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Queensland
POLICE POWERS AND
RESPONSIBILITIES AND
OTHER LEGISLATION
AMENDMENT BILL 2003
Queensland
POLICE POWERS AND
RESPONSIBILITIES AND OTHER
LEGISLATION AMENDMENT BILL 2003
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF POLICE POWERS AND
RESPONSIBILITIES ACT 2000
3 Act amended in pt 2 and sch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4 Amendment of s 44A (Prevention of particular offences relating to liquor). 9
5 Insertion of new s 59AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
59AA When a person is charged for this division in relation to a notice
to appear or an arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Amendment of s 59C (Powers for prescribed offence) . . . . . . . . . . . . . . . . . 11
7 Amendment of s 59G (Content of notice for second or subsequent offence) 12
8 Replacement of ss 59H and 59I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
59H Application for impounding order . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
59HA Application for forfeiture order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
59I Orders on application for impounding order if relevant offence
not decided .......................................... 16
59IA Orders on application for forfeiture order if relevant offence not
decided ............................................. 17
9 Replacement of s 59J (Where application to be decided) . . . . . . . . . . . . . . . 18
59J Where application is to be decided . . . . . . . . . . . . . . . . . . . . . . . . . . 18
10 Amendment of s 59L (Consideration of application) . . . . . . . . . . . . . . . . . . 18
11 Insertion of new s 59LA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
59LA Counting the occasions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
12 Amendment of s 59O (Powers for enforcing court order) . . . . . . . . . . . . . . 21
13 Replacement of s 371A (Power to seize potentially harmful things) . . . . . . 21
371A Power to seize potentially harmful things . . . . . . . . . . . . . . . . . . . . . 21
371B Dealing with persons affected by potentially harmful things . . . . . . 22
371C Duties in relation to person detained under s 371B . . . . . . . . . . . . . . 23
371D No compulsion to stay at place of safety . . . . . . . . . . . . . . . . . . . . . . 24
371E Review of operation of ss 371B371D . . . . . . . . . . . . . . . . . . . . . . . 24
371F Expiry of ss 371B371E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
14 Amendment of sch 4 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
PART 3--AMENDMENT OF BAIL ACT 1980
15 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
16 Amendment of s 7 (Power of police officer to grant bail). . . . . . . . . . . . . . . 26
17 Amendment of s 28A (Other warrants for apprehension of defendant) . . . . 27
18 Insertion of new s 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
40 Provisions concerning bail decisions under s 7 . . . . . . . . . . . . . . . . . 28
PART 4--AMENDMENT OF CHILD PROTECTION ACT 1999
19 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
20 Omission of s 248 (Tattooing of children prohibited) . . . . . . . . . . . . . . . . . . 28
PART 5--AMENDMENT OF CORRECTIVE SERVICES ACT 2000
21 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
22 Amendment of s 54 (Transfer to court) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 6--AMENDMENT OF CRIMINAL LAW
(REHABILITATION OF OFFENDERS) ACT 1986
23 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
24 Amendment of s 9A (Disclosure of particulars in special cases) . . . . . . . . . 29
PART 7--AMENDMENT OF JUVENILE JUSTICE ACT 1992
25 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
26 Amendment of s 50 (Dealing with a child if court can not be promptly
constituted) ............................................... 30
PART 8--AMENDMENT OF LIQUOR ACT 1992
27 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
28 Amendment of s 156 (Liquor prohibited to certain persons) . . . . . . . . . . . . 31
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Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
PART 9--AMENDMENT OF POLICE SERVICE
ADMINISTRATION ACT 1990
29 Act amended in pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
30 Amendment of s 1.4 (Definitions). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
31 Insertion of new s 1.6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
1.6 Notes in text . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
32 Insertion of new pt 5AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 5AA--ASSESSMENT OF SUITABILITY OF PERSONS
SEEKING TO BE ENGAGED, OR ENGAGED, BY THE SERVICE
Division 1--Preliminary
5AA.1 Purpose of pt 5AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
5AA.2 Parliament's intention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
5AA.3 Meaning of "engaged by the service" . . . . . . . . . . . . . . . . . . . . . . . . 34
5AA.4 This part applies despite the Criminal Law (Rehabilitation of
Offenders) Act 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
5AA.5 Person to be advised of duties of disclosure etc. . . . . . . . . . . . . . . . . 34
Division 2--Disclosure of relevant information
5AA.6 Persons engaged or seeking to be engaged by the service must
disclose relevant information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
5AA.7 Persons engaged by the service must disclose changes in
relevant information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
5AA.8 Requirements for disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 3--Commissioner may obtain relevant information from other
entities
5AA.9 Commissioner may request information from other authorities . . . . 36
5AA.10 Prosecuting authority to notify commissioner about committal,
conviction etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 4--Controls on use of relevant information and information
about particular investigations
5AA.11 Assessment of suitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
5AA.12 Particular persons to be advised if person unsuitable . . . . . . . . . . . 39
5AA.13 External service provider to be advised if person unsuitable . . . . . 41
5AA.14 Secrecy. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
5AA.15 Guidelines for dealing with relevant information . . . . . . . . . . . . . . 44
33 Insertion of new pt 11, div 1 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
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Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
34 Insertion of new pt 11, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 2--Transitional provision to assist in interpretation
11.3 Relevant information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
11.4 Amendment of regulation by Police Powers and Responsibilities
and Other Legislation Amendment Act 2003 does not affect powers
of Governor in Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
35 Insertion of new sch. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
SCHEDULE
RELEVANT INFORMATION
PART 10--AMENDMENT OF POLICE SERVICE
ADMINISTRATION REGULATION 1990
36 Regulation amended in pt 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
37 Insertion of new s 10.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
10.2 External service providers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
PART 11--AMENDMENT OF PROSTITUTION ACT 1999
38 Act amended in pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
39 Amendment of s 91 (Prostitute providing sexual intercourse or oral sex
without a prophylactic) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
40 Amendment of s 101 (Functions of Authority) . . . . . . . . . . . . . . . . . . . . . . . 51
41 Amendment of s 102 (Membership) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
42 Omission of pt 7, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
43 Amendment of pt 7, div 3 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
44 Amendment of s 133 (Disclosure of information) . . . . . . . . . . . . . . . . . . . . 53
45 Amendment of s 134 (Protection from liability) . . . . . . . . . . . . . . . . . . . . . . 53
46 Amendment of s 141 (Review of Act). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
47 Amendment of sch 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
PART 12--AMENDMENT OF VAGRANTS, GAMING AND
OTHER OFFENCES ACT 1931
48 Act amended in pt 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
49 Amendment of pt 2 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
50 Replacement of s 7 (Obscene, abusive language etc.). . . . . . . . . . . . . . . . . . 54
PART 2A--QUALITY OF COMMUNITY USE OF PUBLIC PLACES
7 Object of pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
7AA Public nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
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Police Powers and Responsibilities and Other
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PART 2B--PUBLICATION OFFENCES'.
51 Insertion of new pt 2C hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
52 Insertion of new pt 3A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
PART 3A--BODY PIERCING AND TATTOOING
23 Particular body piercing of minor prohibited. . . . . . . . . . . . . . . . . . . 55
24 Tattooing minor prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
53 Insertion of new s 37D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
37D Sale of potentially harmful things . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
PART 13--AMENDMENT OF WEAPONS ACT 1990
Division 1--Preliminary
54 Act amended in pt 13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Division 2--Amendments commencing on assent
55 Amendment of s 15 (Authorised officer decides application). . . . . . . . . . . . 59
56 Amendment of s 35 (Acquisition of weapons) . . . . . . . . . . . . . . . . . . . . . . . 59
57 Amendment of s 49A (Authority given by licence) . . . . . . . . . . . . . . . . . . . 59
58 Amendment of s 57 (Particular conduct involving a weapon in a public
place prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
59 Amendment of s 58 (Dangerous conduct with weapon prohibited
generally) .............................................. 61
60 Amendment of s 59 (Possession or use of weapon under the influence of
liquor or a drug prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
61 Amendment of s 73 (Dealer etc. to require information) . . . . . . . . . . . . . . . 62
62 Amendment of s 132 (Conditions for concealable firearms licence) . . . . . . 62
63 Insertion of new pt 8, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
Division 3--Transitional provisions for Police Powers and Responsibilities
and Other Legislation Amendment Act 2003
183 Transitional provision about authorised officers powers . . . . . . . . . . 62
184 Amendment of regulation by Police Powers and Responsibilities
and Other Legislation Amendment Act 2003 does not affect powers
of Governor in Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
64 Amendment of sch 1 (Subject matter for regulations) . . . . . . . . . . . . . . . . . 63
65 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 3--Amendments commencing after assent
66 Amendment of s 15 (Authorised officer decides application). . . . . . . . . . . . 64
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Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
67 Amendment of s 33 (Interstate residents moving to Queensland) . . . . . . . . 64
68 Amendment of s 36 (Sale or disposal of weapons) . . . . . . . . . . . . . . . . . . . . 64
69 Amendment of s 49 (Commissioner to maintain firearms register) . . . . . . . 65
70 Amendment of s 56 (Discharge of weapon on private land without owner's
consent prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
71 Amendment of s 57 (Particular conduct involving a weapon in a public
place prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
72 Amendment of s 58 (Dangerous conduct with weapon prohibited
generally) .............................................. 66
73 Amendment of s 59 (Possession or use of weapon under the influence of
liquor or a drug prohibited) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
74 Amendment of s 65 (Unlawful trafficking in weapons) . . . . . . . . . . . . . . . . 66
75 Amendment of s 68 (Dealers to be licensed) . . . . . . . . . . . . . . . . . . . . . . . . 66
76 Amendment of s 69 (Armourers to be licensed) . . . . . . . . . . . . . . . . . . . . . . 66
77 Insertion of new s 185 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
185 Transitional provision about category M crossbows . . . . . . . . . . . . . 67
78 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 14--AMENDMENT OF WEAPONS REGULATION 1996
79 Regulation amended in pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
80 Amendment of s 25A (Miscellaneous weapons licence) . . . . . . . . . . . . . . . 68
81 Amendment of sch 1 (Fees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
PART 15--AMENDMENT OF WEAPONS (CATEGORIES)
REGULATION 1997
82 Regulation amended in pt 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
83 Amendment of s 7A (Category M weapons). . . . . . . . . . . . . . . . . . . . . . . . . 69
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . 70
MINOR AMENDMENTS OF POLICE POWERS AND
RESPONSIBILITIES ACT 2000
2003
A BILL
FOR
An Act to amend the Police Powers and Responsibilities Act 2000 and
other legislation, and for other purposes
s1 8 s2
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Police Powers and Responsibilities and 4
Other Legislation Amendment Act 2003. 5
2 Commencement
Clause 6
(1) Parts 4 and 121 commence 1 April 2004. 7
(2) Section 13 commences on a day to be fixed by proclamation.
2
8
(3) The following provisions commence on a day to be fixed by 9
proclamation or 1 November 2004, whichever happens first-- 10
· part 13, division 3; 11
· section 80; 12
· part 15.3 13
1 Parts 4 (Amendment of Child Protection Act 1999) and 12 (Amendment of Vagrants,
Gaming and Other Offences Act 1931)
2 Section 13 (Replacement of s 371A (Power to seize potentially harmful things))
3 Part 13 (Amendment of Weapons Act 1990), division 3 (Amendments commencing
after assent), section 80 (Amendment of s 25A (Miscellaneous weapons licence))
and part 15 (Amendment of Weapons (Categories) Regulation 1997)
s3 9 s4
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
PART 2--AMENDMENT OF POLICE POWERS AND 1
RESPONSIBILITIES ACT 2000 2
3 Act amended in pt 2 and sch
Clause 3
This part and the schedule amend the Police Powers and Responsibilities 4
Act 2000. 5
4 Amendment of s 44A (Prevention of particular offences relating to
Clause 6
liquor) 7
(1) Section 44A(1) and (2)-- 8
omit, insert-- 9
`(1) This section applies if-- 10
(a) a police officer reasonably suspects a person has committed, is 11
committing or is about to commit an offence against any of the 12
following at a place-- 13
(i) Liquor Act 1992, section 164, 168B or 173B;4 14
(ii) Community Services (Aborigines) Act 1984, section 103;5 15
(iii) Community Services (Torres Strait) Act 1984, section 101; 6
16
and 17
(b) the police officer reasonably suspects an opened container of 18
liquor at the place in the person's possession or under the 19
person's control relates to, or is contributing to, or is likely to 20
contribute to, the commission of the offence by the person. 21
`(2) The police officer may seize-- 22
(a) the opened container and its contents; and 23
4 Liquor Act 1992, section 164 (Conduct causing public nuisance), 168B (Prohibition
of possession of liquor in restricted area) or 173B (Consumption of liquor in certain
public places prohibited)
5 Community Services (Aborigines) Act 1984, section 103 (Possession or consumption
of alcohol in or on dry place)
6 Community Services (Torres Strait) Act 1984, section 101 (Possession or
consumption of alcohol in or on dry place)
s4 10 s4
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(b) any unopened container of liquor at the place, and its contents, 1
the police officer reasonably suspects relates to, or is contributing 2
to, or is likely to contribute to, the commission of an offence 3
against a provision mentioned in subsection (1) at the place by 4
the person or another person. 5
`(3) A police officer may dispose of anything seized under subsection (2) 6
in the way the police officer considers reasonably necessary to prevent the 7
commission, continuation or repetition of the offence. 8
9
Example for subsection (3)--
10
The police officer may empty an opened can of beer found by the police officer being
11
consumed by a person in contravention of a provision mentioned in subsection (1) or an
12
unopened can of beer likely to be consumed in contravention of a provision mentioned
13
in subsection (1).'.
(2) Section 44A(3)(a), `, and to have become the property of,'-- 14
omit. 15
(3) Section 44A(4), definition "liquor provision"-- 16
omit. 17
(4) Section 44A(4)-- 18
insert-- 19
` "liquor" means-- 20
(a) liquor, as defined in the Liquor Act 1992, section 4B;7 or 21
(b) methylated spirits.'. 22
(5) Section 44A(3), and (4), as amended-- 23
renumber as section 44A(4) and (6). 24
(6) Section 44A-- 25
insert-- 26
`(5) For this section, a reference in a provision of an Act mentioned in 27
subsection (1) to alcohol or liquor is taken to include a reference to 28
methylated spirits.'. 29
7 Liquor Act 1992, section 4B (Meaning of "liquor")
s5 11 s6
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
5 Insertion of new s 59AA
Clause 1
After section 59A-- 2
insert-- 3
`59AA When a person is charged for this division in relation to a notice 4
to appear or an arrest 5
`(1) This section applies if a proceeding for a prescribed offence is 6
started against a person by notice to appear or arrest. 7
`(2) If the proceeding is started by notice to appear, the person is taken to 8
be charged with the offence when the notice to appear is issued and served 9
on the person. 10
`(3) If the proceeding is started by arrest, the person is taken to have 11
been charged with the offence when the person is arrested.'. 12
6 Amendment of s 59C (Powers for prescribed offence)
Clause 13
(1) Section 59C(2), `person in control'-- 14
omit, insert-- 15
`driver'. 16
(2) Section 59C(3)(a), from `person in control' to `possession'-- 17
omit, insert-- 18
`driver of the vehicle or the person in possession'. 19
(3) Section 59C(4), from `Unless' to `a vehicle'-- 20
omit, insert-- 21
`A vehicle'. 22
(4) Section 59C(6)(b), after `59H'-- 23
insert-- 24
`or 59HA8'. 25
8 Section 59H (Application for impounding order) or 59HA (Application for
forfeiture order)
s7 12 s7
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
7 Amendment of s 59G (Content of notice for second or subsequent
Clause 1
offence) 2
(1) Section 59G(1)-- 3
omit, insert-- 4
`(1) This section applies if a police officer reasonably suspects that, in 5
addition to the offence for which the vehicle is impounded under 6
section 59C9 ("initiating impoundment offence" and "initiating 7
impoundment"), and within 3 years before the initiating impoundment 8
(the "relevant period")-- 9
(a) the driver of the impounded vehicle has previously been charged 10
with having committed a prescribed offence on at least 11
1 previous occasion within the relevant period and the charge has 12
not been decided; or 13
(b) the driver of the impounded vehicle has previously been found 14
guilty of a prescribed offence committed on at least 1 previous 15
occasion within the relevant period. 16
`(2) Subject to section 59A(2),10 the relevant period includes periods 17
before and after the commencement of this subsection.'. 18
(2) Section 59G(2)(a)(i) and (ii)-- 19
omit, insert-- 20
`(i) for an order that the vehicle be impounded for up to 21
3 months, if either of the following apply to the driver at the 22
time of the initiating impoundment-- 23
(A) the driver has previously been charged with having 24
committed a prescribed offence on 1 previous occasion 25
within the relevant period and the charge has not been 26
decided before the initiating impoundment; 27
(B) the driver has previously been found guilty of a 28
prescribed offence committed on 1 previous occasion 29
within the relevant period; or 30
9 Section 59C (Powers for prescribed offence)
10 Section 59A (Application of div 2)
s8 13 s8
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(ii) for an order that the vehicle be forfeited to the State, if any 1
of the following apply to the driver at the time of the 2
initiating impoundment-- 3
(A) the driver has previously been charged with having 4
committed prescribed offences on at least 2 previous 5
occasions within the relevant period and the charges 6
have not been decided before the initiating 7
impoundment; 8
(B) the driver has previously been found guilty of having 9
committed prescribed offences committed on at least 10
2 previous occasions within the relevant period; 11
(C) the driver has previously been found guilty of having 12
committed a prescribed offence on at least 1 previous 13
occasion within the relevant period and has previously 14
been charged with having committed a prescribed 15
offence on at least 1 previous occasion within the 16
relevant period and the charge has not been decided 17
before the initiating impoundment; and'. 18
(3) Section 59(G)(2)(b) and (d), `person in control'-- 19
omit, insert-- 20
`driver'. 21
(4) Section 59G(2), as amended-- 22
renumber as section 59G(3). 23
8 Replacement of ss 59H and 59I
Clause 24
Sections 59H and 59I-- 25
omit, insert-- 26
`59H Application for impounding order 27
`(1) This section applies if, in addition to the initiating impoundment 28
offence-- 29
(a) the driver of the vehicle has previously been charged with having 30
committed a prescribed offence on 1 previous occasion within 31
the relevant period and the charge has not been decided before 32
the initiating impoundment; or 33
s8 14 s8
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(b) the driver of the vehicle has previously been found guilty of a 1
prescribed offence committed on 1 previous occasion within the 2
relevant period. 3
`(2) Within 48 hours after the initiating impoundment, a police officer 4
must apply for an order that the impounded vehicle be held at a holding 5
yard for a period of not more than 3 months ("impounding order"). 6
`(3) The application must be made in relation to 2 prescribed offences, 7
consisting of-- 8
(a) the prescribed offence the circumstances of which apply to the 9
driver under subsection (1)(a) or (b); and 10
(b) the initiating impoundment offence. 11
`(4) The application must be made to a Magistrates Court but may be 12
started by application to a magistrate under section 45111 and 13
subsection (6) of this section. 14
`(5) Subsection (4) applies even though the value of the vehicle may be 15
more than the maximum amount that may be claimed in a personal action 16
in the civil jurisdiction of a Magistrates Court. 17
`(6) If the application is properly made to a magistrate under 18
section 451, the magistrate must-- 19
(a) order-- 20
(i) that a police officer may have the application brought on for 21
hearing and decision in the relevant Magistrates Court and 22
adjourn the application to that court; and 23
(ii) that the vehicle be returned to a named person; and 24
(b) give a copy of the application and the order to the clerk of the 25
court of the relevant Magistrates Court. 26
`(7) In this section-- 27
"relevant Magistrates Court" means the relevant Magistrates Court as 28
defined under section 59J.12 29
11 Section 451 (Obtaining warrants, orders and authorities, etc., by telephone or similar
facility)
12 Section 59J (Where application is to be decided)
s8 15 s8
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`59HA Application for forfeiture order 1
`(1) This section applies if, at the time of the initiating impoundment, in 2
addition to the initiating impoundment offence, the driver of the vehicle has 3
previously been charged with having committed prescribed offences on at 4
least 2 previous occasions within the relevant period and any of the 5
following circumstances apply to the driver-- 6
(a) the charges of the prescribed offences have not been decided 7
before the initiating impoundment; 8
(b) the driver has been found guilty of 1 of the prescribed offences 9
but the other charge or charges have not been decided before the 10
initiating impoundment; 11
(c) the driver has previously been found guilty of having committed 12
the prescribed offences on at least 2 previous occasions. 13
`(2) Within 48 hours after the initiating impoundment, a police officer 14
must apply for an order that the impounded vehicle be forfeited to the State 15
("forfeiture order"). 16
`(3) The application must be made in relation to at least 3 prescribed 17
offences consisting of-- 18
(a) the prescribed offences the circumstances of which apply to the 19
driver under subsection (1)(a), (b) or (c); and 20
(b) the initiating impoundment offence. 21
`(4) The application must be made to a Magistrates Court but may be 22
started by application to a magistrate under section 451 and subsection (6) 23
of this section. 24
`(5) Subsection (4) applies even though the value of the vehicle may be 25
more than the maximum amount that may be claimed in a personal action 26
in the civil jurisdiction of a Magistrates Court. 27
`(6) If the application is properly made to a magistrate under 28
section 451, the magistrate must-- 29
(a) order-- 30
(i) that a police officer may have the application brought on for 31
hearing and decision in the relevant Magistrates Court and 32
adjourn the application to that court; and 33
(ii) that the vehicle be returned to a named person; and 34
s8 16 s8
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(b) give a copy of the application and the order to the clerk of the 1
court of the relevant Magistrates Court. 2
`(7) In this section-- 3
"relevant Magistrates Court" means the relevant Magistrates Court as 4
defined under section 59J. 5
`59I Orders on application for impounding order if relevant offence 6
not decided 7
`(1) This section applies if-- 8
(a) an application is made to a relevant Magistrates Court for an 9
impounding order about an impounded vehicle; and 10
(b) any proceeding on a charge of a prescribed offence or offences in 11
relation to which the application is made ("initiating 12
application charges") has not been decided. 13
`(2) If the driver of the vehicle has not been found guilty of prescribed 14
offences in relation to offences committed on 2 occasions within the 15
prescribed period, the court must adjourn the application until the driver of 16
the impounded vehicle is found guilty of charges in relation to offences 17
committed on 2 occasions within the prescribed period. 18
`(3) Unless the initiating impoundment has already ended, the court 19
adjourning the application must order that the impounded vehicle be 20
returned to a named person. 21
`(4) If the application relates to at least 1 prescribed offence of which the 22
driver has previously been found guilty, the court may, if satisfied the 23
vehicle should be impounded to stop the commission of another prescribed 24
offence, refuse to order the return of the impounded vehicle. 25
`(5) The owner of the vehicle must not sell or otherwise dispose of a 26
vehicle returned under subsection (3) until the application for the 27
impounding order is decided or otherwise ends. 28
Maximum penalty--40 penalty units. 29
`(6) If the court does not order the return of the vehicle to the owner 30
under subsection (3), the period for which the vehicle is impounded must 31
not be more than 3 months. 32
`(7) In this section-- 33
s8 17 s8
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
"prescribed period" means the prescribed period as defined under 1
section 59L. 2
`59IA Orders on application for forfeiture order if relevant offence not 3
decided 4
`(1) This section applies if-- 5
(a) an application is made to a relevant Magistrates Court for a 6
forfeiture order about an impounded vehicle; and 7
(b) any proceeding on a charge of a prescribed offence or offences in 8
relation to which the application is made has not been decided. 9
`(2) If the driver of the vehicle has not been found guilty of prescribed 10
offences in relation to offences committed on 3 occasions within the 11
prescribed period, the court must adjourn the application until the driver of 12
the impounded vehicle is found guilty of charges in relation to offences 13
committed on at least 3 occasions within the prescribed period. 14
`(3) Unless the initiating impoundment has already ended, the court 15
adjourning the application must order that the impounded vehicle be 16
returned to a named person. 17
`(4) If the application relates to at least 1 prescribed offence of which the 18
driver has previously been found guilty, the court may, if satisfied the 19
vehicle should be impounded to stop the commission of another prescribed 20
offence, refuse to order the return of the impounded vehicle. 21
`(5) The owner of the vehicle must not sell or otherwise dispose of a 22
vehicle returned under subsection (3) until the application for the forfeiture 23
order is decided or otherwise ends. 24
Maximum penalty--40 penalty units. 25
`(6) If the court does not order the return of the vehicle to the owner 26
under subsection (3), the period for which the vehicle is impounded must 27
not be more than 3 months. 28
`(7) In this section-- 29
"prescribed period" means the prescribed period as defined under 30
section 59L.'. 31
s9 18 s 10
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
9 Replacement of s 59J (Where application to be decided)
Clause 1
Section 59J-- 2
omit, insert-- 3
`59J Where application is to be decided 4
`(1) An application for an impounding order or a forfeiture order must be 5
heard and decided by the relevant Magistrates Court. 6
`(2) An application for an order mentioned in subsection (1) must be 7
heard and decided as soon as practicable after the person to whom an 8
application relates is found guilty of-- 9
(a) for an impounding order--2 prescribed offences committed on 10
2 occasions within the prescribed period; or 11
(b) for a forfeiture order--3 prescribed offences committed on 12
3 occasions within the prescribed period. 13
`(3) In this section-- 14
"prescribed period" means the prescribed period as defined under 15
section 59L. 16
"relevant Magistrates Court" means the Magistrates Court for the 17
Magistrates Court district, or division of the district, in which the 18
vehicle was impounded for the initiating impoundment offence.'. 19
10 Amendment of s 59L (Consideration of application)
Clause 20
(1) Section 59L(1)(a) and (b), `person in control'-- 21
omit, insert-- 22
`driver'. 23
(2) Section 59L(1)(a), `on 2 occasions'-- 24
omit, insert-- 25
`committed on 2 occasions within the prescribed period'. 26
(3) Section 59L(1)(b), `on 3 or more occasions'-- 27
omit, insert-- 28
`committed on 3 occasions within the prescribed period'. 29
(4) Section 59L(1)(a) and (b), `previously'-- 30
s 11 19 s 11
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
omit. 1
(5) Section 59L(1)-- 2
insert-- 3
`(c) if the application was for a forfeiture order and the court can not 4
make the order under paragraph (b) but can make an order under 5
paragraph (a)--order, under paragraph (a), that the vehicle be 6
impounded for a stated period, of not more than 3 months.'. 7
(6) Section 59L(2)(b), from `if the person' to `order the person'-- 8
omit, insert-- 9
`if the driver of the impounded vehicle was an adult--order the driver'. 10
(7) Section 59L-- 11
insert-- 12
`(6) In this section-- 13
"prescribed period", in relation to an application for an impounding order 14
or a forfeiture order, includes-- 15
(a) the relevant period; and 16
(b) any period from the end of the relevant period to and including 17
the day on which the application is heard and decided.'. 18
11 Insertion of new s 59LA
Clause 19
After section 59L-- 20
insert-- 21
`59LA Counting the occasions 22
`(1) For sections 59G to 59L, for an occasion of the commission of an 23
offence to be counted in addition to another occasion counted, an occasion 24
must be a separate occasion, that is, an event or series of events that 25
happened on an occasion separate to the event or series of events making 26
up the other occasion. 27
`(2) However, if a series of events that would, apart from this subsection, 28
be treated as a single occasion of the commission of an offence under 29
subsection (1) includes the intervention in any way by a police officer 30
between the commission of 1 prescribed offence and another in the course 31
s 11 20 s 11
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
of the events, the events that happen after the police officer's intervention 1
must be treated as a separate occasion. 2
3
Example for subsection (2)--
4
A driver commits a prescribed offence at 10 p.m. on 1 January. The driver is stopped by
5
a police officer. Before the driver can be given a notice to appear in relation to the
6
prescribed offence, the driver continues to commit the offence but using another
7
vehicle. A police officer again stops the driver. The police officer impounds both
8
vehicles. Because a police officer has intervened between the happening of the first and
9
second offences, the occasions must be treated as 2 separate occasions for this division.
`(3) In sections 59G to 59HA, a reference to a prescribed offence 10
committed on a previous occasion is a reference to a prescribed offence 11
committed on an occasion before the occasion on which the initiating 12
impoundment offence was committed. 13
`(4) Subject to subsections (1) to (3), for a decision under sections 59H 14
to 59L of whether or not a person has previously been charged with, or 15
found guilty of, a prescribed offence committed on a previous occasion or a 16
number of previous occasions or on a number of occasions, the following 17
do not matter-- 18
(a) whether or not any finding of guilt relied on relates to a charge 19
heard and decided together with another charge or other charges 20
relating to another or other findings of guilt being relied on; 21
(b) whether or not findings of guilt relied on relate to charges that 22
were heard and decided in the order in which the occasions of the 23
commission of offences to which they related happened; 24
(c) whether or not any occasion of the commission of an offence, or 25
any charge or any finding of guilt, relied on happened before or 26
after any occasion of the commission of an offence, charge or 27
finding of guilt also relied on. 28
29
Example--
30
An offender commits prescribed offences on 1 January (offence 1), 1 May
31
(offence 2) and 1 June (offence 3). The offender is charged with offence 1
32
on 1 January, offence 2 on 1 May and offence 3 on 1 June. The offender is
33
convicted of offence 3 on 15 June and offences 1 and 2 on 1 October. When
34
a court or magistrate considers the application for impoundment or
35
forfeiture on 1 December, for the purpose of counting the occasions
36
mentioned in subsection (1), there are 3 occasions the court may rely on to
37
make an order.
`(5) For the purpose of a decision under section 59L, the following does 38
not matter-- 39
s 12 21 s 13
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(a) whether or not any finding of guilt relied on relates to an 1
initiating application charge; 2
3
Example--
4
An application may relate to particular prescribed offences but before the
5
initiating application charges of prescribed offences committed by a driver
6
are decided, the driver is found guilty on a charge of a prescribed offence
7
committed after the charge or charges of the prescribed offence in relation
8
to which the application is made have been decided.
(b) whether or not any finding of guilt relied on in an application 9
relates to an offence committed before or after the application 10
was started.'. 11
12 Amendment of s 59O (Powers for enforcing court order)
Clause 12
Section 59O(1)(a), after `59I(3)'-- 13
insert-- 14
`or 59IA(3)'. 15
13 Replacement of s 371A (Power to seize potentially harmful things)
Clause 16
Section 371A-- 17
omit, insert-- 18
`371A Power to seize potentially harmful things 19
`(1) This section applies if a police officer-- 20
(a) finds a person in circumstances in which the police officer 21
reasonably suspects the person is in possession of a potentially 22
harmful thing the person has ingested or inhaled, is ingesting or 23
inhaling, or is about to ingest or inhale; or 24
(b) finds a person in possession of a potentially harmful thing in 25
circumstances in which the police officer reasonably suspects the 26
person has ingested or inhaled, is ingesting or inhaling, or is 27
about to ingest or inhale, the thing. 28
29
Example for paragraph (a)--
30
A police officer finds a person with paint on the person's lips.
s 13 22 s 13
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`(2) The police officer may search the person and anything in the 1
person's possession to find out whether the person is in possession of a 2
potentially harmful thing. 3
`(3) If the person is in possession of a potentially harmful thing, the 4
police officer may ask the person to explain why the person is in possession 5
of the thing. 6
`(4) If the person does not give a reasonable explanation, the police 7
officer may seize the potentially harmful thing. 8
`(5) It is not a reasonable explanation for subsection (4) that the person is 9
in possession of the potentially harmful thing to inhale it or ingest it. 10
`(6) On the seizure of the potentially harmful thing, the thing is forfeited 11
to the State. 12
`(7) Section 38013 does not apply to a thing seized under this section. 13
`371B Dealing with persons affected by potentially harmful things 14
`(1) This section applies to a person at a declared locality if, because of 15
the way the person is behaving and other relevant indicators, a police 16
officer is satisfied the person is affected by the ingestion or inhalation of a 17
potentially harmful thing. 18
19
Example of a relevant indicator--
20
The presence of spray paint cans near the person.
`(2) However, this section applies to the person only if it is appropriate 21
for the person to be taken to a place, other than a police establishment or 22
police station, and the police officer considers the place is a place at which 23
the person can receive the treatment or care necessary to enable the person 24
to recover safely from the effects of the potentially harmful thing (a "place 25
of safety"). 26
27
Examples of a place of safety--
28
1. A hospital may be a place of safety for a person who needs medical attention.
29
2. A vehicle used to transport persons to a place of safety and under the control of
30
someone other than a police officer may be a place of safety.
31
3. The person's home, or the home of a relative or friend, may be a place of safety if
32
there is no likelihood of domestic violence or associated domestic violence
13 Section 380 (Receipt for seized property)
s 13 23 s 13
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
1
happening at the place because of the person's condition or the person is not
2
subject to a domestic violence order preventing the person from entering or
3
remaining at the place.
`(3) It is lawful for the police officer to detain the person for the purpose 4
of taking the person to a place of safety. 5
`(4) In this section-- 6
"declared locality" means a locality declared under a regulation for this 7
section. 8
`371C Duties in relation to person detained under s 371B 9
`(1) It is the duty of the police officer who detains a person under 10
section 371B, at the earliest reasonable opportunity-- 11
(a) to take the person to a place of safety; and 12
(b) to release the person at the place of safety. 13
14
Example--
15
The place of safety may be a vehicle under the control of someone other than a police
16
officer that is used to transport persons to another place of safety.
`(2) Subsection (1) does not apply if the police officer is satisfied-- 17
(a) a person at a place of safety refuses, or is unable, to provide care 18
for the relevant person; or 19
(b) the relevant person's behaviour may pose a risk of harm, 20
including, but not limited to, an act of domestic violence or 21
associated domestic violence, to other persons at a place of 22
safety; or 23
(c) the police officer is unable to find a place of safety that is willing 24
to provide care for the relevant person. 25
`(3) If this section does not apply because of subsection (2), the person 26
must be released. 27
`(4) Before the police officer releases the person, the police officer must 28
ensure the person apparently in possession or in charge of the relevant 29
place of safety gives a police officer a signed undertaking in the approved 30
form to provide care for the relevant person. 31
s 14 24 s 14
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`(5) If the place of safety is not the person's home, the person apparently 1
in possession or in charge of the place of safety may lawfully provide care 2
for the person until the person voluntarily leaves the place. 3
`(6) As soon as practicable after a person is released under subsection (1) 4
or (3), the police officer must enter in a register kept for this section the 5
particulars prescribed under a regulation for this section. 6
`371D No compulsion to stay at place of safety 7
`A person taken to a place of safety can not be compelled to stay there, 8
unless another Act otherwise requires. 9
`371E Review of operation of ss 371B371D 10
`The CMC must keep the operation of sections 371B to 371D under 11
review for 9 months after the sections commence and give the Minister a 12
report of the results of the review as soon as practicable after the end of the 13
9 months. 14
`371F Expiry of ss 371B371E 15
`(1) Sections 371B to 371E expire 1 year after they commence. 16
`(2) However, a regulation may extend the operation of the provisions 17
for periods of up to 1 year.'. 18
14 Amendment of sch 4 (Dictionary)
Clause 19
(1) Schedule 4, definition "place of safety"-- 20
omit. 21
(2) Schedule 4-- 22
insert-- 23
` "forfeiture order" see section 59HA. 14
24
14 Section 59HA (Application for forfeiture order)
s 14 25 s 14
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
"found guilty", of an offence, means there is a finding of guilt, or the 1
acceptance of a plea of guilty, by a court, whether or not a conviction 2
is recorded. 3
"impounding order" see section 59H.15 4
"initiating application charges" for an application for an impounding 5
order--see section 59I.16 6
"initiating impoundment" see section 59G.17 7
"initiating impoundment offence" see section 59G. 8
"methylated spirits" has the same meaning as in the Spirits Act 1906 9
(Cwlth). 10
"place of safety"-- 11
(a) for chapter 6, part 4--see section 210;18 or 12
(b) for chapter 9, part 5--see section 371B.19 13
"potentially harmful thing"-- 14
(a) means a thing a person may lawfully possess that is or contains a 15
substance that may be harmful to a person if ingested or inhaled; 16
and 17
18
Examples--
19
1. Glue.
20
2. Paint.
21
3 A solvent.
(b) includes methylated spirits; and 22
15 Section 59H (Application for impounding order)
16 Section 59I (Orders on application for impounding order if relevant offence not
decided)
17 Section 59G (Content of notice for second or subsequent offence)
18 Chapter 6 (Arrest and custody powers), part 4 (Discontinuing arrest)
19 Chapter 9 (Other powers), part 5 (Miscellaneous powers)
s 15 26 s 16
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(c) does not include a thing intended by its manufacturer to be 1
inhaled or ingested by a person using it. 2
"relevant period", for chapter 2, part 6, division 2--see section 596.20'. 3
PART 3--AMENDMENT OF BAIL ACT 1980 4
15 Act amended in pt 3
Clause 5
This part amends the Bail Act 1980. 6
16 Amendment of s 7 (Power of police officer to grant bail)
Clause 7
(1) Section 7(1)(a)(i), after `officer-in-charge of a'-- 8
insert-- 9
`police station or'. 10
(2) Section 7(1)(c), `the police officer'-- 11
omit, insert-- 12
`a prescribed police officer'. 13
(3) Section 7(1A), `The police officer'-- 14
omit, insert-- 15
`The prescribed police officer'. 16
(4) Section 7(3) and (3A)-- 17
omit, insert-- 18
`(3) If the prescribed police officer refuses to grant bail to a person under 19
this section, the officer must write the officer's reasons for the refusal-- 20
(a) on the papers relating to the person; or 21
(b) on the warrant; or 22
20 Chapter 2 (General enforcement powers), part 6 (Powers relating to vehicles, traffic
and animals), division 2 (Vehicle impounding powers for prescribed offences)
s 17 27 s 18
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(c) in a register or record of persons in custody. 1
`(3A) The keeping of the person in custody is not unlawful only because 2
of a failure to comply with subsection (3).'. 3
(5) Section 7(6)-- 4
insert-- 5
` "officer-in-charge", of a police station or police establishment, includes 6
a police officer nominated by the officer-in-charge of the police station 7
or police establishment as the officer-in-charge of the police station or 8
police establishment during the officer-in-charge's absence. 9
"prescribed police officer", in relation to a person in custody, means-- 10
(a) if the person is in custody at a police station or police 11
establishment--the officer-in-charge of the police station or 12
police establishment; or 13
(b) if the person is in custody at a watch-house-- 14
(i) the watch-house manager; or 15
(ii) another police officer whose duties include performing 16
functions at the watch-house in relation to persons in 17
custody.'. 18
(6) Section 7(1A) to (6), as amended-- 19
renumber as section 7(2) to (9). 20
17 Amendment of s 28A (Other warrants for apprehension of
Clause 21
defendant) 22
Section 28A(1)(c), `7(1A)(b)'-- 23
omit, insert-- 24
`7(2)(b)'. 25
18 Insertion of new s 40
Clause 26
After section 39-- 27
insert-- 28
s 19 28 s 22
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`40 Provisions concerning bail decisions under s 7 1
`(1) It is declared that a bail decision made under section 7 during the 2
relevant period is not invalid only because the police officer making the 3
decision lacked the capacity to make it. 4
`(2) In this section-- 5
"bail decision" means a decision to grant, or refuse to grant, bail. 6
"relevant period" means the period starting on 1 July 2000 and ending 7
immediately before the commencement of this section.'. 8
PART 4--AMENDMENT OF CHILD PROTECTION 9
ACT 1999 10
19 Act amended in pt 4
Clause 11
This part amends the Child Protection Act 1999. 12
20 Omission of s 248 (Tattooing of children prohibited)
Clause 13
Section 248-- 14
omit. 15
PART 5--AMENDMENT OF CORRECTIVE SERVICES 16
ACT 2000 17
21 Act amended in pt 5
Clause 18
This part amends the Corrective Services Act 2000. 19
22 Amendment of s 54 (Transfer to court)
Clause 20
(1) Section 54(1) and (3), after `a court order'-- 21
s 23 29 s 24
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
insert-- 1
`or an attendance authority'. 2
(2) Section 54(4)-- 3
insert-- 4
` "attendance authority" means-- 5
(a) a complaint and summons under the Justices Act 1886; or 6
(b) a notice to appear under the Police Powers and Responsibilities 7
Act 2000.'. 8
PART 6--AMENDMENT OF CRIMINAL LAW 9
(REHABILITATION OF OFFENDERS) ACT 1986 10
23 Act amended in pt 6
Clause 11
This part amends the Criminal Law (Rehabilitation of Offenders) 12
Act 1986. 13
24 Amendment of s 9A (Disclosure of particulars in special cases)
Clause 14
Section 9A, table, after item 1-- 15
insert-- 16
`1A.Persons other than police officers Contraventions of or failure to
who are engaged or employed in comply with any provisions of law,
the Queensland Police Service whether committed in Queensland
or elsewhere.
1B. External service providers within Contraventions of or failure to
the meaning of the Police Service comply with any provisions of law,
Administration Act 1990 whether committed in Queensland
or elsewhere.
s 25 30 s 26
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
1C. Applicants for employment in the Contraventions of or failure to
Queensland Police Service comply with any provisions of law,
whether committed in Queensland
or elsewhere.
1D. Persons performing functions for Contraventions of or failure to
the Queensland Police Service comply with any provisions of law,
under a contract for services whether committed in Queensland
or elsewhere.'.
PART 7--AMENDMENT OF JUVENILE JUSTICE 1
ACT 1992 2
25 Act amended in pt 7
Clause 3
This part amends the Juvenile Justice Act 1992. 4
26 Amendment of s 50 (Dealing with a child if court can not be
Clause 5
promptly constituted) 6
(1) Section 50(1)(a), after `police station'-- 7
insert-- 8
`, police establishment'. 9
(2) Section 50(2), after `of the place'-- 10
insert-- 11
`or, if the place is a watch-house, a prescribed police officer within the 12
meaning of the Bail Act 1980, section 7,21'. 13
21 Bail Act 1980, section 7 (Power of police officer to grant bail)
s 27 31 s 29
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
PART 8--AMENDMENT OF LIQUOR ACT 1992 1
27 Act amended in pt 8
Clause 2
This part amends the Liquor Act 1992. 3
28 Amendment of s 156 (Liquor prohibited to certain persons)
Clause 4
Section 156(3), penalty-- 5
omit, insert-- 6
`Maximum penalty for subsections (1) to (3)-- 7
(a) for an offence committed by the licensee, permittee, nominee or 8
manager of the premises-- 9
(i) if the person to whom the offence relates is a 10
minor--250 penalty units; or 11
(ii) if the person to whom the offence relates is unduly 12
intoxicated or disorderly--500 penalty units; or 13
(b) for an offence committed other than by the licensee, permittee, 14
nominee or manager of the premises-- 15
(i) if the person to whom the offence relates is a 16
minor--40 penalty units; or 17
(ii) if the person to whom the offence relates is unduly 18
intoxicated or disorderly--80 penalty units.'. 19
PART 9--AMENDMENT OF POLICE SERVICE 20
ADMINISTRATION ACT 1990 21
29 Act amended in pt 9
Clause 22
This part amends the Police Service Administration Act 1990. 23
s 30 32 s 30
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
30 Amendment of s 1.4 (Definitions)
Clause 1
Section 1.4-- 2
insert-- 3
` "conviction", in a provision of part 5AA, means a finding of guilt, or the 4
acceptance of a plea of guilty, by a court for an offence-- 5
(a) whether or not a conviction is recorded; and 6
(b) whether in Queensland or elsewhere; and 7
(c) whether before or after the commencement of part 5AA. 8
"criminal history", of a person, for part 5AA and the schedule-- 9
(a) means the person's convictions in relation to offences committed 10
in Queensland or elsewhere; and 11
(b) includes information about offences of any kind alleged to have 12
been committed, in Queensland or elsewhere, by the person. 13
"CrimTrac Agency" means the CrimTrac Agency established under the 14
Public Service Act 1999 (Cwlth), section 65.22 15
"declared law enforcement agency" has the same meaning as in the 16
Police Powers and Responsibilities Act 2000. 17
"engaged by the service" see section 5AA.3.23 18
"external service provider", for part 5AA, means a public service 19
employee, or class of public service employee-- 20
(a) who is employed or engaged in an entity other than the service; 21
and 22
(b) whose functions include, or may include, performing direct 23
corporate service support for the service that allows the person 24
access to corporate or operational information in the possession 25
of the commissioner; and 26
(c) who is declared by regulation to be an external service provider 27
for this part. 28
"QPS database", in the schedule, means any of the following-- 29
22 Public Service Act 1999 (Cwlth), section 65 (Establishment etc. of Executive
Agencies)
23 Section 5AA.3 (Meaning of "engaged by the service")
s 31 33 s 32
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(a) the database known as CRISP; 1
(b) the drug index; 2
(c) the prosecutions index; 3
(d) a register of enforcement acts; 4
(e) the traffic incidents reports index. 5
"relevant information", about a person, for part 5AA, means information 6
about the person of a kind mentioned in the schedule for the person.'. 7
31 Insertion of new s 1.6
Clause 8
After section 1.5-- 9
insert-- 10
`1.6 Notes in text 11
`A note in the text of this Act is part of the Act.'. 12
32 Insertion of new pt 5AA
Clause 13
After part 5-- 14
insert-- 15
`PART 5AA--ASSESSMENT OF SUITABILITY OF 16
PERSONS SEEKING TO BE ENGAGED, OR ENGAGED, 17
BY THE SERVICE 18
`Division 1--Preliminary 19
`5AA.1 Purpose of pt 5AA 20
`The purpose of this part is to ensure the commissioner-- 21
(a) may gather all the relevant information the commissioner needs 22
about a person engaged or seeking to be engaged by the service; 23
and 24
(b) may use the information to assess the person's suitability to be, 25
or continue to be, engaged by the service. 26
s 32 34 s 32
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`5AA.2 Parliament's intention 1
`(1) It is Parliament's intention that relevant information about a person 2
that is obtained by the commissioner under this part is to be used only for 3
assessing the person's suitability to be, or continue to be, engaged by the 4
service. 5
`(2) However, it is not Parliament's intention to prevent the 6
commissioner using information obtained under this part that discloses the 7
commission of an offence, or is, or leads to, the discovery of evidence of 8
the commission of an offence, for an investigation into the offence and any 9
proceeding started or facilitated because of the investigation. 10
`5AA.3 Meaning of "engaged by the service" 11
`A person is "engaged by the service" for this part if the person is 1 of 12
the following-- 13
(a) a police officer; 14
(b) a staff member; 15
(c) a recruit; 16
(d) a special constable; 17
(e) an external service provider; 18
(f) a person performing functions at a police station or police 19
establishment under a contract for services; 20
(g) a person working in the service as a volunteer or as a student on 21
work experience. 22
`5AA.4 This part applies despite the Criminal Law (Rehabilitation of 23
Offenders) Act 1986 24
`This part applies to a person despite anything in the Criminal Law 25
(Rehabilitation of Offenders) Act 1986. 26
`5AA.5 Person to be advised of duties of disclosure etc. 27
`(1) Before a person, other than an external service provider, is engaged 28
by the service, the commissioner must, if the commissioner considers the 29
terms of the engagement require it-- 30
s 32 35 s 32
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(a) tell the person-- 1
(i) of the person's duty to disclose relevant information under 2
division 2; and 3
(ii) that the commissioner may obtain relevant information 4
about the person under division 3 and consider relevant 5
information otherwise available to the commissioner; and 6
(b) give the person a copy of the guidelines for dealing with relevant 7
information obtained by the commissioner under this part. 8
`(2) As soon as practicable after the chief executive officer of an entity 9
other than the service becomes aware a person employed or engaged by the 10
entity is an external service provider, the chief executive officer must-- 11
(a) tell the person-- 12
(i) the person is an external service provider; and 13
(ii) of the person's duty to disclose relevant information under 14
division 2; and 15
(iii) that the commissioner may obtain relevant information 16
about the person under division 3 and consider relevant 17
information otherwise available to the commissioner; and 18
(b) give the person a copy of the guidelines issued by the 19
commissioner for dealing with relevant information obtained by 20
the commissioner under this part. 21
`Division 2--Disclosure of relevant information 22
`5AA.6 Persons engaged or seeking to be engaged by the service must 23
disclose relevant information 24
`(1) Each of the following must, if required by the commissioner, 25
disclose to the commissioner any relevant information known to the person 26
that may affect the person's suitability to be engaged by the service-- 27
(a) a person engaged by the service; 28
(b) a person seeking to be engaged by the service. 29
`(2) A person required to disclose information under subsection (1)(b) 30
must disclose the information before being engaged by the service. 31
s 32 36 s 32
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`5AA.7 Persons engaged by the service must disclose changes in 1
relevant information 2
`If a person engaged by the service is aware that there is a change in 3
relevant information about the person, the person must immediately 4
disclose to the commissioner the details of the change. 5
6
Note--
7
For some persons engaged by the service, a failure to disclose a change in relevant
8
information of which the person is aware may become the subject of disciplinary
9
proceedings.
`5AA.8 Requirements for disclosure 10
`(1) To comply with section 5AA.6 or 5AA.7, a person must give the 11
commissioner a disclosure in the approved form. 12
`(2) Without limiting subsection (1), the approved form must make 13
provision for the disclosure of the following relevant information-- 14
(a) the existence of a conviction or charge; 15
(b) when an offence was committed or alleged to have been 16
committed; 17
(c) details of an offence or alleged offence; 18
(d) for a conviction--whether or not a conviction was recorded and 19
other details of the sentence. 20
`Division 3--Commissioner may obtain relevant information from other 21
entities 22
`5AA.9 Commissioner may request information from other authorities 23
`(1) This section applies to a person who-- 24
(a) is engaged by the service; or 25
(b) seeks to be engaged by the service and has given the 26
commissioner a disclosure for the purposes of division 2. 27
`(2) Also, this section applies even though the disclosure does not state 28
any relevant information about the person. 29
s 32 37 s 32
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`(3) The commissioner may ask another law enforcement agency, 1
whether a declared law enforcement agency, or a law enforcement agency 2
of another country that has an obligation under the law of that country to 3
assess the integrity of persons employed or engaged by the government of 4
that country, to give the commissioner a report that includes relevant 5
information about the person. 6
`5AA.10 Prosecuting authority to notify commissioner about 7
committal, conviction etc. 8
`(1) This section applies if a person is charged with an indictable offence 9
and the director of public prosecutions is aware that the person is engaged 10
by the service. 11
`(2) The director of public prosecutions must give the commissioner 12
written notice of the person's name and the following particulars within 13
7 days after the director of public prosecutions becomes aware of the 14
particulars-- 15
(a) if the person is committed by a court for trial for an indictable 16
offence-- 17
(i) the court committing the person for trial; and 18
(ii) particulars of the offence with which the person is charged; 19
and 20
(iii) the date of the committal; and 21
(iv) the court to which the person was committed; 22
(b) if the person is convicted before the Supreme Court or the 23
District Court of an indictable offence-- 24
(i) the court convicting the person; and 25
(ii) particulars of the offence; and 26
(iii) the date of the conviction; and 27
(iv) the sentence imposed by the court; 28
(c) if the person is convicted of an indictable offence, and has 29
appealed the conviction, and the appeal is finally decided or has 30
otherwise ended-- 31
(i) particulars of the offence of which the person is convicted; 32
and 33
s 32 38 s 32
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(ii) the date the appeal was decided or otherwise ended; and 1
(iii) if the appeal was decided-- 2
(A) the court in which it was decided; and 3
(B) particulars of the decision; 4
(d) if the prosecution process ends without the person being 5
convicted of an indictable offence-- 6
(i) if relevant--the court in which the prosecution process 7
ended; and 8
(ii) particulars of the offence with which the person was 9
charged; and 10
(iii) the date the prosecution process ended. 11
`(3) For subsection (2)(d), a prosecution process ends if-- 12
(a) an indictment is presented against the person and-- 13
(i) a nolle prosequi is entered on the indictment; or 14
(ii) the person is acquitted; or 15
(b) the prosecution process has otherwise ended. 16
`(4) A reference in this section to a conviction of an indictable offence 17
includes a summary conviction of an indictable offence. 18
`(5) Subsection (1) does not apply if the person is charged by a police 19
officer. 20
`(6) Subsection (2)(a) does not apply if the prosecutor appearing is a 21
police officer. 22
`(7) Subsection (2)(d) does not apply if the prosecution process ends 23
while a police officer is in charge of the prosecution. 24
`Division 4--Controls on use of relevant information and information 25
about particular investigations 26
`5AA.11 Assessment of suitability 27
`(1) This section applies to the commissioner in considering relevant 28
information about a person under this part. 29
s 32 39 s 32
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`(2) When making the assessment, the commissioner may have regard to 1
all relevant information available to the commissioner, including, but not 2
limited to-- 3
(a) information that is disclosed to the commissioner under this part; 4
and 5
(b) information that is made available by a declared law enforcement 6
agency or a law enforcement agency of another country because 7
of a request made under this part; and 8
(c) information that is stored on-- 9
(i) a database kept by the commissioner; or 10
(ii) a database kept by another law enforcement agency to 11
which the commissioner has access; and 12
(d) information that is otherwise available to the commissioner. 13
14
Examples for subsection (2)--
15
1. Information obtained from previous employment checks.
16
2. Fingerprint checks.
17
3. DNA tests.
`(3) In addition, information obtained under this part may be taken into 18
account in deciding a question of merit under a merit provision. 19
`(4) Subsection (3) is in addition to and does not limit a merit provision. 20
`(5) In this section-- 21
"merit provision" means-- 22
(a) section 5.2;24 or 23
(b) the Public Service Act 1996, section 78. 25
24
`5AA.12 Particular persons to be advised if person unsuitable 25
`(1) If, because of information relied on by the commissioner under this 26
part, the commissioner considers a person, other than an external service 27
provider, may not be suitable to be, or continue to be, engaged by the 28
24 Section 5.2 (Appointment to be on merit on impartial procedures)
25 Public Service Act 1996, section 78 (Selection for appointment to be on merit)
s 32 40 s 32
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
service, the commissioner must, before deciding the person is not 1
suitable-- 2
(a) disclose the information to the person; and 3
(b) allow the person a reasonable opportunity to make 4
representations to the commissioner about the information. 5
`(2) The commissioner must give reasons why the commissioner 6
considers the person may not be suitable to be, or continue to be, engaged 7
by the service unless the commissioner considers the disclosure of the 8
information may-- 9
(a) prejudice the investigation of a contravention or possible 10
contravention of the law; or 11
(b) enable the existence or identity of a confidential source of 12
information, in relation to the enforcement or administration of 13
the law, to be ascertained; or 14
(c) endanger a person's life or physical safety; or 15
(d) prejudice the effectiveness of a lawful method or procedure for 16
preventing, detecting, investigating or dealing with a 17
contravention or possible contravention of the law; or 18
(e) prejudice the maintenance or enforcement of a lawful method or 19
procedure for protecting public safety; or 20
(f) prejudice national security; or 21
(g) be prohibited under a law of this or any other State or the 22
Commonwealth. 23
`(3) If, after considering any representations made under 24
subsection (1)(b), the commissioner decides the person is not suitable to 25
be, or continue to be, engaged by the service, the commissioner must give 26
the person a written notice stating that the person is not suitable to be, or 27
continue to be, engaged by the service. 28
`(4) Information relied on under this section to decide that a person is not 29
suitable to be engaged by the service can not be used for any other purpose, 30
unless its disclosure is authorised under section 5AA.14(3). 31
s 32 41 s 32
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`5AA.13 External service provider to be advised if person unsuitable 1
`(1) If, because of information relied on by the commissioner under this 2
part, the commissioner considers a person who is an external service 3
provider may not be suitable to be, or continue to be, engaged by the 4
service, the commissioner must, before deciding the person is not 5
suitable-- 6
(a) disclose the information to the person and the chief executive 7
officer of the relevant entity; and 8
(b) allow the person and the chief executive officer a reasonable 9
opportunity to make representations to the commissioner about 10
the information; and 11
(c) allow the person a reasonable opportunity to make 12
representations to the commissioner about any representations 13
made to the commissioner by the chief executive officer. 14
`(2) The commissioner must give reasons why the commissioner 15
considers the person may not be suitable to be, or continue to be, engaged 16
by the service unless the commissioner considers the disclosure of the 17
information may-- 18
(a) prejudice the investigation of a contravention or possible 19
contravention of the law; or 20
(b) enable the existence or identity of a confidential source of 21
information, in relation to the enforcement or administration of 22
the law, to be ascertained; or 23
(c) endanger a person's life or physical safety; or 24
(d) prejudice the effectiveness of a lawful method or procedure for 25
preventing, detecting, investigating or dealing with a 26
contravention or possible contravention of the law; or 27
(e) prejudice the maintenance or enforcement of a lawful method or 28
procedure for protecting public safety; or 29
(f) prejudice national security; or 30
(g) be prohibited under a law of this or any other State or the 31
Commonwealth. 32
`(3) If, after considering any representations made under 33
subsection (1)(b) or (c), the commissioner decides the person is not 34
suitable to be, or continue to be, engaged by the service, the commissioner 35
s 32 42 s 32
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
must give the person and the chief executive officer of the relevant entity a 1
written notice stating that the person is not suitable to be, or continue to be, 2
engaged by the service. 3
`(4) If the person is already employed or engaged by the entity, the chief 4
executive officer must-- 5
(a) have regard to the commissioner's decision that the person is not 6
suitable to be engaged by the police service and the reasons for 7
the decision; and 8
(b) consider whether appropriate steps may be taken to minimise-- 9
(i) the potential adverse effects of the assessment; and 10
(ii) the person's access to information in the possession of the 11
commissioner; and 12
(c) advise the commissioner of the chief executive officer's decision. 13
`(5) If the commissioner considers the steps taken do not adequately 14
minimize the person's access to information in the possession of the 15
commissioner, the commissioner may ask the chairperson of the Crime and 16
Misconduct Commission to review the chief executive officer's decision. 17
`(6) A review conducted under this section-- 18
(a) must be conducted in private; and 19
(b) must be conducted in the way decided by the chairperson; and 20
(c) if the chairperson considers it appropriate, may be conducted on 21
the papers, without hearing submissions from any person; and 22
(d) is not a hearing or investigation of a kind the chairperson may 23
hold under the Crime and Misconduct Act 2001. 24
`(7) The chairperson's decision on the review-- 25
(a) is final and conclusive; and 26
(b) can not be challenged, appealed against, reviewed, quashed, set 27
aside, or called in question in another way, under the Judicial 28
Review Act 1991 (whether by the Supreme Court, another court, 29
a tribunal or another entity); and 30
(c) is not subject to any writ or order of the Supreme Court, another 31
court, a tribunal or another entity on any ground. 32
s 32 43 s 32
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`(8) Information disclosed to the chief executive officer of the entity 1
under subsection (3) must not be disclosed to a member of a selection panel 2
or to anyone else, unless this or another Act permits or requires the 3
disclosure. 4
`5AA.14 Secrecy 5
`(1) This section applies to a person who-- 6
(a) is, or has been-- 7
(i) a person engaged by the service; or 8
(ii) a selection panel member; and 9
(b) in that capacity acquired relevant information about someone 10
else. 11
`(2) The person must not disclose the information to anyone else. 12
Maximum penalty--100 penalty units or 2 years imprisonment. 13
`(3) Subsection (2) does not apply to the disclosure of information about 14
a person, if-- 15
(a) the disclosure-- 16
(i) is to a police officer, a public service employee in the 17
service, or a selection panel member, for the purpose of 18
assessing the person's suitability to be, or continue to be, 19
engaged by the service; or 20
(ii) is with the person's consent; or 21
(iii) is of information that is relevant to an existing investigation 22
of an offence; or 23
(iv) is for a proceeding started because of an investigation 24
mentioned in subparagraph (iii); or 25
(v) is information the person may disclose to a person who is 26
entitled to ask for it under another Act; or 27
28
Example for subparagraph (v)--
29
Family Services Act 1987, part 4.26
26 Family Services Act 1987, part 4 (Criminal histories of persons engaged by the
department)
s 32 44 s 32
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(b) the information discloses evidence of the commission or 1
suspected commission of an offence and an investigation is 2
started or facilitated because of the information. 3
`(4) Also, a person involved in any way in anything done under this part 4
can not be compelled to produce to a court any document kept, or to 5
disclose to a court any information obtained, because of the doing of the 6
thing. 7
`(5) Other than to the extent the Police Powers and Responsibilities 8
Act 2000, section 45427 applies to the document or information, subsection 9
(4) does not affect the operation of the Judicial Review Act 1991. 10
`(6) In this section-- 11
"disclose", in relation to information about a person, includes give access 12
to information about a person. 13
"selection panel member" means a member of a panel formed to make a 14
recommendation to the commissioner about a person's engagement by 15
the service. 16
`5AA.15 Guidelines for dealing with relevant information 17
`(1) The commissioner must make guidelines, consistent with this part, 18
for dealing with relevant information obtained by the commissioner under 19
this part. 20
`(2) The purpose of the guidelines is to ensure-- 21
(a) natural justice is afforded to the persons about whom the 22
information is obtained; and 23
(b) only relevant information is used in assessing the persons' 24
suitability to be, or continue to be, engaged by the service; and 25
(c) decisions about the suitability of persons, based on the 26
information, are made in a consistent way. 27
`(3) The commissioner must give a copy of the guidelines, on request, to 28
a person seeking to be engaged, or engaged, by the service.'. 29
27 Police Powers and Responsibilities Act 2000, section 454 (Protection of
methodologies)
s 33 45 s 35
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
33 Insertion of new pt 11, div 1 hdg
Clause 1
Part 11, before section 11.1-- 2
insert-- 3
`Division 1--Transitional provisions for Police Service Administration 4
Act 1990'. 5
34 Insertion of new pt 11, div 2
Clause 6
Part 11, after section 11.2-- 7
insert-- 8
`Division 2--Transitional provision to assist in interpretation 9
`11.3 Relevant information 10
`The commissioner is taken always to have had power to inquire into a 11
person's criminal history and to take into account relevant information for 12
deciding whether the person is suitable to be engaged, or to continue to be 13
engaged, by the service. 14
`11.4 Amendment of regulation by Police Powers and Responsibilities 15
and Other Legislation Amendment Act 2003 does not affect 16
powers of Governor in Council 17
`The amendment of the Police Service Administration Regulation 1990 18
by the Police Powers and Responsibilities and Other Legislation 19
Amendment Act 2003 does not affect the power of the Governor in Council 20
to further amend the regulation or to repeal it.'. 21
35 Insertion of new sch
Clause 22
After part 11-- 23
insert-- 24
s 35 46 s 35
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`SCHEDULE 1
`RELEVANT INFORMATION 2
section 1.4, definition "relevant information" 3
Information about police officers, recruits and applicants to become 4
police officers or recruits 5
1. Information in a database kept by the CrimTrac Agency about-- 6
· the person's criminal history 7
· cautions or warnings administered or given to the person 8
· the person's involvement in acts of domestic violence in 9
Queensland or elsewhere and any orders made against the person 10
· whether the person has had a weapons licence suspended or 11
cancelled. 12
2. Information in the database kept by the commissioner and known as 13
Polaris about-- 14
· the person's criminal history 15
· the person's traffic history 16
· warrants issued in relation to the person 17
· cautions or warnings administered or given to the person 18
· whether the person is a person of interest in Queensland or 19
interstate 20
· address checks for the person 21
· the person's driver licence details. 22
3. Information in a QPS database kept by the commissioner about 23
whether the person is a person of interest because, for example, the person 24
is a suspect, an offender, a missing person, a complainant, or a witness. 25
4. The complete record in a database kept by the commissioner of any of 26
the following-- 27
· any incidents, including traffic incidents, involving the person 28
s 35 47 s 35
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
· any offences involving the person 1
· any complaints involving the person 2
· the person's domestic violence history 3
· the person's drug history 4
· the person's arrest history 5
· any detention of the person in custody 6
· any prosecutions started against the person. 7
5. Information about the person supplied to the commissioner by another 8
police service, whether based on a request made after a search of a database 9
kept by the CrimTrac Agency in relation to a person or because of 10
information given by the person. 11
6. Information about the person supplied to the commissioner by 12
Interpol. 13
7. If the person is a recommended appointee to a position, information 14
supplied to the commissioner by a police officer in relation to a person. 15
8. Information about the person kept in a database of criminal 16
intelligence, whether the database is kept by the commissioner or is one to 17
which the commissioner has access. 18
9. Information about the person that is supplied to the commissioner by 19
the Crime and Misconduct Commission. 20
10. Information about the person that is supplied to the commissioner by 21
the department within which the Corrective Services Act 2000 is 22
administered. 23
11. Information about the person in the possession of the commissioner 24
because of inquiries made by the unit of the service known as the Ethical 25
Standards Command. 26
12. Information about the person supplied by the Australian Defence 27
Force ("ADF") about the following if the person is serving, or has served, 28
as a member of ADF and is an applicant to become a police officer-- 29
· checks made in relation to the person 30
· the person's conduct as a member of the ADF 31
· the person's medical history. 32
s 35 48 s 35
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
13. Information about the person supplied to the commissioner by a 1
police force or service of another State, the Commonwealth, or another 2
country, about the following if the person is serving, or has served, as a 3
police officer in that jurisdiction and is an applicant to become a police 4
officer-- 5
· checks made in relation to the person 6
· the person's conduct as a police officer 7
· the person's medical history. 8
Information about staff members, applicants to become staff 9
members, volunteers and students on work experience 10
1. Information in a database kept by the CrimTrac Agency about-- 11
· the person's criminal history 12
· cautions or warnings administered or given to the person 13
· the person's involvement in acts of domestic violence in 14
Queensland or elsewhere and any orders made against the person 15
· any known alias of the person. 16
2. Information in QPS database kept by the commissioner about-- 17
· the person's criminal history 18
· if the person is nominated for appointment to a position that 19
involves significant driving duties--the person's Queensland 20
traffic history 21
· warrants issued in relation to the person 22
· cautions or warnings administered or given to the person 23
· whether the person is a person of interest in Queensland or 24
interstate. 25
3. Information in a database, other than the database known as Polaris, 26
kept by the commissioner about-- 27
· the person's criminal history 28
· cautions administered to the person in Queensland 29
· charges laid against the person in Queensland 30
s 35 49 s 35
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
· whether the person is wanted for questioning 1
· any known alias of the person. 2
4. Information about the person supplied to the commissioner by a 3
declared law enforcement agency about the following if the person has 4
lived for an extensive period outside Queensland-- 5
· charges laid against the person that have not been decided, 6
dismissed or withdrawn 7
· any known alias of the person. 8
5. Information about the person kept in a database of criminal 9
intelligence, whether the database is kept by the commissioner or is one to 10
which the commissioner has access. 11
6. Information about the person, if the person was employed in a unit of 12
public administration or a local government within the last 10 years, that is 13
supplied to the commissioner by the Crime and Misconduct Commission. 14
7. For former employees of the service, information in the possession of 15
the commissioner because of inquiries made by the unit of the service 16
known as the Ethical Standards Command. 17
8. Information in the possession of the commissioner and kept in the 18
index known as the Drug Index. 19
Persons performing, or seeking to perform functions, for the service 20
under a contract for services 21
1. Information in a database kept by the CrimTrac Agency about-- 22
· the person's criminal history 23
· any warrants in relation to the person, in Queensland or 24
interstate, that are outstanding 25
· the person's involvement in acts of domestic violence in 26
Queensland or elsewhere and any orders made against the person 27
· any restraining orders made against the person 28
· any known alias of the person. 29
2. Information in the database kept by the commissioner and known as 30
Polaris about-- 31
· the person's Queensland criminal history 32
s 36 50 s 37
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
· the person's traffic history 1
· warrants issued in relation to the person 2
· cautions or warnings administered or given to the person 3
· whether the person is a person of interest in Queensland or 4
interstate. 5
3. Information in a QPS database kept by the commissioner about the 6
person's criminal history, the person's cautions or charges, and whether the 7
person is wanted for questioning or has any aliases. 8
External service providers 9
1. Information about the external service provider's criminal history.'. 10
PART 10--AMENDMENT OF POLICE SERVICE 11
ADMINISTRATION REGULATION 1990 12
36 Regulation amended in pt 10
Clause 13
This part amends the Police Service Administration Regulation 1990. 14
37 Insertion of new s 10.2
Clause 15
After section 10.1-- 16
insert-- 17
`10.2 External service providers 18
`Each of the following is an external service provider for the Act, 19
section 1.4, definition "external service provider"-- 20
(a) for the department within which the Queensland Treasury 21
Corporation Act 1988 is administered--the unit known as 22
CorpTech; 23
(b) for the department within which the Criminal Code is 24
administered--the unit known as PartnerOne.'. 25
s 38 51 s 40
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
PART 11--AMENDMENT OF PROSTITUTION ACT 1999 1
38 Act amended in pt 11
Clause 2
This part amends the Prostitution Act 1999. 3
39 Amendment of s 91 (Prostitute providing sexual intercourse or
Clause 4
oral sex without a prophylactic) 5
(1) Section 91(1) and (2), `, at a licensed brothel,'-- 6
omit. 7
(2) Section 91(3), `at a licensed brothel'-- 8
omit. 9
(3) Section 91, as amended-- 10
renumber as section 77A and relocate to part 6, division 1, after 11
section 77. 12
40 Amendment of s 101 (Functions of Authority)
Clause 13
(1) Section 101(g)-- 14
omit, insert-- 15
`(g) to liaise with the police service and other agencies prescribed 16
under a regulation with a view to helping them in carrying out 17
their functions in relation to prostitution;'. 18
(2) Section 101(j)-- 19
omit, insert-- 20
`(j) to advise the Minister about ways of promoting and coordinating 21
programs that-- 22
(i) promote sexual health care; or 23
(ii) help prostitutes to leave prostitution; or 24
(iii) divert minors and other vulnerable persons from 25
prostitution, especially opportunistic prostitution; or 26
s 41 52 s 43
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(iv) raise awareness in prostitutes, judicial officers, police, 1
community workers and the community about issues 2
relating to prostitution; 3
(k) to advise the Minister about the development of codes of practice 4
for licensed brothels.'. 5
41 Amendment of s 102 (Membership)
Clause 6
(1) Section 102(1), `6'-- 7
omit, insert-- 8
`8'. 9
(2) Section 102(1)-- 10
insert-- 11
`(g) 2 persons who, in the Minister's opinion, are qualified to 12
represent community interests.'. 13
(3) Section 102-- 14
insert-- 15
`(4) A person mentioned in subsection (1)(g) must not be a person who 16
has, or has had, a business interest in a brothel or in the provision of 17
prostitution services.'. 18
42 Omission of pt 7, div 2
Clause 19
Part 7, division 2-- 20
omit. 21
43 Amendment of pt 7, div 3 hdg
Clause 22
Part 7, division 3, heading, `3'-- 23
omit, insert-- 24
`2'. 25
s 44 53 s 48
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
44 Amendment of s 133 (Disclosure of information)
Clause 1
(1) Section 133(3), definition "official", paragraph (c)-- 2
omit. 3
(2) Section 133(3), definition "official", paragraphs (d) to (g)-- 4
renumber as paragraphs (c) to (f). 5
45 Amendment of s 134 (Protection from liability)
Clause 6
(1) Section 134(3), definition "official", paragraph (d)-- 7
omit. 8
(2) Section 134(3), definition "official", paragraphs (e) to (g)-- 9
renumber as paragraphs (d) to (f). 10
46 Amendment of s 141 (Review of Act)
Clause 11
Section 141(3), from `, the Authority'-- 12
omit, insert-- 13
`and the Authority'. 14
47 Amendment of sch 4 (Definitions)
Clause 15
Schedule 4, definition "Council"-- 16
omit. 17
PART 12--AMENDMENT OF VAGRANTS, GAMING 18
AND OTHER OFFENCES ACT 1931 19
48 Act amended in pt 12
Clause 20
This part amends the Vagrants, Gaming and Other Offences Act 1931. 21
s 49 54 s 50
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
49 Amendment of pt 2 hdg
Clause 1
Part 2, heading, `DISORDERLY PERSONS'-- 2
omit, insert-- 3
`PROPERTY RELATED OFFENCES'. 4
50 Replacement of s 7 (Obscene, abusive language etc.)
Clause 5
Section 7-- 6
omit, insert-- 7
`PART 2A--QUALITY OF COMMUNITY USE OF 8
PUBLIC PLACES 9
`7 Object of pt 2A 10
`This part has, as its object, ensuring, as far as practicable, members of 11
the public may lawfully use and pass through public places without 12
interference from unlawful acts of nuisance committed by others. 13
`7AA Public nuisance 14
`(1) A person must not commit a public nuisance offence. 15
Maximum penalty--10 penalty units or 6 months imprisonment. 16
`(2) A person commits a public nuisance offence if-- 17
(a) the person behaves in-- 18
(i) a disorderly way; or 19
(ii) an offensive way; or 20
(iii) a threatening way; or 21
(iv) a violent way; and 22
(b) the person's behaviour interferes, or is likely to interfere, with the 23
peaceful passage through, or enjoyment of, a public place by a 24
member of the public. 25
`(3) Without limiting subsection (2)-- 26
s 51 55 s 52
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(a) a person behaves in an offensive way if the person uses offensive, 1
obscene, indecent or abusive language; and 2
(b) a person behaves in a threatening way if the person uses 3
threatening language. 4
`(4) It is not necessary for a person to make a complaint about the 5
behaviour of another person before a police officer may start a proceeding 6
against the person for a public nuisance offence. 7
`(5) Also, in a proceeding for a public nuisance offence, more than 8
1 matter mentioned in subsection (2)(a) may be relied on to prove a single 9
public nuisance offence. 10
`(6) Within 1 year after the commencement of this section, the Crime 11
and Misconduct Commission must review the use of this section and give 12
the Minister a report of the review. 13
`PART 2B--PUBLICATION OFFENCES'. 14
51 Insertion of new pt 2C hdg
Clause 15
After section 17-- 16
insert-- 17
`PART 2C--PROTECTION FROM HABITUAL 18
DRUNKARDS'. 19
52 Insertion of new pt 3A
Clause 20
After section 22A-- 21
insert-- 22
`PART 3A--BODY PIERCING AND TATTOOING 23
`23 Particular body piercing of minor prohibited 24
`(1) A person must not, as part of a business transaction, perform body 25
piercing to any part of-- 26
s 52 56 s 52
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(a) the external genitalia of a female who is a minor; or 1
(b) the penis or scrotal skin of a male who is a minor; or 2
(c) the nipples of a minor. 3
Maximum penalty-- 4
(a) 40 penalty units or 6 months imprisonment; or 5
(b) if the minor is an intellectually impaired person or the minor's 6
decision-making capacity is impaired because of alcohol or a 7
drug--80 penalty units or 1 year imprisonment. 8
`(2) It is not a defence to a prosecution of a person for an offence against 9
subsection (1) that the minor, or a parent or guardian of the minor, 10
consented to the body piercing. 11
`(3) In this section-- 12
"body piercing"-- 13
(a) means the process of penetrating a person's skin or mucous 14
membrane with a sharp instrument for the purpose of implanting 15
jewellery or other foreign material through or into the skin or 16
mucous membrane; and 17
(b) does not include the process of piercing a person's ear or nose 18
with a closed piercing instrument that-- 19
(i) does not come into contact with the person's skin or mucous 20
membrane; and 21
(ii) is fitted with a sterilised single-use disposable cartridge 22
containing sterilised jewellery and fittings. 23
24
Examples of foreign material--
25
1. A ring.
26
2. A bar.
27
3. A pin.
28
4. A stud.
"genitalia" see the Criminal Code, section 1.28 29
"intellectually impaired person" see the Criminal Code, section 1. 30
28 Criminal Code, section 1 (Definitions)
s 53 57 s 53
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`24 Tattooing minor prohibited 1
`(1) A person must not perform tattooing on a minor. 2
Maximum penalty--40 penalty units or 6 months imprisonment. 3
`(2) In this section-- 4
"tattooing"-- 5
(a) means the process of penetrating a person's skin and inserting 6
into it colour pigments to make a permanent mark, pattern or 7
design on the skin; and 8
(b) includes any process that penetrates the skin and inserts into it 9
colour pigments to make a semipermanent mark, pattern or 10
design on the skin including for example-- 11
(i) the process known as cosmetic tattooing; or 12
(ii) the process for applying semipermanent make-up.'. 13
53 Insertion of new s 37D
Clause 14
Part 4, after section 37C-- 15
insert-- 16
`37D Sale of potentially harmful things 17
`(1) A person (the "seller") must not sell a potentially harmful thing to 18
another person if the seller knows or believes, on reasonable grounds, that 19
the other person-- 20
(a) intends to inhale or ingest the thing; or 21
(b) intends to sell the thing to another person for inhalation or 22
ingestion whether by that person or someone else. 23
Maximum penalty-- 24
(a) for a first offence--25 penalty units or 3 months imprisonment; 25
or 26
(b) for a second or later offence--50 penalty units or 1 year 27
imprisonment. 28
s 53 58 s 53
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`(2) For the purposes of the Anti-Discrimination Act 1991, section 46,29 a 1
seller is not to be taken to discriminate against a person only because the 2
seller refuses to sell a potentially harmful thing to the person because of 3
subsection (1). 4
`(3) In this section-- 5
"potentially harmful thing"-- 6
(a) means a thing a person may lawfully possess that is or contains a 7
substance that may be harmful to a person if ingested or inhaled; 8
and 9
10
Example--
11
1. Glue.
12
2. Paint.
13
3. A solvent.
(b) includes methylated spirits; and 14
(c) does not include a thing intended by its manufacturer to be 15
inhaled or ingested by a person using it. 16
"sell" includes-- 17
(a) sell by wholesale, retail or auction; and 18
(b) supply in trade or commerce or under an arrangement; and 19
(c) agree, attempt or offer to sell; and 20
(d) keep or expose for sale; and 21
(e) cause or permit to be sold.'. 22
29 Anti-Discrimination Act 1991, section 46 (Discrimination in good and services area)
s 54 59 s 57
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
PART 13--AMENDMENT OF WEAPONS ACT 1990 1
Division 1--Preliminary 2
54 Act amended in pt 13
Clause 3
This part amends the Weapons Act 1990. 4
Division 2--Amendments commencing on assent 5
55 Amendment of s 15 (Authorised officer decides application)
Clause 6
Section 15(4)(a), from `including'-- 7
omit, insert-- 8
`including, but not limited to-- 9
(i) conditions limiting the use or possession of a weapon; or 10
(ii) conditions prescribed under a regulation and applying to the 11
weapon; or 12
(iii) any other conditions the authorised officer considers 13
appropriate in the particular circumstances; or'. 14
56 Amendment of s 35 (Acquisition of weapons)
Clause 15
Section 35(1), penalty, paragraph (c), `or B'-- 16
omit, insert-- 17
`, B or M'. 18
57 Amendment of s 49A (Authority given by licence)
Clause 19
(1) Section 49A(2), after `participation condition'-- 20
insert-- 21
`, whether imposed by an authorised officer or prescribed under a 22
regulation'. 23
s 58 60 s 58
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(2) Section 49A(3)-- 1
renumber as section 49A(4). 2
(3) Section 49A-- 3
insert-- 4
`(3) If a condition is prescribed under a regulation for a category of 5
weapon-- 6
(a) the condition applies to all weapons of the category, whether 7
licensed before or after the day the condition has effect; and 8
(b) the licence is taken to have been amended to include the 9
condition.'. 10
58 Amendment of s 57 (Particular conduct involving a weapon in a
Clause 11
public place prohibited) 12
(1) Section 57(1), definition "weapon", paragraph (a), after 13
`crossbow'-- 14
insert-- 15
`or sword'. 16
(2) Section 57(1), definition "weapon", paragraph (d), after `slingshot'-- 17
insert-- 18
`or shanghai'. 19
(3) Section 57-- 20
insert-- 21
`(5) It is a reasonable excuse for subsection (2) to carry a sword exposed 22
to view in a public place-- 23
(a) to perform a lawful activity, duty or employment; or 24
(b) to participate in a lawful entertainment, recreation or sport; or 25
(c) to exhibit the sword; or 26
(d) for use for a lawful purpose. 27
28
Example for paragraph (a)--
29
A person may carry a sword for ceremonial purposes at an official function
30
attended by the Governor.
s 59 61 s 60
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
1
Example for paragraph (b)--
2
A person may carry a sword as an accessory while playing in a pipe band.
3
Example for paragraph (c)--
4
A person who collects swords may exhibit them at a fete or another public
5
gathering.
6
Example for paragraph (d)--
7
A person may carry a sword as part of an official uniform the person is
8
entitled to wear.
`(6) It is not a reasonable excuse for subsection (2) or (3) to carry a 9
weapon in a public place for self-defence purposes. 10
`(7) In deciding what is a reasonable excuse for subsection (2) or (3), 11
regard may be had, among other things, to whether the way the weapon is 12
carried, or when and where it is carried, would cause a reasonable person 13
concern that he or she, or someone else in the vicinity, may be threatened 14
or harmed.'. 15
59 Amendment of s 58 (Dangerous conduct with weapon prohibited
Clause 16
generally) 17
(1) Section 58(1), definition "weapon", paragraph (a), after 18
`crossbow'-- 19
insert-- 20
`or sword'. 21
(2) Section 58(1), definition "weapon", paragraph (e), after `slingshot'-- 22
insert-- 23
`or shanghai'. 24
60 Amendment of s 59 (Possession or use of weapon under the
Clause 25
influence of liquor or a drug prohibited) 26
(1) Section 59(1), definition "weapon", paragraph (a), after 27
`crossbow'-- 28
insert-- 29
`or sword'. 30
(2) Section 59(1), definition "weapon", paragraph (b), after `slingshot'-- 31
s 61 62 s 63
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
insert-- 1
`or shanghai'. 2
(3) Section 59(1), definition "weapon", paragraphs (b) and (c)-- 3
renumber as paragraphs (c) and (d). 4
(4) Section 59(1), definition "weapon"-- 5
insert-- 6
`(b) a replica of a thing mentioned in paragraph (a); and'. 7
61 Amendment of s 73 (Dealer etc. to require information)
Clause 8
Section 73(a), `; or'-- 9
omit, insert-- 10
`; and'. 11
62 Amendment of s 132 (Conditions for concealable firearms licence)
Clause 12
(1) Section 132(1)(d) and (e)-- 13
omit. 14
(2) Section 132(2), `(d) or (e),'-- 15
omit. 16
63 Insertion of new pt 8, div 3
Clause 17
After section 182-- 18
insert-- 19
`Division 3--Transitional provisions for Police Powers and 20
Responsibilities and Other Legislation Amendment Act 2003 21
`183 Transitional provision about authorised officers powers 22
`It is declared that an authorised officer has, and always has had, power 23
to impose a condition on a licence issued under this Act that restricts, or 24
has the effect of restricting, the possession or use of a weapon to a 25
registered weapon of a particular category. 26
s 64 63 s 65
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`184 Amendment of regulation by Police Powers and Responsibilities 1
and Other Legislation Amendment Act 2003 does not affect 2
powers of Governor in Council 3
`The amendment of the Weapons Regulation 1996 and the Weapons 4
(Categories) Regulation 1997 by the Police Powers and Responsibilities 5
and Other Legislation Amendment Act 2003 does not affect the power of 6
the Governor in Council to further amend the regulations or to repeal 7
them.'. 8
64 Amendment of sch 1 (Subject matter for regulations)
Clause 9
(1) Schedule 1, item 2A, after `H'-- 10
insert-- 11
`, M'. 12
(2) Schedule 1, item 4, heading, `and magazines'-- 13
omit. 14
(3) Schedule 1, item 4, `or magazines'-- 15
omit. 16
(4) Schedule 1, item 15, `pistol'-- 17
insert-- 18
`shooting'. 19
65 Amendment of sch 2 (Dictionary)
Clause 20
(1) Schedule 2-- 21
insert-- 22
` "shanghai" means a Y-shaped device that-- 23
(a) has something with elastic properties fixed to it; and 24
(b) is capable of being used to propel a projectile. 25
"sword" means a thing consisting of a long, straight or curved blade, fixed 26
in a hilt or handle, the blade of which is either-- 27
(a) pointed; or 28
(b) sharp-edged on one or both sides. 29
s 66 64 s 68
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
1
Example--
2
1. A rapier.
3
2. A broadsword.
"unlawful" means without lawful justification or excuse.'. 4
(2) Schedule 2, definition "firearm", paragraph (g), `slingshot'-- 5
omit, insert-- 6
`slingshot, shanghai or sword'. 7
Division 3--Amendments commencing after assent 8
66 Amendment of s 15 (Authorised officer decides application)
Clause 9
(1) Section 15(4)(a)(iii)-- 10
renumber as section 15(4)(a)(iv). 11
(2) Section 15(4)(a)-- 12
insert-- 13
`(iii) for a licence authorising possession of a category M 14
crossbow--conditions requiring the licensee within 7 days 15
to permanently mark on the crossbow an identifying serial 16
number fixed by the authorised officer for the crossbow; or'. 17
67 Amendment of s 33 (Interstate residents moving to Queensland)
Clause 18
(1) Section 33(1), after `weapon'-- 19
insert-- 20
`or a category M crossbow'. 21
(2) Section 33(3)(a), after `weapon'-- 22
omit, insert-- 23
`or a category M crossbow'. 24
68 Amendment of s 36 (Sale or disposal of weapons)
Clause 25
Section 36(1), penalty, paragraph (c), after `weapon'-- 26
s 69 65 s 71
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
insert-- 1
`or a category M crossbow'. 2
69 Amendment of s 49 (Commissioner to maintain firearms register)
Clause 3
(1) Section 49(2)(b), before `the type'-- 4
insert-- 5
`for a firearm other than a category M crossbow--'. 6
(2) Section 49(2)(g)-- 7
renumber as section 49(2)(h). 8
(3) Section 49(2)-- 9
insert-- 10
`(g) for a category M crossbow--the identifying serial number of the 11
crossbow;'. 12
(4) Section 49(6), definition "firearm"-- 13
omit, insert-- 14
` "firearm" includes-- 15
(a) a category H weapon that is permanently inoperable; and 16
(b) a category M crossbow.'. 17
70 Amendment of s 56 (Discharge of weapon on private land without
Clause 18
owner's consent prohibited) 19
Section 56(1), definition "weapon", `, crossbow'-- 20
omit. 21
71 Amendment of s 57 (Particular conduct involving a weapon in a
Clause 22
public place prohibited) 23
Section 57(1), definition "weapon", paragraph (a), `, crossbow'-- 24
omit. 25
s 72 66 s 77
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
72 Amendment of s 58 (Dangerous conduct with weapon prohibited
Clause 1
generally) 2
Section 58(1), definition "weapon", paragraph (a), `, crossbow'-- 3
omit. 4
73 Amendment of s 59 (Possession or use of weapon under the
Clause 5
influence of liquor or a drug prohibited) 6
Section 59(1), definition "weapon", paragraph (a), `, crossbow'-- 7
omit. 8
74 Amendment of s 65 (Unlawful trafficking in weapons)
Clause 9
Section 65, penalty, paragraph (b), after `weapon'-- 10
insert-- 11
`, a category M crossbow'. 12
75 Amendment of s 68 (Dealers to be licensed)
Clause 13
Section 68(1), penalty, paragraph (c), after `weapon'-- 14
insert-- 15
`or a category M crossbow'. 16
76 Amendment of s 69 (Armourers to be licensed)
Clause 17
Section 69(1), penalty, paragraph (c), after `weapon'-- 18
insert-- 19
`or a category M crossbow'. 20
77 Insertion of new s 185
Clause 21
After section 184-- 22
insert-- 23
s 78 67 s 79
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`185 Transitional provision about category M crossbows 1
`(1) A person who applies for a licence for a category M crossbow in the 2
person's lawful possession immediately before the crossbow 3
commencement day is taken to have adequate knowledge of safety 4
practices for the use, storage and maintenance of the weapon. 5
`(2) In subsection (1)-- 6
"crossbow commencement day" means the day the Police Powers and 7
Responsibilities and Other Legislation Amendment Act 2003, part 13, 8
division 3 commences.30'. 9
78 Amendment of sch 2 (Dictionary)
Clause 10
(1) Schedule 2-- 11
insert-- 12
` "category M crossbow" means a crossbow that is a category M weapon 13
under the Weapons (Categories) Regulation 1997, section 7A(g).'. 14
(2) Schedule 2, definition "shooting club", after `of target shooting'-- 15
insert-- 16
`, whether or not involving the use of a category M crossbow'. 17
PART 14--AMENDMENT OF WEAPONS 18
REGULATION 1996 19
79 Regulation amended in pt 14
Clause 20
This part amends the Weapons Regulation 1996. 21
30 Police Powers and Responsibilities and Other Legislation Amendment Act 2003,
part 13 (Amendment of Weapons Act 1990), division 3 (Amendments commencing
after assent)
s 80 68 s 80
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
80 Amendment of s 25A (Miscellaneous weapons licence)
Clause 1
(1) Section 25A(1)(b), `7A(g) or (i)'-- 2
omit, insert-- 3
`7A(h) or (j)'. 4
(2) Section 25A(1)(c), `7A(h) or (l)'-- 5
omit, insert-- 6
`7A(i) or (m)'. 7
(3) Section 25A(1)((b) and (c), as amended-- 8
renumber as section 25A(1)(c) and (d). 9
(4) Section 25A(1)-- 10
insert-- 11
`(b) a category M crossbow; or'. 12
(5) Section 25A(4) to (8)-- 13
renumber as section 25A(6) to (10). 14
(6) Section 25A-- 15
insert-- 16
`(4) A miscellaneous weapons licence may only be issued for a 17
category M crossbow, if an authorised officer is satisfied the applicant for 18
the licence-- 19
(a) has the written permission of a landholder to engage in 20
recreational shooting on the landholder's land; or 21
(b) is a current member of any of the following-- 22
(i) a club that is, or is affiliated with, an organisation that is 23
recognised by the commissioner as being a State or national 24
archery organisation; 25
(ii) a club that is, or is affiliated with, a State, national or 26
international historical or military re-enactment 27
organisation; 28
(iii) a club that is a genuine historical or military re-enactment 29
organisation that gives training in the use of category M 30
crossbows. 31
69
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`(5) If the applicant applied for a miscellaneous weapons licence for a 1
category M crossbow, the licence authorises the licensee to possess and use 2
the type of category M crossbow stated on the licence, but only for the 3
purpose stated on the licence.'. 4
81 Amendment of sch 1 (Fees)
Clause 5
Schedule 1, item 2-- 6
insert-- 7
`(m) miscellaneous weapons licence. . . . . . . . . . . . . . . . . 10.00'.
PART 15--AMENDMENT OF WEAPONS 8
(CATEGORIES) REGULATION 1997 9
82 Regulation amended in pt 15
Clause 10
This part amends the Weapons (Categories) Regulation 1997. 11
83 Amendment of s 7A (Category M weapons)
Clause 12
(1) Section 7A(f), `any crossbow'-- 13
omit, insert-- 14
`any pistol crossbow'. 15
(2) Section 7A(g) to (m)-- 16
renumber as section 7A(h) to (n). 17
(3) Section 7A-- 18
insert-- 19
`(g) any crossbow designed to be discharged by the use of 2 hands 20
that, when discharged, is capable of causing damage or injury to 21
property or capable of causing bodily harm;'. 22
70
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
SCHEDULE 1
MINOR AMENDMENTS OF POLICE POWERS AND 2
RESPONSIBILITIES ACT 2000 3
section 3 4
1 Section 59E, `person in control'-- 5
omit, insert-- 6
`driver'. 7
2 Section 59F(2)(d), `person in control'-- 8
omit, insert-- 9
`driver'. 10
3 Section 59F(2)(d), `that person'-- 11
omit, insert-- 12
`the driver'. 13
4 Section 59K, `person in control'-- 14
omit, insert-- 15
`driver'. 16
5 Section 59P(2), `person in control'-- 17
omit, insert-- 18
`driver'. 19
71
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
SCHEDULE (continued)
6 Section 59P(3) and (7), `person'-- 1
omit, insert-- 2
`driver'. 3
7 Section 59P(6), `person', first and last mention-- 4
omit, insert-- 5
`driver'. 6
8 Section 59P(6), `person's'-- 7
omit, insert-- 8
`driver's'. 9
9 Section 59R, `person'-- 10
omit, insert-- 11
`driver'. 12
10 Section 59U(1), `The owner'-- 13
omit, insert-- 14
`Despite section 59I(5) and 59IA(5), the owner'. 15
11 Section 451(1), from `impounding' to `division 2'-- 16
omit, insert-- 17
`mentioned in section 59H(6) or 59HA(6)'. 18
19
© State of Queensland 2003
AMENDMENTS TO BILL
1
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
POLICE POWERS AND
RESPONSIBILITIES AND OTHER
LEGISLATION AMENDMENT BILL 2003
AMENDMENTS AGREED TO IN COMMITTEE
1 Clause 2--
At page 8, line 8, `132 commences' --
omit, insert--
`13 and part 11A1 commence'.
2 Clause 13--
At page 24, lines 12 to 14--
omit, insert--
` `review for 9 months after the sections commence.
`(2) The conduct of the review and the preparation of the report is a
function of the CMC for the Crime and Misconduct Act 2001.
`(3) In the course of preparing the report, the CMC must consult with the
Minister.
`(4) The CMC must give a copy of the report to the Speaker for tabling
in the Legislative Assembly.'.
3 Clause 13--
At page 24, line 16, after `371E'--
insert--
`and this section'.
1 Section 13 (Replacement of s 371A (Power to seize potentially harmful things)) and
part 11A (Amendment of Public Service Act 1996)
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Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
4 Clause 13--
At page 24, line 17, after `provisions'--
insert--
`and this section'.
5 Clause 22--
At page 29, line 6, `complaint and'--
omit.
6 After clause 22--
At page 29, after line 8--
insert--
`PART 5A--AMENDMENT OF CRIMINAL CODE
`22A Act amended in pt 5A
`This part amends the Criminal Code.
`22B Amendment of s 328A (Dangerous operation of a vehicle)
`(1) Section 328A(4)(b), from `concentration of alcohol' to `100 ml of
blood'--
omit, insert--
`offender was, at that time, over the high alcohol limit'.
`(2) Section 328A(5)--
insert--
` "high alcohol limit" see the Transport Operations (Road Use
Management) Act 1995, section 79A.2'.
2 Transport Operations (Road Use Management) Act 1995, section 79A (When is a
person over the limit)
3
Police Powers and Responsibilities and Other
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`(3) Section 328A(5), definition "operates, or in any way interferes with
the operation of, a vehicle dangerously", paragraph (d), after `in the
operator's blood'--
insert--
`or breath'.'.
7 After clause 28--
At page 31, after line 19--
insert--
`PART 8A--AMENDMENT OF POLICE POWERS AND
RESPONSIBILITIES (FORENSIC PROCEDURES)
AMENDMENT ACT 2003
`28A Act amended in pt 8A
`This part amends the Police Powers and Responsibilities (Forensic
Procedures) Amendment Act 2003.
`28B Amendment of s 10 (Replacement of ch 8, pts 24 and pt 5, hdg of
Act No. 5 of 2000)
`Section 10, new section 318ZF(6), definition "reporting notice", from
`section 318B(2)'--
omit, insert--
`section 318A(2).3'.'.
8 After clause 47--
At page 53, after line 17--
insert--
3 Section 318A (Prisoner serving term of imprisonment for prescribed indictable
offence)
4
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`PART 11A--AMENDMENT OF PUBLIC SERVICE
ACT 1996
`47A Act amended in pt 11A
`This part amends the Public Service Act 1996.
`47B Insertion of new pt 9A
`After section 114--
insert--
`PART 9A--CRIMINAL HISTORY REPORTS IF
ENGAGED TO PERFORM RELEVANT DUTIES
`114A Definitions for pt 9A
`In this part--
"criminal history" see the Criminal Law (Rehabilitation of Offenders)
Act 1986, section 3.
"criminal history report" means a report given under section 114D to a
chief executive by the commissioner of the police service about the
criminal history of a person.
"engage", a person, includes any of the following--
(a) appoint, employ, promote, redeploy or second the person within
or to a department;
(b) allow the person to participate in a work performance
arrangement or an interchange arrangement, within the meaning
of section 82,4 in a department;
(c) start training the person in a department as an apprentice or
trainee, within the meaning of the Training and Employment
Act 2000, chapter 1, part 2.5
4 Section 82 (Work performance and interchange arrangements)
5 Training and Employment Act 2000, chapter 1 (Preliminary), part 2 (Definitions and
basic concepts)
5
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
"relevant duties" means the particular duties in a department in relation to
which the chief executive of the department decides, under
section 114C(1), it may be necessary to have regard to the criminal
history of anyone engaged to perform those duties to ensure the
person so engaged is suitable to perform them.
`114B Relationship of part with other laws
`(1) This part does not limit any other law under which the criminal
history of a person may be obtained, including any other part of this Act.
`(2) Also, this part is subject to the Criminal Law (Rehabilitation of
Offenders) Act 1986.
`114C Chief executive may decide to obtain criminal history
`(1) This section applies if the chief executive of a department decides,
under a directive issued for this part, that, because of the nature of
particular duties to be performed in the department, it may be necessary to
have regard to the criminal history of anyone engaged to perform those
duties to ensure the person so engaged is suitable to perform them.
`(2) When the chief executive proposes to engage a person to perform
the relevant duties, the chief executive may, under a directive issued for this
part, ask the person for written consent for the chief executive to obtain the
person's criminal history.
`(3) Subsection (2) applies to a person even if the person is a public
service employee at the time the chief executive proposes to engage the
person to perform the relevant duties.
`114D Obtaining criminal history with consent
`(1) If a person gives written consent under section 114C(2) to obtain the
person's criminal history, the chief executive may ask the commissioner of
the police service for a written report about the person's criminal history.
`(2) Subject to subsection (3), the commissioner of the police service
must give the report to the chief executive.
`(3) The duty imposed on the commissioner of the police service to
comply with the request applies only to information in the commissioner's
possession or to which the commissioner has access.
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Police Powers and Responsibilities and Other
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`114E Assessment of suitability using criminal history report and
subsequent destruction of the report
`(1) In making an assessment about the person's suitability for
engagement to perform the relevant duties after obtaining a criminal
history report about the person, the chief executive must, under a directive
issued for this part, consider the person's criminal history.
`(2) If, after making the assessment mentioned in subsection (1), the
person's criminal history report is no longer required to be kept under a
directive issued for this part, the chief executive must destroy the report
and any other document required by the directive to be destroyed.
`114F If person does not consent to obtaining criminal history
`If a person does not consent to the chief executive obtaining the
person's criminal history, the chief executive is not required to consider, or
further consider, the person for engagement to perform the relevant duties.
`114G Confidentiality
`(1) This section applies to a person who--
(a) is, or has been, a public service employee in a department or a
selection panel member; and
(b) in that capacity acquired information, or gained access to a
document, under this part about someone else's criminal history,
including, for example, a criminal history report.
`(2) The person must not disclose the information, or give access to the
document, to anyone else.
Maximum penalty--100 penalty units.
`(3) Subsection (2) does not apply to the disclosure of information, or
giving of access to a document, about a person--
(a) to a public service employee in the department or a selection
panel member, for the purpose of assessing the person's
suitability to be engaged to perform the relevant duties in relation
to which the criminal history report about the person was
obtained; or
(b) with the person's consent; or
7
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
(c) if the disclosure or giving of access is otherwise required under
an Act.
`(4) In this section--
"selection panel member" means a member of a panel formed to make a
recommendation to the chief executive of a department about
engaging a person to perform relevant duties in the department.
`114H Commissioner may issue a directive or guideline for this part
`(1) For this part, the commissioner may issue directives and guidelines
under section 34.6
`(2) Without limiting subsection (1) or section 34, a directive issued for
this part must make provision for--
(a) the circumstances in which a chief executive may decide that it is
necessary to obtain the criminal history of a person under
section 114D; and
(b) a reasonable opportunity to be given to a person to make written
representations about a criminal history report obtained about the
person before an adverse decision relating to the person is made.
`(3) In this section--
"adverse decision", relating to a person, means a decision about the
person's suitability for engagement to perform the relevant duties in
relation to which a criminal history report was obtained, other than a
decision that the person is suitable for engagement to perform the
relevant duties.'.
`47C Insertion of new pt 11, div 3
`After section 145--
insert--
`Division 3--Transitional provision for the Police Powers and
Responsibilities and Other Legislation Amendment Act 2003
6 Section 34 (Rulings of industrial relations Minister and commissioner)
8
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
`146 Chief executive may ask for consent to obtain criminal history
only if engagement is after the commencement
`The chief executive may not, under section 114C,7 ask a person for the
person's written consent to obtain a report of the person's criminal history
unless the chief executive proposes to engage the person to perform
relevant duties after the commencement of this section.'.
`47D Amendment of sch 3 (Dictionary)
`Schedule 3--
insert--
` "criminal history", for part 9A and section 146, see section 114A.
"criminal history report", for part 9A, see section 114A.
"engage", for part 9A and section 146, see section 114A.
"relevant duties", for part 9A and section 146, see section 114A.'.'.
9 Clause 50--
At page 55, lines 11 to13--
omit, insert--
` `(6) As soon as practicable after 18 months after the commencement of
this section, the Crime and Misconduct Commission must review the use of
this section.
`(7) The conduct of the review and the preparation of the report is a
function of the Crime and Misconduct Commission for the Crime and
Misconduct Act 2001.
`(8) In the course of preparing the report, the Crime and Misconduct
Commission must consult with the Minister.
`(9) The Crime and Misconduct Commission must give a copy of the
report to the Speaker for tabling in the Legislative Assembly.'.
7 Section 114C (Chief executive may decide to obtain criminal history)
9
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
10 Clause 62--
At page 62, lines 13 and 14--
omit.
11 Clause 64--
At page 63, lines 13 to 16--
omit.
12 Clause 64--
At page 63, line 18--
omit, insert--
`omit, insert--'.
13 After clause 69--
At page 65, after line 17--
insert--
`69A Amendment of s 52 (Physical possession and use of weapon
sometimes allowed for the purpose of training a minor)
`(1) Section 52(1) and (2), after `category A or B weapon'--
insert--
`or a category M crossbow'.
`(2) Section 52(2), after `category A or B weapons'--
insert--
`or category M crossbows'.'.
14 Clause 77--
At page 66, line 21, `s 185'--
omit, insert--
`ss 185186'.
10
Police Powers and Responsibilities and Other
Legislation Amendment Bill 2003
15 Clause 77--
At page 67, after line 9--
insert--
` `186 Transitional regulation-making power
`(1) A regulation (a "transitional regulation") may make provision of a
saving or transitional nature for category M crossbows for which--
(a) it is necessary to make provision to allow or facilitate the doing
of anything to achieve the transition from the operation of this
Act before the commencement of this section to the operation of
this Act after the commencement; and
(b) this Act does not make provision or sufficient provision.
`(2) A transitional regulation may have retrospective operation to a day
not earlier than the commencement.
`(3) A transitional regulation must declare it is a transitional regulation.
`(4) This section and any transitional regulation expire 1 year after the
commencement.'.'.
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