment offence; or 25
(viii) evidence of the commission of an offence against 26
the Summary Offences Act 2005, section 17;7'. 27
Clause 6 Amendment of s 30 (Prescribed circumstances for 28
searching vehicles without warrant) 29
(1) Section 30, `the vehicle may have in it something'-- 30
6 Criminal Code, section 469 (Wilful damage)
7 Summary Offences Act 2005, section 17 (Graffiti instrument)
s7 19 s7
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
omit, insert-- 1
`there is something in the vehicle'. 2
(2) Section 30(g), first dot point-- 3
omit, insert-- 4
`· the Racing Act 2002'. 5
(3) Section 30(j), `the police officer reasonably suspects'-- 6
omit, insert-- 7
`that'. 8
(4) Section 30(k)-- 9
renumber as section 30(m). 10
(5) Section 30-- 11
insert-- 12
`(k) may be evidence of the commission of an offence 13
against the Criminal Code, section 4698 that may be 14
concealed on the person or destroyed if, in the 15
circumstances of the offence, the offence is not a seven 16
year imprisonment offence; or 17
(l) may be evidence of the commission of an offence 18
against the Summary Offences Act 2005, section 17;9 19
or'. 20
Clause 7 Amendment of s 33 (Prescribed circumstances for 21
requiring name and address) 22
(1) Section 33(b), after `an offence'-- 23
insert-- 24
`, including an extradition offence'. 25
(2) Section 33(c)(ii), `, 318D'-- 26
omit. 27
8 Criminal Code, section 469 (Wilful damage)
9 Summary Offences Act 2005, section 17 (Graffiti instrument)
s8 20 s9
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 8 Insertion of new s 35A 1
Chapter 2, part 4, before section 36-- 2
insert-- 3
`35A Application of pt 4 4
`This part applies in relation to the following places 5
(regulated places)-- 6
(a) public places; 7
(b) prescribed places that are not also public places.'. 8
Clause 9 Amendment of s 37 (When power applies to behaviour) 9
(1) Section 37(1), `prescribed place'-- 10
omit, insert-- 11
`regulated place'. 12
(2) Section 37(2), (3) and (4)-- 13
renumber as section 37(3), (5) and (6). 14
(3) Section 37(5), as renumbered by subsection (2), `prescribed 15
place'-- 16
omit, insert-- 17
`regulated place'. 18
(4) Section 37-- 19
insert-- 20
`(2) If the regulated place is a public place, subsection (1) applies 21
in relation to a person at or near the public place only if the 22
person's behaviour has or had the effect mentioned in 23
subsection (1)(a), (b), (c) or (d) in the part of the public place 24
at or near where the person then is.'. 25
(5) Section 37-- 26
insert-- 27
`(4) However, subsections (1)(b) and (3) do not limit subsection 28
(1)(a), (c) and (d).'. 29
s 10 21 s 11
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 10 Amendment of s 38 (When power applies to a person's 1
presence) 2
(1) Section 38(1), `prescribed place'-- 3
omit, insert-- 4
`regulated place'. 5
(2) Section 38(2) and (3)-- 6
renumber as section 38(3) and (5). 7
(3) Section 38-- 8
insert-- 9
`(2) If the regulated place is a public place, subsection (1) applies 10
in relation to a person at or near the public place only if the 11
person's presence has or had the effect mentioned in 12
subsection (1)(a), (b) or (c) in the part of the public place at or 13
near where the person then is.'. 14
(4) Section 38-- 15
insert-- 16
`(4) However, subsections (1)(b) and (3) do not limit subsection 17
(1)(a) and (c).'. 18
Clause 11 Amendment of s 39 (Direction may be given to person) 19
Section 39(3)-- 20
omit, insert-- 21
`(3) Without limiting subsection (1), a direction may require a 22
person to do 1 of the following-- 23
(a) leave the regulated place and not return or be within the 24
regulated place within a stated reasonable time of not 25
more than 24 hours; 26
(b) leave a stated part of the regulated place and not return 27
or be within the stated part of the regulated place within 28
a stated reasonable time of not more than 24 hours; 29
(c) move from a particular location at or near the regulated 30
place for a stated reasonable distance, in a stated 31
direction, and not return or be within the stated distance 32
s 12 22 s 13
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
from the place within a stated reasonable time of not 1
more than 24 hours.'. 2
Clause 12 Replacement of ss 4041 3
Sections 40 and 41-- 4
omit, insert-- 5
`40 Review 6
`(1) The CMC must review the use by police officers of powers 7
under this part and prepare a report on the review. 8
`(2) The review must be started as soon as practicable after 31 9
December 2007. 10
`(3) The conduct of the review and the preparation of the report is 11
a function of the CMC for the Crime and Misconduct Act 12
2001. 13
`(4) In the course of preparing the report, the CMC must consult 14
with the Minister. 15
`(5) The CMC must give a copy of the report to the Speaker for 16
tabling in the Legislative Assembly.'. 17
Clause 13 Amendment of s 50 (Power for regulating traffic) 18
(1) Section 50, heading, after `regulating'-- 19
insert-- 20
`vehicular and pedestrian'. 21
(2) Section 50(1) and (2), `, signal or order'-- 22
omit. 23
(3) Section 50(3)-- 24
omit, insert-- 25
`(3) Without limiting subsection (1), a police officer may act under 26
that subsection if the police officer reasonably suspects an 27
emergency exists or it is otherwise necessary to temporarily 28
prohibit, divert or direct traffic and pedestrians. 29
s 14 23 s 15
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
1
Examples for subsection (3)--
2
1 A siege where firearms are being discharged and members of the
3
public may be hurt.
4
2 A serious or fatal road accident requiring treatment of injured
5
persons, removal of bodies, wreckage to be cleared or evidence to
6
be gathered for investigating the cause of the accident.'.
(4) Section 50(4), `or (3)'-- 7
omit. 8
Clause 14 Amendment of s 51 (Stopping vehicles for prescribed 9
purposes) 10
Section 51(1), after `a train'-- 11
insert-- 12
`or a vehicle being pulled by an animal'. 13
Clause 15 Amendment of s 56 (Power to require vehicle 14
inspections) 15
(1) Section 56(1)-- 16
omit, insert-- 17
`(1) If a police officer reasonably suspects a vehicle may not 18
comply with a transport Act, the police officer may require 19
either of the following to have the vehicle inspected at a stated 20
reasonable time and place-- 21
(a) the owner of the vehicle; 22
(b) if there is a registered operator for the vehicle and the 23
registered operator, apart from being the registered 24
operator, is not the owner of the vehicle--the registered 25
operator for the vehicle.'. 26
(2) Section 56-- 27
insert-- 28
`(4) In this section-- 29
owner, of a vehicle, has the meaning given under the Road 30
Use Management Act, schedule 4.'. 31
s 16 24 s 18
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 16 Amendment of s 57 (Power to prohibit use of vehicles) 1
(1) Section 57(1), after `owner'-- 2
insert-- 3
`or, if there is a registered operator for the vehicle and the 4
registered operator, apart from being the registered operator, is 5
not the owner of the vehicle, its registered operator,'. 6
(2) Section 57(5), after `owner'-- 7
insert-- 8
`or registered operator'. 9
(3) Section 57(8), definition owner, after `Act'-- 10
insert-- 11
`, schedule 4'. 12
Clause 17 Amendment of s 58 (Power to prohibit persons driving) 13
(1) Section 58(1), `driver'-- 14
omit, insert-- 15
`person in control'. 16
(2) Section 58(2), `driver'-- 17
omit, insert-- 18
`person in control'. 19
(3) Section 58(2), `a vehicle'-- 20
omit, insert-- 21
`the vehicle'. 22
Clause 18 Amendment of s 59LP (When application to be 23
heard--vehicle related offence) 24
Section 59LP-- 25
insert-- 26
`(3) However, if, after an application for a forfeiture order in 27
relation to a vehicle related offence is made-- 28
s 19 25 s 19
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(a) the person to whom the application relates is found not 1
guilty of 1 of the vehicle related offences or the 2
proceeding for 1 of the offences is discontinued; and 3
(b) no motor vehicle has previously been impounded for a 4
vehicle related offence committed within the relevant 5
period on an application for an impounding order made 6
in relation to that person for an offence to which the 7
application for the forfeiture order relates; 8
the relevant court may hear and decide the application for the 9
forfeiture order as if it were an application for an impounding 10
order. 11
`(4) An application to which subsection (3) applies is taken, for 12
divisions 2 and 3, to be an application for an impounding 13
order.'. 14
Clause 19 Amendment of s 59LQ (When application to be 15
heard--motorbike noise order offence) 16
Section 59LQ-- 17
insert-- 18
`(3) However, if, after an application for a forfeiture order in 19
relation to a motorbike noise order offence is made-- 20
(a) the person to whom the application relates is found not 21
guilty of 1 of the motorbike noise order offences or the 22
proceeding for 1 of the offences is discontinued; and 23
(b) no motorbike has previously been impounded for a 24
motorbike noise order offence committed within the 25
relevant period on an application for an impounding 26
order made in relation to that person for an offence to 27
which the application for the forfeiture order relates; 28
the relevant court may hear and decide the application for the 29
forfeiture order as if it were an application for an impounding 30
order. 31
`(4) An application to which subsection (3) applies is taken, for 32
divisions 2 and 3, to be an application for an impounding 33
order.'. 34
s 20 26 s 21
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 20 Amendment of s 59LS (Consideration of application for 1
forfeiture order) 2
Section 59LS(2)-- 3
omit, insert-- 4
`(2) If-- 5
(a) under subsection (1), the relevant court orders the 6
impounding of the motor vehicle to which the 7
application relates; and 8
(b) a relevant court has previously made an impounding 9
order under section 59LR for a vehicle related offence 10
committed within the relevant period and forming the 11
basis of the application; 12
the motor vehicle is impounded under subsection (1) for the 13
vehicle related offence giving rise to the application for the 14
forfeiture order and not for a vehicle related offence to which 15
the impounding order under section 59LR relates.'. 16
Clause 21 Amendment of s 59LU (Consideration of application for 17
forfeiture order) 18
Section 59LU(2)-- 19
omit, insert-- 20
`(2) If-- 21
(a) under subsection (1), the relevant court orders the 22
impounding of the motorbike to which the application 23
relates; and 24
(b) a relevant court has previously made an impounding 25
order under section 59LT for a motorbike noise order 26
offence committed within the relevant period and 27
forming the basis of the application; 28
the motorbike is impounded under subsection (1) for the 29
motorbike noise order offence giving rise to the application 30
for the forfeiture order and not for the motorbike noise order 31
offence to which the impounding order under section 59LT 32
relates.'. 33
s 22 27 s 24
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 22 Amendment of s 59O (Powers for enforcing court order) 1
(1) Section 59O(2), `seize'-- 2
omit, insert-- 3
`impound, or if the motor vehicle is forfeited to the State, take 4
possession of,'. 5
(2) Section 59O-- 6
insert-- 7
`(3) If the impounding order or forfeiture order authorises a police 8
officer to enter a place for giving effect to the order as 9
mentioned in subsection (2), power to enter the place 10
includes, and is taken always to have included, power to 11
re-enter the place as often as is reasonably necessary for the 12
purpose.'. 13
Clause 23 Amendment of s 59Q (Release of motor vehicle 14
impounded under section 59F) 15
(1) Section 59Q, heading, `section 59F'-- 16
omit, insert-- 17
`s 59F'. 18
(2) Section 59Q(3), after `business hours'-- 19
insert-- 20
`on a business day'. 21
(3) Section 59Q(4), definition business hours, `on any day'-- 22
omit. 23
Clause 24 Amendment of s 59ZI (Power for regulating traffic) 24
(1) Section 59ZI, heading, `traffic'-- 25
omit, insert-- 26
`animal traffic'. 27
(2) Section 59ZI(1), `, signal or order'-- 28
omit. 29
s 25 28 s 25
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(3) Section 59ZI(1), `traffic'-- 1
omit, insert-- 2
`animal traffic'. 3
(4) Section 59ZI(2)-- 4
omit, insert-- 5
`(2) Without limiting subsection (1), a police officer may act under 6
that subsection if the police officer reasonably suspects an 7
emergency exists or it is otherwise necessary to temporarily 8
prohibit, divert or direct animal traffic and pedestrians.'. 9
(5) Section 59ZI(3), `, signal or order'-- 10
omit. 11
Clause 25 Insertion of new ch 2D, pt 3 12
Chapter 2D, after section 59ZI-- 13
insert-- 14
`Part 3 Stopping animals for 15
prescribed purposes 16
`59ZJ Stopping animals for prescribed purposes 17
`(1) A police officer may require the person in control of an 18
animal, whether or not the animal is pulling a vehicle, to stop 19
the animal for a prescribed purpose. 20
`(2) The person must comply with the requirement, unless the 21
person has a reasonable excuse. 22
Maximum penalty--60 penalty units. 23
`(3) The prescribed purposes are as follows-- 24
(a) for enforcing a transport Act; 25
(b) to check whether the vehicle the animal is pulling or the 26
person in control of the animal is complying with a 27
transport Act; 28
(c) for monitoring or enforcing a liquor provision; 29
s 25 29 s 25
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(d) for enforcing a contravention of law involving putting, 1
dropping and leaving litter on a public place. 2
`(4) For monitoring or enforcing a liquor provision, the police 3
officer may exercise any of the following powers if the police 4
officer reasonably suspects the exercise of the power may be 5
effective for the purpose-- 6
(a) if the animal is pulling a vehicle--enter the vehicle and 7
remain in it for the time reasonably necessary for the 8
purpose; 9
(b) search anything on the animal or in the vehicle; 10
(c) photograph or film-- 11
(i) the animal and anything on the animal; and 12
(ii) if the animal is pulling a vehicle, the vehicle or 13
anything in it; 14
(d) if the animal is pulling a vehicle, inspect, measure or test 15
the vehicle or anything in it; 16
(e) take samples of anything on the animal or in the vehicle; 17
(f) seize anything the officer reasonably suspects is 18
evidence of the commission of an offence against a 19
liquor provision; 20
(g) copy a document in something on the animal or in the 21
vehicle; 22
(h) move the vehicle's load. 23
`(5) In this section-- 24
in, for a vehicle, includes on the vehicle. 25
liquor provision means any of the following provisions-- 26
(a) the Liquor Act 1992, section 168B, 169 or 171;10 27
10 Liquor Act 1992, section 168B (Prohibition on possession of liquor in restricted
area), 169 (Authority required for sale) or 171 (Carrying or exposing liquor for sale)
s 25 30 s 25
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(b) the Aboriginal Communities (Justice and Land Matters) 1
Act 1984, section 35 or 45;11 2
(c) the Community Services (Torres Strait) Act 1984, 3
section 101 or 110A.12 4
monitor, a liquor provision, means check whether the 5
provision is being complied with. 6
`59ZK Power to enable effective and safe exercise of other 7
powers 8
`(1) A police officer may require the person in control of an animal 9
pulling a vehicle to give the officer reasonable help to enable 10
the officer to effectively exercise a power under this part in 11
relation to the animal or vehicle. 12
`(2) Also, a police officer may require the person in control of an 13
animal pulling a vehicle, or a person who is on or has just left 14
the animal or is in or on or has just left the vehicle, to do or 15
not to do anything the police officer reasonably believes is 16
necessary-- 17
(a) to enable the police officer to safely exercise a power 18
under a transport Act in relation to the animal or vehicle; 19
or 20
(b) to preserve the safety of the police officer, the person or 21
other persons. 22
`(3) A person must comply with a requirement under subsection 23
(1) or (2), unless the person has a reasonable excuse. 24
Maximum penalty for subsection (3)--60 penalty units.'. 25
11 Aboriginal Communities (Justice and Land Matters) Act 1984, section 35
(Possession or consumption of alcohol in or on dry place) or 45 (Offences relating to
homemade alcohol)
12 Community Services (Torres Strait) Act 1984, section 101 (Possession or
consumption of alcohol in or on dry place) or 110A (Offences relating to homemade
alcohol)
s 26 31 s 27
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 26 Amendment of s 71 (Order in search warrant about 1
documents) 2
Section 71, after `magistrate'-- 3
insert-- 4
`or a judge'. 5
Clause 27 Insertion of new s 71A 6
After section 71-- 7
insert-- 8
`71A Order in search warrant about information necessary 9
to access information stored electronically 10
`(1) If the issuer is a magistrate or a judge, the issuer may, in a 11
search warrant order the person in possession of access 12
information for a storage device in the person's possession or 13
to which the person has access at the place-- 14
(a) to give a police officer access to the storage device and 15
the access information necessary for the police officer to 16
be able to use the storage device to gain access to stored 17
information that is accessible only by using the access 18
information; and 19
(b) to allow a police officer given access to a storage device 20
to do any of the following in relation to stored 21
information stored on or accessible only by using the 22
storage device-- 23
(i) use the access information to gain access to the 24
stored information; 25
(ii) examine the stored information to find out whether 26
it may be evidence of the commission of an 27
offence; 28
(iii) make a copy of any stored information that may be 29
evidence of the commission of an offence, 30
including by using another storage device. 31
`(2) In this section-- 32
s 28 32 s 30
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
access information means information of any kind that it is 1
necessary for a person to use to be able to access and read 2
information stored electronically on a storage device. 3
storage device means a device of any kind on which 4
information may be stored electronically. 5
stored information means information stored on a storage 6
device.'. 7
Clause 28 Amendment of s 73 (What search warrant must state) 8
(1) Section 73(1)(a)-- 9
omit, insert-- 10
`(a) a police officer may exercise search warrant powers 11
under the warrant; and'. 12
(2) Section 73(3), from `a magistrate' to `section 71'-- 13
omit, insert-- 14
`a magistrate or a judge makes an order under section 71 or 15
71A'. 16
Clause 29 Amendment of s 74 (Powers under search warrant) 17
(1) Section 74(1), `has the following powers'-- 18
omit, insert-- 19
`may lawfully exercise the following powers'. 20
(2) Section 74(1)(j), after `relates'-- 21
insert-- 22
`, whether or not the thing is seized under the warrant'. 23
Clause 30 Amendment of s 108 (What production order must state) 24
(1) Section 108(2)-- 25
renumber as section 108(3). 26
(2) Section 108-- 27
insert-- 28
s 31 33 s 32
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(2) Power to enter a place under a production order includes, and 1
is taken always to have included, power to re-enter the place 2
as often as is reasonably necessary for enforcing the order.'. 3
Clause 31 Amendment of s 127 (What covert search warrant must 4
state) 5
Section 127-- 6
insert-- 7
`(g) a report in relation to the warrant must be made under 8
section 131 and to whom the report must be made.'. 9
Clause 32 Replacement of s 131 (Report on covert search) 10
Section 131-- 11
omit, insert-- 12
`131 Report on covert search 13
`(1) A police officer to whom a covert search warrant is issued, or 14
who is primarily responsible for executing a covert search 15
warrant, must make a report as required under this section. 16
`(2) The report must be made to the Supreme Court judge who 17
issued the warrant or to the public interest monitor as stated in 18
the warrant. 19
`(3) The report must be made within 7 days after the warrant is 20
executed. 21
`(4) If a report is given to the public interest monitor, the monitor 22
may refer the report to a Supreme Court judge for the purpose 23
of an order being made under subsection (5). 24
`(5) If-- 25
(a) the report is made to a Supreme Court judge; or 26
(b) the public interest monitor refers the report to a 27
Supreme Court judge; 28
the police officer must, if practicable, also take before the 29
judge anything seized under the warrant and any photograph 30
taken during the search. 31
s 33 34 s 34
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(6) On receiving a report, the judge may order that any thing 1
seized under the warrant and any photograph taken during the 2
search-- 3
(a) be held by a police officer until any proceeding in which 4
the thing may be evidence ends; or 5
(b) be dealt with in the way the judge orders.'. 6
Clause 33 Amendment of s 132 (Object of ch 5) 7
(1) Section 132, `offences'-- 8
omit, insert-- 9
`serious indictable offences'. 10
(2) Section 132, `serious indictable offences'-- 11
omit, insert-- 12
`controlled activity offences'. 13
(3) Section 132-- 14
insert-- 15
`(2) In this chapter-- 16
controlled activity offence means-- 17
(a) a seven year imprisonment offence; or 18
(b) an indictable offence mentioned in schedule 2;13 or 19
(c) an indictable or simple offence mentioned in schedule 20
3B.14'. 21
Clause 34 Amendment of s 135 (Authorised controlled activities) 22
(1) Section 135(1)(a), from `an offence'-- 23
omit, insert-- 24
`a serious indictable offence against a person; and'. 25
13 Schedule 2 (Relevant offences for controlled operations and surveillance device
warrants)
14 Schedule 3B (Additional controlled activity offences)
s 35 35 s 35
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(2) Section 135(1)(a), `a serious indictable offence'-- 1
omit, insert-- 2
`a controlled activity offence'. 3
(3) Section 135(1)(b)(i)-- 4
omit, insert-- 5
`(i) 1 or more meetings between the police officer and 6
a person, whether or not the meetings were the 7
result of a written or oral communication with the 8
person;'. 9
(4) Section 135(2), after `inspector'-- 10
insert-- 11
(a senior police officer)'. 12
(5) Section 135(4) and (5)-- 13
renumber as section 132(6) and (7). 14
(6) Section 135-- 15
insert-- 16
`(4) However, the senior police officer may authorise a police 17
officer to engage in a controlled activity only if, having regard 18
to the nature or extent of the relevant controlled activity 19
offence, authorising a controlled activity is appropriate in the 20
particular circumstances. 21
`(5) The authority must be written and state-- 22
(a) the controlled activity the police officer is authorised to 23
engage in; and 24
(b) the period, of not more than 7 days, for which the 25
authority is in force.'. 26
Clause 35 Amendment of s 141 (Relationship to other laws and 27
matters) 28
Section 141-- 29
insert-- 30
s 36 36 s 38
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(8) In this section-- 1
function includes power.'. 2
Clause 36 Amendment of s 197ZK (Relationship to other laws and 3
matters) 4
Section 197ZK-- 5
insert-- 6
`(9) In this section-- 7
insert-- 8
function includes power.'. 9
Clause 37 Amendment of s 199 (Arrest of escapees etc.) 10
Section 199(2)-- 11
omit, insert-- 12
`(2) Also, it is lawful for a police officer to arrest, without warrant, 13
a prisoner who is unlawfully at large within the meaning of 14
the Corrective Services Act 2006, section 112.15 15
`(3) Also, a police officer has the same powers as a corrective 16
services officer has under a warrant under the Corrective 17
Services Act 2006, section 112.'. 18
Clause 38 Amendment of s 203 (Arrest warrant application) 19
(1) Section 203(2) and (3)-- 20
renumber as section 203(3) and (5). 21
(2) Section 203-- 22
insert-- 23
`(2) The police officer may apply for the warrant whether or not a 24
proceeding has been started against the person by complaint 25
and summons or notice to appear.'. 26
15 Corrective Services Act 2006, section 112 (Arresting prisoner unlawfully at large)
s 39 37 s 40
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(3) Section 203-- 1
insert-- 2
`(4) If the application-- 3
(a) relates to an offence other than an indictable offence; 4
and 5
(b) is made because the applicant reasonably believes 6
proceeding or continuing to proceed against the person 7
named in the application by complaint and summons or 8
notice to appear would be ineffective; 9
the application must state the belief and the reasons for the 10
belief.'. 11
Clause 39 Amendment of s 204 (Issue of arrest warrant) 12
After section 204(b), after `ineffective'-- 13
insert-- 14
`, including because the person can not currently be located or 15
served with a complaint and summons or notice to appear for 16
the offence'. 17
Clause 40 Insertion of new s 205A 18
Chapter 6, part 2, after section 205-- 19
insert-- 20
`205A Compliance with limitation of proceedings 21
`(1) This section applies to an arrest warrant issued under section 22
204(b). 23
`(2) For the Justices Act 1886, section 5216 or another provision of 24
an Act that imposes a limitation of proceedings for the offence 25
by reference to when a complaint was made for the offence or 26
to when proceedings for the offence are started, a complaint is 27
taken to be made, and the proceedings started, when the 28
warrant is issued.'. 29
16 Justices Act 1886, section 52 (Limitation of proceedings)
s 41 38 s 42
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 41 Insertion of new s 207A 1
Chapter 6, part 4, before section 208-- 2
insert-- 3
`207A Effect of release under pt 4 4
`If an arrested person is released under this part, any charge of 5
an offence for which the arrested person is released is 6
discontinued.'. 7
Clause 42 Amendment of s 211 (Additional case when arrest for 8
minor drugs offence may be discontinued) 9
(1) Section 211(1)(c), (d) and (e)-- 10
renumber as section 211(1)(d), (e) and (f). 11
(2) Section 211(1)-- 12
insert-- 13
`(c) the person has not previously been sentenced to serve a 14
term of imprisonment for an offence against the Drugs 15
Misuse Act 1986, section 5, 6 or 8;17 and 16
(3) Section 211(4), (5) and (6)-- 17
omit, insert-- 18
`(4) A police officer may make the offer at any time before the 19
person appears before a court to answer a charge of the minor 20
drugs offence. 21
`(5) When making the offer, the police officer must give-- 22
(a) the person; and 23
(b) if a support person is present when the offer is made, the 24
support person; 25
an oral or written explanation of the consequences of agreeing 26
to attend a drug diversion assessment program. 27
`(6) If the person agrees, the person must sign an agreement to 28
attend and complete a drug diversion assessment program. 29
17 Drugs Misuse Act 1986, section 5 (Trafficking in dangerous drugs), 6 (Supplying
dangerous drugs) or 8 (Producing dangerous drugs)
s 43 39 s 43
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(7) The agreement must include a provision authorising the 1
provider of the drug diversion assessment program to disclose 2
to the commissioner information about-- 3
(a) the person's attendance at, and completion of, the 4
program; or 5
(b) if the person failed to attend or complete the 6
program--the person's failure to attend or complete the 7
program. 8
`(8) The police officer must-- 9
(a) give the person a written requirement to attend and 10
complete a drug diversion assessment program in 11
accordance with the agreement; and 12
(b) inform the person that failure to comply with the 13
requirement is an offence against section 445.18 14
`(9) Also, the police officer must give the chief executive (health), 15
or a person or organisation nominated by that chief executive 16
for this section, a copy of the agreement. 17
`(10) On the signing of the agreement, the drug, and anything that 18
may be, or has been, used for smoking the drug, is forfeited to 19
the State. 20
`(11) It is the duty of a police officer to release an arrested person at 21
the earliest reasonable opportunity if the police officer is 22
satisfied subsections (6) and (8) have been complied with.'. 23
Clause 43 Amendment of s 214 (Notice to appear may be issued for 24
offence) 25
(1) Section 214(4)-- 26
renumber as section 214(5). 27
(2) Section 214-- 28
insert-- 29
`(4) However, a notice to appear for an offence against the Road 30
Use Management Act may be served on a person by registered 31
18 Section 445 (Offence to contravene direction or requirement of police officer)
s 44 40 s 45
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
post if it is served as provided for in the Justices Act 1886, 1
section 56(2)(a) or (b).19 2
3
Note--
4
The Justice Act 1886, section 56(2)(a) and (b) authorises service in
5
some cases at an address stated in a driver licence or a current certificate
6
of registration for a motor vehicle.'.
Clause 44 Amendment of s 219 (Notice to appear equivalent to a 7
complaint and summons) 8
(1) Section 219(3)-- 9
omit, insert-- 10
`(3) If a prescribed police officer issues and serves a notice to 11
appear on a person under section 225(2)(b), the police officer 12
who arrested the person, and not the prescribed police officer, 13
is taken to have started the proceeding against the person.'. 14
(2) Section 219-- 15
insert-- 16
`(5) In this section-- 17
prescribed police officer means a prescribed police officer 18
under the Bail Act 1980, section 7.'. 19
Clause 45 Amendment of s 220 (Court may order immediate arrest 20
of person who fails to appear) 21
(1) Section 220(6)-- 22
renumber as section 220(7). 23
(2) Section 220(2)-- 24
omit, insert-- 25
`(2) A document purporting to be a copy of the notice to appear 26
signed by the police officer who served it, and stating the 27
following is evidence of what it states-- 28
(a) if the notice to appear was served personally-- 29
19 Justices Act 1886, section 56 (Service of summonses)
s 46 41 s 47
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(i) the date it is served; and 1
(ii) when and where it was served; 2
(b) if the notice to appear is served by registered post under 3
section 214(4)-- 4
(i) the notice to appear was posted to the address 5
stated in the notice by registered post; and 6
(ii) when and where the notice to appear was posted; 7
and 8
(iii) the registered post identification number for the 9
envelope containing the notice to appear.'. 10
(3) Section 220-- 11
insert-- 12
`(6) An adult who is arrested under a warrant issued under 13
subsection (1)(b) is taken, for section 225, to have been 14
arrested for the offence stated in the notice to appear.'. 15
Clause 46 Amendment of s 224 (Duty of police officer after arrest 16
etc. of person) 17
Section 224(2)-- 18
insert-- 19
`(f) is arrested under section 198(2) and is later released 20
under section 208 without having been charged with the 21
offence for which the person was arrested.'. 22
Clause 47 Amendment of s 229 (Application of pt 2) 23
(1) Section 229(a)-- 24
omit, insert-- 25
`(a) is lawfully arrested for an indictable offence, including 26
if the person is arrested under section 198(2) for 27
questioning the person about the offence or investigating 28
the offence.'. 29
(2) Section 229(b), `an offence'-- 30
omit, insert-- 31
s 48 42 s 48
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`a charge of an offence'. 1
(3) Section 229, example, `Example'-- 2
omit, insert-- 3
`Examples'. 4
Clause 48 Amendment of s 318ZZB (Evidentiary provision) 5
(1) Section 318ZZB(1)-- 6
omit, insert-- 7
`(1) A certificate signed by the commissioner and stating any of 8
the following is evidence of what it states-- 9
(a) on a stated day and at a stated time a stated police officer 10
authorised the performance of a stated forensic 11
procedure on a stated person; 12
(b) on a stated day and at a stated time a stated police officer 13
or a stated watch-house officer used a stated device to 14
generate a digital image of a fingerprint, footprint or 15
palm print from a stated person; 16
(c) a stated police officer was on a stated day an authorised 17
examiner; 18
(d) a stated person was on a stated day a DNA sampler; 19
(e) how a stated thing taken from a stated person as the 20
result of the performance of a stated forensic procedure 21
was handled and stored; 22
(f) a stated person took or sent a stated thing taken as the 23
result of the performance of a forensic procedure from a 24
stated place to another stated place; 25
(g) a stated person received a stated thing taken as the result 26
of the performance of a forensic procedure at a stated 27
place; 28
(h) a certificate given under the Evidence Act 1977, section 29
95A20 relates to a stated DNA sample taken from a 30
stated person. 31
20 Evidence Act 1977, section 95A (DNA evidentiary certificate)
s 49 43 s 51
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
1
Note for subsection (1)(b)--
2
See section 397J for the power of a watch-house officer to take a
3
person's identifying particulars.'.
(2) Section 318ZZB(2), `10 business days-- 4
omit, insert-- 5
`20 business days'. 6
(3) Section 318ZZB(3), `3 business days'-- 7
omit, insert-- 8
`15 business days'. 9
Clause 49 Amendment of s 371AB (Powers for reportable deaths) 10
(1) Section 371AB(4), after `The officer may'-- 11
omit, insert-- 12
`search for and'. 13
(2) Section 371AB(5) and (6)-- 14
renumber as section 371AB(6) and (7). 15
(3) Section 371AB-- 16
insert-- 17
`(5) However, a police officer may not search the place under 18
subsection (4) if the police officer reasonably believes the 19
death was from natural causes.'. 20
Clause 50 Insertion of new ch 9, pt 5, div 1 hdg 21
Chapter 9, part 5, before section 371A-- 22
insert-- 23
`Division 1 Potentially harmful things'. 24
Clause 51 Insertion of new ch 9, pt 5, div 2, hdg 25
Chapter 9, part 5, before section 372-- 26
s 52 44 s 53
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
insert-- 1
`Division 2 Other miscellaneous powers'. 2
Clause 52 Amendment of s 372A (Police actions after domestic 3
violence order is made) 4
(1) Section 372A(4), `subsection (3)(a)'-- 5
omit, insert-- 6
`subsection (4)(a)'. 7
(2) Section 372A(4) and (5)-- 8
renumber as section 372A(5) and (6). 9
(3) Section 372A(2) and (3)-- 10
omit, insert-- 11
`(2) If the respondent was not in court when the court made the 12
domestic violence order, the clerk of the court must give the 13
order to a member of the police service at the police station 14
nearest the place where the respondent lives. 15
`(3) The officer in charge of the police station must ensure a police 16
officer gives the order to the respondent as soon as 17
practicable. 18
`(4) The police officer who gives the order to the respondent 19
must-- 20
(a) if the order is given to the respondent at the respondent's 21
place of residence--take all steps necessary to ensure 22
the respondent's weapons licence and weapon are seized 23
immediately; and 24
(b) in any other case--make arrangements to ensure the 25
respondent's weapons licence and weapon are 26
surrendered to a police officer as soon as practicable.'. 27
Clause 53 Amendment of s 373 (Assistance in exercising powers) 28
(1) Section 373(5) and (6), as inserted by the Cross-Border Law 29
Enforcement Legislation Amendment Act 2005, section 13-- 30
renumber as section 373(7) and (8). 31
s 54 45 s 54
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(2) Section 373-- 1
insert-- 2
`(5) Also, if the stated action is to help the police officer search the 3
place, the assistant may search the place to the extent 4
authorised by the police officer whether or not a police officer 5
is present while the assistant is searching the place. 6
`(6) However, the assistant may not help search a dwelling unless 7
a police officer is present while the assistant helps in the 8
search.'. 9
Clause 54 Insertion of new ss 377B377C 10
Chapter 9, part 5, after section 377A-- 11
insert-- 12
`377B Power to examine seized things 13
`To remove doubt, it is declared that a power to seize a thing 14
under this Act includes and always has included-- 15
(a) power to examine the thing; and 16
(b) power to arrange for someone else to examine the thing. 17
`377C Extent of power to examine seized things 18
`Without limiting section 377B, power to examine a thing 19
seized under this Act includes, and always has included, a 20
power to do something that is reasonably necessary for, or as 21
part of, a scientific or other investigative procedure involving 22
the thing, even though doing the thing may damage the thing 23
or destroy it. 24
25
Examples--
26
· performing an analysis involving the thing
27
· making an appraisal of the thing
28
· inspecting the thing
29
· perusing the thing
30
· scanning the thing
31
· sifting the thing'.
s 55 46 s 55
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 55 Replacement of s 380 (Receipt for seized property) 1
Section 380-- 2
omit, insert-- 3
`380 Receipt for seized property 4
`(1) If a police officer seizes anything under this Act or a warrant, 5
the police officer must, as soon as is reasonably practicable 6
after seizing the thing-- 7
(a) if the person from whom it is seized is present--give or 8
cause to be given to the person a receipt for the thing; or 9
(b) if the occupier of the premises is not present--leave a 10
receipt for the thing in a conspicuous place. 11
`(2) However, if the police officer reasonably suspects giving the 12
person the receipt may frustrate or otherwise hinder the 13
investigation or another investigation, the police officer may 14
delay complying with subsection (1), but only for so long as-- 15
(a) the police officer continues to have the reasonable 16
suspicion; and 17
(b) that police officer or another police officer involved in 18
the investigation remains in the vicinity of the place to 19
keep it under observation. 20
`(3) The receipt may be for a single thing or for all things seized 21
from the person or the place. 22
`(4) Also, the receipt must describe the thing seized and include 23
any other information required under the responsibilities code. 24
`(5) This section does not apply if the police officer reasonably 25
believes-- 26
(a) there is no-one apparently in possession of the thing; or 27
(b) the thing has been abandoned; or 28
(c) the thing has no value other than as evidence of the 29
commission of an offence. 30
31
Examples for subsection (5)(c)--
32
blood, saliva, semen, hair, impressions, paint, glass, fibres, ballistic
33
items, fire debris, vehicle identification plates, trace evidence'.
s 56 47 s 58
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 56 Amendment of s 387 (Removal of clothing for search) 1
Section 387(1), from `outer clothing'-- 2
omit, insert-- 3
`outer clothing from the upper or lower part of the body.'. 4
Clause 57 Amendment of s 390 (If video cameras monitor place 5
where person is searched) 6
(1) Section 390(1), after `is searched'-- 7
insert-- 8
`(place of search)'. 9
(2) Section 390(2)-- 10
renumber as section 390(3). 11
(3) Section 390-- 12
insert-- 13
`(2) However, if, for safety or operational reasons, a video camera 14
used to monitor the place of search can not be turned off 15
without turning off a video camera used to monitor another 16
place, the monitor for the video camera for the place of search 17
must, if it is reasonably practicable, be turned off or used to 18
monitor another place while the person is being searched.'. 19
Clause 58 Amendment of s 391 (Safeguards for directions or 20
requirements) 21
(1) Section 391(1), heading, and subsection (1)-- 22
omit, insert-- 23
`391 Safeguards for oral directions or requirements 24
`(1) This section applies if a police officer gives someone an oral 25
direction or makes an oral requirement under this Act.'. 26
(2) Section 391(3), `a reasonable'-- 27
omit, insert-- 28
`a further reasonable'. 29
s 59 48 s 61
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 59 Insertion of new ch 11, pt 1, div 1, hdg 1
Chapter 11, part 1, before section 396-- 2
insert-- 3
`Division 1 Persons in custody at 4
watch-houses'. 5
Clause 60 Amendment of s 397 (Transfer of persons in 6
watch-houses) 7
(1) Section 397(c), (d) and (e)-- 8
renumber as section 397(d), (e) and (f). 9
(2) Section 397-- 10
insert-- 11
`(c) to a court cell; or'. 12
(3) Section 397-- 13
insert-- 14
`(2) In this section-- 15
court cell means a place attached to or near a court that is used 16
for detaining prisoners of the court. 17
18
Note--
19
For the power to hold persons who are not prisoners of the court in a
20
court cell, see the Corrective Services Act 2006, section 310.'.
Clause 61 Insertion of new ch 11, pt 1, div 2 21
Chapter 11, part 1, after section 397-- 22
insert-- 23
s 61 49 s 61
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`Division 2 Watch-house officer's functions and 1
powers 2
`Subdivision 1 Functions 3
`397A Functions of watch-house officers 4
`(1) A watch-house officer has the functions and powers conferred 5
on a watch-house officer by this Act. 6
`(2) Subsection (1) applies subject to any directions of the 7
commissioner or the watch-house manager for the 8
watch-house and the terms of the person's appointment that 9
are consistent with any Act applicable to a watch-house 10
officer. 11
`(3) To remove doubt, it is declared that a watch-house officer is 12
not taken to be a police officer merely because the 13
watch-house officer has, under this chapter, some of the same 14
functions and powers as a police officer. 15
`(4) Also, this division does not limit the powers of a police officer 16
to do something a police officer may otherwise do under this 17
Act in relation to a person in custody at a watch-house. 18
`Subdivision 2 Powers for screening of entrants to 19
watch-houses 20
`397B Power to require reasons for entry to watch-houses 21
`A watch-house officer may require an entrant to a 22
watch-house to state the entrant's reason for being in, or about 23
to enter, the watch-house. 24
`397C Use of electronic screening devices in watch-houses 25
`(1) This section applies if the system for the security of a 26
watch-house involves the use of 1 or more of the following 27
electronic screening devices-- 28
s 61 50 s 61
Police Powers and Responsibilities and Other Acts
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(a) a walk-through detector; 1
(b) an X-ray machine; 2
(c) a hand held scanner. 3
`(2) A watch-house officer may ask the entrant to do 1 or more of 4
the following-- 5
(a) to walk through a walk-through detector; 6
(b) to pass the entrant's belongings through an X-ray 7
machine; 8
(c) to allow the watch-house officer to pass a hand held 9
scanner in close proximity to the entrant; 10
(d) to allow the watch-house officer to pass a hand held 11
scanner in close proximity to the entrant's belongings. 12
`397D Watch-house officer may ask entrant to remove outer 13
garment etc. 14
`(1) This section applies if-- 15
(a) a watch-house officer reasonably considers it necessary 16
to make a request under subsection (2) in relation to an 17
entrant or the entrant's belongings, whether or not the 18
entrant or belongings have been subjected to electronic 19
screening; and 20
(b) the watch-house officer tells the entrant the reasons for 21
making the request. 22
`(2) The watch-house officer may ask the person to do 1 or more 23
of the following-- 24
(a) allow the watch-house officer to inspect the entrant's 25
belongings; 26
(b) remove 1 or more outer garments worn by the entrant as 27
stated by the watch-house officer and allow the 28
watch-house officer to inspect the garments; 29
(c) remove all articles from the entrant's clothing and allow 30
the watch-house officer to inspect them; 31
(d) open an article for inspection and allow the watch-house 32
officer to inspect it; 33
s 61 51 s 61
Police Powers and Responsibilities and Other Acts
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(e) open a vehicle or a part of it for inspection and allow the 1
watch-house officer to inspect it; 2
(f) remove an article from the vehicle as specified by the 3
watch-house officer and allow the watch-house officer 4
to inspect it. 5
`(3) A watch-house officer may touch a garment the entrant is 6
wearing only if the watch-house officer is the same sex as the 7
entrant. 8
`(4) In this section-- 9
inspect, an article, includes handle the article, open it and 10
examine its contents. 11
`397E Direction by watch-house officer to leave 12
watch-house 13
`A watch-house officer may direct an entrant to leave a 14
watch-house immediately, and to take the entrant's belongings 15
out of the watch-house, if the entrant fails-- 16
(a) to state the person's reasons for being in or about to 17
enter the watch-house; or 18
(b) to allow a watch-house officer to exercise a power under 19
section 397C or 397D. 20
`397F Seizure of proscribed things 21
`A watch-house officer may seize a proscribed thing found in 22
the possession of a person in a watch-house, unless the person 23
is lawfully in possession of it in the course of the person's 24
trade, business or calling. 25
`397G Refusal of entry to and removal from watch-house 26
`(1) This section applies if a person fails to comply with a request 27
made or a direction given under this subdivision or fails to 28
satisfy a watch-house officer that the person has a good and 29
lawful reason to be in a particular watch-house. 30
s 61 52 s 61
Police Powers and Responsibilities and Other Acts
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`(2) If the person is in the watch-house, the watch-house officer 1
may remove the person from the watch-house. 2
`(3) If the person is about to enter the watch-house, the 3
watch-house officer may prevent the person from entering the 4
watch-house. 5
`Subdivision 3 Powers relating to persons in 6
custody in or reporting to 7
watch-house 8
`397H Watch-house officer may require person to state 9
name and address 10
`(1) Section 32, to the extent it applies to prescribed circumstances 11
mentioned in section 33 that are circumstances in which a 12
police officer may exercise a power under this Act in relation 13
to a person at a watch-house applies to a watch-house officer 14
in the same way as it applies to a police officer.21 15
`(2) For section 32, a reference in section 33 to a police officer 16
includes a reference to a watch-house officer. 17
`397I Watch-house officer may search person in custody 18
at watch-house 19
`(1) A watch-house officer may search and re-search a person to 20
whom chapter 8 applies if the person is in custody at a 21
watch-house. 22
`(2) A watch-house officer may seize from the person anything 23
found during the search that the watch-house officer 24
reasonably suspects may provide evidence of the commission 25
of an offence. 26
`(3) Also, the watch-house officer may take and retain, while the 27
person is in custody-- 28
21 Section 32 (Person may be required to state name and address), section 33
(Prescribed circumstances for requiring name and address)
s 61 53 s 61
Police Powers and Responsibilities and Other Acts
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(a) anything that may endanger anyone's safety, including 1
the person's safety; or 2
(b) anything that may be used for an escape; or 3
(c) anything else the watch-house officer reasonably 4
considers should be kept in safe custody while the 5
person is in custody. 6
`397J Watch-house officer may take identifying particulars 7
of person at watch-house 8
`(1) A provision of chapter 8A that authorises a police officer to 9
take the identifying particulars of a person, generally or in the 10
following circumstances, is taken also to authorise a 11
watch-house officer to take the identifying particulars of a 12
person in those circumstances-- 13
(a) the person is in custody at a watch-house; 14
(b) the person reports to the watch-house to enable a police 15
officer to take the person's identifying particulars under 16
an identifying particulars notice or an order of a court. 17
`(2) The provision applies to the watch-house officer in the same 18
way as it applies to a police officer. 19
`(3) Also, the watch-house officer is taken to be a qualified person 20
for chapter 8A for taking identifying particulars. 21
`(4) A provision of this Act that applies to a police officer who is 22
taking the identifying particulars of a person applies to a 23
watch-house officer in the same way as it applies to a police 24
officer. 25
`397K Commissioner may authorise watch-house officer to 26
take DNA samples of person at watch-house 27
`(1) This section applies to a watch-house officer only if the 28
commissioner is satisfied the watch-house officer-- 29
(a) has the necessary experience or expertise to be able to 30
take DNA samples; or 31
(b) has satisfactorily completed a course of training 32
approved by the commissioner for the purpose. 33
s 61 54 s 61
Police Powers and Responsibilities and Other Acts
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`(2) The commissioner may authorise the watch-house officer to 1
take DNA samples from-- 2
(a) a person in custody at a watch-house; or 3
(b) a person who reports to the watch-house to enable a 4
police officer to take the person's identifying particulars 5
under an identifying particulars notice or an order of a 6
court. 7
`(3) Also, sections 318ZH and 318ZI apply to the watch-house 8
officer while performing the functions of a qualified person 9
for taking a DNA sample. 10
`397L Power to use force against individual at watch-house 11
`(1) It is lawful for a watch-house officer exercising or attempting 12
to exercise a power under this Act against a person at a 13
watch-house to use reasonably necessary force to exercise the 14
power. 15
`(2) Also, it is lawful for a watch-house officer to use reasonably 16
necessary force to prevent a person in custody at a 17
watch-house from escaping from lawful custody. 18
`(3) The force a watch-house officer may use under this section 19
does not include force likely to cause grievous bodily harm to 20
a person or the person's death. 21
`397M Power to use force--transfer etc. of person in 22
custody to or from court cell or other place 23
`(1) It is lawful for a watch-house officer who is authorised by a 24
watch-house manager to transfer a person in custody to a 25
court cell to use reasonably necessary force-- 26
(a) to transfer a person in custody from the watch-house to 27
a court cell; or 28
(b) to transfer a person in custody from a court cell to a 29
watch-house; or 30
(c) to ensure a person in custody in a court cell appears 31
before a court and is returned to the court cell if the 32
person is not otherwise released; or 33
s 61 55 s 61
Police Powers and Responsibilities and Other Acts
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(d) to ensure a person in custody does not escape from 1
lawful custody while the person is being transferred to 2
or held in the court cell, while in court, or while being 3
returned to the watch-house. 4
`(2) Also, it is lawful for a watch-house officer who is authorised 5
by a watch-house manager for the purpose to escort a person 6
in custody to use reasonably necessary force-- 7
(a) to escort a person in custody to a place other than a 8
watch-house to enable the person to receive medical, 9
dental, optical or other health related treatment; and 10
(b) to escort a person in custody from a place where the 11
person is taken to receive medical, dental, optical or 12
other health related treatment to the watch-house; and 13
(c) to ensure a person in custody does not escape from 14
lawful custody while the person is being escorted to or 15
from the watch-house and while the person is receiving 16
any necessary treatment at the place to which the person 17
is taken under escort. 18
`(3) The force a watch-house officer may exercise under this 19
section-- 20
(a) includes force that is reasonably necessary-- 21
(i) to prevent someone else from helping the person in 22
custody escape from lawful custody; and 23
(ii) to prevent someone the watch-house officer 24
reasonably considers should not be given access to 25
the person in custody from gaining access to the 26
person in custody; and 27
(b) does not include force likely to cause grievous bodily 28
harm to a person or the person's death. 29
s 61 56 s 61
Police Powers and Responsibilities and Other Acts
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`Subdivision 4 Provisions about exercise of 1
particular powers 2
`397N Search of persons 3
`The provisions of this Act applying to a search by a police 4
officer of a person in custody, including the power to seize 5
anything found during the search, apply, with necessary 6
changes, to the search by a watch-house officer of a person in 7
custody at a watch-house in the exercise of a power under this 8
part. 9
`397O Property seized during search etc. 10
`(1) This section applies in relation to property seized by a 11
watch-house officer at a watch-house, whether under section 12
397F or because of a search of a person in custody (seized 13
property). 14
`(2) The provisions of this Act stating the responsibilities of a 15
police officer in relation to seized property apply, with 16
necessary changes, to the watch-house officer who seized the 17
property. 18
`397P Giving directions and making requirements 19
`(1) This section applies if a watch-house officer who is exercising 20
a power of a police officer because of this part in relation to an 21
entrant to a watch-house or a person in custody at a 22
watch-house-- 23
(a) gives the person a direction; or 24
(b) make a requirement of the person. 25
`(2) The person must comply with the direction or requirement, 26
unless the person has a reasonable excuse. 27
Maximum penalty--40 penalty units. 28
`(3) Section 391 applies to the giving of a direction or the making 29
of the requirement in the same way as it applies to a police 30
s 62 57 s 62
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
officer when giving an oral direction or making an oral 1
requirement. 2
`397Q Making entries in registers 3
`(1) This section applies if-- 4
(a) a watch-house officer does something under this part; 5
and 6
(b) the act were done by a police officer, the act would be an 7
enforcement act that the police officer would have to 8
enter in the register of enforcement acts under part 2. 9
`(2) The watch-house officer must make the entry. 10
`397R Responsibilities code 11
`If a provision of the responsibilities code applies to a police 12
officer in relation to a function or power also conferred on a 13
watch-house officer under this part, the provision also applies, 14
with necessary changes, to the watch-house officer in relation 15
to the function or power. 16
`397S Custody continues while person in custody is being 17
transferred or escorted by watch-house officer 18
`To remove doubt, it is declared that a person in the custody of 19
a watch-house manager at a watch-house does not stop being 20
in custody of the watch-house manager only because-- 21
(a) the person is being transferred by a watch-house officer 22
to or from a court cell; or 23
(b) the person is being escorted by a watch-house officer to 24
or from a place other than a watch-house including, but 25
not limited to, for receiving necessary health care.'. 26
Clause 62 Amendment of s 415 (Persons to be given copy of 27
information in register) 28
(1) Section 415(2), after `about the act'-- 29
insert-- 30
s 63 58 s 64
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`to the extent it describes the actions taken or information 1
directly obtained while doing the enforcement act.'. 2
(2) Section 415, example, `Example'-- 3
omit, insert-- 4
`Examples'. 5
(3) Section 415, after the example-- 6
insert-- 7
8
`2 Information about the name of a complainant or informant or
9
medical information obtained from a person other than the person
10
to whom the enforcement act was done is not information that
11
describes the actions taken by the person doing the enforcement
12
act.'.
Clause 63 Amendment of s 416 (Restriction on disclosure of certain 13
information) 14
(1) Section 416(4), `Despite subsection (1)'-- 15
omit, insert-- 16
`However'. 17
(2) Section 416(4), from `chief executive officer', first mention, 18
to `subsection (2)'-- 19
omit, insert-- 20
`chief executive officer under section 415 for information to 21
which this section applies that is the subject of a direction 22
given under subsection (2)'. 23
Clause 64 Amendment of s 420 (Application of pt 3) 24
(1) Section 420(2)(b)-- 25
renumber as section 420(2)(c). 26
(2) Section 420(2)(a)-- 27
omit, insert-- 28
s 65 59 s 65
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(a) a vehicle that is impounded under chapter 2B or 11A or 1
seized under section 59Y;22 or 2
(b) an animal seized under section 60;23 or'. 3
(3) Section 420(3), first appearing, to (5)-- 4
renumber as section 420(3) to (6). 5
Clause 65 Insertion of new ss 422A422B 6
Part 3, division 1, after section 422-- 7
insert-- 8
`422A Particular provision about handling animals in the 9
possession of the police service 10
`(1) This section applies to a relevant thing that is in the possession 11
of the police service if the relevant thing is an animal. 12
`(2) The police service must handle the animal in an efficient, safe 13
and accountable way including by keeping the animal in a 14
way that has appropriate regard to-- 15
(a) the animal's welfare and the welfare of other animals in 16
the possession of the police service at the place where 17
the animal is kept; and 18
(b) relevant animal husbandry practices. 19
`(3) In this section-- 20
animal, includes offspring of an animal, born while the 21
animal is in the possession of the police service. 22
`422B Forfeiture in particular cases 23
`If this part applies to a thing and the commissioner is 24
satisfied the thing has no value, the thing is forfeited to the 25
State.'. 26
22 Chapter 2B (Motor vehicle impounding powers for prescribed offences and
motorbike noise direction offences) or 11A (Provisions about evading police
officers) or section 59Y (Removal of vehicles from roads and other places)
23 Section 60 (Removal of animals from roads and other places)
s 66 60 s 67
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 66 Replacement of ch 11, pt 3, div 2, hdg 1
Chapter 11, part 3, division 2, heading-- 2
omit, insert-- 3
`Division 2 Return of relevant things'. 4
Clause 67 Amendment of s 423 (Return of seized things) 5
(1) Section 423, heading and subsections (1) and (2)-- 6
omit, insert-- 7
`423 Return of relevant things 8
`(1) Unless a justice otherwise orders, a police officer must return 9
a relevant thing to the owner of the thing or the person who 10
had lawful possession of the thing before it came into the 11
possession of the police service if the police officer is 12
satisfied-- 13
(a) it is not required to be retained; and 14
(b) it is lawful for the person to have possession of the 15
thing. 16
`(2) If the thing is evidence of the commission of an offence and a 17
police officer considers it appropriate, the police officer must 18
take the steps reasonably necessary to minimise the need to 19
retain the thing as evidence by, as soon as reasonably 20
practicable-- 21
(a) photographing the thing or arranging for it to be 22
photographed; or 23
(b) arranging for any necessary test or examination of the 24
thing; or 25
(c) gathering any other available secondary evidence in 26
relation to the thing.'. 27
(2) Section 423(3), after `subsection (1),'-- 28
insert-- 29
`if a police officer seized the relevant thing,'. 30
(3) Section 423(4), `to a thing'-- 31
s 68 61 s 68
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
omit, insert-- 1
`to a relevant thing'. 2
(4) Section 423(4), after `it was seized'-- 3
insert-- 4
`or came into the possession of the police service'. 5
Clause 68 Insertion of new s 423A 6
After section 423-- 7
insert-- 8
`423A Application by owner etc. for return of relevant thing 9
`(1) This section applies to a relevant thing-- 10
(a) that has been in the possession of the police service for 11
at least 30 days and is not the subject of an application 12
under section 424; or 13
(b) that is described in a notice given under section 439(4).24 14
`(2) A person who claims to have a legal or equitable interest in 15
the relevant thing may apply in writing to the commissioner 16
for the return of the thing to the person or for the delivery of 17
the thing to someone else named in the application as the 18
person to whom the thing may be delivered (the nominee). 19
`(3) The commissioner may require the applicant to give to the 20
commissioner the additional information the commissioner 21
considers reasonably necessary to enable the commissioner to 22
properly consider the application. 23
`(4) After considering the application and any additional 24
information given to the commissioner under subsection (3), 25
the commissioner may-- 26
(a) return the thing to the applicant; or 27
(b) deliver the thing to the nominee as requested by the 28
applicant; or 29
(c) refuse to return the thing. 30
24 Section 439 (Order for forfeiture of relevant things connected with offences)
s 69 62 s 69
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(5) However, the commissioner may only return a thing under 1
subsection (4) if the commissioner is satisfied-- 2
(a) the applicant may lawfully possess the thing; and 3
(b) it is appropriate that the thing be delivered to the person. 4
`(6) If the commissioner proposes to deliver the relevant thing to 5
the applicant's nominee, the commissioner must also be 6
satisfied that the nominee may lawfully possess the thing.'. 7
Clause 69 Replacement of s 424 (Application by owner etc. for 8
return of relevant things) 9
Section 424-- 10
omit, insert-- 11
`424 Application by owner etc. for court order for return of 12
relevant thing 13
`(1) This section applies to a relevant thing-- 14
(a) that has been in the possession of the police service for 15
30 days and is not returned under section 423A; or 16
(b) that is described in a notice given under section 439(4). 17
`(2) However, this section does not apply to a relevant thing that is 18
forfeited to the State under an Act. 19
`(3) A person who claims to have a legal or equitable interest in 20
the relevant thing may apply to a magistrate for an order that 21
the thing be returned to the person or to someone else named 22
in the application as the person to whom the thing may be 23
delivered (the nominee). 24
`(4) The person must give each of the following a copy of the 25
application and notice of the day, time and place fixed for 26
hearing the application-- 27
(a) the commissioner; 28
(b) anyone else the person reasonably believes has a legal or 29
equitable interest in the thing. 30
`(5) The magistrate may order that the relevant thing be returned to 31
a person on the conditions, if any, the magistrate considers 32
appropriate if satisfied-- 33
s 70 63 s 71
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(a) the person may lawfully possess the thing; and 1
(b) it is appropriate that the thing be returned to the person. 2
`(6) If the magistrate proposes to order that the relevant thing be 3
delivered to the applicant's nominee, the magistrate must also 4
be satisfied that the nominee may lawfully possess the thing. 5
`(7) The magistrate must not order the return of a relevant thing to 6
the person or the person's nominee if the magistrate is 7
reasonably satisfied the thing-- 8
(a) may be evidence in a proceeding started in relation to 9
the thing; or 10
(b) is a thing used in or for manufacturing a dangerous 11
drug; or 12
(c) may be subject to a forfeiture proceeding, including a 13
forfeiture proceeding relating to an interstate serious 14
offence under the Confiscation Act.'. 15
Clause 70 Amendment of s 425 (Application by police officer for 16
order if ownership dispute) 17
Section 425(1)-- 18
omit, insert-- 19
`(1) This section applies if there is a dispute about the ownership 20
of a relevant thing, whether the dispute is between-- 21
(a) two or more persons, each of whom claims to be the 22
owner of the thing; or 23
(b) a police officer and a person who claims to be the owner 24
of the thing.'. 25
Clause 71 Amendment of s 426 (Application for order in relation to 26
seized things) 27
Section 426(2)(h)-- 28
s 72 64 s 73
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
omit, insert-- 1
`(h) it is returned under section 423, 423A or 424. '. 25
2
Clause 72 Amendment of s 427 (Orders issuer may make in relation 3
to seized thing) 4
(1) Section 427(1), after `issuer'-- 5
insert-- 6
`under section 426'. 7
(2) Section 427(2), after `issuer', first mention-- 8
insert-- 9
`under section 426'. 10
(3) Section 427(2), as amended-- 11
renumber as section 427(3). 12
(4) Section 427-- 13
insert-- 14
`(2) Also, if the seized thing is an animal, the issuer under section 15
426 may order-- 16
(a) if the issuer is satisfied the animal is breeding 17
stock--that the animal be held by a named person until 18
the end of the proceeding for the charge of an offence in 19
which the animal is evidence; or 20
(b) if the issuer is satisfied the animal is not breeding stock 21
and the ownership of the animal can not be 22
decided--that the animal be sold in the way directed by 23
the issuer and the proceeds of the sale, after paying any 24
costs of the sale, be paid to the consolidated fund.'. 25
Clause 73 Insertion of new ss 427A427D 26
After section 427-- 27
25 Section 423 (Return of relevant things), 423A (Application by owner etc. for return
of relevant thing) or 424 (Application by owner etc. for court order for return of
relevant thing)
s 73 65 s 73
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
insert-- 1
`427A Cost recovery for animal held by commissioner 2
under order under s 427 3
`(1) This section applies if, because of an order under section 4
427(2), an animal in the possession of the police service is 5
held by the commissioner until the end of a proceeding for a 6
charge of an offence in which the animal is evidence. 7
`(2) If the person who appears to be the owner of the animal is 8
known, the commissioner may, by letter of demand, require 9
the person to pay to the commissioner within a stated 10
reasonable time, of at least 28 days, the commissioner's stated 11
reasonable costs of keeping the animal. 12
`(3) The commissioner must not give the person the letter of 13
demand unless the commissioner first gives the person written 14
notice of the commissioner's intention to require the person to 15
pay the costs and a reasonable time, of at least 14 days, to 16
state why the person should not be required to pay the costs. 17
`(4) If-- 18
(a) after considering any representations made by the 19
person, the commissioner gives the person the letter of 20
demand; and 21
(b) the person fails to pay the amount stated in the letter of 22
demand within the time stated in the letter of demand; 23
the amount payable becomes a debt payable to the State and 24
may be recovered in a court having jurisdiction for the 25
amount. 26
`(5) The letter of demand must inform the person-- 27
(a) of the consequences of failing to reply to the letter of 28
demand; and 29
(b) that the person may appeal against the letter of demand 30
to a Magistrates court. 31
`(6) Nothing in this section stops the owner of an animal 32
voluntarily surrendering ownership of the animal to the State 33
under section 427B. 34
`(7) In this section-- 35
s 73 66 s 73
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
animal, includes offspring of an animal, born while the 1
animal is in the possession of the police service. 2
`427B Voluntary surrender of animal to State 3
`(1) A person who is given a letter of demand under section 427A 4
may agree to surrender the animal to which the letter of 5
demand relates to the State. 6
`(2) The agreement must be written and witnessed by a person 7
who may witness a statutory declaration. 8
`(3) If the State agrees to the surrender of the animal-- 9
(a) the animal becomes the property of the State; and 10
(b) the commissioner may sell or dispose of the animal in 11
the way the commissioner considers appropriate. 12
`(4) If the commissioner sells the animal, the proceeds of the sale 13
after paying any costs of the sale must be applied as follows-- 14
(a) in payment of the commissioner's costs of keeping the 15
animal while in the possession of the police service; 16
(b) in payment of any balance to the consolidated fund. 17
`427C Appeal if letter of demand given under s 427A 18
`(1) Within 28 days after being given a letter of demand under 19
section 427A, a person dissatisfied with the demand may 20
appeal to a Magistrates Court against the demand. 21
`(2) Subsection (1) applies whether or not the amount stated in the 22
letter of demand is more than the maximum amount that may 23
be recovered in a personal action in the civil jurisdiction of a 24
Magistrates Court. 25
`(3) The appeal must be started by-- 26
(a) filing a written notice of appeal with the Magistrates 27
Court; and 28
(b) serving a copy of the notice on the commissioner. 29
`(4) On the filing of the notice of appeal, section 427A(4) stops 30
having effect. 31
s 74 67 s 74
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`427D Deciding appeal 1
`(1) In deciding the appeal, the Magistrates Court-- 2
(a) is not bound by the rules of evidence; and 3
(b) must comply with natural justice. 4
`(2) The Magistrates Court may-- 5
(a) confirm the commissioner's decision; or 6
(b) set aside the commissioner's decision; or 7
(c) set aside the commissioner's decision and substitute 8
another decision the court considers appropriate. 9
`(3) If the Magistrates Court confirms the commissioner's 10
decision, section 427A(4) has effect in relation to the 11
confirmed decision as if the date for payment of the amount 12
required to be paid under the letter of demand were a date that 13
is 28 days after the date of the Magistrates Court's decision. 14
`(4) If the Magistrates Court substitutes, for the commissioner's 15
decision, another decision requiring the payment of an 16
amount-- 17
(a) the amount payable must be paid within 28 days of the 18
decision; and 19
(b) if any part of the amount is not paid, section 427A(4), to 20
the extent it relates to the recovery of an unpaid amount, 21
applies to the amount.'. 22
Clause 74 Replacement of ch 11, pt 3, div 3 23
Chapter 11, part 3, division 3-- 24
omit, insert-- 25
s 74 68 s 74
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`Division 3 Dealing with controlled drugs, 1
dangerous drugs etc. 2
`Subdivision 1 Preliminary 3
`430 Application of div 3 4
`This division applies if-- 5
(a) a police officer seizes drug matter; or 6
(b) drug matter otherwise comes into the possession of the 7
police service. 8
`431 Definition for div 3 9
`In this division-- 10
drug matter means-- 11
(a) a controlled drug under the Health Act 1937; or 12
(b) a controlled substance under the Drugs Misuse Act 13
1986; or 14
(c) a dangerous drug; or 15
(d) a thing intended for use, or that was used, in the 16
commission of a drug offence. 17
`Subdivision 2 General provisions about 18
destruction of drug matter 19
`432 Destruction of drug matter soon after it is seized etc. 20
`(1) A police officer may destroy drug matter where it is found or 21
move it, or arrange for it to be moved, to another place where 22
it can safely be destroyed if-- 23
(a) a police officer is satisfied it is not reasonably 24
practicable to take the drug matter to a property point or 25
to keep it at a police station; and 26
s 74 69 s 74
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(b) the police officer reasonably believes that unless the 1
drug matter is destroyed there is a risk it may be used in 2
the commission of an offence. 3
4
Example for paragraph (a)--
5
It may be necessary to destroy a large plantation of cannabis
6
sativa plants after taking samples of the plants because it is
7
impractical to transport them to a property point for storage and
8
leaving them where they are may lead to the commission of an
9
offence.
`(2) Also, a police officer may destroy drug matter where it is 10
found, or move it, or arrange for it to be moved to another 11
place where it can safely be destroyed if it may be dangerous 12
to take it, or any part of it, to a property point or to keep it at a 13
police station. 14
`(3) Drug matter that is a hypodermic syringe or needle and is 15
disposed of in a way required under the Drugs Misuse 16
Regulation 1987 is taken to have been destroyed.26 17
`(4) This section applies even though-- 18
(a) a proceeding for an offence in which the drug matter 19
may be relevant has not been started or, if started, has 20
not been decided; and 21
(b) any notice of the proposed destruction of the drug matter 22
that is required to be given under section 433D has not 23
been given. 24
`433 Steps police officer must take before destroying drug 25
matter under s 432 26
`(1) Before destroying drug matter under section 432, a police 27
officer must photograph the drug matter where it is found. 28
`(2) For drug matter other than a thing intended for use, or that was 29
used, in the commission of a drug offence, the police officer 30
must, if practicable-- 31
26 Drugs Misuse Regulation 1987, section 3 (Prescribed procedures for the disposal of
hypodermic syringes and needles)
s 74 70 s 74
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(a) weigh the drug matter, or for plants, count the number of 1
plants; and 2
(b) retain a representative sample of the drug matter. 3
`(3) This section does not apply to drug matter if section 433A 4
applies to the drug matter. 5
`433A Alternative to destruction if drug matter is thing used 6
in the commission of a drug offence 7
`(1) This section applies despite section 432. 8
`(2) If the commissioner is reasonably satisfied drug matter in the 9
possession of the police service is a thing used or intended for 10
use in the commission of a drug offence that may be destroyed 11
under section 432, the commissioner may direct that the thing 12
first be photographed and then disposed of in the way the 13
commissioner considers appropriate instead of destroying it 14
under section 432. 15
16
Example--
17
The commissioner may give a hydroponics system previously used for
18
growing dangerous drugs to a school for use for an agricultural purpose.
`Subdivision 3 Destruction of drug matter if notice 19
required 20
`433B Application of sdiv 3 21
`This subdivision applies to drug matter that is not destroyed 22
under subdivision 2. 23
`433C Definitions for sdiv 3 24
`In this subdivision-- 25
analyst's certificate means a certificate of a kind mentioned in 26
the Drugs Misuse Act 1986, section 128.27 27
27 Drugs Misuse Act 1986, section 128 (Analyst's certificate)
s 74 71 s 74
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
destruction notice see section 433D. 1
drug matter does not include a thing intended for use, or that 2
was used, in the commission of a drug offence. 3
independent analyst see section 433E. 4
`433D Destruction notice may be given to person 5
`(1) A police officer may give a person the police officer 6
reasonably suspects has committed an offence in which drug 7
matter is involved a written notice under this section 8
(destruction notice). 9
`(2) A destruction notice given to a person whose name and 10
location are known must be in the approved form. 11
`(3) However, if the person's name and location are not known or 12
the person can not be located, the destruction notice may be 13
given by making the information required to be stated in the 14
approved form available on the police service website to the 15
extent the information is known. 16
`(4) A destruction notice given to a child under subsection (3) 17
must not identify the child but must be given in a way that is 18
enough for the child or the child's lawyer to identify the notice 19
as relating to the child and the offence of which the drug 20
matter is evidence. 21
`(5) Also, a destruction notice given to a person under subsection 22
(3) is taken to have been given to the person as soon as it may 23
be viewed by a person using the Internet, whether or not the 24
person to whom the notice relates knows the notice has 25
actually been made accessible. 26
`433E What destruction notice must state 27
`A destruction notice in relation to particular drug matter must 28
state the following-- 29
(a) that the commissioner possesses an analyst's certificate 30
relating to the drug matter; 31
(b) what the analyst's certificate states the drug matter is; 32
s 74 72 s 74
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(c) that within 30 days after the notice is given, the person 1
may, by written notice (analysis request), require the 2
commissioner to make a representative sample of the 3
drug matter available to an appropriately qualified 4
person (independent analyst) for analysis; 5
(d) that the analysis request must state the name, address 6
and qualifications of the independent analyst; 7
(e) that if the person gives the commissioner an analysis 8
request and the commissioner makes a representative 9
sample of the drug matter available under section 433F 10
for analysis by an independent analyst, the person must 11
pay the costs of the independent analyst's analysis of the 12
representative sample; 13
(f) that, if the person does not give the commissioner an 14
analysis request within the 30 days, the commissioner 15
may destroy the drug matter. 16
`433F Making sample of drug matter available 17
`(1) If, after receiving an analysis request, the commissioner is 18
satisfied the independent analyst named in the analysis 19
request has the qualifications necessary to analyse the drug 20
matter, the commissioner may make a representative sample 21
of the drug matter available to the independent analyst for 22
analysis, within 5 business days, at a time and place decided 23
by the commissioner and on the conditions the commissioner 24
considers appropriate. 25
`(2) However, if the commissioner is not satisfied the independent 26
analyst has the qualifications necessary to analyse the drug 27
matter, the commissioner may require the person who made 28
the analysis request to name another independent analyst 29
within 30 days. 30
`(3) If, within the 30 days, the person names another independent 31
analyst and the commissioner is satisfied the independent 32
analyst has the qualifications necessary to analyse the drug 33
matter, the commissioner may make a representative sample 34
available to the independent analyst under subsection (1). 35
s 75 73 s 75
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`433G When drug matter may be destroyed 1
`(1) The commissioner may destroy drug matter to which a 2
destruction notice relates if the person given the destruction 3
notice does not name an independent analyst to analyse a 4
representative sample within the time stated in the destruction 5
notice or under 433F. 6
`(2) Also, if the commissioner makes a representative sample of 7
drug matter available to an independent analyst under section 8
433F(1), the commissioner may destroy the drug matter from 9
which the representative sample was made available at the end 10
of 10 business days after the day the commissioner made the 11
representative sample available to the independent analyst. 12
`(3) However, if, within the 5 business days after the independent 13
analyst completes the analysis, the person to whom the 14
destruction notice is given gives to the commissioner a written 15
notice disputing the analysis in the analyst's certificate, the 16
commissioner must not destroy the drug matter until any 17
proceeding for the offence to which the analyst's certificate 18
relates is finally decided. 19
`(4) This section does not limit section 443I.28'. 20
Clause 75 Amendment of s 435 (What is the appointed day for 21
disposal of weapons under s 434) 22
(1) Section 435(b)-- 23
renumber as section 435(c). 24
(2) Section 435-- 25
insert-- 26
`(b) for a weapon given to a police officer under the Weapons 27
Act 1990, section 29B because of the making of a 28
domestic violence order--3 months after the day the 29
protection order is made against the person; or'. 30
28 Section 443I (Keeping dangerous drug for use in police service training)
s 76 74 s 77
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 76 Amendment of s 438 (Order for forfeiture of particular 1
relevant things) 2
(1) Section 438(4), `Subsection (3) does not'-- 3
omit, insert-- 4
`Subsections (3) and (4) do not'. 5
(2) Section 438(4), as amended, and (5)-- 6
renumber as section 438(5) and (6). 7
(3) Section 438(3)-- 8
omit, insert-- 9
`(3) At least 30 days before the order for forfeiture is made, the 10
commissioner must give the owner of the relevant thing a 11
written notice stating that unless the thing is claimed, an order 12
for its forfeiture to the State will be made under this section. 13
`(4) If the owner of the relevant thing is not known, the notice may 14
be given-- 15
(a) by advertisement in a newspaper circulating generally 16
throughout the State; or 17
(b) on the police service website.'. 18
Clause 77 Amendment of s 441 (Dealing with forfeited things) 19
(1) Section 441(3)(b), after `the thing'-- 20
insert-- 21
`and doing anything necessary to prepare it for sale'. 22
(2) After section 441(3), as an example-- 23
insert-- 24
25
`Example for paragraph (b)--
26
cleaning the hard drive of a seized computer'.
(3) Section 441(4)-- 27
omit. 28
s 78 75 s 78
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 78 Insertion of new ch 11, pt 3, div 9 1
Chapter 11, part 3, after section 442-- 2
insert-- 3
`Division 9 Evidentiary provisions 4
`443AA Evidentiary provision about particular things in the 5
possession of the police service 6
`(1) This section applies in relation to a running statement. 7
`(2) A certificate signed by the commissioner and stating a 8
document attached to the certificate is a copy of a running 9
statement is evidence of what is stated. 10
`(3) Also, the copy of the running statement is evidence of what is 11
stated in the running statement. 12
`(4) If, in a criminal proceeding, the prosecuting authority intends 13
to rely on the certificate, it must, at least 14 business days 14
before the hearing day, give a copy of the certificate to the 15
defendant or the defendant's lawyer. 16
`(5) If the defendant intends to challenge a matter stated in the 17
certificate, the defendant must, at least 10 business days 18
before the hearing day, give the prosecuting authority notice, 19
in the approved form, of the matter to be challenged. 20
`(6) If the defendant acts under subsection (5), the certificate stops 21
being evidence of the matter challenged. 22
`(7) In this section-- 23
hearing day means the day the hearing of the criminal 24
proceeding starts. 25
prosecuting authority means the entity responsible for 26
prosecuting the criminal proceeding. 27
running statement means a document that identifies itself as a 28
running statement relating to a relevant thing in the possession 29
of the police service that is evidence of the commission of an 30
offence sufficiently identified in the running sheet to connect 31
it to the proceedings in which the certificate is evidence and 32
including the following-- 33
s 79 76 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(a) where and when the relevant thing was found; 1
(b) who found the relevant thing; 2
(c) the name of each person to whom the thing was given 3
after it was found; 4
(d) before the relevant thing was given to each person who 5
had possession of it, the relevant thing was kept secure 6
from tampering; 7
(e) how the thing was dealt with by each person who had 8
possession of it including, but not limited to, how, when 9
and by whom it was transported from person to person 10
or place to place.'. 11
Clause 79 Insertion of new ch 11A 12
After chapter 11, part 5-- 13
insert-- 14
`Chapter 11A Provisions about evading 15
police officers 16
`Part 1 Preliminary 17
`Division 1 Explanation 18
`443V Explanation of ch 11A 19
`(1) Drivers of motor vehicles sometimes fail to stop when 20
directed to do so by a police officer using a police service 21
motor vehicle to attempt to intercept another motor vehicle 22
when the police officer reasonably believes the driver, or 23
someone else in the other motor vehicle, is committing or has 24
committed an offence. 25
`(2) A driver's failure to stop may be based on a desire to avoid 26
prosecution for an offence. 27
s 79 77 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(3) There may be many reasons why a police officer gives a 1
direction requiring a driver to stop, including, but not limited 2
to, because-- 3
(a) the driver is driving dangerously; or 4
(b) the driver is driving a motor vehicle reported as having 5
been stolen; or 6
(c) the driver is driving a motor vehicle that has been used 7
in the commission of an offence; or 8
(d) the police officer proposes to perform a breath test on 9
the driver under the Road Use Management Act. 10
`(4) This chapter-- 11
(a) provides for an offence called an evasion offence; and 12
(b) makes particular provision to help police officers in the 13
investigation of evasion offences; and 14
(c) enables a court to order the impoundment or forfeiture 15
of a motor vehicle after the court finds the driver of a 16
motor vehicle guilty of an evasion offence. 17
`Division 2 Interpretation 18
`443W Definitions for ch 11A 19
`In this chapter-- 20
alarm includes a horn, a siren and another audible warning 21
device. 22
corresponding law, in relation to a transport Act, means a 23
corresponding law under the Road Use Management Act. 24
declaration, in relation to an evasion offence to which an 25
evasion offence notice relates, means a statutory declaration 26
stating any of the following-- 27
(a) the name of the person believed to be using the motor 28
vehicle involved in the evasion offence when the offence 29
happened; 30
s 79 78 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(b) the motor vehicle was being illegally used when the 1
evasion offence happened; 2
(c) the name of the driver of the motor vehicle involved in 3
the evasion offence when the offence happened is not 4
known and the nature of the inquiries made to find out 5
who was driving the motor vehicle when the offence 6
was committed; 7
(d) the motor vehicle involved in the evasion offence was 8
sold before the evasion offence happened and when and 9
to whom it was sold. 10
evasion offence means an offence against section 443ZD(2).29 11
forfeiture order see section 443ZI. 30
12
impounding order see section 443ZH.31 13
nominated person, in relation to an evasion offence, means 14
the person nominated by either of the following as the driver 15
of the motor vehicle involved in the evasion offence when the 16
offence was committed-- 17
(a) the owner of the motor vehicle; 18
(b) a person nominated in a declaration given under an 19
evasion offence notice. 20
owner, of a motor vehicle-- 21
(a) generally, means-- 22
(i) if there is only 1 owner of the motor vehicle--the 23
person in whose name the motor vehicle is 24
registered under a transport Act or a corresponding 25
law; or 26
(ii) if there is more than 1 owner of the motor 27
vehicle--the first of the persons in whose name the 28
motor vehicle is registered under a transport Act or 29
a corresponding law; or 30
29 Section 443ZD (Offence for driver of motor vehicle to fail to stop motor vehicle)
30 Section 443ZI (Application for forfeiture order for evasion offence)
31 Section 443ZH (Application for impounding order for evasion offence)
s 79 79 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(b) for a proceeding for an impounding order or a forfeiture 1
order, includes a holder of a security interest registered 2
for the motor vehicle under the Motor Vehicles and 3
Boats Securities Act 1986. 4
prescribed period, in relation to an application for a forfeiture 5
order, means the relevant period and any period from the end 6
of the relevant period to and including the day on which the 7
application is heard and decided. 8
relevant court, in relation to an application for an impounding 9
order or a forfeiture order under this chapter, means-- 10
(a) the Magistrates Court for the Magistrates Court district, 11
or division of the district, nearest the place where the 12
evasion offence to which the application relates 13
happened; or 14
(b) if the driver of the motor vehicle is a child--a Childrens 15
Court constituted by a magistrate sitting in the 16
Magistrates Court district, or division of the district, 17
nearest the place where the evasion offence to which the 18
application relates happened. 19
relevant period, in relation to an evasion offence to which an 20
application for a forfeiture order relates, means the period of 3 21
years before the commission of the evasion offence giving rise 22
to the application for the forfeiture order. 23
stop, when used in relation to a direction given to a driver of a 24
motor vehicle under this chapter, includes remain at the place 25
where the driver stops the motor vehicle until the driver is 26
allowed to proceed or is otherwise dealt with according to law. 27
warning light see section 443Y.32 28
`443X Giving a direction for ch 11A 29
`(1) For this chapter, a police officer gives a direction to the driver 30
of another motor vehicle if-- 31
32 Section 443Y (What is a warning light for ch 11A)
s 79 80 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(a) the police officer is in or on a police service motor 1
vehicle that is being used to attempt to intercept the 2
motor vehicle the driver is driving; and 3
(b) the driver of the police service motor vehicle brings that 4
motor vehicle to a position in relation to the other motor 5
vehicle where the driver or another police officer in or 6
on the police service motor vehicle can give the driver of 7
the other motor vehicle a direction to stop the other 8
motor vehicle; and 9
(c) the police officer signals to the driver of the other motor 10
vehicle to stop the motor vehicle-- 11
(i) by giving a physical or audible signal; or 12
(ii) by displaying a warning light or warning lights and 13
sounding an alarm. 14
`(2) For subsection (1), a police officer gives a direction to the 15
driver of a motor vehicle when whichever of the following 16
first happens-- 17
(a) the police officer gives a physical or audible signal to 18
the driver of the motor vehicle; 19
(b) the police officer displays the warning lights and sounds 20
an alarm fitted to the police service motor vehicle being 21
used to attempt to intercept the motor vehicle. 22
`443Y What is a warning light for ch 11A 23
`A warning light is any of the following displayed by a police 24
officer while using a police service motor vehicle to attempt to 25
intercept another motor vehicle-- 26
(a) flashing blue and red lights; 27
(b) a flashing blue light; 28
(c) another flashing light, including alternately flashing 29
headlights and alternately flashing tail-lights. 30
s 79 81 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`443Z When a person is charged for this chapter in relation 1
to an evasion offence if proceeding for the offence is 2
started by notice to appear or arrest 3
`(1) This section applies for this chapter if a proceeding for an 4
evasion offence is started against a person by notice to appear 5
or arrest. 6
`(2) If the proceeding is started by notice to appear, the person is 7
taken to be charged with having committed the offence when 8
the notice to appear is issued and served on the person. 9
`(3) If the proceeding is started by arrest, the person is taken to be 10
charged with having committed the offence when the person 11
is arrested. 12
`443ZA Impounding or forfeiture of motor vehicle is in 13
addition to other punishment 14
`The impounding or forfeiture of a motor vehicle under this 15
chapter arising out of the commission of an evasion offence is 16
in addition to any other penalty that may be imposed on the 17
person for the evasion offence. 18
`443ZB Interaction between ch 2B and this chapter 19
`(1) This section applies if, before a police officer can impound a 20
motor vehicle under chapter 2B33 for a prescribed offence, the 21
driver of the motor vehicle commits an evasion offence. 22
`(2) If an application for an impounding order for the motor 23
vehicle can not be made under chapter 2B but may be made 24
under this chapter, an application for an impounding order for 25
the motor vehicle may be made under this chapter. 26
`(3) If an application for an impounding order for the motor 27
vehicle may be made under chapter 2B or this chapter, an 28
application for an impounding order for the motor vehicle 29
may be made under chapter 2B or this chapter. 30
33 Chapter 2B (Motor vehicle impounding powers for prescribed offences and
motorbike noise direction offences)
s 79 82 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(4) If an application for a forfeiture order for the motor vehicle 1
can not be made under chapter 2B but may be made under this 2
chapter, an application for a forfeiture order for the motor 3
vehicle may be made under this chapter. 4
`(5) If an application for a forfeiture order for the motor vehicle 5
may be made under chapter 2B or this chapter, an application 6
for a forfeiture order for the motor vehicle may be made under 7
chapter 2B or this chapter. 8
`Division 3 Relationship with Consumer Credit 9
Code 10
`443ZC Relationship with Consumer Credit Code 11
`Nothing in this chapter affects the right of a credit provider to 12
repossess a motor vehicle under the Consumer Credit Code 13
and sell it. 14
`Part 2 Offences and related 15
provisions 16
`Division 1 Offences 17
`443ZD Offence for driver of motor vehicle to fail to stop 18
motor vehicle 19
`(1) This section applies if, in the exercise of a power under an 20
Act, a police officer using a police service motor vehicle gives 21
the driver of another motor vehicle a direction to stop the 22
motor vehicle the driver is driving. 23
`(2) The driver of the motor vehicle must stop the motor vehicle as 24
soon as reasonably practicable if a reasonable person would 25
stop the motor vehicle in the circumstances. 26
s 79 83 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Maximum penalty--200 penalty units or 3 years 1
imprisonment. 2
`(3) An offence against subsection (2) is an evasion offence. 3
`(4) For subsection (2), it is sufficient evidence of the commission 4
of the offence if the evidence is that the driver, in failing to 5
stop, took action to avoid being intercepted by a police officer. 6
`(5) Also, for subsection (2) it is immaterial that the driver had a 7
mistaken belief that the motor vehicle from which the police 8
officer was giving the direction was an emergency vehicle 9
unless the driver proves, on the balance of probabilities, that a 10
reasonable person in the circumstances would have believed 11
the motor vehicle was an emergency vehicle. 12
`(6) This section does not limit section 51.34 13
`(7) In this section-- 14
emergency vehicle means a motor vehicle driven by a person 15
performing functions as an ambulance officer or fire officer 16
who drives the motor vehicle in the course of his or her duties 17
as an ambulance officer or fire officer for any of the 18
following-- 19
(a) the Queensland Ambulance Service; 20
(b) an ambulance service of another State; 21
(c) the Queensland Fire and Rescue Authority; 22
(d) a fire brigade or service of another State. 23
`Division 2 Matters about investigation of 24
evasion offence 25
`443ZE When evasion offence notice may be given to owner 26
of motor vehicle involved in offence 27
`(1) This section applies if, on the investigation of an evasion 28
offence, it appears to a police officer investigating the offence 29
that giving the owner of the motor vehicle involved in the 30
34 Section 51 (Stopping vehicles for prescribed purposes)
s 79 84 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
offence a notice under this section may help in the 1
investigation. 2
`(2) The police officer may give the owner a notice (evasion 3
offence notice) requiring the owner, within 4 business days, to 4
state the name of the person the owner believes was using the 5
motor vehicle when the evasion offence happened. 6
`(3) If the owner is an individual, the evasion offence notice must 7
be given to the owner personally. 8
`(4) When giving the owner the notice, the police officer must 9
explain to the owner what the notice requires and the 10
consequences of not complying with the notice. 11
`(5) The notice must identify the motor vehicle involved in the 12
evasion offence and state-- 13
(a) when and where the offence was committed; and 14
(b) the name and address, when the offence was committed, 15
of the person in whose name the motor vehicle was 16
registered under a transport Act or a corresponding law; 17
and 18
(c) that the owner must comply with the requirement within 19
4 business days unless the owner has a reasonable 20
excuse; and 21
(d) that the owner may comply with the requirement by 22
giving the commissioner a signed declaration within the 23
4 business days; and 24
(e) the nature of the declarations the owner may give; and 25
(f) that if the owner is a corporation the declaration must be 26
signed by an executive officer of the corporation. 27
`(6) This section applies to a nominated person in the same way as 28
it applies to an owner. 29
`443ZF Who may be prosecuted for evasion offence if no 30
response to evasion offence notice 31
`(1) This section applies only if-- 32
(a) a police officer gives an evasion offence notice to a 33
person under section 443ZE; and 34
s 79 85 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(b) the person given the notice does not give a police officer 1
a declaration as required under that section within the 2
time required under that section. 3
`(2) The person is taken to have been the driver of the motor 4
vehicle involved in the evasion offence to which the evasion 5
offence notice relates even though the actual offender may 6
have been someone else. 7
`(3) If the actual offender is someone else, subsection (2) does not 8
affect the liability of the actual offender, but the person and 9
the actual offender can not both be punished for the offence. 10
`(4) In a proceeding for an evasion offence, started against a 11
person because of this section, it is a defence for the person to 12
prove, on the balance of probabilities that the person was not 13
the driver of the motor vehicle involved in the offence when 14
the offence happened. 15
`Division 3 Evidentiary provisions 16
`443ZG Evidentiary provision 17
`(1) In a proceeding for an evasion offence a certificate signed by 18
the commissioner and stating that on a stated day a stated 19
person was the owner of a stated motor vehicle is evidence of 20
what it states. 21
`(2) Also, an allegation or statement in a notice to appear or 22
complaint alleging or stating any of the following is evidence 23
of what it alleges or states-- 24
(a) that a person is or is not or was or was not at any time or 25
date mentioned in the notice to appear or complaint the 26
owner of a stated motor vehicle; 27
(b) that a person is or is not or was or was not at any time or 28
date mentioned in the notice to appear or complaint of, 29
or under, or over a stated age; 30
(c) that a thing is or was a motor vehicle or of a particular 31
class or description of motor vehicle. 32
s 79 86 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(3) In addition, in a proceeding, it is not necessary for the entity 1
responsible for prosecuting the evasion offence to call as a 2
witness for the prosecution a person who gave a declaration 3
that named a person other than the defendant as the driver of 4
the motor vehicle involved in the offence. 5
`Part 3 Obtaining impounding and 6
forfeiture orders 7
`Division 1 Application provisions 8
`443ZH Application for impounding order for evasion offence 9
`(1) This section applies if a person who has not previously been 10
found guilty of an evasion offence is charged with an evasion 11
offence and an application under section 443ZI can not be 12
made for a forfeiture order for the motor vehicle involved in 13
the offence. 14
`(2) A police officer may apply to the relevant court in the 15
approved form for an order that the motor vehicle involved in 16
the offence be impounded and held at a holding yard for a 17
period of not more than 3 months (impounding order). 18
`(3) Subsection (2) applies even though the value of the motor 19
vehicle may be more than the maximum amount that may be 20
claimed in a personal action in the civil jurisdiction of a 21
Magistrates Court. 22
`443ZI Application for forfeiture order for evasion offence 23
`(1) This section applies if-- 24
(a) a person is charged with an evasion offence; and 25
(b) the person-- 26
s 79 87 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(i) has previously been found guilty of 1 evasion 1
offence committed on a previous occasion within 2
the relevant period; or 3
(ii) has previously been charged with an evasion 4
offence committed within the relevant period and 5
the charge of that offence has not been decided. 6
`(2) A police officer may apply to the relevant court in the 7
approved form for an order that the motor vehicle involved in 8
the offence be forfeited to the State (forfeiture order). 9
`(3) Subsection (2) applies even though the value of the motor 10
vehicle may be more than the maximum amount that may be 11
claimed in a personal action in the civil jurisdiction of a 12
Magistrates Court. 13
`Division 2 Orders if offence not decided 14
`443ZJ Orders on application for impounding order if evasion 15
offence not decided 16
`(1) This section applies if-- 17
(a) an application is made to a relevant court for an 18
impounding order in relation to a motor vehicle involved 19
in an evasion offence; and 20
(b) the proceeding on the charge of the evasion offence in 21
relation to which the application is made has not been 22
decided. 23
`(2) The court must adjourn the application until the person to 24
whom the application relates has been found guilty of the 25
offence. 26
`443ZK Orders on application for forfeiture order if evasion 27
offence not decided 28
`(1) This section applies if-- 29
(a) an application is made to a relevant court for a forfeiture 30
order for a motor vehicle involved in an evasion offence; 31
and 32
s 79 88 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(b) any proceeding on a charge of an evasion offence or 1
evasion offences in relation to which the application is 2
made has not been decided. 3
`(2) If the person to whom the application relates has not been 4
found guilty of evasion offences committed on 2 occasions 5
within the relevant period, the court must adjourn the 6
application until the person has been found guilty of evasion 7
offences committed on at least 2 occasions within the 8
prescribed period. 9
`Division 3 Advice of date of hearing 10
`443ZL Advice to owner of date of hearing 11
`(1) As soon as reasonably practicable after a date is set for the 12
hearing of an application for an impounding order or a 13
forfeiture order in relation to a motor vehicle, a police officer 14
must give the person to whom the application relates and each 15
owner of the motor vehicle written notice of the date, time and 16
place of the hearing. 17
`(2) If the person to whom the application relates or the owner is a 18
child and it is reasonably practicable to do so, notice must also 19
be given to the child's parent or guardian. 20
`Part 4 Deciding applications 21
`Division 1 Where and when application may be 22
heard 23
`443ZM Where application is to be decided 24
`An application for an impounding order or a forfeiture order 25
must be heard and decided by the relevant court. 26
s 79 89 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`443ZN When application to be heard 1
`(1) An application for an impounding order in relation to an 2
evasion offence must be heard and decided as soon as possible 3
after the person to whom the application relates is found 4
guilty of 1 evasion offence. 5
`(2) An application for a forfeiture order in relation to an evasion 6
offence must be heard and decided as soon as possible after 7
the person to whom the application relates has been found 8
guilty of 2 evasion offences committed within the prescribed 9
period. 10
`(3) However, if, after an application for a forfeiture order is 11
made-- 12
(a) the person to whom the application relates is found not 13
guilty of 1 of the evasion offences or the proceeding for 14
1 of the offences is discontinued; and 15
(b) no motor vehicle has previously been impounded for an 16
evasion offence on an application made in relation to 17
that person for an offence to which the application for 18
the forfeiture order relates; 19
the relevant court may hear and decide the application for the 20
forfeiture order as if it were an application for an impounding 21
order. 22
`(4) An application for a forfeiture order to which subsection (3) 23
applies is taken, for divisions 2 and 3, to be an application for 24
an impounding order. 25
`Division 2 Consideration of applications 26
`443ZO Consideration of application for impounding order 27
`(1) On the hearing of an application for an impounding order for 28
an evasion offence, the relevant court may order that the motor 29
vehicle be impounded for a stated period, of not more than 3 30
months if the person to whom the application relates has been 31
found guilty of 1 evasion offence. 32
s 79 90 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
1
Note--
2
Section 443ZY makes provision for enforcing the order.
`(2) Despite subsection (1), the relevant court may make an order 3
under section 443ZQ for the performance by the person of 4
community service as decided by the court. 5
`(3) If the person was a child when the evasion offence was 6
committed, the relevant court must consider whether to make 7
a costs order under section 443ZR. 8
`443ZP Consideration of application for forfeiture order 9
`(1) On the hearing of an application for a forfeiture order for an 10
evasion offence, the relevant court may order that the motor 11
vehicle be forfeited to the State or impounded for the period, 12
of not more than 3 months, fixed by the court if the person to 13
whom the application relates has been found guilty of 2 14
evasion offences committed within the prescribed period. 15
`(2) If-- 16
(a) under subsection (1), the relevant court orders the 17
impounding of the motor vehicle to which the 18
application relates; and 19
(b) a relevant court has previously made an impounding 20
order under section 443ZO for an evasion offence 21
committed within the relevant period and forming the 22
basis of the application; 23
the motor vehicle is impounded under subsection (1) for the 24
evasion offence giving rise to the application for the forfeiture 25
order and not for the evasion offence to which the impounding 26
order under section 443ZO relates. 27
`(3) Despite subsection (1), the relevant court may make an order 28
under section 443ZQ for the performance by the person to 29
whom the application relates of community service as decided 30
by the court. 31
`(4) On the making of a forfeiture order for a motor vehicle-- 32
(a) the vehicle becomes the property of the State; and 33
s 79 91 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(b) any right of a person to enforce a charge or other 1
security interest registered under the Motor Vehicles and 2
Boats Securities Act 1986 against a person other than 3
the State by taking possession of the vehicle is 4
extinguished. 5
`Division 3 Other provisions about applications 6
and orders 7
`Subdivision 1 Community service orders 8
`443ZQ Community service instead of impounding or 9
forfeiture order 10
`(1) This section applies if-- 11
(a) the relevant court is satisfied impounding or forfeiting a 12
motor vehicle will cause severe financial hardship to an 13
owner or usual driver of the motor vehicle; and 14
(b) the person to whom the application relates was an adult 15
when he or she committed the offence, or the last 16
offence, to which the application relates. 17
`(2) The court may, instead of ordering the impounding or 18
forfeiture of the motor vehicle, order the person to perform 19
not more than 240 hours community service. 20
`(3) An order made under subsection (2)-- 21
(a) is taken to be an order under the Penalties and Sentences 22
Act 1992 for the performance of community service 23
under a fine option order under that Act; and 24
(b) is taken to have been made in the proceeding for the 25
evasion offence giving rise to the application for the 26
impounding order or forfeiture order. 27
s 79 92 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`Subdivision 2 Costs orders if child found guilty of 1
evasion offence 2
`443ZR Costs order if child found guilty of evasion offence 3
`(1) This section applies if the relevant court makes an 4
impounding order and the person to whom the application 5
relates was a child when he or she committed the evasion 6
offence in relation to which the order is made. 7
`(2) The relevant court must consider whether the child has the 8
capacity to pay the costs of removing and keeping the motor 9
vehicle and, if the court considers the child has the capacity to 10
pay those costs, may order the child to pay the costs of 11
removing and keeping the motor vehicle. 12
`(3) If, after considering any submissions made by the child or the 13
child's parent, the relevant court considers the child does not 14
have the capacity to pay the costs of removing and keeping the 15
motor vehicle, the relevant court may call on the child's parent 16
under applied section 258 to show cause under applied section 17
259, as directed by the court, why the parent should not pay 18
the costs of removing and keeping the motor vehicle. 19
`(4) The relevant court may, under applied section 259, order the 20
child's parent to pay the costs of removing and keeping the 21
motor vehicle. 22
`(5) In this section-- 23
applied section 258 means the Juvenile Justice Act 1992, 24
section 258, as applied by section 443ZS. 25
applied section 259 means the Juvenile Justice Act 1992, 26
section 259, as applied by section 443ZS. 27
parent includes a guardian other than the chief executive 28
(child safety). 29
`443ZS Application of applied sections for s 443ZR 30
`(1) This section states how applied sections 258 and 259 apply for 31
section 443ZR. 32
`(2) Applied section 258 applies as if-- 33
s 79 93 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(a) subsections (1) and (9) were omitted; and 1
(b) a reference in the applied section-- 2
(i) to compensation were a reference to the costs of 3
removing and keeping a motor vehicle impounded 4
under this chapter; and 5
(ii) to the prosecution were a reference to the applicant 6
for the impounding order or forfeiture order. 7
`(3) Applied section 259 applies as if-- 8
(a) a reference in the applied section-- 9
(i) to compensation were a reference to the costs of 10
removing and keeping a motor vehicle impounded 11
under this chapter; and 12
(ii) to the prosecution were a reference to the applicant 13
for the impounding order; and 14
(b) a reference in applied section 259(4) to a show cause 15
hearing is a reference to the hearing and determination 16
of the issue of whether a parent should be ordered, under 17
applied section 259(5), to pay the costs of removing and 18
keeping a motor vehicle impounded under this chapter; 19
and 20
(c) applied section 259(4), to the extent it mentions the 21
director of public prosecutions, does not apply; and 22
(d) the expression in applied section 259(5) `of the matters 23
mentioned in section 258(1)(a), (b) and (c)' read instead 24
as `that the parent should be ordered to pay the costs of 25
removing and keeping a motor vehicle impounded under 26
the Police Powers and Responsibilities Act 2000, 27
chapter 11A'. 28
`(4) Also, in relation to an order made under applied section 29
259(5)-- 30
(a) the Juvenile Justice Act 1992, section 260 does not 31
apply to that order; and 32
s 79 94 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(b) the order is taken instead to be an order fining a person 1
for an offence for the purposes of the State Penalties 2
Enforcement Act 1999, section 34.35 3
`Subdivision 3 Offences 4
`443ZT Motor vehicle not to be sold etc. before charge of 5
offence is decided 6
`(1) This section applies if a proceeding for an evasion offence is 7
started against the driver or owner of a motor vehicle involved 8
in the offence. 9
`(2) The owner of the motor vehicle must not modify or sell or 10
otherwise dispose of the motor vehicle before the proceeding 11
is decided. 12
Maximum penalty--40 penalty units. 13
`(3) In this section-- 14
modify, a motor vehicle, includes remove the engine or 15
gearbox from the motor vehicle. 16
`443ZU Offence to remove motor vehicle impounded under 17
court order 18
`A person must not unlawfully remove a motor vehicle 19
impounded under an impounding order under this chapter 20
from a holding yard. 21
Maximum penalty--40 penalty units. 22
35 State Penalties Enforcement Act 1999, section 34 (Default in paying fine, penalty or
other amount under court order)
s 79 95 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`Subdivision 4 General 1
`443ZV Defence 2
`In a proceeding for an impounding order or a forfeiture order 3
under this chapter, it is a defence for an owner of the vehicle 4
to prove that the evasion offence happened without the 5
knowledge and consent of the owner. 6
7
Example--
8
A parent lends a motor vehicle to his or her child to visit friends and the
9
child commits an evasion offence in the vehicle. If the relevant court is
10
satisfied, on evidence tendered or submissions made by the parent, that
11
the child committed the offence without the knowledge and consent of
12
the parent, the court may refuse to order the impounding or forfeiture of
13
the motor vehicle.
`443ZW Counting the occasions 14
`(1) For sections 443ZI, 443ZK, 443ZN(2) and 443ZP, for an 15
occasion of the commission of an offence to be counted in 16
addition to another occasion counted, an occasion must be a 17
separate occasion, that is, an event or series of events that 18
happened on an occasion separate to the event or series of 19
events making up the other occasion. 20
`(2) In section 443ZI, a reference to an evasion offence committed 21
on a previous occasion is a reference to an evasion offence 22
committed on an occasion before the occasion of the evasion 23
offence giving rise to the application for the forfeiture order. 24
`(3) Subject to subsections (1) and (2), for a decision under section 25
443ZI, 443ZK, 443ZN(2) or 443ZP of whether or not a person 26
has, or has previously, been charged with, or found guilty of, 27
an evasion offence committed on a previous occasion or any 28
occasion or occasions, the following do not matter-- 29
(a) whether or not any finding of guilt relied on relates to a 30
charge heard and decided together with another charge 31
or other charges relating to another or other findings of 32
guilt being relied on; 33
(b) whether or not findings of guilt relied on relate to 34
charges that were heard and decided in the order in 35
s 79 96 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
which the occasions of the commission of offences to 1
which they related happened; 2
(c) whether or not any occasion of the commission of an 3
offence, or any charge or any finding of guilt, relied on 4
happened before or after any occasion of the 5
commission of an offence, charge or finding of guilt also 6
relied on. 7
8
Example--
9
An offender commits evasion offences on 1 January (offence 1) and 1
10
May (offence 2). The offender is charged with offence 1 on 15 January
11
and offence 2 on 14 May. The offender is convicted of offence 2 on 15
12
June and offence 1 on 1 October. When a court considers the application
13
for impoundment or forfeiture on 1 December, for the purpose of
14
counting the occasions mentioned in subsection (1), there are 2
15
occasions the court may rely on to make an order.
`(4) For a decision under sections 443ZO or 443ZP, the following 16
do not matter-- 17
(a) whether or not any finding of guilt relied on is for an 18
offence in relation to which the application was 19
originally started; 20
21
Example for paragraph (a)--
22
An application may relate to particular evasion offences but
23
before the application is decided, the driver is found guilty of
24
another evasion offence. The court may rely on the latter finding
25
of guilt when making an order under the sections mentioned.
(b) whether or not any finding of guilt relied on in an 26
application relates to an offence committed before or 27
after the application was started. 28
`443ZX Appeal 29
`(1) An order made against a person under section 443ZQ for the 30
performance of community service may be appealed against 31
as a sentence imposed on the person. 32
`(2) A person may appeal against any other order of a relevant 33
court to the District Court within 28 days after the order is 34
made. 35
s 79 97 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`443ZY Powers for enforcing court order 1
`(1) This section applies if a relevant court, on an application 2
under this chapter for an impounding order or forfeiture order 3
for a motor vehicle, makes an impounding order or a 4
forfeiture order for the motor vehicle. 5
`(2) For giving effect to an impounding order or a forfeiture order, 6
the court may, in the order, authorise a police officer, without 7
warrant, to enter any place the police officer reasonably 8
suspects is a place where the motor vehicle may be found, 9
and-- 10
(a) for an impounding order--search for and impound the 11
motor vehicle; or 12
(b) for a forfeiture order--search for and take possession of 13
the motor vehicle for the State. 14
`(3) If an impounding order or forfeiture order authorises a police 15
officer to enter a place for giving effect to the order as 16
mentioned in subsection (2), power to enter the place under 17
the order includes power to re-enter the place as often as is 18
reasonably necessary for the purpose. 19
`(4) For impounding or taking possession of a motor vehicle under 20
an order of a court, a police officer may-- 21
(a) stop the motor vehicle if it is moving, whether or not the 22
motor vehicle is on a road; or 23
(b) require the driver of the motor vehicle if it is stationary 24
to remain at the place where it is stopped for the time 25
reasonably necessary; or 26
(c) direct the person who has the key necessary to move the 27
motor vehicle-- 28
(i) to give the key to a police officer; or 29
(ii) if the motor vehicle is in a dwelling, to move the 30
motor vehicle out of the dwelling and give the key 31
to a police officer; or 32
(d) if it is necessary to enter the motor vehicle to impound 33
or take possession of it, enter the motor vehicle to 34
impound or take possession of it; or 35
s 79 98 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(e) enter a place, other than the part of a place that is a 1
dwelling, and stay for a reasonable time at the place; or 2
(f) do anything else reasonably necessary to impound or 3
take possession of the motor vehicle. 4
`(5) A police officer may exercise a power under subsection (4)(a) 5
or (b) before or after a police officer seizes or takes possession 6
of the motor vehicle. 7
`443ZZ Duties of police officer after impounding or seizing 8
motor vehicle 9
`(1) After impounding a motor vehicle under an impounding order 10
or taking possession of a motor vehicle under a forfeiture 11
order, a police officer must move the motor vehicle, or arrange 12
for the motor vehicle to be moved, to a holding yard in the 13
way the police officer considers appropriate. 14
`(2) If the motor vehicle is impounded, the police officer must give 15
the owner of the motor vehicle a notice stating-- 16
(a) how the owner of the motor vehicle may recover the 17
motor vehicle; and 18
(b) that, before the motor vehicle may be recovered, the 19
owner may be required to produce satisfactory evidence 20
of ownership of the motor vehicle; and 21
(c) that if the owner was the driver of the motor vehicle 22
when the offence for which the motor vehicle was 23
impounded happened, the owner will be required to pay 24
the costs of removing and keeping the motor vehicle; 25
and 26
(d) that if the owner was not the driver of the motor vehicle 27
when the offence for which the motor vehicle was 28
impounded happened, the driver will be required to pay 29
the costs of removing and keeping the motor vehicle; 30
and 31
(e) the penalty for unlawfully removing the motor vehicle 32
from the place where it is held. 33
s 79 99 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`443ZZA Police officer may authorise tow 1
`(1) This section applies if a police officer arranges for a motor 2
vehicle impounded or forfeited to the State under division 2 to 3
be moved to a holding yard. 4
`(2) A police officer may sign a towing authority for the motor 5
vehicle. 6
`(3) The driver of a tow truck towing the motor vehicle under a 7
towing authority must tow the motor vehicle to-- 8
(a) if the police officer directs the driver to tow the motor 9
vehicle to a particular holding yard--the holding yard; 10
or 11
(b) if paragraph (a) does not apply--the holding yard to 12
which the driver ordinarily tows motor vehicles. 13
`(4) In this section-- 14
towing authority means-- 15
(a) a towing authority under the Tow Truck Act 1973; or 16
(b) another document authorising a person to tow a motor 17
vehicle. 18
`Part 5 Other provisions 19
`Division 1 Liability for costs of impounding 20
`443ZZB Liability to pay costs of impounding--adult driver 21
`(1) This section applies in relation to a motor vehicle impounded 22
for an evasion offence. 23
`(2) If the motor vehicle was impounded because an adult driver 24
was found guilty of an evasion offence and the driver was not 25
the owner of the motor vehicle, the driver is liable to pay the 26
costs of removing and keeping the motor vehicle. 27
s 79 100 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(3) If the motor vehicle was impounded because the owner was 1
found guilty of an evasion offence, the owner is liable to pay 2
the costs of removing and keeping the motor vehicle. 3
`443ZZC Liability to pay costs--child driver 4
`(1) This section applies in relation to a motor vehicle impounded 5
for an evasion offence if the driver or owner of the motor 6
vehicle was a child when he or she committed the offence for 7
which it was impounded. 8
`(2) The child is liable to pay the costs of removing and keeping 9
the motor vehicle if the relevant court orders under section 10
443ZR that the child pay the costs. 11
`(3) However, if the relevant court orders, under section 443ZR, 12
the child's parent to pay the costs of removing and keeping the 13
motor vehicle, the child's parent is liable to pay the costs of 14
removing and keeping the motor vehicle. 15
`443ZZD Payment of costs if motor vehicle not recovered 16
`(1) This section applies if a person who is entitled to recover a 17
motor vehicle after a period of impoundment ends fails to 18
recover the motor vehicle after the period ends. 19
`(2) The driver is liable to pay the costs of keeping the motor 20
vehicle for each day after the period of impounding ends. 21
`443ZZE Registration of costs under State Penalties 22
Enforcement Act 1999 23
`(1) If an adult who is liable to pay costs under this division fails to 24
pay the costs, the commissioner may give particulars of the 25
costs to the registrar under the State Penalties Enforcement 26
Act 1999 for registration under that Act as if-- 27
(a) the commissioner were the registrar of a court; and 28
(b) the particulars were particulars of a fine imposed by a 29
court and the amount of the fine were unpaid after the 30
time allowed by the court for payment. 31
s 79 101 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(2) The registrar must register the particulars under the State 1
Penalties Enforcement Act 1999, section 34.36 2
`(3) For this section, the adult who fails to pay the costs under this 3
division fails to pay the costs if-- 4
(a) the commissioner obtains an order for payment of costs 5
against the person; and 6
(b) the commissioner gives the person a copy of the order 7
and a letter of demand for payment of the costs; and 8
(c) the person fails to pay the costs within 28 days after 9
receiving the copy of the order and the letter of demand 10
or the longer period agreed to by the commissioner. 11
`Division 2 Release of impounded motor 12
vehicle 13
`443ZZF Release of motor vehicle impounded under court 14
order 15
`(1) This section applies if a motor vehicle is impounded under a 16
court order under part 4, division 2. 17
`(2) When the period for which the motor vehicle is impounded 18
ends, the owner of the motor vehicle is entitled to recover the 19
motor vehicle from the holding yard at which it is kept. 20
`(3) At the request of the owner, the person holding the motor 21
vehicle must release the motor vehicle to the owner, or a 22
person appointed in writing by the owner, at the first 23
reasonably practicable opportunity, during business hours on a 24
business day, after the request is made. 25
`(4) In this section-- 26
business hours means 8a.m. to 5p.m. 27
36 State Penalties Enforcement Act 1999, section 34 (Default in paying fine, penalty or
other amount under court order)
s 79 102 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`Division 3 Sale, transfer or disposal of 1
impounded or forfeited motor 2
vehicle 3
`443ZZG Sale of motor vehicle if not recovered after 4
impounding ends 5
`(1) If, within 2 months after a period of impounding of a motor 6
vehicle ends, the owner of the motor vehicle does not recover 7
it, the commissioner may sell the motor vehicle and anything 8
in or on it by public auction or dispose of it in the way the 9
commissioner considers appropriate. 10
`(2) Notice of the proposed sale or disposal must be given by 11
advertisement in a newspaper circulating in the locality where 12
the vehicle was impounded. 13
`(3) Also, the commissioner must give written notice of the 14
proposed sale or disposal of the motor vehicle to the owner. 15
`443ZZH Voluntary transfer of ownership of motor vehicle to 16
State 17
`(1) This section applies despite section 443ZT. 18
19
Note--
20
Under section 443ZT it is an offence for the owner of a motor vehicle
21
that is the subject of an impounding order or forfeiture order application
22
to modify, sell or otherwise dispose of the vehicle before the application
23
is decided.
`(2) The owner of a motor vehicle to which section 443ZT applies 24
may agree to transfer ownership of the vehicle to the State. 25
`(3) The agreement must be written and witnessed by a person 26
who may witness a statutory declaration. 27
`(4) If the State agrees in writing to the transfer of the motor 28
vehicle-- 29
(a) the motor vehicle becomes the property of the State; and 30
(b) the commissioner may sell or dispose of the motor 31
vehicle and anything in or on it in the way the 32
commissioner considers appropriate. 33
s 79 103 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`443ZZI Disposal of forfeited motor vehicle 1
`The commissioner may dispose of a motor vehicle forfeited 2
to the State under this part in the way the commissioner 3
considers appropriate, including by selling it. 4
`443ZZJ Application of proceeds of sale 5
`(1) This section applies if the commissioner decides to sell a 6
motor vehicle under section 443ZZG or 443ZZI. 7
`(2) The proceeds of the sale are to be applied in the following 8
order-- 9
(a) in payment of the expenses of the sale; 10
(b) in payment of the costs of removing and keeping the 11
motor vehicle and for searching registers for giving 12
notice of the motor vehicle's impounding; 13
(c) if there is an amount owing to a person under a security 14
interest registered for the motor vehicle under the Motor 15
Vehicles and Boats Securities Act 1986--in payment of 16
the amount owing to the holder of the security interest; 17
(d) if the motor vehicle is sold under section 443ZZG--in 18
payment of any balance to the owner; 19
(e) if the motor vehicle is sold under section 443ZZI--in 20
payment to the consolidated fund. 21
`Division 4 Other provisions 22
`443ZZK Protection from liability 23
`(1) A police officer acting in good faith and without negligence is 24
not liable for any damage, loss or depreciation to a motor 25
vehicle during the impounding of the motor vehicle. 26
`(2) If subsection (1) prevents liability attaching to a police officer, 27
liability attaches instead to the State. 28
`(3) Also, if a police officer signs a towing authority under section 29
443ZZA for the motor vehicle, the State is not liable for any 30
damage, loss or depreciation to the motor vehicle while it is 31
s 79 104 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
being moved under the towing authority and while it is 1
impounded in the holding yard of the person authorised under 2
the towing authority to tow the motor vehicle. 3
`443ZZL Third party protection from forfeiture order 4
`(1) A person, other than the defendant, who did not appear at the 5
hearing of an application for a forfeiture order and has an 6
interest in the motor vehicle forfeited to the State under the 7
order may apply to the relevant court for an order under 8
subsection (6). 9
`(2) Subsection (1) applies even though the value of the motor 10
vehicle may be more than the maximum amount that may be 11
claimed in a personal action in the civil jurisdiction of a 12
Magistrates Court. 13
`(3) Unless the relevant court gives leave, the application must be 14
made before the end of the period of 6 months starting on the 15
day the forfeiture order was made. 16
`(4) The relevant court may give leave for a later application if it is 17
satisfied that the delay in applying was not because of the 18
applicant's neglect. 19
`(5) Unless the relevant court gives leave, a person who was given 20
notice of the application for the forfeiture order can not apply 21
to the court for an order under subsection (6). 22
`(6) On an application, an order may be made-- 23
(a) declaring the nature, extent and, if necessary for the 24
order, the value (when the declaration is made) of the 25
applicant's interest in the motor vehicle; and 26
(b) directing the State-- 27
(i) if the motor vehicle is still vested in the State--to 28
transfer the motor vehicle to the applicant; or 29
(ii) if the motor vehicle is no longer vested in the 30
State--to pay to the applicant the value of the 31
applicant's interest in the motor vehicle after 32
taking into account any amount paid to the holder 33
of a registered security interest under section 34
443ZZJ(2)(c). 35
s 79 105 s 79
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(7) The relevant court must, and may only, make the order if it is 1
satisfied-- 2
(a) the applicant has or, apart from the forfeiture, would 3
have a genuine interest in the motor vehicle; and 4
(b) the relevant evasion offence happened without the 5
knowledge and consent of the applicant. 6
`(8) For all applications, including applications for leave to 7
apply-- 8
(a) the applicant must give notice of the making of the 9
application to the commissioner; and 10
(b) the party given notice is a party to the application. 11
`(9) In this section-- 12
defendant means the person found guilty of the evasion 13
offence because of which the forfeiture order was made. 14
relevant court means the relevant court to which the 15
application for the forfeiture order was made. 16
relevant evasion offence means the evasion offence because 17
of which the forfeiture order was made. 18
`443ZZM Review 19
`(1) The CMC must review the use by police officers of powers 20
under this chapter and prepare a report on the review. 21
`(2) The review must be started as soon as practicable after 30 22
June 2009. 23
`(3) The conduct of the review and the preparation of the report is 24
a function of the CMC for the Crime and Misconduct Act 25
2001. 26
`(4) In the course of preparing the report, the CMC must consult 27
with the Minister. 28
`(5) The CMC must give a copy of the report to the Speaker for 29
tabling in the Legislative Assembly.'. 30
s 80 106 s 82
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 80 Replacement of s 447 (Assistance at fire or chemical 1
incidents) 2
Section 447-- 3
omit, insert-- 4
`447 Helping at fire or hazardous materials emergency 5
`(1) It is the duty of a police officer who is present at a fire or 6
hazardous materials emergency to give a fire officer who is 7
performing functions and exercising powers under the Fire 8
and Rescue Service Act 1990 reasonably necessary help. 9
`(2) In this section-- 10
fire officer has the meaning given by the Fire and Rescue 11
Service Act 1990, schedule 6. 12
hazardous materials emergency has the meaning given by the 13
Fire and Rescue Service Act 1990, schedule 6.'. 14
Clause 81 Insertion of new s 447B 15
After section 447A-- 16
insert-- 17
`447B Disposal of clothing of deceased person 18
`(1) This section applies in relation to the clothing of a deceased 19
person if a police officer is present when the clothing is 20
removed from the deceased person's body. 21
`(2) If a police officer considers it would be inappropriate to give 22
the clothing to a relative of the deceased person, for example, 23
because it is damaged, soiled or stained, the police officer may 24
dispose of the clothing, including by destroying it. 25
`(3) Clothing disposed of under subsection (2) is taken to have 26
been forfeited to the State immediately before its disposal.'. 27
Clause 82 Amendment of s 448 (Assistance to courts, etc.) 28
(1) Section 448(3)-- 29
renumber as section 448(4). 30
(2) Section 448-- 31
s 83 107 s 84
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
insert-- 1
`(3) Also, it is the duty of a watch-house officer to comply with 2
any lawful direction, request, or order of the tribunal and any 3
reasonable request the judge or other presiding officer may 4
lawfully make that relates to the presence or conduct of a 5
person transferred under section 397 from a watch-house to a 6
court cell who is present before the tribunal.'. 7
Clause 83 Amendment of s 455 (Compensation) 8
Section 455(1)-- 9
omit, insert-- 10
`(1) This section applies if a person suffers loss because-- 11
(a) a police officer exercises powers under this Act; or 12
(b) an assistant exercises powers under this Act in 13
accordance with a request of a police officer given under 14
section 373.'. 15
Clause 84 Insertion of new s 459A 16
After section 459-- 17
insert-- 18
`459A Renumbering of Act 19
`(1) On the commencement of this section, the provisions of this 20
Act are amended by numbering and renumbering them in the 21
same way as a reprint may be numbered and renumbered 22
under the Reprints Act 1992, section 43. 23
`(2) Subsection (1) applies to a provision of this Act enacted or 24
otherwise affected (a relevant provision) by a provision of an 25
amending Act enacted but uncommenced when subsection (1) 26
is commenced (the uncommenced provision), with the 27
following intent for the relevant provision-- 28
(a) if the number of the relevant provision would have 29
changed under subsection (1) had the uncommenced 30
provision commenced-- 31
s 85 108 s 85
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(i) a number is allocated to the relevant provision as if 1
the uncommenced provision had commenced; and 2
(ii) when the uncommenced provision commences, the 3
number of the relevant provision is amended by 4
omitting it and inserting the number allocated to it 5
under subparagraph (i); 6
(b) if the relevant provision would have been omitted or 7
relocated had the uncommenced provision commenced, 8
its number remains the same as it was before the 9
commencement of subsection (1) until the omission or 10
relocation takes effect. 11
`(3) Without limiting the Reprints Act 1992, section 43(4), each 12
reference in this Act, and each reference in another Act 13
mentioned in schedule 3A to a provision of the Act 14
renumbered under subsection (1), is amended, when the 15
renumbering happens, by omitting the reference to the 16
previous number and inserting the new number. 17
`(4) This section and schedule 3A expire on the later of the 18
following-- 19
(a) the day after the commencement of the last numbering 20
or renumbering of a provision done under the section; 21
(b) 30 June 2007. 22
`(5) In this section-- 23
amending Act means an Act that amends this Act. 24
Clause 85 Insertion of new ch 13, pt 7 25
Chapter 13-- 26
insert-- 27
s 85 109 s 85
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`Part 7 Transitional and Other 1
provisions for Police Powers 2
and Responsibilities and Other 3
Acts Amendment Act 2006 4
`509 Particular evidentiary certificates under s 318ZZB 5
`(1) This section applies if a prosecuting authority gives a 6
defendant a certificate under section 318ZZB(2), as in force 7
immediately before the commencement of the Police Powers 8
and Responsibilities and Other Acts Amendment Act 2006, 9
section 48, and the time for challenging a matter stated in the 10
certificate has not ended. 11
`(2) Section 318ZZB(3), as in force immediately before the 12
commencement of the Police Powers and Responsibilities and 13
Other Acts Amendment Act 2006, section 48, continues to 14
apply to the certificate. 15
`510 Effect of declaration under s 371F 16
`(1) To remove doubt, it is declared that the Police Powers and 17
Responsibilities Amendment Regulation (No. 1) 2005 SL No. 18
84 is, and always was, effective to extend the end of the period 19
for expiry of sections 371B to 371E. 20
`(2) Also, sections 371B to 371F are taken never to have expired. 21
`(3) In addition, anything done under sections 371B to 371E after 22
the date on which, apart from this section, the sections would 23
otherwise have expired is as valid and effective as it would 24
have been if the Police Powers and Responsibilities 25
Amendment Regulation (No. 1) 2005 SL No. 84 had been 26
made and notified before the end of the period for expiry of 27
the sections. 28
`(4) Further, if a regulation (extension regulation) is made before 29
the commencement of this section to further extend the period 30
for expiry of sections 371B to 371E, the extension regulation 31
s 85 110 s 85
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
is as valid and effective as if this section had commenced 1
before the commencement of the extension regulation. 2
`(5) Anything else done under the extension regulation has effect. 3
`511 Transitional provision for former s 432 4
`Section 432, as in force immediately before the 5
commencement of the Police Powers and Responsibilities and 6
Other Acts Amendment Act 2006, section 74, continues to 7
apply in relation to a drug destruction notice given under 8
section 432 as if the Police Powers and Responsibilities and 9
Other Acts Amendment Act 2006, section 74 had not been 10
enacted.37 11
`512 Controlled activities 12
`(1) To remove any doubt, it is declared that a controlled activity 13
that was purportedly authorised under section 190, as in force 14
immediately before the commencement of the Cross-Border 15
Law Enforcement Legislation Amendment Act 2005, section 16
12 for an offence other than a serious indictable offence is and 17
always has been as validly authorised as it would have been 18
had the offence for which the controlled activity was 19
authorised been a serious indictable offence. 20
`(2) Also, to remove any doubt, it is declared that anything done 21
because of a purported authorisation of a controlled activity 22
mentioned in subsection (1) that would have been lawfully 23
done if the thing had been done under a validly authorised 24
controlled activity in relation to a serious indictable offence is 25
taken to have been lawfully done. 26
`513 Transitional regulation-making power 27
`(1) A regulation (transitional regulation) may prescribe as 28
controlled activity offences for chapter 5 offences that are not 29
already controlled activity offences. 30
37 Police Powers and Responsibilities and Other Acts Amendment Act 2006, section
68 (Replacement of ch 11, pt 3, div 3)
s 86 111 s 86
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(2) A transitional regulation must declare it is a transitional 1
regulation. 2
`(3) This section and any transitional regulation made under it 3
expire 12 months after this section commences.'. 4
Clause 86 Insertion of new schs 3A3B 5
After schedule 3-- 6
insert-- 7
`Schedule 3A Renumbered cross-references 8
section 459A 9
Aboriginal Communities (Justice and Land 10
Matters) Act 1984 11
1 Section 13 12
Animal Care and Protection Act 2001 13
1 Section 154 14
Australian Crime Commission (Queensland) 15
Act 2003 16
1 Section 29(14) 17
s 86 112 s 86
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Bail Act 1980 1
1 Section 7 2
2 Section 14 3
3 Section 23 4
4 Section 29A 5
Commission for Children and Young People 6
and Child Guardian Act 2000 7
1 Schedule 4 8
Community Services (Torres Strait) Act 1984 9
1 Section 75 10
Coroners Act 2003 11
1 Section 13 12
2 Section 15 13
3 Section 18 14
s 86 113 s 86
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Corrective Services Act 2006 1
1 Section 20 2
2 Section 104 3
3 Section 112 4
4 Section 202 5
5 Section 206 6
6 Section 210 7
7 Section 327 8
8 Section 405 9
Crime and Misconduct Act 2001 10
1 Section 40 11
2 Section 138 12
3 Section 139 13
4 Section 146 14
5 Section 255 15
6 Section 270 16
7 Section 317 17
8 Section 376 18
9 Section 377 19
10 Section 379 20
11 Section 381 21
12 Section 382 22
s 86 114 s 86
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Criminal Proceeds Confiscation Act 2002 1
1 Section 44 2
2 Section 212 3
3 Section 213 4
4 Section 238 5
5 Section 239 6
6 Schedule 6 7
Domestic and Family Violence Protection Act 8
1989 9
1 Schedule 10
Drugs Misuse Act 1986 11
1 Section 122A 12
Education (General Provisions) Act 1989 13
1 Section 117 14
s 86 115 s 86
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Education (Queensland College of Teachers) 1
Act 2005 2
1 Schedule 3 3
Evidence Act 1977 4
1 Section 21AD 5
2 Section 21C 6
3 Section 21G 7
4 Section 137 8
Freedom of Information Act 1992 9
1 Schedule 3 10
Justices Act 1886 11
1 Section 47 12
Juvenile Justice Act 1992 13
1 Section 11 14
2 Section 13 15
s 86 116 s 86
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
3 Section 43 1
4 Section 49 2
5 Section 50 3
6 Section 69 4
7 Section 168 5
8 Section 289 6
9 Section 323 7
10 Section 328 8
11 Schedule 4 9
Legal Profession Act 2004 10
1 Section 323 11
Local Government (Aboriginal Lands) Act 1978 12
1 Section 30 13
Liquor Act 1992 14
1 Section 187A 15
s 86 117 s 86
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Marine Parks Act 2004 1
1 Section 52 2
Mental Health Act 2000 3
1 Section 25 4
2 Section 30 5
3 Section 508 6
4 Section 513 7
5 Section 515 8
6 Section 568 9
Penalties and Sentences Act 1992 10
1 Section 15C 11
Police Service Administration Act 1990 12
1 Section 1.4 13
2 Section 5.17 14
3 Section 5A.2 15
4 Section 5AA.14 16
5 Section 10.1 17
s 86 118 s 86
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Prostitution Act 1999 1
1 Section 60 2
2 Section 65 3
3 Section 75 4
Public Health Act 2005 5
1 Section 318 6
Public Safety Preservation Act 1986 7
1 Section 27 8
2 Section 41 9
3 Section 42 10
State Penalties Enforcement Act 1999 11
1 Section 151 12
Summary Offences Act 2005 13
1 Section 11 14
2 Section 15 15
s 86 119 s 86
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
3 Section 27 1
4 Section 28 2
Terrorism (Preventative Detention) Act 2005 3
1 Section 23 4
2 Section 29 5
3 Schedule 6
Tow Truck Act 1973 7
1 Section 4 8
2 Section 4C 9
3 Section 38 10
4 Section 43 11
Weapons Act 1990 12
1 Section 168C 13
Youth Participation in Education and Training 14
Act 2003 15
1 Section 21 16
s 86 120 s 86
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`Schedule 3B Additional controlled activity 1
offences 2
section 132 3
Part 1 Indictable offences 4
1 Criminal Code 5
An offence against the following provisions of the Criminal 6
Code-- 7
· section 398 (Punishment of stealing) if the offence does 8
not involve punishment as a special case 9
· section 406 (Bringing stolen goods into Queensland) 10
· section 408C(1) (Fraud) if, in the circumstances of the 11
offence, the offence is not a seven year imprisonment 12
offence 13
· section 408D (Computer hacking and misuse) if, in the 14
circumstances of the offence, the offence is a crime but 15
is not a seven year imprisonment offence 16
· section 444A (Killing animals with intent to steal) 17
· section 444B (Using registered brands with criminal 18
intention) 19
· section 445 (Unlawfully using stock) 20
· section 446 (Suspicion of stealing stock) 21
· section 447 (Illegal branding) 22
· section 448 (Defacing brands) if the offence does not 23
involve punishment as a special case 24
· section 448A (Having in possession stock with defaced 25
brand) 26
s 86 121 s 86
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
· section 469 (Wilful damage) if the offence does not 1
involve punishment as a special case 2
· section 488 (Forgery and uttering) 3
· section 514(1) (Personation in general) 4
· section 541 (Conspiracy to commit crime) if, in the 5
circumstances of the offence, the offence is not a seven 6
year imprisonment offence 7
· section 542 (Conspiracy to commit other offences) 8
· section 544 (Accessories after the fact to crimes) 9
· section 545 (Accessories after the fact to 10
misdemeanours and some other offences) if, in the 11
circumstances of the offence, the offence is not a seven 12
year imprisonment offence. 13
2 Drugs Misuse Act 1986 14
An offence against the following provisions of the Drugs 15
Misuse Act 1986-- 16
· section 10(1) (Possessing things) if the offence involves 17
possession of a thing for use, or that has been used, in 18
connection with the commission of a crime relating to a 19
dangerous drug that is a thing specified in the Drugs 20
Misuse Regulation 1987, schedule 2A 21
· section 11(1) (Permitting use of place) if the offence 22
involves permitting the use of a place for the 23
commission of a crime in relation to a dangerous drug 24
that is a thing specified in the Drugs Misuse Regulation 25
1987, schedule 2A. 26
3 Weapons Act 1990 27
An offence against the Weapons Act 1990, section 50(1) 28
(Possession of weapons) involving circumstances to which 29
paragraph (c)(ii) of the penalty applies. 30
s 86 122 s 86
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Part 2 Simple offences 1
4 Animal Care and Protection Act 2001 2
An offence against the following provisions of the Animal 3
Care and Protection Act 2001-- 4
· section 21 (Participation in prohibited event) 5
· section 22 (Presence at prohibited event). 6
5 Criminal Code 7
An offence against the following provisions of the Criminal 8
Code-- 9
· section 408D (Computer hacking and misuse) if, in the 10
circumstances of the offence, the offence is not a crime 11
· section 426 (Unlawful entry of vehicle). 12
6 Criminal Proceeds Confiscation Act 2002 13
An offence against the Criminal Proceeds Confiscation Act 14
2002, section 252 (Possession etc. of property suspected of 15
being tainted property). 16
7 Drugs Misuse Act 1986 17
An offence against the Drugs Misuse Act 1986, section 10A 18
(Possessing suspected property). 19
8 Explosives Act 1999 20
An offence against the following provisions of the Explosives 21
Act 1999-- 22
· section 11 (Offence in relation to unauthorised and 23
prohibited explosives) 24
· section 34 (Authority required to possess explosives) 25
· section 36 (Bringing or sending certain explosives into 26
and out of the State) 27
s 87 123 s 87
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
· section 38 (Explosive to be manufactured under 1
authority) 2
· section 42 (Unauthorised sales of explosives) 3
· section 44 (Authority needed to store explosives). 4
9 Prostitution Act 1999 5
An offence against the Prostitution Act 1999, section 73 6
(Public soliciting for purposes of prostitution). 7
10 Weapons Act 1990 8
An offence against the following provisions of the Weapons 9
Act 1990-- 10
· section 35 (Acquisition of weapons) 11
· section 36 (Sale or disposal of weapons) 12
· section 50 (Possession of weapons) involving 13
circumstances to which paragraph (c)(iii) of the penalty 14
applies) 15
· section 61 (Shortening firearms) 16
· section 62 (Modifying construction or action of 17
firearms) 18
· section 64 (Obtaining weapons by deceit) 19
· section 66 (Dispatch of weapons).'. 20
Clause 87 Amendment of sch 4 (Dictionary) 21
(1) Schedule 4, definitions entrant, forfeiture order, impounding 22
order, modify, place of safety, post-prison community based 23
release order, prescribed indictable offence, prescribed 24
period, prescribed place, public official, relevant court and 25
relevant period-- 26
omit. 27
(2) Schedule 4-- 28
insert-- 29
s 87 124 s 87
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`alarm, for chapter 11A, see section 443W. 1
animal, for chapter 2D, part 2, see the Road Use Management 2
Act, schedule 4. 3
entrant, to a state building, a special event site or a 4
watch-house, means a person who is about to enter or is at the 5
building, site or watch-house. 6
evasion offence, for chapter 11A, see section 443W. 7
extradition offence see section 206. 38
8
fingerprint means an image or impression of friction ridge 9
detail from the palmar surface of a person's hand and includes 10
a digital image of the friction ridge detail from the palmar 11
surface of the person's hand. 12
forfeiture order, other than in relation to a forfeiture 13
proceeding-- 14
(a) for chapter 2B, see section 59A; or 15
(b) for chapter 11A, see section 443W. 16
impounding order-- 17
(a) for chapter 2B, see section 59A; or 18
(b) for chapter 11A, see section 443W. 19
modify a motor vehicle-- 20
(a) for chapter 2B, see section 59A; or 21
(b) for chapter 11A, see section 443ZT. 22
prescribed period-- 23
(a) for chapter 2B--see section 59A; or 24
(b) for chapter 11A--see section 443W. 25
prescribed place, for chapter 2, part 4, means-- 26
(a) a shop; or 27
(b) a child-care centre; or 28
(c) a pre-school centre; or 29
38 Section 206 (Power of arrest for offences committed outside the State)
s 87 125 s 87
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(d) a primary, secondary or special school; or 1
(e) premises licensed under the Liquor Act 1992; or 2
(f) a railway station and any railway land around it; or 3
(g) a mall; or 4
(h) the part of the corporation area under the South Bank 5
Corporation Act 1989 declared to be the site under that 6
Act; or 7
(i) a licensed venue under the Racing Act 2002; or 8
(j) an automatic teller machine; or 9
(k) a war memorial; 10
but, in relation to soliciting for prostitution, does not include 11
any area in a licensed brothel that can not be viewed from 12
outside the brothel. 13
public official means-- 14
(a) for a government entity--a person who is appointed or 15
authorised under an authorising law to perform 16
inspection, investigation or other enforcement functions 17
under the authorising law for the entity; or 18
(b) for an entity other than a government entity or a local 19
government--a person who is declared under a 20
regulation under this Act to be a public official in 21
relation to inspection, investigation or other 22
enforcement functions the person is appointed or 23
authorised to perform under an authorising law for the 24
entity; or 25
(c) for chapter 1, part 3, division 239--an authorised person 26
under the Local Government Act 1993; or 27
(d) otherwise--a person who is declared by another Act to 28
be a public official for this Act. 29
registered operator has the meaning given by the Road Use 30
Management Act, schedule 4. 31
39 Chapter 1 (Preliminary), part 3 (Appointment as, and helping public officials),
division 2 (Helping public officials)
s 87 126 s 87
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
regulated place see section 35A.40 1
relevant court-- 2
(a) for chapter 2B, see section 59A; or 3
(b) for chapter 11A, see section 443W. 4
relevant period-- 5
(a) for chapter 2B--see section 59A; or 6
(b) for chapter 11A--see section 443W. 7
stop, for chapter 11A, see section 443W. 8
warning light, for chapter 11A, see section 443W. 9
watch-house officer see the Police Service Administration Act 10
1990, section 1.4.41'. 11
(3) Schedule 4, definition cash dealer, `Transactions'-- 12
omit, insert-- 13
`Transaction'. 14
(4) Schedule 4, definition covert act, paragraph (b), after 15
`monitoring order,'-- 16
insert-- 17
`a suspension order,'. 18
(5) Schedule 4, definition DNA sampler, paragraph (b) and (c)-- 19
renumber as paragraphs (c) and (d). 20
(6) Schedule 4, definition DNA sampler-- 21
insert-- 22
`(b) a watch-house officer authorised under section 397K to 23
take DNA samples; or'. 24
(7) Schedule 4, definition enforcement act-- 25
insert-- 26
40 Section 35A (Application of pt 4)
41 Police Service Administration Act 1990, section 1.4 (Definitions)
s 87 127 s 87
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(la) the detention of a person under section 371B.42'. 1
(8) Schedule 4, definition identifying particulars offence, 2
paragraph (b)-- 3
insert-- 4
`· Prostitution Act 1999, section 73'. 5
(9) Schedule 4, definition identifying particulars offence-- 6
insert-- 7
`(c) an extradition offence.'. 8
(10) Schedule 4, definition minor drugs offence, paragraph (a), 9
from `10(2)(a)'-- 10
omit, insert-- 11
`10(2) involving either or both of the following-- 12
(a) possessing not more than 50 grams of cannabis sativa; 13
(b) possessing a thing for use, or that has been used, for 14
smoking cannabis sativa; but'. 15
(11) Schedule 4, definition owner, after `chapter 2B'-- 16
insert-- 17
`or 11A'. 18
(12) Schedule 4, definition owner, after `corresponding law'-- 19
insert-- 20
`, within the meaning of the Road Use Management Act, 21
schedule 4,'. 22
(13) Schedule 4, definition photograph, after `an image'-- 23
insert-- 24
`, whether digitally or in another way'. 25
(14) Schedule 4, definition police establishment, after `a police'-- 26
insert-- 27
`station or police'. 28
42 Section 371B (Dealing with persons affected by potentially harmful things)
s 88 128 s 89
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(15) Schedule 4, definition potentially harmful thing, paragraph 1
(a), `Example'-- 2
omit, insert-- 3
`Examples'. 4
(16) Schedule 4, definition property tracking document, paragraph 5
(b)(ii), `that'-- 6
omit. 7
(17) Schedule 4, definition weapon, paragraph (b), `section 5'-- 8
omit, insert-- 9
`schedule 2'. 10
Part 3 Amendment of Criminal Code 11
Clause 88 Act amended in pt 3 12
This part amends the Criminal Code. 13
Clause 89 Amendment of s 340 (Serious assaults) 14
Section 340-- 15
insert-- 16
`(2A) For subsection (1)(b), the circumstances in which a person 17
assaults a police officer include, but are not limited to, 18
circumstances in which the person bites, spits on or throws a 19
bodily fluid or faeces at a police officer.'. 20
s 90 129 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Part 4 Amendment of Crime and 1
Misconduct Act 2001 2
Clause 90 Act amended in pt 4 and references 3
(1) This part amends the Crime and Misconduct Act 2001. 4
(2) A reference in this part to chapter 3, part 6A and sections 381 5
and 382 is a reference to the provisions as inserted by the 6
Cross-Border Law Enforcement Legislation Amendment Act 7
2005, section 69. 8
Clause 91 Omission of ch 3, pt 6A, div 5 (Special provisions about 9
creating identity documents) 10
Chapter 3, part 6A, division 5-- 11
omit. 12
Clause 92 Insertion of new ch 3, pt 6B 13
Chapter 3, after part 6A-- 14
insert-- 15
`Part 6B Assumed identities 16
`Division 1 Preliminary 17
`146O Purpose of pt 6B 18
`The main purpose of this part is to facilitate investigations 19
and intelligence gathering in relation to misconduct offences. 20
`146P How purpose is achieved 21
`The purpose is to be achieved primarily by providing for the 22
lawful acquisition and use of an assumed identity. 23
s 92 130 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`146Q Definitions for pt 6B 1
`In this part-- 2
acquire, an assumed identity, means acquire evidence, or take 3
steps to acquire evidence, of the identity. 4
agency means-- 5
(a) an issuing agency; or 6
(b) the commission. 7
authorised civilian means a person, other than a commission 8
officer, who is authorised under an authority to acquire or use 9
an assumed identity. 10
authorised identity officer means a commission officer who is 11
authorised under an authority to acquire or use an assumed 12
identity. 13
authorised person means-- 14
(a) an authorised civilian; or 15
(b) an authorised identity officer. 16
authority means an authority granted under section 146T43 to 17
acquire or use an assumed identity, including the authority as 18
varied under section 146W.44 19
birth certificate approval see section 146Y.45 20
conduct includes any act or omission. 21
doing a thing, includes failing to do the thing. 22
evidence, of identity, means a document or other thing, 23
including, for example, a driver licence, birth certificate, 24
credit card or identity card, that evidences or indicates, or can 25
be used to evidence or indicate, a person's identity or any 26
aspect of a person's identity. 27
government issuing agency, in relation to an authority, means 28
an entity that-- 29
43 Section 146T (Deciding application)
44 Section 146W (Variation or cancellation of authority)
45 Section 146Y (Approval for creation of birth certificate for assumed identity)
s 92 131 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(a) is named in the authority; and 1
(b) issues evidence of identity as part of performing any 2
function of the government. 3
issuing agency means-- 4
(a) a government issuing agency; or 5
(b) a non-government issuing agency. 6
non-government issuing agency, in relation to an authority, 7
means an entity, other than a government issuing agency, 8
that-- 9
(a) is named in the authority; and 10
(b) issues evidence of identity. 11
officer, of an agency, includes a person employed or engaged 12
in the agency. 13
supervisor, of an authorised civilian, means the authorised 14
commission officer, appointed under section 146T(3), who 15
supervises or is to supervise the acquisition or use of an 16
assumed identity by the authorised civilian. 17
use an assumed identity, includes representing, whether 18
expressly or impliedly, or by saying or doing something, the 19
identity to be real when it is not. 20
`146R Relationship to other laws 21
`The Public Records Act and the Freedom of Information Act 22
1992 do not apply to activities or records under divisions 2 to 23
7. 24
`Division 2 Authorities for assumed identities 25
`146S Application for authority to acquire or use assumed 26
identity 27
`(1) A commission officer may apply to the chairperson for an 28
authority for the officer or another person to do either or both 29
of the following-- 30
s 92 132 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(a) acquire an assumed identity; 1
(b) use an assumed identity. 2
`(2) A separate application must be made for each assumed 3
identity to be acquired or used. 4
`(3) An application-- 5
(a) must be in writing in the form decided by the 6
chairperson; and 7
(b) must contain all of the following information-- 8
(i) the applicant's name; 9
(ii) if a person other than the applicant is to be 10
authorised to acquire or use an assumed 11
identity--that person's name; 12
(iii) if the person mentioned in subparagraph (ii) is not 13
a commission officer--the name and rank or 14
position of the person proposed to be appointed as 15
supervisor, and an explanation of why it is 16
necessary for a person who is not a commission 17
officer to acquire or use the assumed identity; 18
(iv) details of the proposed assumed identity; 19
(v) reasons for the need to acquire or use an assumed 20
identity; 21
(vi) details, to the extent known, of the investigation or 22
intelligence gathering exercise in which the 23
assumed identity will be used; 24
(vii) details of any issuing agencies and the types of 25
evidence to be issued by them. 26
`(4) The chairperson may require the applicant to give additional 27
information about the application the chairperson considers 28
appropriate for consideration of the application. 29
`146T Deciding application 30
`(1) After considering an application for an authority to acquire or 31
use an assumed identity, and any additional information given 32
under section 146S(4), the chairperson-- 33
s 92 133 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(a) may grant an authority to acquire or use the assumed 1
identity, with or without conditions; or 2
(b) may refuse the application. 3
`(2) The chairperson must not grant an authority to acquire or use 4
an assumed identity unless the chairperson is satisfied on 5
reasonable grounds of all of the following-- 6
(a) the assumed identity is necessary for the purposes of an 7
investigation or intelligence gathering in relation to a 8
misconduct offence; 9
(b) the risk of abuse of the assumed identity by the 10
authorised person under the authority is minimal; 11
(c) if the application is for authorisation of an assumed 12
identity for a person who is not a commission officer--it 13
would be impossible or impracticable in the 14
circumstances for a commission officer to acquire or use 15
the assumed identity for the purpose sought. 16
`(3) If an authority is granted for an authorised civilian, the 17
chairperson must appoint an authorised commission officer to 18
supervise the acquisition or use of the assumed identity by the 19
authorised civilian. 20
`(4) An authority may also authorise-- 21
(a) an application to the independent member for a birth 22
certificate approval; or 23
(b) a request under section 146ZB.46 24
`(5) A separate authority is required for each assumed identity. 25
`146U Form of authority 26
`(1) An authority must be-- 27
(a) in writing in the form decided by the chairperson; and 28
(b) signed by the person granting it. 29
`(2) An authority must state all of the following-- 30
46 Section 146ZB (Request for evidence of assumed identity)
s 92 134 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(a) the name of the person granting the authority; 1
(b) the date of the authority; 2
(c) details of the assumed identity under the authority; 3
(d) details of the evidence of the assumed identity that may 4
be acquired under the authority; 5
(e) the conditions, if any, to which the authority is subject; 6
(f) why the authority is granted; 7
(g) if the authority relates to an authorised identity 8
officer--the name of the official; 9
(h) if the authority relates to an authorised civilian-- 10
(i) the name of the authorised civilian; and 11
(ii) the name of the civilian's supervisor under the 12
authority; and 13
(iii) the period, of not more than 3 months, for which 14
the authority remains in force. 15
`(3) The authority also must state the following-- 16
(a) whether it authorises an application to the independent 17
member for a birth certificate approval; 18
(b) each issuing agency to which a request may be made 19
under section 146ZB.47 20
`146V Period of authority 21
`(1) An authority for an authorised identity officer remains in force 22
until cancelled under section 146W. 23
`(2) An authority for an authorised civilian remains in force until 24
the end of the period stated in the authority under section 25
146U(2)(h)(iii), unless the authority is sooner cancelled under 26
section 146W. 27
47 Section 146ZB (Request for evidence of assumed identity)
s 92 135 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`146W Variation or cancellation of authority 1
`(1) The chairperson-- 2
(a) may vary or cancel the authority at any time; and 3
(b) must cancel the authority if satisfied, on a review under 4
section 146X or otherwise, that use of the assumed 5
identity under the authority is no longer necessary. 6
`(2) The chairperson must give written notice of the variation or 7
cancellation to-- 8
(a) the authorised person to whom the authority relates; and 9
(b) if the authorised person is an authorised civilian--the 10
authorised person's supervisor. 11
`(3) The notice must state the reasons for the variation or 12
cancellation. 13
`(4) The variation or cancellation has effect on-- 14
(a) the day the notice is given to the authorised person; or 15
(b) if a later day is stated in the notice--the later day. 16
`146X Review of authority 17
`(1) The chairperson must, at least once a year, review each 18
authority granted by the chairperson and in force under this 19
chapter. 20
`(2) The purpose of a review is to decide whether use of the 21
assumed identity under the authority is still necessary. 22
`(3) If the chairperson is satisfied on a review that use of the 23
assumed identity is no longer necessary, the chairperson must 24
cancel the authority under section 146W. 25
`(4) If the chairperson is satisfied on a review that use of the 26
assumed identity is still necessary, the chairperson must 27
record the chairperson's opinion, and the reasons for it, in 28
writing. 29
s 92 136 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`Division 3 Evidence of assumed identities 1
`Subdivision 1 Creation of birth certificates for 2
assumed identities 3
`146Y Approval for creation of birth certificate for assumed 4
identity 5
`(1) The chairperson may apply to the independent member for 6
authority to create a birth certificate (a birth certificate 7
approval) for an assumed identity for an authorised person. 8
`(2) The application must be written and include enough 9
information to enable the independent member to properly 10
consider whether the birth certificate approval should be 11
granted. 12
`(3) The independent member may grant the birth certificate 13
approval only if satisfied granting the approval is justified 14
having regard to the nature of the activities undertaken or to 15
be undertaken by the authorised person under the authority for 16
the assumed identity. 17
`(4) A birth certificate approval granted under this section must be 18
written, signed by the independent member, and state that a 19
named commission officer is authorised under this section to 20
create a birth certificate for the purpose of concealing the 21
identity of an authorised person. 22
`146Z Giving effect to birth certificate approval 23
`(1) On the production to the registrar-general, for inspection, of a 24
birth certificate approval-- 25
(a) the commission officer named in the approval may 26
create a birth certificate as authorised under the 27
approval; and 28
(b) the registrar-general must give the officer any help the 29
officer reasonably requires for the purpose. 30
`(2) The commission officer must, if practicable, give the 31
registrar-general at least 3 days notice of the day the officer 32
s 92 137 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
intends to create the birth certificate under the birth certificate 1
approval. 2
`146ZA Destruction of birth certificate created under s 146Z 3
`(1) This section applies in relation to a birth certificate created 4
under a birth certificate approval (a created birth certificate). 5
`(2) As soon as practicable after the authority for an assumed 6
identity to which the created birth certificate relates is 7
cancelled, the chairperson-- 8
(a) must cause the created birth certificate to be destroyed; 9
and 10
(b) must notify the registrar-general that the created birth 11
certificate is no longer being used and has been 12
destroyed. 13
`Subdivision 2 Other provisions about evidence of 14
assumed identities 15
`146ZB Request for evidence of assumed identity 16
`(1) This section applies if an authority authorises a request under 17
this section. 18
`(2) The chairperson may ask the chief executive officer of an 19
issuing agency stated in the authority to-- 20
(a) produce evidence of an assumed identity in accordance 21
with the authority; and 22
(b) give evidence of the assumed identity to the authorised 23
person named in the authority. 24
`(3) The request must state a reasonable period for compliance 25
with the request. 26
`(4) A request can not be made under this section for the creation 27
of a birth certificate or a certified copy of a marriage 28
certificate. 29
`(5) In this section-- 30
s 92 138 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
evidence means evidence similar to that ordinarily produced 1
or given by the issuing agency. 2
`146ZC Government issuing agency to comply with request 3
`The chief executive officer of a government issuing agency 4
who receives a request under section 146ZB must comply 5
with the request within the reasonable period stated in the 6
request. 7
`146ZD Non-government issuing agency may comply with 8
request 9
`The chief executive officer of a non-government issuing 10
agency who receives a request under section 146ZB may 11
comply with the request. 12
`146ZE Cancelling evidence of assumed identity 13
`(1) The chief executive officer of an issuing agency who produces 14
evidence of an assumed identity under this part must cancel 15
the evidence if directed in writing to do so by the chairperson. 16
`(2) In this section-- 17
cancel includes delete or alter an entry in a record of 18
information. 19
`Subdivision 3 Protections and indemnities 20
`146ZF Protection from criminal responsibility--officer of 21
issuing agency 22
`(1) A person who does something under subdivision 1 or 2 that, 23
apart from this section, would be an offence, is not criminally 24
responsible for the offence, if the thing is done to give effect 25
to a birth certificate approval. 26
`(2) Also, the chief executive officer, or an officer, of an issuing 27
agency who does something that, apart from this section, 28
would be an offence, is not criminally responsible for the 29
s 92 139 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
offence if the thing is done to comply with a request under 1
section 146ZB or a direction under section 146ZE. 2
`146ZG Indemnity for issuing agency and officers in relation 3
to creation of birth certificates 4
`(1) This section applies if a birth certificate approval is produced 5
to the registrar-general under section 146Z.48 6
`(2) The commission must indemnify the registrar-general, or an 7
officer of the registrar-general, for any civil liability incurred 8
by the registrar-general or officer, including reasonable costs, 9
if-- 10
(a) the liability is incurred because of something done by 11
the registrar-general or officer to comply with section 12
146Z; and 13
(b) the requirements, if any, prescribed under a regulation 14
have been met. 15
`146ZH Indemnity for issuing agency and officers in relation 16
to other evidence of assumed identities 17
`(1) This section applies if the chairperson makes a request under 18
section 146ZB or gives a direction under section 146ZE to the 19
chief executive officer of an issuing agency. 20
`(2) The commission must indemnify the issuing agency, or an 21
officer of the agency, for any civil liability incurred by the 22
agency or officer, including reasonable costs, if-- 23
(a) the liability is incurred because of something done by 24
the agency or officer to comply with the request or 25
direction in the course of duty; and 26
(b) the requirements, if any, prescribed under a regulation 27
have been met. 28
48 Section 146Z (Giving effect to birth certificate approval)
s 92 140 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`146ZI Protection from criminal responsibility for particular 1
ancillary conduct 2
`(1) This section applies to conduct, for example aiding or 3
enabling the commission of an offence or conspiring to 4
commit an offence (ancillary conduct), for which a person 5
may be criminally responsible because it involves conduct 6
engaged in by another person for which the other person 7
would, apart from section 146ZF, be criminally responsible 8
(the related conduct). 9
10
Note--
11
The Criminal Code, section 7(1)(b) and (c) makes provision for a person
12
who aids or enables the commission of an offence, and the Criminal
13
Code, chapter 56, makes provision for conspiracy.
`(2) Despite any other Act or law, a person who engages in 14
ancillary conduct that is an offence, whether or not the person 15
is an authorised person or an officer of an issuing agency, is 16
not criminally responsible for the offence if at the time the 17
person engaged in the ancillary conduct the person believed 18
the related conduct was being engaged in, or would be 19
engaged in, by an authorised person or an issuing officer of an 20
agency. 21
`Division 4 Effect of authorities 22
`146ZJ Assumed identity may be acquired and used 23
`(1) An authorised identity officer may acquire or use an assumed 24
identity if the acquisition or use is-- 25
(a) in accordance with an authority; and 26
(b) in the course of duty. 27
`(2) An authorised civilian may acquire or use an assumed identity 28
if the acquisition or use is in accordance with-- 29
(a) an authority; and 30
(b) the directions of the authorised civilian's supervisor. 31
s 92 141 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`146ZK Protection from criminal responsibility--authorised 1
person 2
`If an authorised person does something that, apart from this 3
section, would be an offence, the authorised person is not 4
criminally responsible for the offence if-- 5
(a) the thing is done in the course of acquiring or using an 6
assumed identity under an authority; and 7
(b) the thing is done-- 8
(i) for an authorised identity officer--in the course of 9
duty; or 10
(ii) for an authorised civilian--in accordance with the 11
directions of the authorised civilian's supervisor; 12
and 13
(c) doing the thing would not be an offence if the assumed 14
identity were the authorised person's real identity. 15
`146ZL Indemnity for authorised person 16
`(1) This section applies if the chairperson grants an authority. 17
`(2) The commission must indemnify the authorised person under 18
the authority against any civil liability, including reasonable 19
costs, incurred by the person, because of something done by 20
the person if-- 21
(a) the thing is done in the course of acquiring or using an 22
assumed identity under the authority; and 23
(b) the thing is done-- 24
(i) for an authorised identity officer--in the course of 25
duty; or 26
(ii) for an authorised civilian--in accordance with the 27
directions of the authorised civilian's supervisor; 28
and 29
(c) the requirements, if any, prescribed under a regulation 30
have been met. 31
s 92 142 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(3) This section does not limit the Police Service Administration 1
Act 1990, section 10.5.49 2
`146ZM Particular qualifications 3
`(1) Sections 146ZK and 146ZL do not apply to anything done by 4
an authorised person if-- 5
(a) a particular qualification is needed to do the thing; and 6
(b) the person does not have the qualification. 7
`(2) Subsection (1) applies whether or not the authorised person 8
has acquired, as evidence of an assumed identity, a document 9
that indicates that the person has the qualification. 10
`146ZN Effect of being unaware of variation or cancellation 11
of authority 12
`(1) If an authority to acquire or use an assumed identity has been 13
varied in a way that limits its scope, this part continues to 14
apply to the authorised person to whom the authority relates 15
as if it had not been varied in that way, for as long as the 16
person-- 17
(a) is unaware of the variation; and 18
(b) is not reckless about the existence of the variation. 19
`(2) If an authority to acquire or use an assumed identity has been 20
cancelled, this part continues to apply to the authorised person 21
to whom the authority related as if it had not been cancelled, 22
for as long as the person-- 23
(a) is unaware of the cancellation; and 24
(b) is not reckless about the existence of the cancellation. 25
`(3) For this section, a person is reckless about the existence of the 26
variation or cancellation of an authority if-- 27
(a) the person is aware of a substantial risk that the variation 28
or cancellation has happened; and 29
49 Police Service Administration Act 1990, section 10.5 (Liability for tort generally)
s 92 143 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(b) having regard to the circumstances known to the person, 1
it is unjustifiable to continue to use the assumed name in 2
a way that was, but may no longer be, authorised by the 3
authority because of the variation or cancellation. 4
`Division 5 Misuse of assumed identity and 5
information 6
`146ZO Misuse of assumed identity 7
`(1) An authorised identity officer commits an offence if-- 8
(a) the official intentionally, knowingly or recklessly 9
acquires evidence of, or uses, an assumed identity 10
covered by the officer's authority; and 11
(b) the official knows that, or is reckless as to whether, the 12
acquisition or use is not-- 13
(i) in accordance with the officer's authority; or 14
(ii) in the course of duty. 15
Maximum penalty--2 years imprisonment. 16
`(2) An authorised civilian commits an offence if-- 17
(a) the person intentionally, knowingly or recklessly 18
acquires evidence of, or uses, an assumed identity 19
covered by the person's authority; and 20
(b) the person knows that, or is reckless as to whether, the 21
acquisition or use is not in accordance with-- 22
(i) the person's authority; or 23
(ii) the directions of the person's supervisor under the 24
authority. 25
Maximum penalty--2 years imprisonment. 26
`(3) This section does not limit section 213. 50
27
50 Section 213 (Secrecy)
s 92 144 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`146ZP Disclosing information about assumed identity 1
`(1) A person commits an offence if-- 2
(a) the person intentionally, knowingly or recklessly 3
discloses any information; and 4
(b) the person knows that, or is reckless as to whether, the 5
information reveals, or is likely to reveal, that an 6
assumed identity acquired or used by another person is 7
not the other person's real identity; and 8
(c) the person knows that, or is reckless as to whether, the 9
disclosure is not made-- 10
(i) in connection with the administration or execution 11
of this part; or 12
(ii) for the purposes of any legal proceeding arising out 13
of or otherwise related to this part or of any report 14
of the proceedings; or 15
(iii) in accordance with any requirement imposed by 16
law. 17
Maximum penalty--2 years imprisonment. 18
`(2) A person commits a crime if the person commits an offence 19
against subsection (1) in circumstances in which the person-- 20
(a) intends to endanger the health or safety of any person or 21
prejudice the effective conduct of an investigation or 22
intelligence gathering in relation to misconduct; or 23
(b) knows that, or is reckless as to whether, the disclosure of 24
the information-- 25
(i) endangers or will endanger the health or safety of 26
any person; or 27
(ii) prejudices or will prejudice the effective conduct 28
of an investigation or intelligence gathering in 29
relation to misconduct. 30
Maximum penalty--10 years imprisonment. 31
`(3) This section does not affect section 213. 32
s 92 145 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`Division 6 Reporting and record keeping 1
`146ZQ Report about authorities for assumed identities etc. 2
`(1) As soon as practicable after the end of each financial year, the 3
chairperson must give to the parliamentary commissioner a 4
written report containing the following information in relation 5
to the commission for the financial year-- 6
(a) the number of authorities granted; 7
(b) a general description of the activities undertaken by 8
authorised persons when using assumed identities under 9
this part; 10
(c) the number of applications for an authority that were 11
refused; 12
(d) a statement about whether or not any fraud or other 13
unlawful activity was identified by an audit under 14
section 146ZS; 15
(e) any other information relating to authorities, assumed 16
identities or the administration of this part that the 17
parliamentary commissioner considers appropriate. 18
`(2) The report must not contain information that, if made public, 19
could reasonably be expected to-- 20
(a) endanger a person's safety; or 21
(b) prejudice an investigation or prosecution; or 22
(c) compromise any law enforcement agency's operational 23
activities or methodologies. 24
`(3) The parliamentary commissioner must table a copy of the 25
report in the Legislative Assembly within 14 sitting days after 26
receiving the report. 27
`(4) This section does not limit section 64.51 28
51 Section 64 (Commission's reports--general)
s 92 146 s 92
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`146ZR Record keeping 1
`(1) The chairperson must keep appropriate records about the 2
commission's operations under this part. 3
`(2) The records must contain all of the following information 4
about each authority granted under this part in relation to the 5
commission-- 6
(a) the date on which the authority was granted and the 7
name of the person who granted it; 8
(b) if the authority was varied or cancelled under this 9
part--the date it was varied or cancelled, and the name 10
of the person who varied or cancelled it; 11
(c) the name of the authorised person under the authority; 12
(d) details of the assumed identity to which the authority 13
relates; 14
(e) details of any request made to an issuing agency under 15
section 146ZB52 in relation to the authority; 16
(f) the general nature of the duties undertaken by the 17
authorised person under the assumed identity; 18
(g) general details of relevant financial transactions entered 19
into using the assumed identity; 20
(h) details of reviews of the authority under section 146X.53 21
`146ZS Audit of records 22
`(1) The chairperson must have the records kept under section 23
146ZR for each authority granted in relation to the 24
commission audited by the parliamentary commissioner-- 25
(a) at least once every 6 months while the authority is in 26
force; and 27
(b) at least once in the 6 months after the cancellation or 28
expiry of the authority. 29
52 Section 146ZB (Request for evidence of assumed identity)
53 Section 146X (Review of authority)
s 93 147 s 93
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(2) The parliamentary commissioner must give the chairperson a 1
written report of the results of the audit. 2
`Division 7 Delegation 3
`146ZT Delegation generally 4
`Other than as provided by this part, and despite any other Act 5
or law to the contrary, the powers of the chairperson under this 6
part may not be delegated to any other person. 7
`146ZU Delegation--chairperson 8
`(1) The chairperson may delegate any of the chairperson's powers 9
under this part relating to the following to an assistant 10
commissioner-- 11
(a) the granting, variation and cancellation of authorities; 12
(b) conducting reviews under section 146X; 13
(c) authorising the making of an application to the 14
independent member for a birth certificate approval for 15
an assumed identity; 16
(d) making requests under section 146ZB. 17
`(2) Also, the chairperson may delegate to an authorised 18
commission officer the chairperson's power under section 19
146Y to apply to the independent member for authority to 20
create a birth certificate for an assumed identity. 21
`(3) No more than 4 delegations may be in force under this section 22
at any time.'. 23
Clause 93 Amendment of s 255 (Secondment of officers) 24
(1) Section 255(5)-- 25
renumber as section 255(6). 26
(2) Section 255-- 27
insert-- 28
s 94 148 s 95
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
`(5) Without limiting section 174(2), a police officer seconded to 1
the commission under this section continues to be a police 2
officer for all purposes and to have the functions and powers 3
of a police officer without being limited to the performance of 4
the commission's functions. 5
6
Example for subsection (5)--
7
A police officer seconded to the commission may exercise the powers of
8
a police officer under the Police Powers and Responsibilities Act 2000
9
for an investigation of alleged misconduct involving a relevant offence
10
as defined in section 197ZI of that Act.'.
Clause 94 Amendment of s 381 (Transitional provisions for 11
authorities for birth certificates) 12
(1) Section 381(2), `an authority given under new section 13
146F'-- 14
omit, insert-- 15
`a birth certificate approval'. 16
(2) Section 381(3)(a), `section 146G'-- 17
omit, insert-- 18
`section 146Z'. 19
(3) Section 381-- 20
insert-- 21
`(4) Also, new section 146ZG applies in relation to the creation of 22
the birth certificate as if the birth certificate had been created 23
under new section 146Z.'. 24
Clause 95 Amendment of s 382 (Identity documents other than birth 25
certificates) 26
Section 382(2)-- 27
omit, insert-- 28
`(2) New sections 146ZF, 146ZH and 146ZI apply to the 29
document as if it had been produced under a request under 30
section 146ZB.'. 31
s 96 149 s 96
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 96 Amendment of sch 2 (Dictionary) 1
Schedule 2-- 2
insert-- 3
`acquire, for chapter 3, part 6B, div 1, see section 146Q. 4
agency, for chapter 3, part 6B, div 1, see section 146Q. 5
authorised civilian, for chapter 3, part 6B, div 1, see section 6
146Q. 7
authorised identity officer, for chapter 3, part 6B, div 1, see 8
section 146Q. 9
authorised person, for chapter 3, part 6B, div 1, see section 10
146Q. 11
authority, for chapter 3, part 6B, div 1, see section 146Q. 12
birth certificate approval, for chapter 3, part 6B, div 1, see 13
section 146Q. 14
conduct, for chapter 3, part 6B, div 1, see section 146Q. 15
doing a thing, for chapter 3, part 6B, div 1, see section 146Q. 16
evidence, for chapter 3, part 6B, div 1, see section 146Q. 17
government issuing agency, for chapter 3, part 6B, div 1, see 18
section 146Q. 19
issuing agency, for chapter 3, part 6B, div 1, see section 20
146Q. 21
non-government issuing agency, for chapter 3, part 6B, div 1, 22
see section 146Q. 23
officer, for chapter 3, part 6B, div 1, see section 146Q. 24
use, for chapter 3, part 6B, div 1, see section 146Q.'. 25
s 97 150 s 100
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Part 5 Amendment of Domestic and 1
Family Violence Protection Act 2
1989 3
Clause 97 Act amended in part 5 4
This part amends the Domestic and Family Violence 5
Protection Act 1989. 6
Clause 98 Amendment of s 47 (Service of application on respondent 7
may be accompanied by summons) 8
Section 47-- 9
insert-- 10
`(8) A summons under this section need not be issued if a police 11
officer who makes an application for a protection order, issues 12
and serves on the respondent a notice in the form of a notice to 13
appear under the Police Powers and Responsibilities Act 2000. 14
`(9) A notice mentioned in subsection (8)-- 15
(a) need not state an alleged offence as required under the 16
Police Powers and Responsibilities Act 2000; and 17
(b) is taken, for section 49, to be a summons.'. 18
Clause 99 Amendment of s 49 (Non-appearance of respondent) 19
Section 49(1)(c), after `released from the'-- 20
insert-- 21
`holding cell or'. 22
Clause 100 Amendment of s 69 (Presence at domestic violence 23
incident) 24
(1) Section 69(2)(c), `watch-house manager'-- 25
omit, insert-- 26
`appropriate police officer'. 27
s 101 151 s 101
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
(2) Section 69(3), `watch-house manager'-- 1
omit, insert-- 2
`appropriate police officer'. 3
Clause 101 Replacement of s 70 (Duty of police officer who has taken 4
a person into custody under s 69) 5
Section 70-- 6
omit, insert-- 7
`70 Duty of police officer who has taken a person into 8
custody under s 69 9
`(1) If a person is taken into custody under section 69(1), the 10
police officer who took the person into custody must, as soon 11
as reasonably practicable, deliver the person into the custody 12
of-- 13
(a) the officer-in-charge of a police station at which there is 14
a holding cell; or 15
(b) a watch-house manager. 16
`(2) If the person is taken to a holding cell at a police station, the 17
officer-in-charge of the police station must ensure the person's 18
particulars are entered, as required under a regulation, in the 19
register kept at the police station for the purpose. 20
`(3) If the person is taken to a watch-house, the watch-house 21
manager must ensure the person's particulars are entered, as 22
required under a regulation, in the register kept at the 23
watch-house for the purpose. 24
`(4) The person's particulars must be entered in the relevant 25
register as soon as possible after the person arrives at the 26
police station or watch-house. 27
`(5) The police officer who took the person to the relevant place 28
must confirm the entry in the register relating to the person's 29
particulars by signing it.'. 30
s 102 152 s 105
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 102 Amendment of s 71 (Police officer must apply for 1
protection order etc.) 2
(1) Section 71(3)(d), `watch-house manager'-- 3
omit, insert-- 4
`appropriate police officer'. 5
(2) Section 71(4), `watch-house manager'-- 6
omit, insert-- 7
`appropriate police officer'. 8
Clause 103 Amendment of s 75 (Entry of registers) 9
Section 75(1)(b), after `and at the'-- 10
insert-- 11
`holding cell or'. 12
Clause 104 Amendment of sch (Dictionary) 13
Schedule-- 14
insert-- 15
`appropriate police officer means-- 16
(a) the officer in charge of a police station; or 17
(b) a watch-house manager. 18
holding cell means a cell at a police station or a police 19
establishment other than a watch-house.'. 20
Part 6 Amendment of Drugs Misuse 21
Act 1986 22
Clause 105 Act amended in pt 6 23
This part amends the Drugs Misuse Act 1986. 24
s 106 153 s 106
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Clause 106 Insertion of new ss 122A122C 1
After section 122-- 2
insert-- 3
`122A Particular proceedings for minor drugs offences 4
`(1) This section applies to a proceeding for an offence against this 5
Act that is a minor drugs offence as defined in the Police 6
Powers and Responsibilities Act 2000, schedule 4. 7
`(2) However, this section applies only if the person charged with 8
having committed the minor drugs offence pleads guilty to the 9
offence. 10
`(3) The court may, if the person is eligible under the Police 11
Powers and Responsibilities Act 2000, section 211 to be 12
offered an opportunity to attend a drug diversion assessment 13
program, order the person to attend, and complete, a drug 14
diversion assessment program as directed by a police officer. 15
`(4) Before making the order, the court must inform the defendant 16
that if the court makes the order and the defendant fails to 17
attend and complete the drug diversion assessment program, 18
the defendant will be dealt with by the court as if the order had 19
not been made. 20
`(5) The court may also make any other order the court considers 21
appropriate for ensuring the defendant's attendance at the 22
drug diversion assessment program, including an order 23
requiring the provider of the drug diversion assessment 24
program to give the court a report about the defendant's 25
attendance at and completion of the drug diversion assessment 26
program. 27
`(6) On the making of the orders under this section the proceeding 28
against the defendant is adjourned until a date fixed by the 29
court or a date to be fixed. 30
`122B Provision of information to court 31
`(1) If the court makes an order under section 122A and a police 32
officer arranges for the defendant to attend a drug diversion 33
assessment program, the police officer must inform the 34
provider of the drug diversion assessment program that the 35
s 106 154 s 106
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
provider must, as required by the court's order under section 1
122A, give the court a written report about-- 2
(a) the person's attendance at, and completion of, the 3
program; or 4
(b) if the person failed to attend or complete the 5
program--the person's failure to attend or complete the 6
program. 7
`(2) The provider of the drug diversion program may give the 8
court the report by filing the report with the court and giving a 9
copy of the report to the commissioner. 10
`(3) The commissioner must ensure a copy of the report is given to 11
the prosecuting authority and the person's lawyer. 12
`(4) In this section-- 13
prosecuting authority means the entity responsible for 14
prosecuting the charge of the minor drugs offence. 15
`122C Further consideration of charge of minor drugs 16
offence 17
`(1) If, after considering a report filed under section 122B, the 18
court is satisfied the defendant attended and completed the 19
drug diversion assessment program as required under section 20
122A, the court must strike out the proceeding for the charge 21
of the minor drugs offence. 22
`(2) However, if the court is satisfied the defendant did not attend 23
and complete the drug diversion assessment program as 24
required under section 122A, the court may continue to hear 25
the charge of the minor drugs offence and may make any 26
order in relation to the offence the court considers 27
appropriate.'. 28
s 107 155 s 110
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Part 7 Amendment of Evidence Act 1
1977 2
Clause 107 Act amended in pt 7 and references 3
(1) This part amends the Evidence Act 1977. 4
(2) Also, a reference in this part to section 21G or 21KE is a 5
reference to the section as inserted by the Cross-Border Law 6
Enforcement Legislation Amendment Act 2005, section 51. 7
Clause 108 Amendment of s 21G (Form of witness identity protection 8
certificate) 9
Section 21G(1), after `a proceeding must'-- 10
insert-- 11
`be in the approved form and'. 12
Clause 109 Amendment of s 21KE (Review of giving of witness 13
identity protection certificate by police service) 14
Section 21KE(3)(c)(iv)-- 15
renumber as section 21KE(3)(c)(ii). 16
Clause 110 Amendment of s 54 (Proof of identity of a person 17
convicted) 18
Section 54-- 19
insert-- 20
`(3) In this section-- 21
fingerprint means an image or impression of friction ridge 22
detail from the palmar surface of a person's hand and includes 23
a digital image of the friction ridge detail from the palmar 24
surface of a person's hand.'. 25
s 111 156 s 114
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Part 8 Amendment of Police Service 1
Administration Act 1990 2
Clause 111 Act amended in pt 8 3
This part amends the Police Service Administration Act 1990. 4
Clause 112 Amendment of s 1.4 (Definitions) 5
Section 1.4-- 6
insert-- 7
`watch-house officer see section 4.9(6).'. 8
Clause 113 Amendment of s 4.9 (Commissioner's directions) 9
(1) Section 4.9(4)-- 10
renumber as section 4.9(5). 11
(2) Section 4.9-- 12
insert-- 13
`(4) A direction issued under subsection (1) to officers about 14
functions, powers or responsibilities that are also functions, 15
powers or responsibilities of watch-house officers is taken to 16
be also issued to watch-house officers.'. 17
(3) Section 4.9-- 18
insert-- 19
`(6) In this section-- 20
watch-house officer means a staff member who is appointed 21
by the commissioner to be a watch-house officer.'. 22
Clause 114 Insertion of new pt 5, div 1, hdg 23
Part 5, before section 5.1-- 24
s 115 157 s 116
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
insert-- 1
`Division 1 Officers and other police 2
personnel'. 3
Clause 115 Insertion of new pt 5, div 2 4
Part 5, after section 5.17-- 5
insert-- 6
`Division 2 Watch-house officers 7
`5.18 Appointment of watch-house officers 8
`(1) This section applies if the commissioner proposes to appoint a 9
person who is or is to become a staff member to be a 10
watch-house officer. 11
`(2) The commissioner may appoint the person only if the 12
commissioner is satisfied the person has appropriate 13
qualifications and experience for performing the functions of 14
a watch-house officer. 15
`(3) A person has appropriate qualities and experience for 16
appointment as a watch-house officer only if the 17
commissioner is satisfied the person-- 18
(a) has completed a course of training approved by the 19
commissioner for the purpose; or 20
(b) possesses appropriate qualifications, standing and 21
experience for performing the functions of a 22
watch-house officer. 23
24
Note--
25
Staff members are appointed under the Public Service Act 1996 or
26
section 8.3(5) and are not police officers. Also, this section does not
27
affect the powers of the commissioner to appoint watch-house
28
managers. For the definition watch-house manager, see the Police
29
Powers and Responsibilities Act 2000, schedule 4.
Clause 116 Amendment of s 5A.2 (Definitions for pt 5A) 30
Section 5A.2-- 31
s 117 158 s 119
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
insert-- 1
`analyst means a person who, under section 5A.4A, is 2
appointed as an analyst.54'. 3
Clause 117 Insertion of new s 5A.4A 4
After section 5A.4-- 5
insert-- 6
`5A.4A Analysts 7
`The Minister may, by gazette notice, appoint as an analyst for 8
this part, a person the Minister is satisfied has appropriate 9
qualifications, standing and experience to be an analyst for 10
this part.'. 11
Clause 118 Amendment of sch (Relevant information) 12
Schedule, entry for information about staff members, 13
applicants to become staff members, volunteers and students 14
on work experience, item 2, `in QPS'-- 15
omit, insert-- 16
`in a QPS'. 17
Part 9 Other Acts amended 18
Clause 119 Acts amended in sch 2 19
Schedule 2 amends the Acts it mentions. 20
54 Section 5.4A (Analysts)
159
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Schedule 1 Minor amendments of Police 1
Powers and Responsibilities 2
Act 2000 3
section 3 4
1 Section 12(3), `proposed to be appointed'-- 5
omit. 6
2 Section 19(1)(d), `, 318D'-- 7
omit. 8
3 Section 21(1)(a) and (b), `; or'-- 9
omit, insert-- 10
`; and'. 11
4 Chapter 2, part 4, heading, `move-on'-- 12
omit, insert-- 13
`move on'. 14
5 Section 49(3), after `police establishment'-- 15
insert-- 16
`or police station'. 17
6 Section 49(4), `police establishment'-- 18
omit, insert-- 19
`place'. 20
7 Section 59LX(4)(a)-- 21
omit, insert-- 22
160
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Schedule 1 (continued)
`(a) the Juvenile Justice Act 1992, section 260 does not 1
apply to that order; and'. 2
8 Section 59LY(1), `an impounded motor vehicle'-- 3
omit, insert-- 4
`a motor vehicle impounded under this chapter'. 5
9 Section 68(1)(c), from `is to be'-- 6
omit, insert-- 7
`is or is to be impounded under chapter 2B or 11A.55'. 8
10 Section 82, `Example--'-- 9
omit, insert-- 10
`Examples--'. 11
11 Section 197ZI(3)(a)(ii), `by a', second mention-- 12
omit. 13
12 Section 209(4), `Example'-- 14
omit, insert-- 15
`Examples'. 16
13 Section 230(1)(a), `an offence'-- 17
omit, insert-- 18
`a charge of an offence'. 19
55 Chapter 2B (Motor vehicle impounding powers for prescribed offences and
motorbike noise direction offences) or 11A (Provisions about evading police
officers)
161
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Schedule 1 (continued)
14 Section 243, heading, after `establishment'-- 1
insert-- 2
`or police station'. 3
15 Section 243, after `establishment'-- 4
insert-- 5
`or police station'. 6
16 Section 295(1), `a person, other than a child,'-- 7
omit, insert-- 8
`an adult'. 9
17 Section 296, `a person, other than a child,'-- 10
omit, insert-- 11
`an adult'. 12
18 Section 298(1), `a person other than a child'-- 13
omit, insert-- 14
`an adult'. 15
19 Section 318H(4), from `section 314' to `or the results'-- 16
omit, insert-- 17
`section 315 or the results'. 18
20 Section 318ZF(6), definition reporting notice, from 19
`sample notice'-- 20
omit, insert-- 21
`sample notice or non-medical examination notice.'. 22
162
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Schedule 1 (continued)
21 Section 347(1)(b), `officer's'-- 1
omit, insert-- 2
`person's'. 3
22 Section 367A(4), `subsection (4)'-- 4
omit, insert-- 5
`subsection (5)'. 6
23 Section 368, `Example--'-- 7
omit, insert-- 8
`Examples--'. 9
24 Section 381, `Unless'-- 10
omit, insert-- 11
`(1) Unless'. 12
25 Section 447A, heading, `Assisting coroner to'-- 13
omit, insert-- 14
`Helping coroner'. 15
26 Section 447A(1), `assist'-- 16
omit, insert-- 17
`help'. 18
27 Section 448, `Assistance to'-- 19
omit, insert-- 20
`Helping'. 21
163
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Schedule 2 Other Acts amended 1
section 119 2
Australian Crime Commission (Queensland) Act 2003 3
1 Section 29(9)(b), `he or she'-- 4
omit. 5
2 Section 62(a), `effect;'-- 6
omit, insert-- 7
`effect; and'. 8
Summary Offences Act 2005 9
1 Section 28(2), example, `Example--'-- 10
omit, insert-- 11
`Note--'. 12
2 Part 4, heading, `and amendments'-- 13
omit. 14
164
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Schedule 2 (continued)
Tow Truck Act 1973 1
1 Section 4, definition seized, from `section 60' to `of that 2
Act'-- 3
omit, insert-- 4
`section 59Y because of section 59Z(d) or (e) of that Act'. 5
Weapons Act 1990 6
1 Section 37, after `serial number'-- 7
insert-- 8
`, if any'. 9
2 Section 104(5)(b), `the specified'-- 10
omit, insert-- 11
`on the specified'. 12
3 Section 105(3)(b), `the specified'-- 13
omit, insert-- 14
`on the specified'. 15
4 Section 106(1)(b), `loss of life'-- 16
omit, insert-- 17
`death'. 18
165
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Schedule 2 (continued)
5 Section 106(4)(b), `the specified'-- 1
omit, insert-- 2
`on the specified'. 3
6 Section 185, second occurrence-- 4
renumber as section 186. 5
7 Schedule 2, definition category M crossbow, 6
`(Categories)'-- 7
omit, insert-- 8
`Categories'. 9
© State of Queensland 2006
AMENDMENTS TO BILL
1
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
Police Powers and Responsibilities and
Other Acts Amendment Bill 2006
Amendments agreed to during Consideration
1 Clause 2--
At page 14, line 17, `8.'--
omit, insert--
`8;
(h) schedule 2, to the extent it amends the following--
(i) the Cross-Border Law Enforcement Legislation
Amendment Act 2005;
(ii) the Police Powers and Responsibilities (Motorbike
Noise) Amendment Act 2005.'.
2 Clause 78--
At page 75, line 2, `442'--
omit, insert--
`443'.
3 Schedule 2--
At page 163, after line 8--
insert--
`Cross-Border Law Enforcement Legislation
Amendment Act 2005
1 Section 23, `omit,'--
omit.
2
Police Powers and Responsibilities and Other Acts
Amendment Bill 2006
2 Section 28, new section 500(3), `1197ZZH'--
omit, insert--
`197ZZH'.
3 Section 30(1), after `entity,'--
insert--
`listening device,'.
4 Schedule 1, item 15, `; and'--
omit, insert--
`; or'.
5 Schedule 1, after item 16--
insert--
`16A Schedule 4, definition relevant person, paragraphs (c), (d)
and (e), `; and'--
omit, insert--
`; or'.
`Police Powers and Responsibilities (Motorbike Noise)
Amendment Act 2005
1 Section 28(1), after `prescribed offence'--
insert--
`, relevant court'.'.
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