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Queensland
Police Powers and
Responsibilities and Other
Legislation Amendment Bill
2011
Queensland
Police Powers and Responsibilities and
Other Legislation Amendment Bill 2011
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Part 2 Amendment of Police Powers and Responsibilities Act 2000
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4 Amendment of s 30 (Prescribed circumstances for searching
persons without warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
5 Amendment of s 32 (Prescribed circumstances for searching
vehicle without warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6 Insertion of new s 52A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
52A Power to conduct pat-down search for ss 5052 . . . . 13
7 Amendment of s 53 (Prevention of particular offences relating to
liquor) ....................................... 14
8 Insertion of new ss 53C and 53D . . . . . . . . . . . . . . . . . . . . . . . . . 14
53C Power to conduct pat-down search of minor . . . . . . . 14
53D Disposal of liquor seized under s 53 or 53C. . . . . . . . 15
9 Insertion of new s 101A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
101A Definitions for sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 16
10 Amendment of s 102 (Community service instead of impounding
or forfeiture order). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
11 Insertion of new ss 102A102C . . . . . . . . . . . . . . . . . . . . . . . . . . 17
102A Applying Penalties and Sentences Act 1992 . . . . . . . 17
102B Deemed fine option order to be explained . . . . . . . . . 18
102C Revoking deemed fine option order . . . . . . . . . . . . . . 19
12 Amendment of s 118 (Sale of motor vehicle if not recovered after
impounding ends). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
13 Amendment of s 121 (Application of proceeds of sale) . . . . . . . . 20
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Contents
14 Amendment of s 126 (Steps after seizing a vehicle, load or other
thing) ......................................... 20
15 Amendment of s 127 (Disposal of seized or moved vehicle, load
or other thing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16 Amendment of s 139 (Steps after seizing animal) . . . . . . . . . . . . 21
17 Amendment of s 140 (Recovery of seized animal). . . . . . . . . . . . 21
18 Amendment of s 147 (Powers to provide relief to animal) . . . . . . 21
19 Amendment of s 212 (Covert search warrant applications) . . . . . 22
20 Insertion of new s 220A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
220A Definitions for ch 10 . . . . . . . . . . . . . . . . . . . . . . . . . . 22
21 Amendment of s 223 (Lawfulness of particular actions). . . . . . . . 23
22 Amendment of s 224 (Authorised controlled activities) . . . . . . . . 23
23 Insertion of new s 224A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
224A Authorised ancillary conduct for a controlled activity . 23
24 Amendment of s 225 (Protection from liability). . . . . . . . . . . . . . . 24
25 Amendment of s 226 (Admissibility of evidence obtained through
controlled activities) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
26 Amendment of s 227 (Evidentiary provision) . . . . . . . . . . . . . . . . 25
27 Insertion of new s 282A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
282A Application to use multiple assumed identities
recorded in motor vehicle register . . . . . . . . . . . . . . . 25
28 Amendment of s 328 (Application for surveillance device
warrant) ................................... 26
29 Amendment of s 332 (What a surveillance device warrant
authorises) ...................................... 26
30 Amendment of s 365 (Arrest without warrant) . . . . . . . . . . . . . . . 27
31 Amendment of s 382 (Notice to appear may be issued for
offence) ...................................... 27
32 Insertion of new s 388A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
388A Extension of notice to appear. . . . . . . . . . . . . . . . . . . 28
33 Amendment of s 389 (Court may order immediate arrest of
person who fails to appear) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
34 Insertion of new s 397A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
397A Responsibility of police officer . . . . . . . . . . . . . . . . . . 29
35 Insertion of new 405A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
405A Responsibility relating to notification and response to
application under s 405 . . . . . . . . . . . . . . . . . . . . . . . 30
36 Insertion of new s 415A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Contents
415A Responsibility relating to asking relevant persons to
attend for questioning . . . . . . . . . . . . . . . . . . . . . . . . . 31
37 Amendment of s 417 (Questioning of person after proceeding
started) ..................................... 32
38 Amendment of s 418 (Right to communicate with friend, relative
or lawyer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
39 Insertion of new ss 418A and 418B . . . . . . . . . . . . . . . . . . . . . . . 33
418A Responsibility relating to right to communicate with
friend or relative and lawyer . . . . . . . . . . . . . . . . . . . . 33
418B Responsibility relating to ensuring support persons
understand role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
40 Insertion of new s 420A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
420A Responsibility relating to questioning of Aboriginal
people and Torres Strait Islanders . . . . . . . . . . . . . . . 35
41 Insertion of new ss 431A and 431B . . . . . . . . . . . . . . . . . . . . . . . 36
431A Responsibility relating to cautioning relevant persons
about the right to silence . . . . . . . . . . . . . . . . . . . . . . 37
431B Responsibility relating to establishing identity of
relative, friend or lawyer . . . . . . . . . . . . . . . . . . . . . . . 37
42 Insertion of new s 432A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
432A Responsibility relating to right to interpreter . . . . . . . . 38
43 Amendment of s 433 (Right to interpreter) . . . . . . . . . . . . . . . . . . 39
44 Insertion of new s 433A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
433A Responsibility relating to right of visiting foreign
national to communicate with embassy . . . . . . . . . . . 39
45 Amendment of s 435 (Rights of a person to be electronically
recorded) ....................................... 40
46 Insertion of new s 437A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
437A Responsibility relating to procedure for reading back
a written record. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
47 Insertion of new ch 15A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
Chapter 15A Identification powers for persons in custody
Part 1 General requirements for witness identification
441A Management of witnesses during identification
procedure .............................. 42
Part 2 Identification parades
441B Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
441C Recording of identification parade . . . . . . . . . . . . . . . 43
441D Explanation of procedure . . . . . . . . . . . . . . . . . . . . . . 43
441E Identification parade conditions . . . . . . . . . . . . . . . . . 44
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Contents
441F Conducting the identification parade . . . . . . . . . . . . . 44
441G Use of suitable persons in the identification parade . . 45
Part 3 Identification using photographs
441H General requirements for identification using
photographs ........................... 45
441I Conducting a photoboard identification . . . . . . . . . . . 45
48 Amendment of s 443 (Police officer may search person in
custody) ..................................... 46
49 Amendment of s 445 (Who are qualified persons) . . . . . . . . . . . . 46
50 Amendment of s 448 (What pt 2 provides) . . . . . . . . . . . . . . . . . . 46
51 Amendment of s 454 (General requirements for giving informed
forensic procedure consent) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
52 Amendment of s 457 (Application of pt 3) . . . . . . . . . . . . . . . . . . 47
53 Amendment of s 460 (When notice of application need not be
given etc.) ................................. 47
54 Amendment of s 463 (When forensic procedure order ends). . . . 48
55 Insertion of new s 466A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
466A Qualified person need not comply with forensic
procedure order in particular circumstances . . . . . . . 48
56 Amendment of s 471 (Court may order taking of identifying
particulars) .................................. 49
57 Amendment of s 477 (Where DNA sample may be taken). . . . . . 49
58 Amendment of s 478 (How DNA samples may be taken) . . . . . . 50
59 Amendment of s 479 (Use of DNA analysis of DNA sample
taken from child under 14) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
60 Amendment of s 484 (Taking DNA sample from adult before
court) ....................................... 51
61 Insertion of new s 487A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
487A Taking DNA sample from person subject to interstate
parole order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
62 Insertion of new ch 17, pt 5, div 3A . . . . . . . . . . . . . . . . . . . . . . . 53
Division 3A Taking DNA samples from children to
investigate or prosecute particular sexual
offences
488B Meaning of child DNA sampling offence. . . . . . . . . . . 53
488C Meaning of parent . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
488D Application of div 3A. . . . . . . . . . . . . . . . . . . . . . . . . . 54
488E Application for DNA sample order . . . . . . . . . . . . . . . 54
488F Notice of application to be given. . . . . . . . . . . . . . . . . 55
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Contents
488G Making DNA sample order . . . . . . . . . . . . . . . . . . . . . 56
488H Provisions of DNA sample order . . . . . . . . . . . . . . . . 57
488I Powers for enforcing DNA sample order . . . . . . . . . . 58
488J Procedure before entry. . . . . . . . . . . . . . . . . . . . . . . . 58
488K Use of DNA sample . . . . . . . . . . . . . . . . . . . . . . . . . . 59
488L Obstruction of police officer enforcing DNA sample
order .............................. 59
63 Amendment of s 489 (Power to analyse etc. DNA samples) . . . . 60
64 Amendment of s 490 (When DNA sample taken from suspected
person and results must be destroyed) . . . . . . . . . . . . . . . . . . . . 60
65 Insertion of new s 490B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
490B When DNA sample taken from child in particular
circumstances must be destroyed . . . . . . . . . . . . . . . 61
66 Amendment of ch 17, pt 7, hdg (Forensic procedures performed
by doctors and dentists) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
67 Amendment of s 501 (Application of pt 7) . . . . . . . . . . . . . . . . . . 62
68 Amendment of s 502 (When doctor or dentist may be asked to
perform forensic procedure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
69 Amendment of s 503 (What person must be told before doctor or
dentist performs a forensic procedure). . . . . . . . . . . . . . . . . . . . . 62
70 Amendment of s 509 (Doctor's powers) . . . . . . . . . . . . . . . . . . . . 62
71 Amendment of s 511 (Samples and results of analysis to be
given to person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
72 Amendment of s 517 (Help with, and use of force for, performing
forensic procedure). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
73 Amendment of s 526 (Unlawful supply of destroyable DNA
sample) .................................... 64
74 Amendment of s 530 (Unlawful recording of identifying
information on QDNA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
75 Amendment of s 531 (Unlawful retention of results of DNA
analysis in QDNA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
76 Amendment of ch 18, hdg (Blood and urine testing of persons
suspected of committing sexual or other serious assault
offences) ................................... 64
77 Amendment of s 537 (Purpose of ch 18) . . . . . . . . . . . . . . . . . . . 65
78 Amendment of s 538 (Application of ch 18) . . . . . . . . . . . . . . . . . 65
79 Amendment of s 540 (Application for order for blood and urine
testing of person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
80 Amendment of s 542 (Disease test order) . . . . . . . . . . . . . . . . . . 66
81 Amendment of s 577 (Complaint about noise) . . . . . . . . . . . . . . . 67
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Contents
82 Amendment of s 581 (Powers of police officer to deal with
excessive noise) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
83 Insertion of new s 581A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
581A Powers of police officer to deal with excessive
noise--extended noise abatement direction . . . . . . . 67
84 Amendment of s 582 (Compliance with noise abatement
direction) ..................................... 69
85 Amendment of s 583 (Additional powers of police officers on
later investigation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
86 Amendment of s 609 (Entry of place to prevent offence, injury or
domestic violence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
87 Insertion of new s 619A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
619A Powers relating to persons in holding cells at police
stations .......................... 71
88 Amendment of s 629 (Removal of clothing for search). . . . . . . . . 71
89 Amendment of s 636 (Police officer to give notice of damage) . . 72
90 Amendment of s 637 (Supplying police officer's details) . . . . . . . 72
91 Amendment of s 653 (Power to use force--transfer etc. of
person in custody to or from court cell or other place) . . . . . . . . . 73
92 Amendment of s 659 (Custody continues while person in
custody is being transferred or escorted by watch-house
officer) ...................................... 74
93 Insertion of new s 688A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
688A Functions of property officer. . . . . . . . . . . . . . . . . . . . 74
94 Amendment of s 718 (Order for forfeiture of particular relevant
things) ...................................... 75
95 Amendment of s 719 (Order for forfeiture of relevant things
connected with offences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
96 Amendment of s 783 (Sale of motor vehicle if not recovered after
impounding ends). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
97 Amendment of s 786 (Application of proceeds of sale) . . . . . . . . 77
98 Amendment of s 790 (Offence to assault or obstruct police
officer) ..................................... 77
99 Insertion of new s 864A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
864A Declaratory provision for Transport and Other
Legislation Amendment Act 2008. . . . . . . . . . . . . . . . 77
100 Insertion of new ch 24, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Part 11 Transitional provisions for Police Powers and
Responsibilities and Other Legislation
Amendment Act 2011
866 Definition for pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Contents
867 Continued application of existing ch 18, pt 2 . . . . . . . 78
868 Amendment of regulation by amending Act does not
affect powers of Governor in Council . . . . . . . . . . . . . 78
101 Amendment of sch 5 (Additional controlled activity offences) . . . 79
102 Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 79
Part 3 Amendment of Police Powers and Responsibilities
Regulation 2000
103 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
104 Insertion of new pt 2A, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 4 Other matters
8MA Qualifications prescribed for forensic nurse
examiners ........................... 82
8MB Standard prescribed for forensic laboratories. . . . . . . 82
105 Omission of s 16 (Responsibilities code) . . . . . . . . . . . . . . . . . . . 83
106 Replacement of pt 4 (Transitional regulations for relevant
offences for surveillance device warrants) . . . . . . . . . . . . . . . . . . 83
Part 4 Provisions about search warrants, obtaining
documents, and crime scenes
Division 1 Search warrants
17 Search warrant application--Act, s 150(5)(b) and (c) 83
18 Statement to accompany copy of search
warrant--Act, s 158(3) . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 2 Post-search approval
19 Post-search approval application--Act, s 161(2)(c) . . 86
20 Report about post-search approval application . . . . . 87
Division 3 Crime scenes
21 Crime scene warrant application--Act, s 170(2)(c) . . 87
22 Application for extension of crime scene
warrant--Act, s 173(3) . . . . . . . . . . . . . . . . . . . . . . . . 88
23 Statement to accompany copy of crime scene
warrant--Act, s 175(3) . . . . . . . . . . . . . . . . . . . . . . . . 89
Division 4 Production notices
24 Production notice application--Act, s 180(3)(b)
and (c) ............................... 89
25 Access order application--Act, s 185(3) . . . . . . . . . . 91
Division 5 Production orders
26 Production order application--Act, s 189(3)(b)
and (c) .............................. 91
Part 5 Covert evidence gathering powers
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Contents
Division 1 Monitoring orders and suspension orders
27 Monitoring order and suspension order
application--Act, ss 199(2)(b) and 205(2)(b) . . . . . . . 93
Division 2 Use of surveillance devices under surveillance
warrants
28 Security of facilities used under a surveillance device
warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
Division 3 Covert searches
29 Covert search warrant application--Act, s 212(2)(b)
and (c) .................................. 95
30 Application for extension of covert search
warrant--Act, s 217(3) . . . . . . . . . . . . . . . . . . . . . . . . 97
31 Report on covert search--Act, s 220(3) . . . . . . . . . . . 97
Part 6 Arrest and custody powers
32 Application for order to take DNA sample from
child--Act, s 488 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
33 Disease test order application--Act, s 540(3)(c) . . . . 99
Part 7 Investigations and questioning for indictable
offences
34 Removal order application--Act, s 399(4)(c) . . . . . . . 100
35 Application for extension of detention period--Act,
s 405(2) ............................... 101
Part 8 The register
36 Searches of persons . . . . . . . . . . . . . . . . . . . . . . . . . 102
37 Searches of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . 102
38 Searches of places other than vehicles . . . . . . . . . . . 103
39 Arrests and detentions . . . . . . . . . . . . . . . . . . . . . . . . 103
40 Search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
41 Production notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
42 Production orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
43 Things seized other than during a search . . . . . . . . . 106
44 Directions given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
45 Exclusions of support persons from questioning . . . . 106
46 Monitoring orders and suspension orders . . . . . . . . . 107
Part 9 Dealing with things in the possession of police
service
47 Receipt for seized property--Act, s 622(4) . . . . . . . . 108
48 Order after property seized--Act, s 694(3) or 695(4). 108
107 Omission of sch 10 (Responsibilities code) . . . . . . . . . . . . . . . . . 109
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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Part 4 Amendment of Evidence Act 1977
108 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
109 Amendment of s 95A (DNA evidentiary certificate) . . . . . . . . . . . 109
110 Amendment of s 133A (DNA analysts). . . . . . . . . . . . . . . . . . . . . 110
Part 5 Amendment of State Penalties Enforcement Act 1999
111 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
112 Amendment of s 34 (Default in paying fine, penalty or other
amount under court order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Part 6 Minor and consequential amendments
113 Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Schedule Legislation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Justices Act 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 113
Police Powers and Responsibilities Regulation 2000 . . . . . . . . . . 130
Page 9
2011
A Bill
for
An Act to amend the Police Powers and Responsibilities Act
2000, the Police Powers and Responsibilities Regulation 2000,
the Evidence Act 1977 and the State Penalties Enforcement Act
1999 for particular purposes, and to make minor and
consequential amendments to the legislation mentioned in the
schedule
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Police Powers and 4
Responsibilities and Other Legislation Amendment Act 2011. 5
Clause 2 Commencement 6
(1) Sections 9 to 11 and part 5 commence on a day to be fixed by 7
proclamation. 8
(2) The rest of this Act commences on the day that is 3 months 9
after the date of assent. 10
Part 2 Amendment of Police Powers 11
and Responsibilities Act 2000 12
Clause 3 Act amended 13
This part amends the Police Powers and Responsibilities Act 14
2000. 15
Note-- 16
See also the schedule. 17
Clause 4 Amendment of s 30 (Prescribed circumstances for 18
searching persons without warrant) 19
Section 30(c), from `an implement'-- 20
omit, insert-- 21
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 5]
`an implement-- 1
(i) of housebreaking; or 2
(ii) for unlawfully using or stealing a vehicle; or 3
(iii) for the administration, consumption or smoking of a 4
dangerous drug;'. 5
Clause 5 Amendment of s 32 (Prescribed circumstances for 6
searching vehicle without warrant) 7
Section 32(f), from `an implement'-- 8
omit, insert-- 9
`an implement-- 10
(i) of housebreaking; or 11
(ii) for unlawfully using or stealing a vehicle; or 12
(iii) for the administration, consumption or smoking of 13
a dangerous drug; or'. 14
Clause 6 Insertion of new s 52A 15
After section 52-- 16
insert-- 17
`52A Power to conduct pat-down search for ss 5052 18
`(1) This section applies if a person is detained as a result of steps 19
taken lawfully by a police officer under section 50, 51 or 52. 20
`(2) A police officer may, without a warrant-- 21
(a) conduct a pat-down search of the person; and 22
(b) search any personal property in the person's possession. 23
Note-- 24
See chapter 20, part 3 for safeguards. 25
`(3) A police officer may seize from the person anything found 26
that the police officer reasonably suspects may provide 27
evidence of the commission of an offence. 28
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`(4) Also, the police officer may take and retain, while the person 1
is detained as mentioned in subsection (1), anything that may 2
ordinarily be used-- 3
(a) to endanger the safety of a person, including the person 4
detained or the police officer; or 5
(b) for an escape. 6
`(5) If a thing is taken from the person under subsection (4), the 7
thing must be returned to the person on his or her release from 8
the detention mentioned in subsection (1). 9
`(6) This section does not limit a police officer's powers under 10
sections 50 to 52.'. 11
Clause 7 Amendment of s 53 (Prevention of particular offences 12
relating to liquor) 13
(1) Section 53(3) and (4)-- 14
omit. 15
(2) Section 53(5), `(2A)'-- 16
omit, insert-- 17
`(3)'. 18
(3) Section 53(2A) to (6)-- 19
renumber as section 53(3) to (5). 20
Clause 8 Insertion of new ss 53C and 53D 21
Chapter 2, part 6-- 22
insert-- 23
`53C Power to conduct pat-down search of minor 24
`(1) This section applies if-- 25
(a) a police officer reasonably suspects a minor has 26
committed, is committing or is about to commit an 27
offence against the Liquor Act 1992, section 157(2); and 28
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[s 8]
(b) the police officer reasonably suspects the minor is in 1
possession of liquor that-- 2
(i) relates to, is contributing to, or is likely to 3
contribute to, the commission of the offence by the 4
minor; and 5
(ii) can not be seized under section 53(2) or (3) 6
without a search of the minor being conducted. 7
`(2) The police officer may, without a warrant-- 8
(a) stop and detain the minor; and 9
(b) conduct a pat-down search of the minor, and a search of 10
any personal property in the minor's possession, for 11
liquor. 12
`(3) The police officer may seize any liquor found in the minor's 13
possession that the police officer reasonably suspects relates 14
to, is contributing to, or is likely to contribute to, the 15
commission by the minor of an offence mentioned in 16
subsection (1)(a). 17
`(4) This section does not limit a police officer's powers under 18
section 53, 53A or 53B. 19
`(5) In this section-- 20
liquor has the meaning given under section 53. 21
`53D Disposal of liquor seized under s 53 or 53C 22
`(1) This section applies if a police officer seizes a thing under 23
section 53(2) or (3) or 53C(3). 24
`(2) A police officer may dispose of the thing in the way the police 25
officer considers reasonably necessary to prevent the 26
commission, continuation or repetition of the offence. 27
Example of disposing of a thing seized under section 53(2)-- 28
The police officer may empty an opened can of beer found by the police 29
officer being consumed by a person in contravention of a provision 30
mentioned in section 53(1) or an unopened can of beer likely to be 31
consumed in contravention of a provision mentioned in section 53(1). 32
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`(3) The thing is taken to have been forfeited to the State 1
immediately after the police officer seizes it. 2
`(4) Chapter 21, part 2, division 3 and chapter 21, part 3 do not 3
apply to the thing.'. 4
Clause 9 Insertion of new s 101A 5
Chapter 4, part 5, division 4, subdivision 1-- 6
insert-- 7
`101A Definitions for sdiv 1 8
`In this subdivision-- 9
applied section see section 102A(1). 10
deemed fine option order see section 102(2). 11
non-performance amount means an amount that is not more 12
than the equivalent of 1/5 of a penalty unit.'. 13
Clause 10 Amendment of s 102 (Community service instead of 14
impounding or forfeiture order) 15
(1) Section 102(2), `order the driver to perform not more than 240 16
hours'-- 17
omit, insert-- 18
`make an order (a deemed fine option order) requiring the 19
driver to perform a stated number of hours of'. 20
(2) Section 102-- 21
insert-- 22
`(2A) The number of hours stated in the order must, in the opinion 23
of the court, satisfy the justice of the case but may not be more 24
than 240 hours. 25
`(2B) The order must state a non-performance amount for each hour 26
of community service that is not performed under the order.'. 27
(3) Section 102(3), `An order' -- 28
omit, insert-- 29
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[s 11]
`A deemed fine option order'. 1
(4) Section 102(2A) to (3)-- 2
renumber as section 102(3) to (5). 3
Clause 11 Insertion of new ss 102A102C 4
Chapter 4, part 5, division 4, subdivision 1-- 5
insert-- 6
`102A Applying Penalties and Sentences Act 1992 7
`(1) For section 102(5)(a), the following provisions of the 8
Penalties and Sentences Act 1992 (each an applied section) 9
apply-- 10
(a) section 64 other than paragraph (c)(ii) and (iii); 11
(b) section 66; 12
(c) section 67; 13
(d) section 71; 14
(e) section 79; 15
(f) section 81 other than the following-- 16
(i) subsection (1)(a)(iii); 17
(ii) subsection (2) to the extent it requires notice to be 18
given to the director of public prosecutions or the 19
prosecutor before the court; 20
(iii) subsection (3) to the extent it requires notice to be 21
given to the director of public prosecutions; 22
(iv) subsection (4); 23
(v) subsection (5); 24
(g) section 84 other than subsection (1)(c) and (2)(a); 25
(h) section 88(1)(a) and (e) to the extent paragraph (e) refers 26
to section 74. 27
`(2) However, a reference in an applied section to-- 28
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[s 11]
(a) a fine is taken to be a reference to the amount worked 1
out by multiplying the number of hours of community 2
service not performed under a deemed fine option order 3
by the non-performance amount stated in the order; and 4
(b) a fine option order is taken to be a reference to a deemed 5
fine option order; and 6
(c) the court or proper officer of the court is taken to be a 7
reference to the court that made a deemed fine option 8
order; and 9
(d) an offender or the offender is taken to be a reference to 10
the driver. 11
`(3) Also, a reference in applied section 66(3) or 71 to a fine 12
option order includes a reference to a fine option order made 13
under the Penalties and Sentences Act 1992, section 60(1)(a). 14
Example-- 15
A court makes a fine option order for an offender (the relevant person) 16
under the Penalties and Sentences Act 1992, section 60(1)(a). On the 17
same day, the same court makes a deemed fine option order against the 18
relevant person under section 102(2) of this Act. A direction given under 19
the Penalties and Sentences Act 1992, section 66(1)(b)(ii) applies to 20
both the fine option order and the deemed fine option order made 21
against the relevant person. 22
`(4) In addition, a reference in applied section 79(c) to is no longer 23
willing to comply with the order includes a reference to is 24
contravening, or has contravened, a deemed fine option order. 25
`102B Deemed fine option order to be explained 26
`(1) If the relevant court makes a deemed fine option order against 27
the driver, the court must explain, or cause to be explained, to 28
the driver-- 29
(a) the purpose and effect of the order; and 30
(b) what may follow if the driver fails to comply with the 31
order. 32
`(2) The explanation must be made in language or in a way likely 33
to be readily understood by the driver. 34
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`102C Revoking deemed fine option order 1
`(1) If a deemed fine option order is revoked under applied section 2
79, the revocation order must order that the driver pay the 3
amount worked out by multiplying-- 4
(a) the number of hours of community service not 5
performed under the deemed fine option order; and 6
(b) the non-performance amount stated in the deemed fine 7
option order. 8
`(2) The amount ordered to be paid under the revocation order is 9
taken to be a fine under the Penalties and Sentences Act 1992. 10
Note-- 11
See also the Acts Interpretation Act 1954, section 43, which applies to 12
amounts recovered because of the imposition of a penalty. 13
`(3) In this section-- 14
revocation order means the order revoking the deemed fine 15
option order under applied section 79.'. 16
Clause 12 Amendment of s 118 (Sale of motor vehicle if not 17
recovered after impounding ends) 18
(1) Section 118(3)-- 19
omit, insert-- 20
`(3) For subsection (2)-- 21
(a) the motor vehicle and anything in or on it is taken to 22
have been forfeited to the State; and 23
(b) any right of a person to take possession of the motor 24
vehicle, under a security interest registered under the 25
Motor Vehicles and Boats Securities Act 1986, is 26
extinguished.'. 27
(2) Section 118(4), from `but may' to `website'-- 28
omit. 29
(3) Section 118-- 30
insert-- 31
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[s 13]
`(4A) The advertisement mentioned in subsection (4) must include a 1
statement that a description of the vehicle and anything in or 2
on it is published on the QPS website. 3
`(4B) Also, the commissioner must ensure that the description 4
mentioned in subsection (4A) is published on the QPS 5
website.'. 6
Clause 13 Amendment of s 121 (Application of proceeds of sale) 7
(1) Section 121(2)(d) and (e)-- 8
renumber as section 121(2)(e) and (f). 9
(2) Section 121(2)-- 10
insert-- 11
`(d) if the owner is an enforcement debtor for an 12
enforcement order under the State Penalties 13
Enforcement Act 1999 and has taken no action under 14
section 41 of that Act--in payment to SPER of the 15
amount stated in the enforcement order;'. 16
Clause 14 Amendment of s 126 (Steps after seizing a vehicle, load 17
or other thing) 18
Section 126, after subsection (3)-- 19
insert-- 20
`(3AA) The advertisement mentioned in subsection (3) must include a 21
statement that a description of the vehicle, load or other thing 22
is published on the QPS website. 23
`(3AB) Also, the commissioner must ensure that the description 24
mentioned in subsection (3AA) is published on the QPS 25
website.'. 26
Clause 15 Amendment of s 127 (Disposal of seized or moved 27
vehicle, load or other thing) 28
Section 127-- 29
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[s 16]
insert-- 1
`(3) The advertisement mentioned in subsection (2) must include a 2
statement that a description of the vehicle, load or other thing 3
is published on the QPS website. 4
`(4) Also, the commissioner must ensure that the description 5
mentioned in subsection (3) is published on the QPS 6
website.'. 7
Clause 16 Amendment of s 139 (Steps after seizing animal) 8
Section 139-- 9
insert-- 10
`(3A) The advertisement mentioned in subsection (3) must include a 11
statement that a description of the animal is published on the 12
QPS website. 13
`(3B) Also, the commissioner must ensure that the description 14
mentioned in subsection (3A) is published on the QPS 15
website.'. 16
Clause 17 Amendment of s 140 (Recovery of seized animal) 17
Section 140-- 18
insert-- 19
`(3) The advertisement mentioned in subsection (2) must include a 20
statement that a description of the animal and anything in or 21
on it is published on the QPS website. 22
`(4) Also, the commissioner must ensure that the description 23
mentioned in subsection (3) is published on the QPS 24
website.'. 25
Clause 18 Amendment of s 147 (Powers to provide relief to animal) 26
(1) Section 147-- 27
insert-- 28
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[s 19]
`(3A) However, subsection (3) does not apply if, in all the 1
circumstances, it is not reasonably practicable to leave the 2
notice. 3
Example of circumstances in which it might not be reasonably practicable 4
to leave the notice-- 5
The animal is in a remote location and the police officer would have to 6
travel a long distance to leave the notice.'. 7
(2) Section 147(5), `subsection (4)'-- 8
omit, insert-- 9
`subsection (5)'. 10
(3) Section 147(3A) to (6)-- 11
renumber as section 147(4) to (7). 12
Clause 19 Amendment of s 212 (Covert search warrant applications) 13
Section 212(2)-- 14
insert-- 15
`(c) if reasonably practicable, be made with the help of a 16
lawyer approved by the commissioner.'. 17
Clause 20 Insertion of new s 220A 18
Chapter 10-- 19
insert-- 20
`220A Definitions for ch 10 21
`In this chapter-- 22
ancillary conduct, for a controlled activity authorised under 23
section 224-- 24
(a) means conduct that amounts to-- 25
(i) aiding or enabling a police officer to commit a 26
controlled activity offence; or 27
(ii) conspiring with a police officer for the police 28
officer to commit a controlled activity offence; but 29
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[s 21]
(b) does not include conduct that amounts to actually doing 1
an act or making an omission that constitutes a 2
controlled activity offence. 3
civilian participant means an adult who is not a police 4
officer.'. 5
Clause 21 Amendment of s 223 (Lawfulness of particular actions) 6
Section 223-- 7
insert-- 8
`(c) that it is lawful for a police officer of at least the rank of 9
chief superintendent, acting in accordance with policies 10
or procedures established by the commissioner, to 11
authorise a civilian participant to engage in ancillary 12
conduct for a controlled activity authorised under 13
section 224, for the police service; and 14
`(d) that it is lawful for a person acting under an authority 15
given under section 224A to engage in ancillary conduct 16
for a controlled activity in accordance with the authority 17
and policies or procedures established by the 18
commissioner.'. 19
Clause 22 Amendment of s 224 (Authorised controlled activities) 20
Section 224(1)(b)(i), from `meetings', first mention-- 21
omit, insert-- 22
`written or oral communications between the police officer 23
and a person;'. 24
Clause 23 Insertion of new s 224A 25
After section 224-- 26
insert-- 27
`224A Authorised ancillary conduct for a controlled activity 28
`(1) This section applies if -- 29
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[s 24]
(a) section 224(1) applies; and 1
(b) a police officer considers it is reasonably necessary for a 2
civilian participant to engage in ancillary conduct for a 3
controlled activity authorised, or to be authorised, under 4
section 224. 5
`(2) A police officer of at least the rank of chief superintendent (a 6
senior police officer) may, in accordance with any policy or 7
procedure of the police service, authorise the civilian 8
participant to engage in ancillary conduct for the controlled 9
activity. 10
`(3) However, the senior police officer may authorise the civilian 11
participant to engage in the ancillary conduct only if, having 12
regard to the nature and extent of the controlled activity to be 13
authorised under section 224, authorising the ancillary 14
conduct is appropriate in the particular circumstances. 15
`(4) The authority must be written and state-- 16
(a) the controlled activity a police officer is authorised to 17
engage in under section 224; and 18
(b) details of the ancillary conduct for the controlled 19
activity authorised under section 224 that the civilian 20
participant is authorised to engage in; and 21
(c) the period, of not more than 7 days, for which the 22
authority is in force. 23
`(5) A civilian participant authorised to engage in ancillary 24
conduct for a controlled activity must-- 25
(a) act under the lawful instructions of a police officer in 26
engaging in the ancillary conduct; and 27
(b) comply with a policy or procedure established by the 28
commissioner relevant to the authority.'. 29
Clause 24 Amendment of s 225 (Protection from liability) 30
Section 225(1)-- 31
insert-- 32
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[s 25]
`(c) a person who authorised, under section 224A, ancillary 1
conduct for a controlled activity; 2
(d) a person who is or was authorised, under section 224A, 3
to engage in ancillary conduct for a controlled activity.'. 4
Clause 25 Amendment of s 226 (Admissibility of evidence obtained 5
through controlled activities) 6
Section 226, after `controlled activity'-- 7
insert-- 8
`, or ancillary conduct for a controlled activity,'. 9
Clause 26 Amendment of s 227 (Evidentiary provision) 10
Section 227, after `controlled activity'-- 11
insert-- 12
`, or ancillary conduct for a controlled activity,'. 13
Clause 27 Insertion of new s 282A 14
After section 282-- 15
insert-- 16
`282A Application to use multiple assumed identities 17
recorded in motor vehicle register 18
`(1) The purpose of this section is to allow a law enforcement 19
officer who has acquired an assumed identity to represent that 20
another assumed identity that is recorded in a motor vehicle 21
register as the registered owner of a motor vehicle is real when 22
it is not. 23
`(2) An application under section 282(1) may include an 24
application for the law enforcement officer to use 1 or more 25
assumed identities that are recorded in a motor vehicle 26
register as the registered owner of a motor vehicle. 27
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 28]
`(3) This chapter applies to an application under section 282(1) 1
that includes an application mentioned in subsection (2) with 2
any necessary modifications. 3
`(4) This section applies despite section 282(2). 4
`(5) In this section-- 5
motor vehicle register means a register kept by the chief 6
executive of a law enforcement agency that records-- 7
(a) the details, including the registration details, of motor 8
vehicles that have been acquired by the law enforcement 9
agency for investigations and intelligence gathering in 10
relation to criminal activity; and 11
(b) the assumed identities that have been nominated as the 12
registered owners of the motor vehicles mentioned in 13
paragraph (a). 14
use, an assumed identity, means represent, whether expressly 15
or impliedly, or by saying or doing something, that the 16
identity is real when it is not.'. 17
Clause 28 Amendment of s 328 (Application for surveillance device 18
warrant) 19
(1) Section 328-- 20
insert-- 21
`(8A) The application must, if reasonably practicable, be made with 22
the help of a lawyer approved by the commissioner.'. 23
(2) Section 328(8A) and (9)-- 24
renumber as section 328(9) and (10). 25
Clause 29 Amendment of s 332 (What a surveillance device warrant 26
authorises) 27
(1) Section 332(2)(a)(ii)-- 28
renumber as section 332(2)(a)(iii). 29
(2) Section 332(2)(a)-- 30
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[s 30]
insert-- 1
`(ii) any act that is preparatory to, and reasonably 2
necessary for, the installation of the surveillance 3
device mentioned in subparagraph (i); and 4
Example of an act for subparagraph (ii)-- 5
taking photographs or video images inside the stated 6
premises before the installation of the surveillance 7
device'. 8
(3) Section 332(2)(a)(iii), as renumbered, after `subparagraph 9
(i)'-- 10
insert-- 11
`or (ii)'. 12
(4) Section 332(3)-- 13
insert-- 14
`(ba) the temporary removal of a vehicle from premises for 15
the purpose of the installation, maintenance or retrieval 16
of the surveillance device or enhancement equipment 17
and the return of the vehicle to the premises; and'. 18
Clause 30 Amendment of s 365 (Arrest without warrant) 19
Section 365(1)(g)-- 20
insert-- 21
`Example-- 22
to preserve the safety or welfare of a person found drunk in a 23
public place 24
Note-- 25
See section 378 (Additional case when arrest for being drunk in a 26
public place may be discontinued).'. 27
Clause 31 Amendment of s 382 (Notice to appear may be issued for 28
offence) 29
(1) Section 382(4), `section 56(2)(a) or (b)'-- 30
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 32]
omit, insert-- 1
`section 56(1)(a), (2)(a) or (b)'. 2
(2) Section 382(4), note-- 3
omit, insert-- 4
`Note-- 5
· The Justices Act 1886, section 56(1)(a) authorises service in some 6
cases at an address of a place of residence or business. 7
· The Justices Act 1886, section 56(2)(a) and (b) authorises service in 8
some cases at an address stated in a driver licence or a current 9
certificate of registration for a motor vehicle.'. 10
Clause 32 Insertion of new s 388A 11
After section 388-- 12
insert-- 13
`388A Extension of notice to appear 14
`(1) This section applies if-- 15
(a) a person on whom a notice to appear has been served 16
appears before a court in response to the notice; and 17
(b) the court adjourns the proceeding against the person. 18
`(2) The court may-- 19
(a) grant the person bail, or permit the person to go at large, 20
under the Bail Act 1980; or 21
(b) extend the notice to appear issued to the person. 22
`(3) If the court extends the notice to appear issued to the person, 23
the person is required to appear before the court at the date, 24
time and place to which the proceeding is adjourned. 25
`(4) The clerk of the court must, as soon as practicable after an 26
extension of the notice to appear, give written notice to the 27
person stating the date, time and place to which the 28
proceeding is adjourned. 29
`(5) A failure by the clerk of the court to comply with subsection 30
(4) does not affect the court's powers under section 389 if the 31
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 33]
person fails to appear before the court at the date, time and 1
place to which the proceeding is adjourned. 2
`(6) The notice to appear may be extended more than once.'. 3
Clause 33 Amendment of s 389 (Court may order immediate arrest 4
of person who fails to appear) 5
(1) Section 389, heading-- 6
omit, insert-- 7
`389 Powers of court if person fails to appear'. 8
(2) Section 389(1), after `served on the person,'-- 9
insert-- 10
`including a notice to appear extended under section 388A,'. 11
(3) Section 389(1)-- 12
insert-- 13
`(c) deal with and decide the complaint under the Justices 14
Act 1886, section 142A.'. 15
(4) Section 389-- 16
insert-- 17
`(1A) For subsection (1)(c)-- 18
(a) section 142A(4)(b) and (c) and (14) of that Act does not 19
apply; and 20
(b) the rest of section 142A of that Act applies with any 21
necessary modifications.'. 22
Clause 34 Insertion of new s 397A 23
Chapter 15, part 1, division 2-- 24
insert-- 25
`397A Responsibility of police officer 26
`(1) This section applies if a person, the person's lawyer or 27
someone whose presence is required during questioning of a 28
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 35]
person indicates to a police officer questioning or intending to 1
question the person-- 2
(a) if questioning has not started--the person does not want 3
to answer questions; or 4
(b) if questioning has started--the person does not want to 5
answer any further questions. 6
`(2) The police officer must clarify the person's intention to 7
exercise his or her right to silence by asking the person-- 8
(a) whether the person does not want to answer any 9
questions generally or only questions about the offence 10
for which the person is being questioned; and 11
(b) if any further question was asked relating to the offence 12
or another offence, whether the person would not 13
answer the question. 14
`(3) If the person confirms that he or she does not want to answer 15
any questions, the police officer must not question or continue 16
to question the person. 17
`(4) However, if the person later indicates he or she is prepared to 18
answer questions, a police officer must, before questioning or 19
continuing to question the person, ask the person-- 20
(a) why he or she has decided to answer questions; and 21
(b) if a police officer or someone else in authority has told 22
the person to answer questions.'. 23
Clause 35 Insertion of new 405A 24
After section 405-- 25
insert-- 26
`405A Responsibility relating to notification and response to 27
application under s 405 28
`(1) The application under section 405 by a police officer must be 29
made in a way that allows the person or the person's lawyer to 30
make submissions about the application. 31
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 36]
Example for subsection (1)-- 1
If the application is sent to a magistrate by facsimile, the person may 2
speak to the magistrate by telephone. 3
`(2) Before the application is made, the police officer must-- 4
(a) tell the person or the person's lawyer of the application; 5
and 6
(b) give the person a copy of the application; and 7
(c) ask the person or the person's lawyer if he or she-- 8
(i) agrees to the application or wants to oppose it; and 9
(ii) wants to make submissions or say anything to the 10
justice or magistrate hearing the application. 11
`(3) The applicant must tell the magistrate or justice whether or 12
not the person or the person's lawyer wants to make 13
submissions or say anything to the justice or magistrate.'. 14
Clause 36 Insertion of new s 415A 15
After section 415-- 16
insert-- 17
`415A Responsibility relating to asking relevant persons to 18
attend for questioning 19
`(1) If the police officer approaches the relevant person when not 20
at a police station or police establishment, the police officer 21
must caution the relevant person in a way substantially 22
complying with the following-- 23
`I am (name and rank) of (name of police station or police 24
establishment). 25
I wish to question you about (briefly describe offence). 26
Are you prepared to come with me to (place of questioning)? 27
Do you understand that you are not under arrest and you do 28
not have to come with me?'. 29
`(2) If the relevant person, while not in the company of a police 30
officer, attends a police station or police establishment for 31
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[s 37]
questioning, the caution must substantially comply with the 1
following-- 2
`I am (name and rank) of (name of police station or police 3
establishment). 4
I wish to question you about (briefly describe offence). 5
Did you come here of your own free will?'. 6
`(3) Before the police officer starts to question the relevant person, 7
the police officer must caution the relevant person in a way 8
substantially complying with the following-- 9
`Do you understand you are not under arrest? 10
Do you understand you are free to leave at any time unless 11
you are arrested?'. 12
`(4) If the police officer reasonably suspects the relevant person 13
does not understand the caution, the officer may ask the 14
person to explain the meaning of the caution in the person's 15
own words. 16
`(5) If necessary, the police officer must further explain the 17
caution.'. 18
Clause 37 Amendment of s 417 (Questioning of person after 19
proceeding started) 20
Section 417-- 21
insert-- 22
`(4) For subsection (1), if a relevant person has been arrested for 23
an offence by a member of the police force or police service 24
of another State and extradited to Queensland, a proceeding 25
for the offence is taken to have been started only when the 26
person appears in a court in Queensland in relation to the 27
offence.'. 28
Clause 38 Amendment of s 418 (Right to communicate with friend, 29
relative or lawyer) 30
Section 418, heading, `friend, relative or lawyer'-- 31
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[s 39]
omit, insert-- 1
`friend or relative and lawyer'. 2
Clause 39 Insertion of new ss 418A and 418B 3
After section 418-- 4
insert-- 5
`418A Responsibility relating to right to communicate with 6
friend or relative and lawyer 7
`(1) A police officer to whom section 418(1) applies must inform 8
the relevant person in a way substantially complying with the 9
following-- 10
`You have the right to telephone or speak to a friend or relative 11
to inform that person where you are and to ask him or her to 12
be present during questioning. 13
You also have the right to telephone or speak to a lawyer of 14
your choice to inform the lawyer where you are and to arrange 15
or attempt to arrange for the lawyer to be present during 16
questioning. 17
If you want to telephone or speak to any of these people, 18
questioning will be delayed for a reasonable time for that 19
purpose. 20
Is there anyone you wish to telephone or speak to?'. 21
`(2) If the police officer reasonably suspects the relevant person 22
does not understand the advice, the police officer may ask the 23
relevant person to explain the meaning of the advice in the 24
person's own words. 25
`(3) If necessary, the police officer must further explain the 26
advice. 27
`(4) If the relevant person wants to speak to a lawyer, the police 28
officer must, without unreasonable delay, make available to 29
the person-- 30
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[s 39]
(a) if there is a regional lawyer list available and the person 1
has not asked to speak to a particular lawyer--the 2
regional lawyer list; or 3
(b) a telephone directory for the region. 4
`(5) A police officer must not do or say anything with the intention 5
of-- 6
(a) dissuading the relevant person from obtaining legal 7
advice; or 8
(b) persuading a relevant person to arrange for a particular 9
lawyer to be present. 10
`418B Responsibility relating to ensuring support persons 11
understand role 12
`(1) Before a police officer questions a relevant person in the 13
presence of a support person, the police officer must-- 14
(a) give the support person information in the approved 15
form about the role of a support person during 16
questioning; and 17
(b) ensure, as far as practicable, that the person understands 18
the nature of the support person's role; and 19
(c) if the support person asks, give an explanation of 20
anything relevant to the person's role as a support 21
person; and 22
(d) inform the support person of the identity of the relevant 23
person and why the person is being questioned. 24
`(2) The information must include the following-- 25
(a) a summary of sections 427, 428, 429 and 430; 26
(b) a statement that the support person must act in the best 27
interests of the relevant person; 28
(c) a statement that, unless the support person is a lawyer, 29
the support person must not provide legal advice to the 30
relevant person but may ask the relevant person 31
questions to ensure the relevant person understands-- 32
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[s 40]
(i) that the person may ask for a lawyer to be present 1
during questioning or at any time before 2
questioning ends; and 3
(ii) that the person is not obliged to say anything 4
during questioning; and 5
(iii) that anything the relevant person says during 6
questioning may be used in evidence in a court; 7
and 8
(iv) what is said by a police officer during 9
questioning.'. 10
Clause 40 Insertion of new s 420A 11
After section 420-- 12
insert-- 13
`420A Responsibility relating to questioning of Aboriginal 14
people and Torres Strait Islanders 15
`(1) A police officer who is about to question a relevant person the 16
police officer reasonably suspects is an adult Aborigine or 17
Torres Strait Islander must, unless he or she already knows 18
the relevant person, first ask questions necessary to establish 19
the person's level of education and understanding. 20
`(2) The questions the police officer may ask include questions, 21
not related to the relevant person's involvement in the 22
offence, that may help the police officer decide if the 23
person-- 24
(a) is capable of understanding the questions put to him or 25
her, what is happening to him or her, and his or her 26
rights at law; and 27
(b) is capable of effectively communicating answers to the 28
questions; and 29
(c) is aware of the reason the questions are being asked. 30
`(3) If the police officer considers it is necessary to notify a 31
representative of a legal aid organisation that the relevant 32
person is about to be questioned in relation to an offence, the 33
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 41]
police officer must inform the relevant person of the intention 1
to notify the legal aid organisation, in a way substantially 2
complying with the following-- 3
`As you have not arranged for a lawyer to be present, a legal 4
aid organisation will be notified you are here to be questioned 5
about your involvement in an indictable offence.'. 6
`(4) If the relevant person has indicated he or she does not wish to 7
telephone or speak to a support person or arrange for a support 8
person to be present during questioning, the police officer 9
conducting the questioning must inform the relevant person 10
that he or she may have a support person present during the 11
questioning. 12
`(5) The information given under subsection (4) must substantially 13
comply with the following-- 14
`Is there any reason why you don't want to telephone or speak 15
to a support person and arrange for a person to be present 16
during questioning? 17
Do you understand that arrangements can be made for a 18
support person to be present during the questioning? 19
Do you also understand that you do not have to have a support 20
person present during questioning? 21
Do you want to have a support person present?'. 22
`(6) If the police officer reasonably suspects the person is at a 23
disadvantage in comparison with other members of the 24
Australian community generally, and the person has not 25
arranged for a support person to be present during the 26
questioning, the police officer must arrange for a support 27
person to be present.'. 28
Clause 41 Insertion of new ss 431A and 431B 29
After section 431-- 30
insert-- 31
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 41]
`431A Responsibility relating to cautioning relevant persons 1
about the right to silence 2
`(1) A police officer must caution a relevant person about the 3
person's right to silence in a way substantially complying 4
with the following-- 5
`Before I ask you any questions I must tell you that you have 6
the right to remain silent. 7
This means you do not have to say anything, answer any 8
question or make any statement unless you wish to do so. 9
However, if you do say something or make a statement, it may 10
later be used as evidence. 11
Do you understand?'. 12
`(2) If the police officer reasonably suspects the relevant person 13
does not understand the caution, the police officer may ask the 14
person to explain the meaning of the caution in his or her own 15
words. 16
`(3) If necessary, the police officer must further explain the 17
caution. 18
`(4) If questioning is suspended or delayed, the police officer must 19
ensure the relevant person is aware he or she still has the right 20
to remain silent and, if necessary, again caution the person 21
when questioning resumes. 22
`(5) If a police officer cautions a relevant person in the absence of 23
someone else who is to be present during the questioning, the 24
caution must be repeated in the other person's presence. 25
`431B Responsibility relating to establishing identity of 26
relative, friend or lawyer 27
`(1) This section applies if a relative, friend or lawyer of a relevant 28
person asks a police officer for information about the relevant 29
person's whereabouts. 30
`(2) The police officer must, if the person asking for the 31
information is not known to the police officer, ask the 32
person-- 33
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 42]
(a) if he or she is a relative, friend or lawyer of the relevant 1
person; and 2
(b) for his or her name and address or, for a lawyer, place of 3
business; and 4
(c) if the person makes the request personally--for proof of 5
his or her identity. 6
`(3) The police officer may also ask any other question the police 7
officer considers necessary to establish that the person is a 8
relative, friend or lawyer of the relevant person. 9
`(4) Also, the police officer must make, or cause to be made, a 10
check of the register of enforcement acts for information 11
about the relevant person.'. 12
Clause 42 Insertion of new s 432A 13
After section 432-- 14
insert-- 15
`432A Responsibility relating to right to interpreter 16
`(1) This section applies for deciding whether to arrange for the 17
presence of an interpreter during questioning of a relevant 18
person. 19
`(2) A police officer may ask the relevant person a question, other 20
than a question related to the person's involvement in the 21
offence for which the person is to be questioned, that will help 22
the police officer decide if an interpreter should be present. 23
`(3) In particular, the police officer may ask questions that may 24
help the police officer decide whether or not the relevant 25
person-- 26
(a) is capable of understanding the questions put to him or 27
her, what is happening to him or her, and his or her 28
rights at law; and 29
(b) is capable of effectively communicating answers to the 30
questions; and 31
(c) is aware of the reason the questions are being asked.'. 32
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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Clause 43 Amendment of s 433 (Right to interpreter) 1
Section 433(1), after `officer'-- 2
insert-- 3
`, having regard to section 432A,'. 4
Clause 44 Insertion of new s 433A 5
After section 433-- 6
insert-- 7
`433A Responsibility relating to right of visiting foreign 8
national to communicate with embassy 9
`(1) This section applies for deciding whether a relevant person 10
has the right to telephone or attempt to telephone an embassy 11
or consular office. 12
`(2) A police officer may ask the relevant person a question, other 13
than a question related to the person's involvement in the 14
offence for which the person is to be questioned. 15
`(3) If the police officer reasonably suspects the relevant person 16
has the right to telephone or attempt to telephone an embassy 17
or consular office, the police officer must inform the person of 18
the right in a way substantially complying with the 19
following-- 20
`Before I ask you any questions I must tell you that you have 21
the right to telephone, or attempt to telephone, the embassy or 22
consular office of the country of which you are a citizen. 23
Do you want to telephone your embassy or consular office?'. 24
`(4) If the police officer reasonably suspects the relevant person 25
does not understand the advice, the police officer may ask the 26
person to explain the advice in his or her own words. 27
`(5) If necessary, the police officer must further explain the 28
advice.'. 29
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 45]
Clause 45 Amendment of s 435 (Rights of a person to be 1
electronically recorded) 2
(1) Section 435, heading-- 3
omit, insert-- 4
`435 Rights to be electronically recorded'. 5
(2) Section 435, after `if'-- 6
insert-- 7
`reasonably'. 8
(3) Section 435-- 9
insert-- 10
`(2) If it is not reasonably practicable for a police officer to 11
electronically record the giving to a relevant person of 12
information, including a caution, the police officer must make 13
a written record of the giving of the information and the 14
person's response. 15
`(3) The police officer must make the record as if section 437 16
applied to the giving of the information and the response.'. 17
Clause 46 Insertion of new s 437A 18
After section 437-- 19
insert-- 20
`437A Responsibility relating to procedure for reading back 21
a written record 22
`(1) This section applies if a police officer makes a written record 23
of things said by or to a relevant person during questioning 24
because it is not reasonably practicable to electronically 25
record the things said. 26
`(2) Before reading to the relevant person the written record of the 27
things said, the police officer questioning the person must 28
explain the procedure in a way substantially complying with 29
the following-- 30
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 47]
`Some of the questions I have asked you and your responses 1
have not been electronically recorded. 2
I have made a written record of the unrecorded conversation. 3
This is your copy of the record. I will now read the written 4
record aloud. 5
If you consider there is an error in the record or there is 6
something left out of the record, you should say so after I read 7
that part of the record aloud. 8
You will then be asked to say what the record should read. 9
Do you understand this is your opportunity to disagree with 10
anything in the written record? 11
Do you understand this procedure?'. 12
`(3) If the police officer reasonably suspects the relevant person 13
does not understand the explanation, the police officer may 14
ask the person to explain the procedure in his or her own 15
words. 16
`(4) If necessary, the police officer must further explain the 17
procedure.'. 18
Clause 47 Insertion of new ch 15A 19
After section 441-- 20
insert-- 21
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 47]
`Chapter 15A Identification powers for 1
persons in custody 2
`Part 1 General requirements for 3
witness identification 4
`441A Management of witnesses during identification 5
procedure 6
`(1) The way an identification procedure is conducted must allow 7
only 1 witness involved in the procedure to see or hear the 8
procedure at a time. 9
`(2) Also, after a witness has taken part in the procedure, the 10
witness must, as far as reasonably practicable, be prevented 11
from speaking about the procedure to any other witness until 12
the procedure ends. 13
`(3) Also, if reasonably practicable, the way a witness identifies a 14
person during an identification procedure must be 15
electronically recorded. 16
`(4) A police officer must not stop a person being present during 17
the procedure to support the witness unless-- 18
(a) the other person is a witness involved in the procedure; 19
or 20
(b) the officer suspects the person will influence the 21
witness's decision or disrupt the procedure. 22
`(5) If a police officer stops someone being present during the 23
procedure to support a witness, the police officer must-- 24
(a) give to the witness the reasons for stopping the person 25
being present; and 26
(b) advise the witness he or she may arrange for someone 27
else to be present to support the witness; and 28
(c) if asked, allow someone else to be present. 29
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[s 47]
`Part 2 Identification parades 1
`441B Application of pt 2 2
`This part applies if a police officer conducts an identification 3
parade that includes a person reasonably suspected of having 4
committed an offence (the suspect). 5
`441C Recording of identification parade 6
`If reasonably practicable, a police officer must cause the 7
behaviour and position of each person in an identification 8
parade to be photographed or otherwise electronically 9
recorded. 10
`441D Explanation of procedure 11
`(1) A police officer must explain the procedure for an 12
identification parade to a suspect before conducting the 13
identification parade. 14
`(2) If the police officer reasonably suspects the suspect does not 15
understand the procedure, the police officer must ask the 16
suspect to explain the procedure in his or her own words. 17
`(3) If necessary, the police officer must further explain the 18
procedure. 19
`(4) The explanation must include the police officer telling the 20
suspect the following-- 21
(a) the identification parade can not be conducted unless the 22
suspect agrees; 23
(b) the suspect may have a friend, relative or lawyer present 24
at the identification parade if that person can attend 25
within a reasonable time; 26
(c) anyone present may not interfere with the procedure in 27
any way; 28
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 47]
(d) the suspect may choose a position in the parade and 1
change position in the parade after each witness has 2
viewed the parade; 3
(e) the suspect's identity will not be given to a witness 4
unless the witness identifies the person and a proceeding 5
is started against the person. 6
`441E Identification parade conditions 7
`A police officer conducting an identification parade must, as 8
far as reasonably practicable, replicate the conditions, 9
described by the witness, when the witness saw a person 10
involved in the offence, for example, by-- 11
(a) changing the lighting in the room; or 12
(b) varying the distance from which the witness views the 13
identification parade; or 14
(c) concealing aspects of the participants in the 15
identification parade. 16
`441F Conducting the identification parade 17
`(1) Each witness must view the identification parade separately. 18
`(2) The police officer conducting the identification parade must 19
ask the witness to carefully view the parade and to state 20
whether the witness recognises anyone in the parade. 21
`(3) The police officer must ask the question in a way that does not 22
suggest the identity of any participant in the identification 23
parade. 24
`(4) If the witness indicates he or she recognises a person in the 25
identification parade, the police officer conducting the parade 26
must ask the witness to clearly identify the person recognised, 27
for example, by stating the number of the person identified or 28
describing his or her position in the parade. 29
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`441G Use of suitable persons in the identification parade 1
`An identification parade must include the suspect and at least 2
11 other people of similar physical appearance and wearing 3
similar clothing. 4
`Part 3 Identification using 5
photographs 6
`441H General requirements for identification using 7
photographs 8
`To avoid directing the attention of the witness to a particular 9
photograph, the police officer must ensure nothing is marked 10
on any photograph or the backing board on which the 11
photograph is mounted. 12
`441I Conducting a photoboard identification 13
`(1) A police officer showing witnesses a photoboard must show 14
the photoboard to each witness separately. 15
`(2) Also, the police officer must ask the witness to carefully view 16
the photoboard and to state whether the witness recognises 17
anyone whose photograph is on the photoboard. 18
`(3) The police officer must ask the question in a way that does not 19
suggest the identity of a person whose photograph is on the 20
photoboard. 21
`(4) If the witness indicates he or she recognises a person in a 22
photograph on the photoboard, the police officer must ask the 23
witness to-- 24
(a) clearly state the number of the photograph the witness 25
has identified as being that of the person alleged to be 26
responsible for committing the relevant offence; and 27
(b) write the photograph number and the date the 28
photoboard was shown to the witness-- 29
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 48]
(i) on the front of an unmarked photocopy of the 1
photoboard; or 2
(ii) on the back of the photoboard or the selected 3
photograph; and 4
(c) sign the photoboard, photocopy or photograph where 5
the person has written on it.'. 6
Clause 48 Amendment of s 443 (Police officer may search person in 7
custody) 8
(1) Section 443-- 9
insert-- 10
`(1A) Also, a police officer may search and re-search anything in the 11
person's possession for the following purposes-- 12
(a) cataloguing the items in the person's possession; 13
(b) locating anything mentioned in subsection (3)(a) to (c) 14
that is in the person's possession.'. 15
(2) Section 443(2), `from the person'-- 16
omit. 17
Clause 49 Amendment of s 445 (Who are qualified persons) 18
Section 445(2), after `doctor'-- 19
insert-- 20
`, forensic nurse examiner'. 21
Clause 50 Amendment of s 448 (What pt 2 provides) 22
(1) Section 448(1)-- 23
insert-- 24
`(c) for obtaining a forensic procedure consent that relates to 25
the taking of a DNA sample from a person only for the 26
purpose of investigating or prosecuting a child DNA 27
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 51]
sampling offence suspected to have been committed by 1
another person.'. 2
(2) Section 448(4), after `(1)(b)'-- 3
insert-- 4
`and (c)'. 5
Clause 51 Amendment of s 454 (General requirements for giving 6
informed forensic procedure consent) 7
(1) Section 454-- 8
insert-- 9
`(1A) If it is proposed to obtain a DNA sample from the person only 10
for the purpose of investigating or prosecuting a child DNA 11
sampling offence suspected to have been committed by 12
another person-- 13
(a) subsection (1)(g) and (h) does not apply; and 14
(b) the police officer must explain to the person that a DNA 15
analysis of the sample may be used only for that 16
purpose.'. 17
(2) Section 454(1A) and (2)-- 18
renumber as section 454(2) and (3). 19
Clause 52 Amendment of s 457 (Application of pt 3) 20
Section 457-- 21
insert-- 22
`(6) To remove any doubt, it is declared that this part applies in 23
addition to, and is not limited by, the Road Use Management 24
Act, section 80(8).'. 25
Clause 53 Amendment of s 460 (When notice of application need 26
not be given etc.) 27
Section 460(1)(c), from `if'-- 28
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 54]
omit, insert-- 1
`if the application is not decided without delay; or'. 2
Clause 54 Amendment of s 463 (When forensic procedure order 3
ends) 4
Section 463(2), after `doctor'-- 5
insert-- 6
`or forensic nurse examiner'. 7
Clause 55 Insertion of new s 466A 8
Chapter 17, part 3-- 9
insert-- 10
`466A Qualified person need not comply with forensic 11
procedure order in particular circumstances 12
`(1) This section applies if-- 13
(a) a forensic procedure order has been made against a 14
person on the ground that the person is suspected of 15
having committed an indictable offence in connection 16
with or arising out of the driving of a motor vehicle 17
(including any offence against the Criminal Code, 18
section 328A); and 19
(b) the person is at a hospital for treatment; and 20
(c) the forensic procedure order is for, or includes, taking a 21
sample of the person's blood. 22
`(2) A qualified person need not take the sample of the person's 23
blood if the qualified person-- 24
(a) reasonably believes that taking the sample would be 25
prejudicial to the person's treatment; or 26
(b) has another reasonable excuse. 27
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 56]
Example for paragraph (b)-- 1
A qualified person would have a reasonable excuse if he or she 2
was required to attend to a patient suffering a heart attack and 3
was unable to take the sample of blood when required.'. 4
Clause 56 Amendment of s 471 (Court may order taking of 5
identifying particulars) 6
Section 471-- 7
insert-- 8
`(2A) The court may make an order under subsection (2) on-- 9
(a) the court's own initiative; or 10
(b) an application made by a police officer or the 11
prosecuting authority. 12
`(2B) The court may refuse to consider an application mentioned in 13
subsection (2A)(b) unless the applicant gives the court any 14
information about the application required by the court in the 15
way required by the court.'. 16
Clause 57 Amendment of s 477 (Where DNA sample may be taken) 17
(1) Section 477(a), `police station or'-- 18
omit. 19
(2) Section 477-- 20
insert-- 21
`(2) If the DNA sample is taken from a person (the sample 22
provider) under a forensic procedure consent only for the 23
purpose of investigating or prosecuting a child DNA sampling 24
offence suspected to have been committed by another person, 25
subsection (1)(d) applies only with the agreement of-- 26
(a) the sample provider; or 27
(b) if the sample provider is a child and another person has 28
given the forensic procedure consent--the person who 29
gave the consent.'. 30
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 58]
Clause 58 Amendment of s 478 (How DNA samples may be taken) 1
Section 478-- 2
insert-- 3
`(2) Subsection (3) applies if-- 4
(a) a forensic procedure consent authorises a DNA sample 5
to be taken from a child only for the purpose of 6
investigating or prosecuting a child DNA sampling 7
offence suspected to have been committed by another 8
person; and 9
(b) the child-- 10
(i) is unable to use a mouth swab to swab his or her 11
mouth; and 12
(ii) has insufficient hair for the collection of a sample. 13
`(3) Without limiting subsection (1), the DNA sampler may take a 14
DNA sample from the child by using, or having a parent of the 15
child use, a mouth swab to swab the child's mouth. 16
`(4) This section does not apply to the taking of a DNA sample 17
from a child under a DNA sample order. 18
Note-- 19
For how a DNA sample may be taken from a child under a DNA sample 20
order, see section 488H.'. 21
Clause 59 Amendment of s 479 (Use of DNA analysis of DNA sample 22
taken from child under 14) 23
(1) Section 479, heading, `under 14'-- 24
omit, insert-- 25
`in particular circumstances'. 26
(2) Section 479(1), from `child'-- 27
omit, insert-- 28
`child and-- 29
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 60]
(a) the consent authorises the DNA sample to be taken only 1
for the purpose of investigating or prosecuting a child 2
DNA sampling offence suspected to have been 3
committed by another person; or 4
(b) the child is under 14 years.'. 5
(3) Section 479(2)-- 6
omit, insert-- 7
`(2) A DNA analysis of the sample may be used only for the 8
following purpose-- 9
(a) if subsection (1)(a) applies--the investigation or 10
prosecution of the child DNA sampling offence 11
mentioned in subsection (1)(a); 12
(b) if subsection (1)(b) applies--the purpose for which the 13
consent was given.'. 14
Clause 60 Amendment of s 484 (Taking DNA sample from adult 15
before court) 16
Section 484-- 17
insert-- 18
`(2A) The court may make an order under this section on-- 19
(a) the court's own initiative; or 20
(b) an application made by a police officer or the person 21
prosecuting the proceeding. 22
`(2B) The court may refuse to consider an application mentioned in 23
subsection (2A)(b) unless the applicant gives the court any 24
information about the application required by the court in the 25
way required by the court.'. 26
Clause 61 Insertion of new s 487A 27
After section 487-- 28
insert-- 29
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 61]
`487A Taking DNA sample from person subject to interstate 1
parole order 2
`(1) This section applies in relation to a person if-- 3
(a) the person is subject to an interstate parole order; and 4
(b) the person is, or was before the commencement of this 5
section, transferred to Queensland from another State 6
under an arrangement under the Prisoners (Interstate 7
Transfer) Act 1982; and 8
(c) under the law of the State from which the person was 9
transferred, a DNA sample could have lawfully been 10
taken from the person because of the conviction of the 11
person for an offence; and 12
(d) the results of a DNA analysis of a DNA sample from the 13
person are not included in the CrimTrac database. 14
`(2) Under an arrangement between the commissioner and the 15
chief executive (corrective services)-- 16
(a) a police officer may detain the person and take the 17
person to a place mentioned in section 477 to enable a 18
DNA sampler to take a DNA sample from the person for 19
DNA analysis; and 20
(b) a DNA sampler may take a DNA sample from the 21
person. 22
`(3) The period for which the person may be detained is-- 23
(a) 1 hour; or 24
(b) if a longer period is reasonably necessary having regard 25
to the particular circumstances--the longer time. 26
`(4) In this section-- 27
interstate parole order means an order made under the law of 28
another State that provides for the person's release on parole. 29
release on parole includes release on probation and any other 30
form of conditional release in the nature of parole.'. 31
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 62]
Clause 62 Insertion of new ch 17, pt 5, div 3A 1
Chapter 17, part 5-- 2
insert-- 3
`Division 3A Taking DNA samples from children 4
to investigate or prosecute 5
particular sexual offences 6
`488B Meaning of child DNA sampling offence 7
`In this division-- 8
child DNA sampling offence means any of the following 9
offences against the Criminal Code that involves penetration 10
of a penis into a person's vagina-- 11
(a) rape or incest, if the victim of the offence is a child; 12
(b) carnal knowledge of a child under 16 years. 13
Notes-- 14
1 For the offences, see the Criminal Code, sections 215 (Carnal 15
knowledge with or of children under 16), 222 (Incest) and 349 16
(Rape). 17
2 In relation to a forensic procedure consent, a child DNA sampling 18
offence also includes an offence mentioned in paragraph (a) of 19
which the victim is an adult (see schedule 6, definition child DNA 20
sampling offence). 21
`488C Meaning of parent 22
`(1) In this division, a parent, of a child, is any of the following-- 23
(a) the child's mother; 24
(b) the child's father; 25
(c) a person who exercises parental responsibility for the 26
child, including, for example-- 27
(i) a person who is granted guardianship of the child 28
under the Child Protection Act 1999; and 29
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 62]
(ii) a person who otherwise exercises parental 1
responsibility for the child under a decision or 2
order of a federal court or a court of a State. 3
`(2) However, a person standing in the place of a parent of a child 4
on a temporary basis is not a parent of the child. 5
`(3) A parent of an Aboriginal child includes a person who, under 6
Aboriginal tradition, is regarded as a parent of the child. 7
`(4) A parent of a Torres Strait Islander child includes a person 8
who, under Island custom, is regarded as a parent of the child. 9
`488D Application of div 3A 10
`(1) This division applies if a police officer reasonably suspects-- 11
(a) a child DNA sampling offence has been committed by a 12
person; and 13
(b) analysis of a DNA sample taken from a child will 14
help-- 15
(i) identify the person who committed the offence; or 16
(ii) establish whether the offence has been committed. 17
Notes-- 18
1 The child from whom a DNA sample might be taken under this 19
division may be, but is not necessarily, the victim of a child DNA 20
sampling offence. 21
2 Under section 488G, a DNA sample order can only be made in 22
relation to a person who is a child when the order is made. 23
`(2) However, this division does not apply if the taking of a DNA 24
sample from a child is authorised under a forensic 25
procedure consent. 26
`488E Application for DNA sample order 27
`(1) The police officer may apply to a Childrens Court magistrate 28
for an order (a DNA sample order) authorising a DNA 29
sampler who is a doctor or nurse to take a DNA sample from 30
the child for DNA analysis. 31
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 62]
`(2) The application must-- 1
(a) be in the approved form; and 2
(b) be sworn; and 3
(c) state the grounds on which it is made. 4
`(3) The magistrate may refuse to consider the application until the 5
police officer gives the magistrate the information the 6
magistrate requires about the application in the way the 7
magistrate requires. 8
Example-- 9
The magistrate may require additional information supporting the 10
application to be given by statutory declaration. 11
`488F Notice of application to be given 12
`(1) The police officer making the application must give a copy of 13
it, at least 7 days before the day it is to be heard, to-- 14
(a) the child; and 15
(b) a parent of the child, unless a parent can not be found 16
after reasonable inquiry; and 17
(c) the chief executive (child safety) or a person, nominated 18
by that chief executive for the purpose, who holds an 19
office within the department for which that chief 20
executive has responsibility. 21
`(2) A copy of the application given to a person mentioned in 22
subsection (1) must state-- 23
(a) when and where the application is to be heard; and 24
(b) that the application may be heard and decided even 25
though the person does not appear in court. 26
`(3) If a person mentioned in subsection (1) appears at the stated 27
date, time and place, the court must consider hearing the 28
person on the application. 29
`(4) If a person mentioned in subsection (1) does not appear at the 30
stated date, time and place, the application may be decided in 31
his or her absence. 32
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 62]
`488G Making DNA sample order 1
`(1) A Childrens Court magistrate may make a DNA sample order 2
in relation to the child only if satisfied on reasonable grounds 3
that-- 4
(a) a child DNA sampling offence may have been 5
committed; and 6
(b) analysis of a DNA sample taken from the child will 7
help-- 8
(i) identify the person who committed the suspected 9
child DNA sampling offence; or 10
(ii) establish whether the suspected child DNA 11
sampling offence has been committed; and 12
(c) taking a DNA sample from the child is justified in the 13
circumstances. 14
`(2) In deciding whether taking a DNA sample from the child is 15
justified in the circumstances, the magistrate must balance the 16
best interests of the child and the public interest. 17
`(3) In balancing those interests, the magistrate must have regard 18
to the following matters-- 19
(a) the child's well-being; 20
(b) the seriousness of the circumstances surrounding the 21
commission of the suspected child DNA sampling 22
offence and the gravity of that suspected offence; 23
(c) whether there is a less intrusive but reasonably 24
practicable way of obtaining evidence tending to 25
identify the person who committed the suspected 26
offence or to establish whether the suspected offence 27
has been committed; 28
(d) if the child or a parent of the child has been asked for 29
and refused to give a forensic procedure consent--the 30
reasons for the refusal to the extent they are known to 31
the magistrate or can reasonably be discovered by the 32
magistrate (by asking the child or parent or otherwise); 33
(e) any other factor the magistrate considers relevant. 34
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 62]
`(4) Without limiting subsection (3)(b), in having regard to the 1
seriousness of the circumstances surrounding the commission 2
of the suspected offence and the gravity of that offence, the 3
magistrate must have regard to the following-- 4
(a) the age difference between the suspected offender and 5
the victim of the offence; 6
(b) whether there was a relationship of trust between the 7
suspected offender and the victim; 8
(c) the extent to which the suspected offence was 9
premeditated; 10
(d) the physical, mental or emotional harm that is likely to 11
have been, or that may have been, done to the victim. 12
`488H Provisions of DNA sample order 13
`A DNA sample order must state that-- 14
(a) a DNA sampler who is a doctor or nurse may take a 15
DNA sample from the child for DNA analysis by-- 16
(i) using a mouth swab, or having the child or a parent 17
of the child use a mouth swab, to swab the child's 18
mouth; or 19
(ii) collecting hair, including roots of the hair, from the 20
child; and 21
(b) for enforcing the order, a police officer may exercise the 22
powers in section 488I; and 23
(c) the child is entitled to be accompanied by a support 24
person-- 25
(i) when being taken to a place by a police officer 26
under the order to enable the DNA sample to be 27
taken; and 28
(ii) while the DNA sample is being taken. 29
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 62]
`488I Powers for enforcing DNA sample order 1
`For enforcing a DNA sample order, a police officer may-- 2
(a) enter a place the police officer reasonably suspects the 3
child is and search for the child; and 4
Note-- 5
See section 635 (Use of force likely to cause damage to enter 6
places) for relevant safeguards. 7
(b) take a photograph of the child; and 8
(c) take the child to a place mentioned in section 477, other 9
than a police establishment, to enable the DNA sample 10
to be taken; and 11
(d) use no more than minimal force in taking the child to a 12
place to enable the DNA sample to be taken. 13
Examples of minimal force-- 14
· carrying the child, if the child is an infant or wishes to be 15
carried 16
· holding the child's hand, if the child does not resist 17
Note-- 18
See also a police officer's powers under part 8. 19
`488J Procedure before entry 20
`(1) This section applies if a police officer is intending to enter a 21
place under a DNA sample order. 22
`(2) Before entering the place, the police officer must do or make a 23
reasonable attempt to do the following things-- 24
(a) identify himself or herself to a person present at the 25
place who is an occupier of the place; 26
(b) give the person a copy of the DNA sample order so far 27
as it relates to the entry and searching of the place; 28
(c) tell the person the officer is permitted under the order to 29
enter and search the place to find the child; 30
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 62]
(d) give the person an opportunity to allow the officer 1
immediate entry to the place without using force; 2
(e) tell the person the child is entitled to be accompanied by 3
a support person-- 4
(i) when being taken to a place by the officer under 5
the order to enable the DNA sample to be taken; 6
and 7
(ii) while the DNA sample is being taken. 8
Note-- 9
See also section 637 for further safeguards. 10
`(3) However, the police officer need not comply with subsection 11
(2) if the officer reasonably believes that immediate entry to 12
the place is required to ensure the effective exercise of powers 13
under the DNA sample order is not frustrated. 14
`488K Use of DNA sample 15
`A DNA analysis of a DNA sample taken under a DNA 16
sample order may be used only for the purpose of 17
investigating or prosecuting the child DNA sampling offence 18
in relation to which the order was made. 19
Note-- 20
See section 490B in relation to when a DNA sample, and the results of a 21
DNA analysis of a DNA sample, taken under a DNA sample order must 22
be destroyed. 23
`488L Obstruction of police officer enforcing DNA sample 24
order 25
`(1) For section 790, a person who, without a reasonable excuse, 26
prevents, or attempts to prevent, a police officer from 27
enforcing a DNA sample order is taken to have obstructed the 28
officer in the performance of the officer's duties. 29
`(2) Subsection (1) does not apply to the child who is the subject 30
of the DNA sample order.'. 31
Page 59
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 63]
Clause 63 Amendment of s 489 (Power to analyse etc. DNA 1
samples) 2
(1) Section 489(1), `between the commissioner and the chief 3
executive (health)'-- 4
omit, insert-- 5
`mentioned in subsection (4)'. 6
(2) Section 489-- 7
insert-- 8
`(4) The commissioner may enter into an arrangement about any 9
of the matters mentioned in subsection (1)(a) to (e) with either 10
or both of the following-- 11
(a) the chief executive (health); 12
(b) a forensic laboratory that is accredited, by the National 13
Association of Testing Authorities, Australia or an 14
equivalent entity, for compliance with the standard 15
prescribed under a regulation.'. 16
Clause 64 Amendment of s 490 (When DNA sample taken from 17
suspected person and results must be destroyed) 18
(1) Section 490(1)(a), `379(6)'-- 19
omit, insert-- 20
`379(11)'. 21
(2) Section 490-- 22
insert-- 23
`(4A) Also, subsection (1) does not apply to a DNA sample taken 24
from a person under section 487A.'. 25
Clause 65 Insertion of new s 490B 26
Chapter 17, part 5, division 4-- 27
insert-- 28
Page 60
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 65]
`490B When DNA sample taken from child in particular 1
circumstances must be destroyed 2
`(1) This section applies if a DNA sample is taken from a child 3
under-- 4
(a) a DNA sample order; or 5
(b) a forensic procedure consent relating to the taking of a 6
DNA sample from the child only for the purpose of 7
investigating or prosecuting a child DNA sampling 8
offence suspected to have been committed by another 9
person. 10
`(2) The DNA sample and the results of a DNA analysis of the 11
sample must be destroyed as soon as practicable after-- 12
(a) if a person is arrested for the child DNA sampling 13
offence and the arrest is discontinued under section 14
376(1) or 379(11)--the day the arrest is discontinued; or 15
(b) if a proceeding for the child DNA sampling offence is 16
discontinued before a court--the day the proceeding is 17
discontinued; or 18
(c) if a person is found not guilty of the child DNA 19
sampling offence, including on appeal--the day the 20
person is found not guilty of the offence; or 21
(d) if a person is found guilty of the child DNA sampling 22
offence and-- 23
(i) an appeal against the conviction is not started 24
within the period allowed under an Act--the day 25
the period ends; or 26
(ii) subparagraph (i) does not apply--the day an 27
appeal against the conviction ends; or 28
(e) if a proceeding for the child DNA sampling offence is 29
not started within 1 year after the sample is taken--the 30
day that is 1 year after the sample is taken. 31
`(3) For subsection (2), the results of the DNA analysis may be 32
destroyed by deleting any information in QDNA that 33
Page 61
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 66]
identifies the child from whom the DNA sample was taken 1
with the results obtained by analysing the sample.'. 2
Clause 66 Amendment of ch 17, pt 7, hdg (Forensic procedures 3
performed by doctors and dentists) 4
Chapter 17, part 7, heading, after `doctors' -- 5
insert-- 6
`, forensic nurse examiners'. 7
Clause 67 Amendment of s 501 (Application of pt 7) 8
Section 501, after `doctor'-- 9
insert-- 10
`, forensic nurse examiner'. 11
Clause 68 Amendment of s 502 (When doctor or dentist may be 12
asked to perform forensic procedure) 13
Section 502, after `doctor'-- 14
insert-- 15
`, forensic nurse examiner'. 16
Clause 69 Amendment of s 503 (What person must be told before 17
doctor or dentist performs a forensic procedure) 18
Section 503, after `doctor'-- 19
insert-- 20
`, forensic nurse examiner'. 21
Clause 70 Amendment of s 509 (Doctor's powers) 22
(1) Section 509, heading, after `Doctor's'-- 23
insert-- 24
`or forensic nurse examiner's'. 25
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 71]
(2) Section 509(1), `asks a doctor under section 502'-- 1
omit, insert-- 2
`asks, under section 502, a doctor or forensic nurse examiner'. 3
(3) Section 509(2) to (4), after `doctor'-- 4
`or forensic nurse examiner'. 5
Clause 71 Amendment of s 511 (Samples and results of analysis to 6
be given to person) 7
(1) Section 511(1), after `doctor'-- 8
insert-- 9
`, forensic nurse examiner'. 10
(2) Section 511(3), after `if a doctor'-- 11
insert-- 12
`or forensic nurse examiner'. 13
(3) Section 511(3), after `the doctor'-- 14
insert-- 15
`or forensic nurse examiner'. 16
(4) Section 511(4), after `the doctor'-- 17
insert-- 18
`or forensic nurse examiner'. 19
Clause 72 Amendment of s 517 (Help with, and use of force for, 20
performing forensic procedure) 21
(1) Section 517(3), after `the doctor'-- 22
insert-- 23
`, forensic nurse examiner'. 24
(2) Section 517(3)(b), `or another dentist'-- 25
Page 63
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 73]
omit, insert-- 1
`, forensic nurse examiner or dentist'. 2
Clause 73 Amendment of s 526 (Unlawful supply of destroyable 3
DNA sample) 4
Section 526(2), definition destroyable DNA sample, after 5
`490'-- 6
insert-- 7
`, 490A or 490B'. 8
Clause 74 Amendment of s 530 (Unlawful recording of identifying 9
information on QDNA) 10
Section 530(1), after `490'-- 11
insert-- 12
`, 490A or 490B'. 13
Clause 75 Amendment of s 531 (Unlawful retention of results of 14
DNA analysis in QDNA) 15
(1) Section 531(1), after `490'-- 16
insert-- 17
`, 490A or 490B'. 18
(2) Section 531(2), after `490(5)'-- 19
insert-- 20
`, 490A(2) or 490B(3)'. 21
Clause 76 Amendment of ch 18, hdg (Blood and urine testing of 22
persons suspected of committing sexual or other serious 23
assault offences) 24
Chapter 18, heading, from `sexual'-- 25
Page 64
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 77]
omit, insert-- 1
`offences that may involve transmission of bodily fluid'. 2
Clause 77 Amendment of s 537 (Purpose of ch 18) 3
Section 537, `sexual offences and serious assault offences,'-- 4
omit, insert-- 5
`offences'. 6
Clause 78 Amendment of s 538 (Application of ch 18) 7
(1) Section 538(1)-- 8
omit, insert-- 9
`(1) This chapter applies in relation to an offence (a chapter 18 10
offence) if semen, blood, saliva or another bodily fluid may 11
have been transmitted into the anus, vagina, a mucous 12
membrane or broken skin of a victim of the offence. 13
`(1A) Also, this chapter applies to an offence (also a chapter 18 14
offence) if-- 15
(a) the offence involves the possession by a person of a 16
hypodermic syringe or needle; and 17
Example-- 18
An offence against the Drugs Misuse Act 1986, section 10(4A). 19
(b) the hypodermic syringe or needle penetrates the skin of 20
another person who is a police officer or public official; 21
and 22
(c) a police officer reasonably suspects the hypodermic 23
syringe or needle has previously been used by the 24
relevant person to penetrate his or her own skin.'. 25
(2) Section 538(3)(a)-- 26
omit. 27
(3) Section 538(3)(b) and (c)-- 28
renumber as section 538(3)(a) and (b). 29
Page 65
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 79]
Clause 79 Amendment of s 540 (Application for order for blood and 1
urine testing of person) 2
(1) Section 540(2), from `a magistrate' to `Childrens Court'-- 3
omit, insert-- 4
`a relevant magistrate'. 5
(2) Section 540(3)-- 6
omit, insert-- 7
`(3) The application-- 8
(a) must be written and state the grounds on which it is 9
made; and 10
(b) need not be witnessed by a justice or commissioner for 11
declarations.'. 12
(3) Section 540(5), `The'-- 13
omit, insert-- 14
`Subject to subsection (3), the relevant'. 15
(4) Section 540-- 16
insert-- 17
`(6) In this section-- 18
relevant magistrate means-- 19
(a) if the relevant person is a child--a Childrens Court 20
magistrate; or 21
(b) otherwise--any magistrate.'. 22
Clause 80 Amendment of s 542 (Disease test order) 23
(1) Section 542, `magistrate or Childrens Court'-- 24
omit, insert-- 25
`relevant magistrate'. 26
(2) Section 542-- 27
insert-- 28
Page 66
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 81]
`(6) In this section-- 1
relevant magistrate see section 540.'. 2
Clause 81 Amendment of s 577 (Complaint about noise) 3
(1) Section 577-- 4
insert-- 5
`(1A) The complaint may be made in any way, including 6
anonymously.'. 7
(2) Section 577(1A) to (3)-- 8
renumber as section 577(2) to (4). 9
Clause 82 Amendment of s 581 (Powers of police officer to deal with 10
excessive noise) 11
Section 581, heading, after `noise'-- 12
insert-- 13
`--noise abatement direction'. 14
Clause 83 Insertion of new s 581A 15
After section 581-- 16
insert-- 17
`581A Powers of police officer to deal with excessive 18
noise--extended noise abatement direction 19
`(1) This section applies if a police officer is reasonably satisfied 20
that-- 21
(a) noise to which section 578 applies is excessive in the 22
circumstances; and 23
(b) an extended noise abatement direction is necessary to 24
deal with the excessive noise. 25
`(2) In deciding whether an extended noise abatement direction is 26
necessary to deal with the excessive noise, the police officer 27
may have regard to any relevant matters, including-- 28
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 83]
(a) whether more than 1 complaint has been made about the 1
excessive noise and, if so-- 2
(i) the number of complaints; and 3
(ii) whether the same person made the complaints; and 4
(b) whether a noise abatement direction has previously been 5
given about excessive noise emitted from the place and, 6
if so, whether the direction was complied with; and 7
(c) the impact that an extended noise abatement direction 8
may have on any business conducted lawfully at or in 9
the vicinity of the place; and 10
(d) whether the excessive noise is likely to continue or start 11
again if an extended noise abatement direction is not 12
given. 13
`(3) The police officer may enter the place without warrant. 14
`(4) The police officer must give the person responsible for the 15
noise a written direction (extended noise abatement 16
direction). 17
`(5) The extended noise abatement direction must-- 18
(a) direct any person responsible for the noise, or for 19
permitting the noise to be caused, to immediately abate 20
the excessive noise from the place; and 21
(b) state-- 22
(i) the time the notice was given; and 23
(ii) the name and other particulars of the person given 24
the direction; and 25
(iii) a general description of the place or, if the noise 26
abatement direction relates only to a part of the 27
place, the part of the place to which the direction 28
relates; and 29
(iv) the period, of at least 12 hours and not more than 30
96 hours, for which the person must comply with 31
the direction mentioned in paragraph (a). 32
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 84]
`(6) Unless otherwise stated, an extended noise abatement 1
direction applies to the whole of the place to which it relates. 2
`(7) For subsection (5)(a), a person responsible for noise includes 3
a person apparently in charge of the place to which the 4
direction relates.'. 5
Clause 84 Amendment of s 582 (Compliance with noise abatement 6
direction) 7
(1) Section 582, heading, after `direction'-- 8
insert-- 9
`or extended noise abatement direction'. 10
(2) Section 582(1) and (2), after `noise abatement direction'-- 11
insert-- 12
`, or extended noise abatement direction,'. 13
(3) Section 582(3), `noise abatement'-- 14
omit. 15
(4) Section 582(4)-- 16
renumber as section 582(5). 17
(5) Section 582-- 18
insert-- 19
`(4) In a proceeding for an offence against this section, it is not 20
necessary for the police officer who gave the direction to 21
prove that-- 22
(a) a complaint about excessive noise was made; or 23
(b) a person who made a complaint about excessive noise 24
believed the noise complained of was excessive.'. 25
(6) Section 582(5), as renumbered, definition noise abatement 26
period, paragraph (b)-- 27
omit, insert-- 28
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 85]
`(b) for a noise abatement direction not mentioned in 1
paragraph (a)--12 hours after the direction is given; or 2
(c) for an extended noise abatement direction--the period 3
stated in the order under section 581A(5)(b)(iv).'. 4
Clause 85 Amendment of s 583 (Additional powers of police officers 5
on later investigation) 6
(1) Section 583(1)(a), after `direction'-- 7
insert-- 8
`, or extended noise abatement direction,'. 9
(2) Section 583(1)(b)-- 10
omit, insert-- 11
`(b) within the noise abatement period as defined under 12
section 582(5), a police officer is satisfied on further 13
investigation that-- 14
(i) the police officer must again exercise the powers 15
mentioned in section 581 about the same place or 16
the same motor vehicle; or 17
(ii) the police officer must again exercise the powers 18
mentioned in section 581A about the same place.'. 19
Clause 86 Amendment of s 609 (Entry of place to prevent offence, 20
injury or domestic violence) 21
(1) Section 609(6)-- 22
renumber as section 609(8). 23
(2) Section 609-- 24
insert-- 25
`(6) However, the occupier of the place is not entitled to 26
accompany the police officer while the place is being searched 27
if-- 28
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 87]
(a) the police officer reasonably suspects that allowing the 1
occupier to accompany the police officer will result in 2
injury being caused to a person; and 3
(b) before starting the search, to the extent it is practicable, 4
the police officer has warned the occupier that he or she 5
is not entitled to accompany the police officer. 6
`(7) Information or a warning required under subsection (5) or (6) 7
to be given to the occupier may be given by a police officer 8
other than the police officer who searches the place.'. 9
Clause 87 Insertion of new s 619A 10
Chapter 19, part 6, division 2-- 11
insert-- 12
`619A Powers relating to persons in holding cells at police 13
stations 14
`(1) This section applies if a person is in custody in a holding cell 15
at a police station. 16
`(2) The police officer for the time being in charge of the police 17
station may give the person any reasonably necessary 18
directions, or take any reasonably necessary steps, for 19
ensuring the good management and control of the police 20
station. 21
Examples-- 22
· transferring the person to another holding cell or a watch-house 23
· transferring the person to a place at which the person can receive 24
treatment necessary for the person's welfare 25
`(3) In this section-- 26
give includes cause to be given. 27
take includes cause to be taken.'. 28
Clause 88 Amendment of s 629 (Removal of clothing for search) 29
Section 629(2), after `apply to'-- 30
Page 71
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 89]
insert-- 1
`a pat-down search under section 52A or 53C or'. 2
Clause 89 Amendment of s 636 (Police officer to give notice of 3
damage) 4
Section 636(2), `promptly'-- 5
omit, insert-- 6
`, as soon as reasonably practicable,'. 7
Clause 90 Amendment of s 637 (Supplying police officer's details) 8
(1) Section 637(6), after `another police officer'-- 9
insert-- 10
`(the other officer)'. 11
(2) Section 637(6), after `(2)'-- 12
insert-- 13
`for the other officer'. 14
(3) Section 637(6), `an identity card'-- 15
omit, insert-- 16
`the other officer's identity card'. 17
(4) Section 637(6), `the police officer'-- 18
omit, insert-- 19
`the other officer'. 20
(5) Section 637(6), `the identity card'-- 21
omit, insert-- 22
`his or her identity card'. 23
(6) Section 637-- 24
insert-- 25
Page 72
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 91]
`(7) If a person asks a police officer to repeat information given by 1
the police officer to the person under this section, the police 2
officer must repeat the information to the extent it is 3
reasonably practicable to do so.'. 4
Clause 91 Amendment of s 653 (Power to use force--transfer etc. of 5
person in custody to or from court cell or other place) 6
(1) Section 653, heading, `court cell or other'-- 7
omit, insert-- 8
`relevant'. 9
(2) Section 653(1)-- 10
omit, insert-- 11
`(1) It is lawful for a watch-house officer who is authorised by a 12
watch-house manager to transfer a person in custody to or 13
from a relevant place to use reasonably necessary force-- 14
(a) to transfer a person in custody from the watch-house to 15
another watch-house or a relevant place; or 16
(b) to transfer a person in custody from-- 17
(i) a relevant place to the watch-house; or 18
(ii) another watch-house to the watch-house; or 19
(c) to ensure a person in custody in a watch-house or 20
relevant place appears before a court and is returned to 21
the watch-house or relevant place if the person is not 22
released; or 23
(d) to ensure a person in custody does not escape from 24
lawful custody while the person is being transferred to 25
or held in the court precinct or while being returned to 26
the watch-house or relevant place.'. 27
(3) Section 653-- 28
insert-- 29
`(4) In this section-- 30
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 92]
court precinct means any land or building, or the part of any 1
land or building, used for the purposes of a court of the State. 2
Example of land or building-- 3
court cell 4
relevant place means-- 5
(a) a corrective services facility; or 6
(b) a court precinct.'. 7
Clause 92 Amendment of s 659 (Custody continues while person in 8
custody is being transferred or escorted by watch-house 9
officer) 10
Section 659(a), `court cell'-- 11
omit, insert-- 12
`relevant place under section 653 or a watch-house'. 13
Clause 93 Insertion of new s 688A 14
After section 688-- 15
insert-- 16
`688A Functions of property officer 17
`(1) A property officer has the following functions-- 18
(a) to receive anything seized by a police officer under the 19
Act; 20
(b) to keep records of anything received at the property 21
point or by the property officer, including-- 22
(i) the date the thing was received; and 23
(ii) the particulars of the police officer who seized the 24
thing; and 25
(iii) a description of the thing seized; and 26
(iv) if it is removed from the property officer's 27
custody--when and why it left the property 28
officer's custody and when it was returned; 29
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 94]
(c) to ensure the safe and secure storage at the property 1
point of the thing seized; 2
(d) if appropriate, to transfer or arrange the transfer of the 3
thing seized to-- 4
(i) another property point for its safe and secure 5
storage; or 6
(ii) another place for destruction or disposal; or 7
(iii) a declared agency; 8
(e) if required under the Act or any other Act--to destroy or 9
dispose of the thing seized in the way decided by the 10
commissioner; 11
(f) if the thing is money, other than money that must be 12
retained for use as an exhibit in a court--depositing the 13
money in a financial institution account operated by the 14
police service. 15
`(2) Also, as soon as reasonably practicable after the property 16
officer receives a seized thing, the property officer must 17
ensure the thing is capable of being easily identified. 18
Example for subsection (2)-- 19
The thing may have attached to it a label or tag with a number or other 20
identifier identical to the number or identifier the property officer has 21
assigned to the thing in the record.'. 22
Clause 94 Amendment of s 718 (Order for forfeiture of particular 23
relevant things) 24
Section 718(4), from `be given--'-- 25
omit, insert-- 26
`be given by advertisement in a newspaper circulating in the 27
locality where the relevant thing came into the possession of 28
the police service. 29
`(4A) The advertisement mentioned in subsection (4) must include a 30
statement that a description of the relevant thing is published 31
on the QPS website. 32
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 95]
`(4B) Also, the commissioner must ensure that the description 1
mentioned in subsection (4A) is published on the QPS 2
website.'. 3
Clause 95 Amendment of s 719 (Order for forfeiture of relevant 4
things connected with offences) 5
(1) Section 719(4)(a)(i), `generally throughout the State'-- 6
omit, insert-- 7
`in the locality where the relevant thing came into the 8
possession of the police service'. 9
(2) Section 719-- 10
insert-- 11
`(4A) However, if the notice must be given by advertisement as 12
required under subsection (4)(a)(i), the notice must include a 13
statement that a description of the relevant thing is published 14
on the QPS website. 15
`(4B) If subsection (4A) applies, the commissioner must ensure that 16
the description mentioned in subsection (4A) is published on 17
the QPS website.'. 18
Clause 96 Amendment of s 783 (Sale of motor vehicle if not 19
recovered after impounding ends) 20
Section 783(3)-- 21
omit, insert-- 22
`(3) The advertisement mentioned in subsection (2) must include a 23
statement that a description of the motor vehicle and anything 24
in or on it is published on the QPS website. 25
`(4) Also, the commissioner must-- 26
(a) give written notice of the proposed sale or disposal of 27
the motor vehicle to the owner; and 28
(b) ensure that the description mentioned in subsection (3) 29
is published on the QPS website.'. 30
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 97]
Clause 97 Amendment of s 786 (Application of proceeds of sale) 1
(1) Section 786(2)(d) and (e)-- 2
renumber as section 786(2)(e) and (f). 3
(2) Section 786(2)-- 4
insert-- 5
`(d) if the owner is an enforcement debtor for an 6
enforcement order under the State Penalties 7
Enforcement Act 1999 and has taken no action under 8
section 41 of that Act--in payment to SPER of the 9
amount stated in the enforcement order;'. 10
Clause 98 Amendment of s 790 (Offence to assault or obstruct 11
police officer) 12
Section 790(1), `not assault or obstruct a police officer in the 13
performance of the officer's duties.'-- 14
omit, insert-- 15
`not-- 16
(a) assault a police officer in the performance of the police 17
officer's duties; or 18
(b) obstruct a police officer in the performance of the police 19
officer's duties.'. 20
Clause 99 Insertion of new s 864A 21
Chapter 24, part 9-- 22
insert-- 23
`864A Declaratory provision for Transport and Other 24
Legislation Amendment Act 2008 25
`It is declared that the Transport and Other Legislation 26
Amendment Act 2008, section 205(4) did not amend, and was 27
never intended to amend, section 125(1)(c)(i) to the extent it 28
refers to a relevant vehicle incident.'. 29
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 100]
Clause 100 Insertion of new ch 24, pt 11 1
After section 865-- 2
insert-- 3
`Part 11 Transitional provisions for 4
Police Powers and 5
Responsibilities and Other 6
Legislation Amendment Act 7
2011 8
`866 Definition for pt 11 9
`In this part-- 10
amending Act means the Police Powers and Responsibilities 11
and Other Legislation Amendment Act 2011. 12
`867 Continued application of existing ch 18, pt 2 13
`(1) This section applies if an application for a disease test order is 14
made, but not finally decided, under chapter 18, part 2 before 15
the commencement of sections 78 to 80 of the amending Act. 16
`(2) Chapter 18, part 2, as in force immediately before the 17
commencement of sections 78 to 80 of the amending Act, 18
continues to apply for deciding the application. 19
`868 Amendment of regulation by amending Act does not 20
affect powers of Governor in Council 21
`The amendment of the Police Powers and Responsibilities 22
Regulation 2000 by the amending Act does not affect the 23
power of the Governor in Council to further amend the 24
regulation or to repeal it.'. 25
Page 78
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 101]
Clause 101 Amendment of sch 5 (Additional controlled activity 1
offences) 2
Schedule 5, part 2, section 9, `the Prostitution Act 1999, 3
section 73 (Public soliciting for purposes of prostitution).'-- 4
omit, insert-- 5
`the following provisions of the Prostitution Act 1999-- 6
· section 73 (Public soliciting for purposes of 7
prostitution) 8
· section 77A(2), (3)(a) or (b) (Prostitute providing sexual 9
intercourse or oral sex without a prophylactic).'. 10
Clause 102 Amendment of sch 6 (Dictionary) 11
(1) Schedule 6, definitions authorised assistant, mall, 12
responsibilities code and suspect-- 13
omit. 14
(2) Schedule 6-- 15
insert-- 16
`amending Act, for chapter 24, part 11, see section 866. 17
ancillary conduct, for chapter 10, see section 220A. 18
applied section, for chapter 4, part 5, division 4, subdivision 19
1, see section 101A. 20
authorised assistant means a person who-- 21
(a) is not a police officer; and 22
(b) in the opinion of the responsible officer at a crime scene, 23
has specialised knowledge or skills of a kind necessary 24
for exercising a power mentioned in section 176(1) at 25
the crime scene; and 26
(c) is asked by the responsible officer or an investigating 27
police officer to exercise the power. 28
Examples-- 29
· a doctor, pathologist or forensic scientist 30
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 102]
· a photographer or fingerprint expert 1
· an electrician or carpenter 2
· a person who can operate an excavator or another machine 3
child DNA sampling offence-- 4
(a) in relation to a DNA sample order, see section 488B; or 5
(b) in relation to a forensic procedure consent, means-- 6
(i) a child DNA sampling offence within the meaning 7
of section 488B; or 8
(ii) an offence against the Criminal Code of rape or 9
incest that involves penetration of a penis into the 10
victim's vagina, if the victim is an adult. 11
controlled activity offence, for chapter 10, see section 221. 12
deemed fine option order, for chapter 4, part 5, division 4, 13
subdivision 1, see section 101A. 14
DNA sample order see section 488E(1). 15
extended noise abatement direction see section 581A(4). 16
forensic nurse examiner means a nurse who-- 17
(a) is a health service employee under the Health Services 18
Act 1991; and 19
(b) has a qualification prescribed under a regulation. 20
mall means a mall established under the City of Brisbane Act 21
2010 or the Local Government Act 2009. 22
non-performance amount, for chapter 4, part 5, division 4, 23
subdivision 1, see section 101A. 24
parent, of a child, for chapter 17, part 5, division 3A, see 25
section 488C. 26
pat-down search means a search of a person conducted by 27
quickly running the hands over the person's outer garments. 28
prosecuting authority, in relation to a criminal proceeding, 29
means the entity responsible for prosecuting the proceeding. 30
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 2 Amendment of Police Powers and Responsibilities Act 2000
[s 102]
QPS website means the website used by the commissioner to 1
provide public access to information about matters relating to 2
this Act. 3
Editor's note-- 4
The QPS website is at . 5
SPER see the State Penalties Enforcement Act 1999, schedule 6
2. 7
suspect-- 8
(a) for chapter 11, see section 229; or 9
(b) for chapter 15A, part 2, see section 441B.'. 10
(3) Schedule 6, definition civilian participant, `for chapter 11, see 11
section 229.'-- 12
omit, insert-- 13
`for-- 14
(a) chapter 10, see section 220A; or 15
(b) chapter 11, see section 229.'. 16
(4) Schedule 6, definition frisk search, paragraph (a)-- 17
omit, insert-- 18
`(a) a pat-down search of a person; and'. 19
(5) Schedule 6, definition parent, after `chapter 17'-- 20
insert-- 21
`other than part 5, division 3A'. 22
(6) Schedule 6, definition public official, paragraph (c), after 23
`under the'-- 24
insert-- 25
`City of Brisbane Act 2010 or the'. 26
(7) Schedule 6, definition search, paragraph (a), `frisk search'-- 27
omit, insert-- 28
`a frisk search or pat-down search of'. 29
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 3 Amendment of Police Powers and Responsibilities Regulation 2000
[s 103]
Part 3 Amendment of Police Powers 1
and Responsibilities 2
Regulation 2000 3
Clause 103 Regulation amended 4
This part amends the Police Powers and Responsibilities 5
Regulation 2000. 6
Note-- 7
See also the schedule. 8
Clause 104 Insertion of new pt 2A, div 4 9
Part 2A-- 10
insert-- 11
`Division 4 Other matters 12
`8MA Qualifications prescribed for forensic nurse 13
examiners 14
`For the Act, schedule 6, definition forensic nurse examiner, 15
paragraph (b), the qualification prescribed is a Graduate 16
Certificate of Nursing (Forensic) from the Monash University. 17
`8MB Standard prescribed for forensic laboratories 18
`(1) For the Act, section 489(4)(b), the standard prescribed is 19
ISO/IEC 17025 `General requirements for the competence of 20
testing and calibration laboratories' (2005). 21
`(2) In this section-- 22
ISO/IEC means a standard published jointly by the 23
International Organisation for Standardisation and the 24
International Electrotechnical Commission.'. 25
Page 82
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 3 Amendment of Police Powers and Responsibilities Regulation 2000
[s 105]
Clause 105 Omission of s 16 (Responsibilities code) 1
Section 16-- 2
omit. 3
Clause 106 Replacement of pt 4 (Transitional regulations for relevant 4
offences for surveillance device warrants) 5
Part 4-- 6
omit, insert-- 7
`Part 4 Provisions about search 8
warrants, obtaining 9
documents, and crime scenes 10
`Division 1 Search warrants 11
`17 Search warrant application--Act, s 150(5)(b) and (c) 12
`(1) For the Act, section 150(5)(b), an application for a search 13
warrant must state, for each search warrant issued in the 14
previous year in relation to the place or a person suspected of 15
being involved in the commission of the offence or suspected 16
offence, or the confiscation related activity, to which the 17
application relates-- 18
(a) when and where the warrant was issued; and 19
(b) the type of offence or confiscation related activity to 20
which the warrant related; and 21
(c) whether anything was seized under the warrant or a 22
proceeding was started after a search. 23
`(2) For the Act, section 150(5)(c), an application for a search 24
warrant must state the following-- 25
(a) the applicant's name, rank, registered number and 26
station; 27
(b) a description of the place to be searched; 28
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 106]
(c) for an occupied place, the name of the occupier of the 1
place, if known; 2
(d) the offence, suspected offence or confiscation related 3
activity to which the application relates or, for a 4
forfeiture proceeding, the Act under which the 5
proceeding may be started; 6
(e) a description of the nature of the thing sought that is 7
reasonably suspected of being evidence of the 8
commission of the offence or confiscation related 9
evidence in relation to the confiscation related activity; 10
(f) information or evidence being relied on to support a 11
reasonable suspicion that evidence of the commission of 12
an offence or the confiscation related evidence is at the 13
place, or is likely to be taken to the place within the next 14
72 hours; 15
(g) if authority to exercise any of the following powers is 16
being sought--why it is necessary to exercise the 17
power-- 18
(i) power to search anyone found at the place for 19
anything sought under the warrant that can be 20
concealed on the person; 21
(ii) power to search anyone or anything in, on or about 22
to board, or be put on, a transport vehicle; 23
(iii) power to take a vehicle to, and search for evidence 24
of the commission of an offence that may be 25
concealed in the vehicle at, a place with 26
appropriate facilities for searching the vehicle; 27
Examples for paragraph (g)-- 28
1 Power to search anyone found at the place may be necessary 29
because the nature of the thing sought may be concealed on 30
a person. 31
2 Power to search anyone or anything in, on or about to board, 32
or be put on, a transport vehicle may be necessary because 33
the offence relates to a transport vehicle and involves the 34
safety of the vehicle or anyone who may be in or on it. 35
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 106]
3 Power to take a vehicle to a place with appropriate facilities 1
for searching the vehicle may be necessary because the 2
nature of the thing sought may be concealed in a vehicle or 3
because the vehicle needs to be scientifically examined. 4
(h) if authority to execute the warrant at night is being 5
sought, why it is necessary to execute the warrant at 6
night; 7
Example for paragraph (h)-- 8
It may be necessary to execute the warrant at night for an early 9
morning search to prevent the loss or destruction of evidence, or 10
because the occupier is only at the place at night. 11
(i) for an application for an order requiring a stated person 12
to give to a police officer stated documents--the name 13
or position of the person to be ordered to produce the 14
documents and a description of the documents the 15
person is ordered to produce. 16
`18 Statement to accompany copy of search 17
warrant--Act, s 158(3) 18
`For the Act, section 158(3), the statement to be given to the 19
occupier of a place with a copy of the search warrant must 20
state the following-- 21
(a) the nature of the powers a police officer may exercise 22
under the warrant; 23
(b) the senior police officer present during the search must, 24
as soon as reasonably practicable, state the officer's 25
name, rank and station or, if not in uniform, state he or 26
she is a police officer and produce his or her identity 27
card for inspection; 28
(c) the occupier may ask another police officer present for 29
his or her name, rank and station and, if not in uniform, 30
he or she, if asked, must produce his or her identity card 31
for inspection; 32
(d) the effect of the Act, sections 622, 623, 626, 681 and 33
691. 34
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 3 Amendment of Police Powers and Responsibilities Regulation 2000
[s 106]
`Division 2 Post-search approval 1
`19 Post-search approval application--Act, s 161(2)(c) 2
`For the Act, section 161(2)(c), an application for a 3
post-search approval order must state the following-- 4
(a) the applicant's name, rank, registered number and 5
station; 6
(b) information or evidence relied on to support a 7
reasonable suspicion-- 8
(i) in the circumstances existing before the search, 9
that evidence of the commission of an offence was 10
at or about the place, or in the possession of a 11
person at or about the place, and would have been 12
concealed or destroyed unless the place was 13
immediately entered and searched; or 14
(ii) that a part 2 offence has been, is being, or may be 15
committed in, on or in relation to a transport 16
vehicle and involves the safety of the vehicle or 17
anyone who may be in or on it; 18
(c) in relation to the thing sought--the type of offence in 19
relation to which the search was conducted, or the Act 20
under which a forfeiture proceeding may be started; 21
(d) the nature of the thing sought that was reasonably 22
suspected of being evidence of the commission of an 23
offence; 24
(e) the time, date and place of the search; 25
(f) a description of anything seized because of the search; 26
(g) if known, the name, age and address of each person 27
detained or searched; 28
(h) information about any proceeding started against a 29
person, before or because of the search, for an offence in 30
relation to which the search was conducted; 31
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 106]
(i) if an order under the Act, section 693 or 694, for the 1
retention, disposal, return or destruction of anything 2
seized is sought, why the order should be made. 3
`20 Report about post-search approval application 4
`(1) This section applies if a police officer considers the 5
commissioner should appeal against a decision of a magistrate 6
to order the disposal, destruction or return of a thing seized 7
because of a search to prevent loss of evidence. 8
`(2) The police officer must give to the commissioner a report 9
explaining the reasons for appealing against the order. 10
`(3) The report must be accompanied by-- 11
(a) a copy of the application; and 12
(b) a copy of any transcript of the proceeding; and 13
(c) an affidavit identifying any relevant document and 14
stating anything else relevant to the appeal. 15
`Division 3 Crime scenes 16
`21 Crime scene warrant application--Act, s 170(2)(c) 17
`For the Act, section 170(2)(c), an application for a crime 18
scene warrant must state the following-- 19
(a) the applicant's name, rank, registered number and 20
station; 21
(b) a description of the place to which the application 22
relates; 23
(c) for a crime scene that is an occupied place-- 24
(i) the name of the occupier of the place, if known; 25
and 26
(ii) when the occupier was given notice of the 27
application or, if the occupier has not been given 28
notice, why notice has not been given; 29
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 106]
(d) information or evidence being relied on to reasonably 1
satisfy the issuer of the warrant that-- 2
(i) a seven year imprisonment offence or an offence 3
involving deprivation of liberty happened at the 4
place; or 5
(ii) there may be at the place evidence, of a significant 6
probative value, of the commission of a serious 7
violent offence that happened somewhere else; 8
(e) whether the application is to establish a crime scene or 9
relates to a crime scene established under the Act, 10
section 165; 11
(f) the suspected offence to which the application relates; 12
(g) if the crime scene is a secondary crime scene, when and 13
where the relevant offence was committed, if known; 14
(h) why it is necessary to protect the place to search for and 15
gather evidence of the commission of the suspected 16
offence; 17
(i) information about any proceeding started against a 18
person for the offence for which the crime scene is, or is 19
to be, established. 20
`22 Application for extension of crime scene 21
warrant--Act, s 173(3) 22
`(1) For the Act, section 173(3), an application for the extension of 23
a crime scene warrant must state the following-- 24
(a) the applicant's name, rank, registered number and 25
station; 26
(b) when and where the crime scene was established; 27
(c) for a crime scene that is an occupied place--when the 28
occupier was given notice of the application or, if the 29
occupier has not been given notice, why notice has not 30
been given; 31
(d) what investigations have been conducted at the crime 32
scene; 33
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 106]
(e) why it is necessary to extend the warrant; 1
(f) information about any proceeding started against a 2
person for the offence for which the crime scene was 3
established; 4
(g) the time for which the extension is sought. 5
`(2) The application must be accompanied by a copy of the 6
original warrant. 7
`23 Statement to accompany copy of crime scene 8
warrant--Act, s 175(3) 9
`For the Act, section 175(3), the statement to be given to the 10
occupier of a place with a copy of the crime scene warrant 11
must state the following-- 12
(a) the nature of the powers a police officer may exercise at 13
the crime scene; 14
(b) the responsible officer at the crime scene must, as soon 15
as reasonably practicable, state the officer's name, rank 16
and station, and, if not in uniform, state he or she is a 17
police officer and produce his or her identity card for 18
inspection; 19
(c) the occupier may ask another police officer present for 20
his or her name, rank and station and, if not in uniform, 21
the officer, if asked, must produce his or her identity 22
card for inspection; 23
(d) the effect of the Act, sections 179, 622, 623, 626, 681 24
and 691. 25
`Division 4 Production notices 26
`24 Production notice application--Act, s 180(3)(b) 27
and (c) 28
`(1) For the Act, section 180(3)(b), an application for a production 29
notice must state, for each production notice issued within the 30
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 3 Amendment of Police Powers and Responsibilities Regulation 2000
[s 106]
previous year in relation to the person suspected of being 1
involved in the commission of the offence or suspected 2
offence or the confiscation related activity to which the 3
application relates-- 4
(a) when and where the notice was issued; and 5
(b) the type of offence or confiscation related activity to 6
which the notice related; and 7
(c) whether anything was seized or a proceeding started 8
because of the notice. 9
`(2) For the Act, section 180(3)(c), an application for a production 10
notice must state the following-- 11
(a) the applicant's name, rank, registered number and 12
station; 13
(b) the name of the cash dealer to be given the notice; 14
(c) the offence, suspected offence or confiscation related 15
activity to which the application relates or, for a 16
forfeiture proceeding, the Act under which the 17
proceeding may be started; 18
(d) the nature of the documents sought; 19
Examples-- 20
· documents relating to transactions conducted by B between 21
31 December 2008 and 1 July 2010 22
· documents relating to mortgages or property sales to which 23
B is a party 24
(e) information or evidence being relied on to support a 25
reasonable suspicion that documents held by the cash 26
dealer may be-- 27
(i) evidence of the commission of the offence; or 28
(ii) confiscation related evidence in relation to the 29
confiscation related activity; 30
(f) the applicant suspects that someone other than the cash 31
dealer committed the offence or suspected offence or 32
was involved in the confiscation related activity. 33
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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[s 106]
`25 Access order application--Act, s 185(3) 1
`(1) For the Act, section 185(3), an application for an access order 2
must state the following-- 3
(a) the applicant's name, rank, registered number and 4
station; 5
(b) the name of the cash dealer to whom the application 6
relates; 7
(c) the nature of the documents sought under the production 8
notice to which the application relates; 9
(d) the cash dealer has produced documents it claims 10
contain privileged communications; 11
(e) an outline of any reason given by the cash dealer for 12
claiming the documents contain privileged 13
communications; 14
(f) when notice of the application was given to the cash 15
dealer; 16
(g) why access to the documents is necessary; 17
(h) the type of order sought. 18
`(2) The application must be accompanied by-- 19
(a) a copy of the application for the production notice; and 20
(b) a copy of the production notice given to the cash dealer; 21
and 22
(c) the sealed container or envelope containing the relevant 23
documents. 24
`Division 5 Production orders 25
`26 Production order application--Act, s 189(3)(b) 26
and (c) 27
`(1) For the Act, section 189(3)(b), an application for a production 28
order must state, for each production order issued within the 29
Page 91
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Part 3 Amendment of Police Powers and Responsibilities Regulation 2000
[s 106]
previous year in relation to the person to whom the 1
application relates-- 2
(a) when and where the order was issued; and 3
(b) how long the order was in force; and 4
(c) the type of confiscation offence or serious crime related 5
activity to which the order related; and 6
(d) how the order helped in the investigation or another 7
investigation; and 8
(e) information about any proceeding started because of the 9
use of the production order. 10
`(2) For the Act, section 189(3)(c), an application for a production 11
order must state the following-- 12
(a) the applicant's name, rank, registered number and 13
station; 14
(b) the name of the person to whom the application relates; 15
(c) the name of the person to be given the production order 16
(the named person); 17
(d) the confiscation offence or serious crime related activity 18
to which the application relates; 19
(e) the nature of the property tracking documents sought 20
under the production order; 21
(f) information or evidence being relied on to support a 22
reasonable suspicion the named person possesses a 23
document that may be a relevant property tracking 24
document. 25
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`Part 5 Covert evidence gathering 1
powers 2
`Division 1 Monitoring orders and suspension 3
orders 4
`27 Monitoring order and suspension order 5
application--Act, ss 199(2)(b) and 205(2)(b) 6
`(1) For the Act, sections 199(2)(b)(ii) and 205(2)(b)(ii), an 7
application for a monitoring order or a suspension order must 8
state, for each monitoring order or suspension order issued in 9
the previous year in relation to an account held with the 10
financial institution by the person about whom the application 11
is made-- 12
(a) when and where the order was issued; and 13
(b) how long the order was in force; and 14
(c) the type of confiscation offence, serious crime related 15
activity or serious crime derived property to which the 16
order related; and 17
(d) how the order helped in the investigation or another 18
investigation; and 19
(e) information about any proceeding started because of the 20
use of the order. 21
`(2) For the Act, sections 199(2)(b)(iii) and 205(2)(b)(iii), an 22
application for a monitoring order or suspension order must 23
state the following-- 24
(a) the applicant's name, rank, registered number and 25
station; 26
(b) the name of the financial institution to be given the 27
order; 28
(c) the name of the person about whom the application is 29
made (the named person); 30
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(d) the confiscation offence, serious crime related activity 1
or serious crime derived property to which the 2
application relates; 3
(e) information or evidence being relied on to support a 4
reasonable suspicion that the named person-- 5
(i) has committed, or is about to commit, the 6
confiscation offence; or 7
(ii) was involved in the commission, or is about to be 8
involved in the commission, of the confiscation 9
offence; or 10
(iii) has benefited directly or indirectly, or is about to 11
benefit directly or indirectly, from the commission 12
of the confiscation offence; or 13
(iv) has been, or is about to be, involved in the serious 14
crime related activity; or 15
(v) has acquired directly or indirectly, or is about to 16
acquire directly or indirectly, the serious crime 17
derived property; 18
(f) the name or names in which each relevant account with 19
the financial institution is believed to be held; 20
(g) the type of information the financial institution is to be 21
required to give. 22
`Division 2 Use of surveillance devices under 23
surveillance warrants 24
`28 Security of facilities used under a surveillance device 25
warrant 26
`(1) This section applies to premises containing equipment being 27
used by an interceptor to electronically record a conversation 28
or visual images under a surveillance device warrant. 29
`(2) The premises must-- 30
(a) be capable of being locked; and 31
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(b) have suitable facilities for securely storing recordings 1
made under the warrant; and 2
(c) be used in a way that prevents anyone outside it from 3
hearing or seeing anything being listened to or 4
monitored. 5
`(3) The interceptor must take reasonable steps to ensure-- 6
(a) only police officers helping or involved in the 7
investigation, other interceptors and persons authorised 8
under subsection (4) enter the premises; and 9
(b) when the premises are unattended, the premises are 10
locked and any recordings made under the warrant are 11
securely stored at the premises or another secure place. 12
`(4) The following persons are also authorised to enter the 13
premises-- 14
(a) the police officer who applied for the surveillance 15
device warrant; 16
(b) a person responsible for the management of the 17
premises; 18
(c) a person appointed by the commissioner to investigate 19
misconduct; 20
(d) anyone else the interceptor permits to be present for 21
helping in or monitoring the investigation. 22
`(5) This section does not apply to the exercise of powers in 23
Queensland under a corresponding warrant or corresponding 24
emergency authorisation. 25
`Division 3 Covert searches 26
`29 Covert search warrant application--Act, s 212(2)(b) 27
and (c) 28
`(1) For the Act, section 212(2)(b), an application for a covert 29
search warrant must state, for each warrant issued in the 30
previous year in relation to the place or person suspected of 31
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being involved in the organised crime related offence, 1
designated offence or terrorism to which the application 2
relates-- 3
(a) the type of warrant; and 4
(b) when and where the warrant was issued; and 5
(c) for a surveillance device warrant or covert search 6
warrant, how long the warrant was in force; and 7
(d) whether the warrant related to a person or a place; and 8
(e) the type of offence to which the warrant related; and 9
(f) any evidence seized during a search; and 10
(g) how a previous covert search or surveillance device 11
warrant helped in the investigation or another 12
investigation; and 13
(h) information about any proceeding started after the 14
search or use of the surveillance device. 15
`(2) For the Act, section 212(2)(c), an application for a covert 16
search warrant must state the following-- 17
(a) the applicant's name, rank, registered number and 18
station; 19
(b) a description of the place to be searched; 20
(c) the type of organised crime related offence, designated 21
offence or terrorism to which the application relates; 22
(d) for an occupied place--if known, the name of the 23
occupier of the place and any person reasonably 24
suspected of being involved in the offence; 25
(e) a description of the nature of the thing sought that is 26
reasonably suspected of being evidence of the 27
commission of an organised crime related offence, 28
designated offence or terrorism; 29
(f) information or evidence being relied on to satisfy a 30
judge there are reasonable grounds for believing there is 31
evidence of the organised crime, designated offence or 32
terrorism at the place. 33
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`30 Application for extension of covert search 1
warrant--Act, s 217(3) 2
`For the Act, section 217(3), an application for an extension of 3
a covert search warrant must state the following-- 4
(a) the applicant's name, rank, registered number and 5
station; 6
(b) a description of the place to be searched; 7
(c) for an occupied place--if known, the name of the 8
occupier of the place and any person reasonably 9
suspected of being involved in the offence; 10
(d) the type of organised crime related offence, designated 11
offence or terrorism to which the warrant relates; 12
(e) a description of the nature of the thing sought that is 13
reasonably suspected of being evidence of the 14
commission of an organised crime related offence, 15
designated offence or terrorism; 16
(f) information or evidence being relied on to satisfy a 17
judge there are reasonable grounds for believing there is 18
evidence of organised crime, a designated offence or 19
terrorism at the place; 20
(g) information included in the application for the covert 21
search warrant about each warrant issued in the previous 22
year in relation to the place or person suspected of being 23
involved in the organised crime, designated offence or 24
terrorism to which the application relates. 25
`31 Report on covert search--Act, s 220(3) 26
`For the Act, section 220(3), a report on the exercise of 27
powers under a covert search warrant must be accompanied 28
by a copy of the warrant and state the following-- 29
(a) the reporting police officer's name, rank, registered 30
number and station; 31
(b) the organised crime related offence, designated offence 32
or terrorism to which the warrant relates; 33
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(c) when the powers under the warrant were exercised; 1
(d) the facts and circumstances of compliance with the 2
warrant and the conditions of its issue; 3
(e) particulars of anything seized, inspected or 4
photographed under the warrant; 5
(f) a description of any order sought in relation to anything 6
seized or photographed under the warrant and the reason 7
for the order. 8
Examples of an order-- 9
· an order that anything seized and any photograph taken be 10
retained for the purpose of the investigation of the organised 11
crime related offence or another serious indictable offence 12
· an order that anything seized and any photograph taken be 13
retained for the purpose of a proceeding started under the 14
Confiscation Act relating to an offence arising out of the 15
investigation 16
· an order that anything seized and any photograph taken be 17
retained for use as evidence in the prosecution of the 18
persons named in the application 19
· an order that a thing seized be destroyed in a way the 20
commissioner considers appropriate 21
`Part 6 Arrest and custody powers 22
`32 Application for order to take DNA sample from 23
child--Act, s 488 24
`For the Act, section 488, an application for an order of the 25
Childrens Court authorising a DNA sampler to take a DNA 26
sample from a child for DNA analysis must state the 27
following-- 28
(a) the applicant's name, rank, registered number and 29
station; 30
(b) the name of the child; 31
(c) a stated indictable offence has been committed; 32
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(d) information or evidence that may be relied on to support 1
a reasonable suspicion that the child has committed the 2
indictable offence; 3
(e) taking a DNA sample for DNA analysis may tend to 4
prove or disprove the child's involvement in the offence; 5
(f) notice of the making of the application has been given 6
under the Act, section 488(3) and when the notice was 7
given to each of the persons mentioned in that 8
subsection. 9
`33 Disease test order application--Act, s 540(3)(c) 10
`For the Act, section 540(3)(c), an application for a disease 11
test order must state the following-- 12
(a) the applicant's name, rank, registered number and 13
station; 14
(b) the name of the person to whom the application relates; 15
(c) a stated chapter 18 offence has been committed; 16
(d) taking a blood or urine sample may help find out 17
whether the person may have transmitted a relevant 18
disease to the victim of the offence or another person; 19
(e) information supporting the application and indicating 20
semen, blood, saliva or another bodily fluid may have 21
been transmitted to another person during or soon after 22
the commission of the offence; 23
(f) the person to whom the application relates has been 24
advised of the person's right to have a lawyer present at 25
the hearing of the application; 26
(g) if the person to whom the application relates is a 27
child--notice of the application has been given under 28
the Act, section 541(2) and when the notice was given to 29
each of the persons mentioned in that subsection. 30
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`Part 7 Investigations and questioning 1
for indictable offences 2
`34 Removal order application--Act, s 399(4)(c) 3
`For the Act, section 399(4)(c), an application for a removal 4
order must state the following-- 5
(a) the applicant's name, rank, registered number and 6
station; 7
(b) the name and age of the person to whom the application 8
relates; 9
(c) where the person is held in custody; 10
(d) whether the person is in custody for an offence that has 11
not been decided, or under sentence for a term of 12
imprisonment or, for a child, under a detention order; 13
(e) the type of indictable offence to which the questioning 14
or investigation relates; 15
(f) whether the removal of the person into police custody is 16
for questioning the person or for a stated investigative 17
procedure; 18
(g) whether the person has been advised of the application; 19
(h) information or evidence about the nature and 20
seriousness of the offence; 21
(i) information or evidence that may be relied on-- 22
(i) to support a suspicion the person has committed 23
the offence mentioned in the application; and 24
(ii) to satisfy a magistrate removal of the person from a 25
prison or detention centre is necessary for 26
questioning the person or the investigation of the 27
offence. 28
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`35 Application for extension of detention period--Act, 1
s 405(2) 2
`For the Act, section 405(2), the application must state the 3
following-- 4
(a) the applicant's name, rank, registered number and 5
station; 6
(b) the following information about the person to whom the 7
application relates-- 8
(i) the person's name, age and address; 9
(ii) whether the person is in custody under the 10
Corrective Services Act 2006 or the Youth Justice 11
Act 1992 for an offence that has not been decided 12
or under a sentence for a term of imprisonment or, 13
for a child, a detention order; 14
(iii) whether the person is an Aborigine, a Torres Strait 15
Islander, a child or a person with impaired 16
capacity; 17
(iv) if the person is a child--whether a parent of the 18
child has been advised of the child's detention; 19
(c) whether, since the questioning or detention started, the 20
person has asked to telephone or speak to a relative, 21
friend or lawyer and has since spoken to a relative, 22
friend, lawyer or support person; 23
(d) when the detention period started, how long the person 24
has been questioned and what delays to questioning 25
have happened; 26
(e) the offence to which the questioning or investigation 27
relates and information and evidence about the nature 28
and seriousness of the offence; 29
(f) information or evidence supporting a reasonable 30
suspicion the relevant person has committed the offence 31
mentioned in the application; 32
(g) what investigations have taken place; 33
(h) why further detention of the person is necessary; 34
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(i) the time sought for time out, the purpose of the time out 1
and the period of time sought for questioning. 2
`Part 8 The register 3
`36 Searches of persons 4
`The following information about an enforcement act 5
consisting of a search of a person must be included in the 6
register of enforcement acts-- 7
(a) if known, the name of the person; 8
(b) when and where the person was searched; 9
(c) the purpose of the search; 10
(d) whether the search involved the removal of outer 11
clothing in circumstances requiring the search to be 12
conducted out of public view; 13
(e) for a search because of a reasonable suspicion--how 14
long the person was detained for the search; 15
(f) a description of anything seized because of the search; 16
(g) information about the return, destruction or disposal of 17
anything seized. 18
`37 Searches of vehicles 19
`The following information about an enforcement act 20
consisting of a search of a vehicle must be included in the 21
register of enforcement acts-- 22
(a) if known, the name of the person in possession of the 23
vehicle and anyone detained; 24
(b) the registration number or a description of the vehicle; 25
(c) when and where the search took place; 26
(d) the purpose of the search; 27
(e) how long the vehicle was detained for the search; 28
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(f) a description of anything seized because of the search; 1
(g) whether anything was damaged because of the search; 2
(h) information about the return, destruction or disposal of 3
anything seized. 4
`38 Searches of places other than vehicles 5
`The following information about an enforcement act 6
consisting of a search of a place other than a vehicle must be 7
included in the register of enforcement acts-- 8
(a) if known, the name of the person in possession of the 9
place and anyone detained; 10
(b) when and where the search took place; 11
(c) the purpose of the search; 12
(d) a description of anything seized because of the search; 13
(e) whether anything was damaged because of the search; 14
(f) information about the return, destruction or disposal of 15
anything seized. 16
`39 Arrests and detentions 17
`(1) This section applies to an enforcement act consisting of an 18
arrest, the detention of a person detained for investigations or 19
questioning under chapter 15, or the questioning of a person 20
to whom chapter 15, part 3 applies. 21
`(2) The following information must be included in the register of 22
enforcement acts-- 23
(a) if known, the name of the person; 24
(b) when the person was arrested or detained; 25
(c) for an arrest, where a person is held; 26
(d) for a person detained, each place to which the person is 27
taken to or held for investigations or questioning, and 28
when; 29
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(e) any significant event affecting the time for which 1
questioning was suspended or delayed, for example, 2
because of a time out period and the purpose of the time 3
out; 4
(f) any apparent injury the person received during the arrest 5
or detention. 6
`40 Search warrants 7
`The following information about an enforcement act 8
consisting of the exercise of powers relating to a search 9
warrant must be included in the register of enforcement acts-- 10
(a) when and where the warrant was issued; 11
(b) if known, the name of the person mentioned in the 12
application for the search warrant as the person 13
suspected of being involved in the offence, suspected 14
offence or confiscation related activity to which the 15
application relates; 16
(c) the type of offence or the confiscation related activity to 17
which the warrant related; 18
(d) if the search warrant related to an existing or proposed 19
forfeiture proceeding--the type of forfeiture proceeding 20
to which the warrant related; 21
(e) the benefits derived from the warrant, including, for 22
example, anything seized during the search and any 23
proceeding started after the search. 24
`41 Production notices 25
`The following information about an enforcement act 26
consisting of the exercise of powers relating to a production 27
notice must be included in the register of enforcement acts-- 28
(a) when and where the notice was issued; 29
(b) if known, the name of the person mentioned in the 30
application for the production notice as the person 31
suspected of being involved in the offence, suspected 32
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offence or confiscation related activity to which the 1
application relates; 2
(c) the type of offence or the confiscation related activity to 3
which the production notice related; 4
(d) if the production notice related to an existing or 5
proposed forfeiture proceeding--the type of forfeiture 6
proceeding to which the production notice related; 7
(e) the benefits derived from the production notice, 8
including, for example, any document produced under 9
the notice and any proceeding started after the document 10
was produced; 11
(f) information about the return of any document produced. 12
`42 Production orders 13
`The following information about an enforcement act 14
consisting of the exercise of powers relating to a production 15
order must be included in the register of enforcement acts-- 16
(a) when and where the order was issued; 17
(b) if known, the name of the person mentioned in the 18
application for the production order as the person who 19
was found guilty of the confiscation offence, is 20
suspected of having committed the confiscation offence 21
or is suspected of having engaged in the serious crime 22
related activity to which the application relates; 23
(c) the type of confiscation offence or serious crime related 24
activity to which the production order related; 25
(d) the benefits derived from the production order, 26
including, for example, any document produced under 27
the order and any proceeding started after the document 28
was produced; 29
(e) information about the return of any document produced. 30
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`43 Things seized other than during a search 1
`The following information about things seized other than 2
during a search must be included in the register of 3
enforcement acts-- 4
(a) if known, the name of the person from whom the thing 5
was seized; 6
(b) when and where it was seized; 7
(c) the reason it was seized; 8
(d) a description of the thing seized; 9
(e) information about the return, destruction or disposal of 10
the thing. 11
`44 Directions given 12
`The following information about a direction given to a person 13
under the Act, section 48 must be included in the register of 14
enforcement acts-- 15
(a) when the direction was given; 16
(b) the location of the person when given the direction; 17
(c) the name of the person given the direction, if known; 18
(d) the reason for giving the direction; 19
(e) the apparent demographic category of the person. 20
`45 Exclusions of support persons from questioning 21
`The following information about an enforcement act 22
consisting of the exclusion from questioning, under chapter 23
15, part 3, division 4 or 5 of a relative, friend or support 24
person must be included in the register of enforcement acts-- 25
(a) the excluded person's name; 26
(b) when and why the person was excluded; 27
(c) whether an electronic record was made of the reason for 28
the exclusion and if not, why not; 29
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(d) if questioning resumed after the person's 1
exclusion--when questioning resumed; 2
(e) if another support person was present during 3
questioning when questioning resumed--that person's 4
name. 5
`46 Monitoring orders and suspension orders 6
`The following information about an application for a 7
monitoring order or suspension order must be recorded in the 8
register of covert acts-- 9
(a) when and where the application for the order was made; 10
(b) the name of the financial institution mentioned in the 11
application; 12
(c) the name of the person in relation to whom the 13
application was made; 14
(d) whether or not the order was issued; 15
(e) if the order was issued-- 16
(i) the type of information the financial institution was 17
required to give; and 18
(ii) how long the order was in force; 19
(f) the benefits derived from the order, including, for 20
example-- 21
(i) any proceeding started; and 22
(ii) a brief description of how using the order helped in 23
the investigation of the suspected confiscation 24
offence or serious crime related activity or in 25
identifying, locating or quantifying the suspected 26
serious crime derived property in relation to which 27
the order was issued. 28
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`Part 9 Dealing with things in the 1
possession of police service 2
`47 Receipt for seized property--Act, s 622(4) 3
`For the Act, section 622(4), a receipt given for a thing seized 4
must include the following-- 5
(a) the date and time the thing was seized; 6
(b) if taken from a person--the name, address and 7
telephone contact number of the person, if known; 8
(c) if taken from an occupied place--the name, the address 9
and telephone contact number of the occupier of the 10
place, if known; 11
(d) a description of the thing seized; 12
(e) the name, rank, station and telephone contact number of 13
the police officer who seized the thing; 14
(f) where the thing will be taken, if known; 15
(g) the date the receipt is issued. 16
`48 Order after property seized--Act, s 694(3) or 695(4) 17
`An application under the Act, section 694(3) or 695(4) for an 18
order relating to a seized thing must state the following-- 19
(a) the applicant's name, rank, registered number and 20
station; 21
(b) a description of the thing; 22
(c) the circumstances of the seizure, including, for example, 23
if the thing was seized under a search warrant; 24
(d) relevant information about the thing, including, for 25
example, the following-- 26
(i) the nature of any interest a person has in the thing; 27
(ii) the approximate value of the thing; 28
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(iii) whether the thing may be needed as evidence in a 1
proceeding and the type of offence or forfeiture 2
proceeding for which it may be evidence; 3
(e) the order sought; 4
(f) the reasons for seeking the order.'. 5
Clause 107 Omission of sch 10 (Responsibilities code) 6
Schedule 10-- 7
omit. 8
Part 4 Amendment of Evidence Act 9
1977 10
Clause 108 Act amended 11
This part amends the Evidence Act 1977. 12
Clause 109 Amendment of s 95A (DNA evidentiary certificate) 13
(1) Section 95A(4) and (5), `chief executive'-- 14
omit, insert-- 15
`responsible person'. 16
(2) Section 95A(9), definition chief executive-- 17
omit. 18
(3) Section 95A(9)-- 19
insert-- 20
`responsible person means-- 21
(a) if the DNA analyst is appointed under section 22
133A(4)--the chief executive officer, however 23
described, of the forensic laboratory; or 24
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[s 110]
(b) otherwise--the chief executive of the department within 1
which the Health Services Act 1991 is administered.'. 2
Clause 110 Amendment of s 133A (DNA analysts) 3
Section 133A-- 4
insert-- 5
`(3) Subsection (4) applies if the commissioner of the police 6
service has entered into an arrangement with a forensic 7
laboratory under the Police Powers and Responsibilities Act 8
2000, section 489(4)(b). 9
`(4) The chief executive officer, however described, of the forensic 10
laboratory may, by notice in writing, appoint an officer or 11
employee of the laboratory as a DNA analyst if satisfied the 12
officer or employee has the necessary qualifications and 13
experience to be a DNA analyst. 14
`(5) The appointment takes effect-- 15
(a) on the day the notice is given to the officer or employee; 16
or 17
(b) if a later day is stated in the notice--the later day.'. 18
Part 5 Amendment of State Penalties 19
Enforcement Act 1999 20
Clause 111 Act amended 21
This part amends the State Penalties Enforcement Act 1999. 22
Clause 112 Amendment of s 34 (Default in paying fine, penalty or 23
other amount under court order) 24
Section 34(1)-- 25
insert-- 26
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`(i) a revocation order under the Police Powers and 1
Responsibilities Act 2000, section 102C(1).'. 2
Part 6 Minor and consequential 3
amendments 4
Clause 113 Legislation amended 5
The schedule amends the legislation it mentions. 6
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
Schedule Legislation amended 1
section 113 2
Justices Act 1886 3
1 Section 23EB(1)-- 4
insert-- 5
`(d) has not failed to appear before the court as required by a 6
notice to appear.'. 7
2 Section 49, from `meantime'-- 8
omit, insert-- 9
`meantime may-- 10
(a) commit the defendant; or 11
(b) whether or not the defendant is in custody-- 12
(i) grant the defendant bail; or 13
(ii) allow the defendant to go at large without bail; or 14
(c) give a direction requiring the defendant to appear before 15
the court at a certain time and place.'. 16
3 Section 88(2)(b)-- 17
omit, insert-- 18
`(b) may, whether or not the defendant is in custody-- 19
(i) grant the defendant bail; or 20
(ii) allow the defendant to go at large without bail; or 21
(iii) give a direction requiring the defendant to appear 22
before the court at a certain time and place.'. 23
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Schedule
4 Section 133(2)-- 1
insert-- 2
`(c) give a direction requiring the defendant to appear before 3
the court at a certain time and place.'. 4
5 Section 142(1), after `defendant's appearance'-- 5
insert-- 6
`or that the defendant was given a direction requiring the 7
defendant to appear before the court at a certain time and 8
place'. 9
Police Powers and Responsibilities Act 2000 10
1 Section 17(3), `Editor's note'-- 11
omit, insert-- 12
`Note'. 13
2 Section 19(2), `Editor's note'-- 14
omit, insert-- 15
`Note'. 16
3 Section 20(2), `Editor's note'-- 17
omit, insert-- 18
`Note'. 19
4 Section 21(1), `Editor's note'-- 20
omit, insert-- 21
`Note'. 22
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
5 Section 26(1)(b), `Editor's note'-- 1
omit, insert-- 2
`Note'. 3
6 Section 43(3), from `if the person--' to `either--' 4
omit, insert-- 5
`if-- 6
(a) the person either--'. 7
7 Section 55(3), `Editor's note'-- 8
omit, insert-- 9
`Note'. 10
8 Section 58(2), `Editor's note'-- 11
omit, insert-- 12
`Note'. 13
9 Section 66(1), after `approved form'-- 14
insert-- 15
`(a defect notice)'. 16
10 Section 66(8), definition defect notice-- 17
omit. 18
11 Section 66(8), definition owner, `motor'-- 19
omit. 20
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
12 Section 69A(2)(e)(i), `this Act'-- 1
omit, insert-- 2
`section 66'. 3
13 Section 69A(4), after `section 80'-- 4
insert-- 5
`of the Road Use Management Act'. 6
14 Section 73A(2), note, `police service website' 7
omit, insert-- 8
`QPS website'. 9
15 Section 78(8), `police service internet website'-- 10
omit, insert-- 11
`QPS website'. 12
16 Section 79(9), `police service internet website'-- 13
omit, insert-- 14
`QPS website'. 15
17 Section 108B(1), example, `subsection (1)'-- 16
omit, insert-- 17
`this subsection'. 18
18 Section 118(5), `Also'-- 19
omit, insert-- 20
`In addition'. 21
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
19 Section 118(6), `police service internet website'-- 1
omit, insert-- 2
`QPS website'. 3
20 Section 140, heading, `Recovery'-- 4
omit, insert-- 5
`Disposal'. 6
21 Section 143(1), `Editor's note'-- 7
omit, insert-- 8
`Note'. 9
22 Section 150(5)(b), `required under the responsibilities 10
code'-- 11
omit, insert-- 12
`prescribed under a regulation'. 13
23 Section 150(5)-- 14
insert-- 15
`(c) state the information prescribed under a regulation.'. 16
24 Section 158-- 17
insert-- 18
`(3) The statement under subsection (1) must include the 19
information prescribed under a regulation.'. 20
25 Section 161(2)-- 21
omit, insert-- 22
`(2) The application must-- 23
(a) be sworn; and 24
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
(b) state the grounds on which it is sought; and 1
(c) state the information prescribed under a regulation.'. 2
26 Section 170(2)-- 3
omit, insert-- 4
`(2) The application must-- 5
(a) be sworn; and 6
(b) state the grounds on which it is sought; and 7
(c) state the information prescribed under a regulation.'. 8
27 Section 173-- 9
insert-- 10
`(3) The application must include the information prescribed 11
under a regulation.'. 12
28 Section 175-- 13
insert-- 14
`(3) The statement under subsection (1) must include the 15
information prescribed under a regulation.'. 16
29 Section 180(3)(b), `required under the responsibilities 17
code'-- 18
omit, insert-- 19
`prescribed under a regulation'. 20
30 Section 180(3)-- 21
insert-- 22
`(c) state the information prescribed under a regulation.'. 23
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
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31 Section 185-- 1
insert-- 2
`(2A) The application must include the information prescribed 3
under a regulation.'. 4
32 Section 185(2A) and (3)-- 5
renumber as section 185(3) and (4). 6
33 Section 189(3)(b), `specified in the responsibilities 7
code'-- 8
omit, insert-- 9
`prescribed under a regulation'. 10
34 Section 189(3)-- 11
insert-- 12
`(c) state the information prescribed under a regulation.'. 13
35 Section 199(2)(b)(ii), `required under the responsibilities 14
code'-- 15
omit, insert-- 16
`prescribed under a regulation'. 17
36 Section 199(2)(b)-- 18
insert-- 19
`(iii) state the information prescribed under a 20
regulation.'. 21
37 Section 205(2)(b)(ii), `required under the responsibilities 22
code'-- 23
omit, insert-- 24
`prescribed under a regulation'. 25
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
38 Section 205(2)(b)-- 1
insert-- 2
`(iii) state the information prescribed under a 3
regulation.'. 4
39 Section 212(2)(b), `required under the responsibilities 5
code'-- 6
omit, insert-- 7
`prescribed under a regulation'. 8
40 Section 212(2)-- 9
insert-- 10
`(d) state the information prescribed under a regulation.'. 11
41 Section 217-- 12
insert-- 13
`(2A) An application under subsection (2) must include the 14
information prescribed under a regulation.'. 15
42 Section 217(2A) to (4)-- 16
renumber as section 217(3) to (5). 17
43 Section 220-- 18
insert-- 19
`(2A) The report must include the information prescribed under a 20
regulation.'. 21
44 Section 220(4), `subsection (6)'-- 22
omit, insert-- 23
`subsection (7)'. 24
Page 119
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
45 Section 220(2A) to (6)-- 1
renumber as section 220(3) to (7). 2
46 Section 230(8)-- 3
renumber as section 230(7). 4
47 Section 365(3), `Editor's note'-- 5
omit, insert-- 6
`Note'. 7
48 Section 382(1), `Editor's note'-- 8
omit, insert-- 9
`Note'. 10
49 Section 394(4), `Editor's note'-- 11
omit, insert-- 12
`Note'. 13
50 Section 399(4)-- 14
omit, insert-- 15
`(4) The application must-- 16
(a) be made in person; and 17
(b) be sworn and state the grounds on which the order is 18
sought; and 19
(c) state the information prescribed under a regulation.'. 20
51 Section 405-- 21
insert-- 22
`(1A) The application must include the information prescribed 23
under a regulation.'. 24
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
52 Section 405(1A) to (6)-- 1
renumber as section 405(2) to (7). 2
53 Section 416, `Editor's note'-- 3
omit, insert-- 4
`Note'. 5
54 Section 419(4), `Editor's note'-- 6
omit, insert-- 7
`Note'. 8
55 Section 431(1), `the responsibilities code'-- 9
omit, insert-- 10
`section 431A'. 11
56 Section 436(2), after `if'-- 12
insert-- 13
`reasonably'. 14
57 Section 437(5), `the responsibilities code'-- 15
omit, insert-- 16
`section 437A'. 17
58 Section 481(3), `section 477(a)'-- 18
omit, insert-- 19
`section 477(1)(a)'. 20
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
59 Section 487(4), `Editor's note'-- 1
omit, insert-- 2
`Note'. 3
60 Section 488-- 4
insert-- 5
`(2A) The application must include the information prescribed 6
under a regulation.'. 7
61 Section 488(5)(b), `authorise'-- 8
omit, insert-- 9
`authorises'. 10
62 Section 536(5), definition prosecuting authority-- 11
omit. 12
63 Section 540(3)-- 13
omit, insert-- 14
`(3) The application must-- 15
(a) be written; and 16
(b) state the grounds on which it is made; and 17
(c) state the information prescribed under a regulation.'. 18
64 Section 597(2), `Editor's note'-- 19
omit, insert-- 20
`Note'. 21
65 Section 614(1)(a), `under a surveillance device warrant' -- 22
omit. 23
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
66 Section 617(2), `the responsibilities code'-- 1
omit, insert-- 2
`chapter 15A'. 3
67 Section 622(4), from `required'-- 4
omit, insert-- 5
`prescribed under a regulation.'. 6
68 Section 637(2)(a)(ii), `; or'-- 7
omit, insert-- 8
`;'. 9
69 Section 658, heading-- 10
omit, insert-- 11
`658 Requirements prescribed under a regulation'. 12
70 Section 658, `provision of the responsibilities code'-- 13
omit, insert-- 14
`requirement prescribed under a regulation'. 15
71 Section 664-- 16
insert-- 17
`(4) The register must include the information prescribed under a 18
regulation.'. 19
72 Section 666(3), `specified in the responsibilities code'-- 20
omit, insert-- 21
`prescribed under a regulation'. 22
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
73 Section 667(f), `; or'-- 1
omit, insert-- 2
`;'. 3
74 Section 668(h), `the responsibilities code'-- 4
omit, insert-- 5
`a regulation'. 6
75 Section 669(f), `the responsibilities code'-- 7
omit, insert-- 8
`a regulation'. 9
76 Section 670(2)(l), `the responsibilities code'-- 10
omit, insert-- 11
`a regulation'. 12
77 Section 672(2)(a), `CMC--CMC's'-- 13
omit, insert-- 14
`the CMC--the CMC's'. 15
78 Section 675(3), `Editor's note'-- 16
omit, insert-- 17
`Note'. 18
79 Section 679(1), from `required'-- 19
omit, insert-- 20
`prescribed under a regulation is recorded in the register of 21
enforcement acts.'. 22
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
80 Section 680(2)(a), `CMC--CMC's'-- 1
omit, insert-- 2
`the CMC--the CMC's'. 3
81 Section 694-- 4
insert-- 5
`(2A) The application must include the information prescribed 6
under a regulation.'. 7
82 Section 694(2A) to (5)-- 8
renumber as section 694(3) to (6). 9
83 Section 695-- 10
insert-- 11
`(2A) The application must include the information prescribed 12
under a regulation.'. 13
84 Section 695(4)-- 14
omit, insert-- 15
`(4) The application must-- 16
(a) state the information prescribed under a regulation; and 17
(b) be accompanied by any warrant under which the thing 18
was seized.'. 19
85 Section 695(5), `specified in the responsibilities code'-- 20
omit, insert-- 21
`prescribed under a regulation'. 22
86 Section 695(2A) to (5)-- 23
renumber as section 695(3) to (6). 24
Page 125
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
87 Section 710(3), `police service website'-- 1
omit, insert-- 2
`QPS website'. 3
88 Section 724(7), definition prosecuting authority-- 4
omit. 5
89 Section 740(5)(c), before `CMC'-- 6
insert-- 7
`the'. 8
90 Section 783, heading, after `Sale'-- 9
insert-- 10
`or disposal'. 11
91 Section 791(2), penalty, paragraph (a), after `offence;'-- 12
insert-- 13
`or'. 14
92 Section 800(1), from `a warrant,' to `91(6), a'-- 15
omit, insert-- 16
`an impounding order or forfeiture order, an order under 17
section 85(6), 85A(6), 86(5), 90(6), 90A(6), 91(6), a warrant, 18
approval, production notice, production order,'. 19
93 Chapter 24, heading and chapter 24, part 1, heading-- 20
omit, insert-- 21
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
`Chapter 24 Repeals and transitional 1
provisions 2
`Part 1 Acts repealed'. 3
94 Chapter 24, part 2, division 1, heading-- 4
omit. 5
95 Section 812, heading, `div 1'-- 6
omit, insert-- 7
`pt 2'. 8
96 Section 812, definition repealed Act, paragraph (b), 9
before `Gaming'-- 10
insert-- 11
`the'. 12
97 Chapter 24, part 5, division 6, heading-- 13
omit. 14
98 Schedule 2, heading, `Relevant'-- 15
omit, insert-- 16
`Controlled activity offences, and relevant'. 17
99 Schedule 2, authorising provision, `sections 229'-- 18
omit, insert-- 19
`sections 221(2), definition controlled activity offence, 229, 20
definition relevant offence'. 21
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
100 Schedule 5, section 1, fourth dot point, and section 5, 1
first dot point, `section 408D'-- 2
omit, insert-- 3
`section 408E'. 4
101 Schedule 5, section 10, `section 50'-- 5
omit, insert-- 6
`section 50(1)'. 7
102 Schedule 6, definition chapter 18 offences-- 8
omit, insert-- 9
`chapter 18 offence see section 538.'. 10
103 Schedule 6, definition domestic violence order, after 11
`see'-- 12
insert-- 13
`the'. 14
104 Schedule 6, definition noxious or offensive substance, 15
after `see'-- 16
insert-- 17
`the'. 18
105 Schedule 6, definition offensive weapon, after `see'-- 19
insert-- 20
`the'. 21
106 Schedule 6, definition prison, after `see'-- 22
insert-- 23
`the'. 24
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Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
107 Schedule 6, definition prisoner, after `see'-- 1
insert-- 2
`the'. 3
108 Schedule 6, definition private conversation, paragraph 4
(b), `that indicate'-- 5
omit. 6
109 Schedule 6, definition serious crime derived property, 7
after `see'-- 8
insert-- 9
`the'. 10
110 Schedule 6, definition state building, after `see'-- 11
insert-- 12
`the'. 13
111 Schedule 6, definition surveillance powers-- 14
omit. 15
112 Schedule 6, definition term of imprisonment, after `see'-- 16
insert-- 17
`the'. 18
113 Schedule 6, definition weapon, paragraph (b), after 19
`see'-- 20
insert-- 21
`the'. 22
Page 129
Police Powers and Responsibilities and Other Legislation Amendment Bill 2011
Schedule
Police Powers and Responsibilities Regulation 2000 1
1 Section 14-- 2
omit, insert-- 3
`14 Legal aid organisation 4
`The Aboriginal and Torres Strait Islander Legal Service (Qld) 5
Ltd (ATSILS) is a legal aid organisation for the Act, schedule 6
6, definition legal aid organisation.'. 7
2 Section 16A-- 8
omit. 9
3 Schedule 3-- 10
insert-- 11
`Prostitution Act 1999 12
Weapons Act 1990'. 13
4 Schedule 8-- 14
omit. 15
© State of Queensland 2011
Page 130
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