Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
POLICE POWERS AND
RESPONSIBILITIES BILL
1997
Queensland
POLICE POWERS AND
RESPONSIBILITIES BILL 1997
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Compliance with Act by police officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 2--Act does not affect certain laws
6 Act does not affect constable's common law powers etc. . . . . . . . . . . . . . . 11
7 Act does not affect court's common law discretion to exclude evidence . . 12
Division 3--Act's relationship to other Acts
8 Relationship to other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
9 Inconsistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Division 4--Public official appointment powers in other Acts
10 Appointment of police officers as public officials for other Acts . . . . . . . . 13
11 Exercise of powers under other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
12 Authorising provisions of other Acts of no effect . . . . . . . . . . . . . . . . . . . . . 14
PART 2--POWERS FOR ENTRY, INSPECTION, INQUIRIES,
ARREST AND CRIME SCENES
13 General power to enter to make inquiries, investigations or serve
documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
14 Power to enter etc. for relevant Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Power to enter to arrest or detain someone or execute warrant . . . . . . . . . . 16
16 Gaining access to crime scenes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2
Police Powers and Responsibilities
17 Initial establishment of crime scene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
18 Crime scene warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
19 Way of establishing a crime scene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
20 Powers at crime scene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
21 Copy of crime scene warrant to be given to occupier . . . . . . . . . . . . . . . . . 20
22 Exercise of crime scene powers in public place . . . . . . . . . . . . . . . . . . . . . . 21
23 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PART 3--ROADBLOCKS AND TRAFFIC RELATED POWERS
24 Roadblocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
25 Powers relating to roads and traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
PART 4--SEARCHING PEOPLE AND VEHICLES WITHOUT A
WARRANT
26 Searching persons without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
27 Searching vehicles without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
PART 5--SEARCHING PEOPLE, PLACES AND VEHICLES
WITH A WARRANT
28 Search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
29 Powers under search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
30 Copy of warrant to be given to occupier . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
31 Search to prevent loss of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
32 Notice to produce documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
33 Procedural requirements--notice to produce . . . . . . . . . . . . . . . . . . . . . . . . . 32
PART 6--POWER TO SEIZE EVIDENCE
34 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
PART 7--POWERS RELATING TO ARREST
Division 1--Arrest generally
35 Arrest without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
36 Arrest with warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
37 Power of arrest for offences committed outside the State . . . . . . . . . . . . . . 35
38 Arrest may be discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
39 Person arrested to be taken before justice . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 2--Alternative to arrest
40 Notice to appear may be issued for offence . . . . . . . . . . . . . . . . . . . . . . . . . 37
3
Police Powers and Responsibilities
41 Notice to appear form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
42 Notice to appear must be filed in court without cost to person . . . . . . . . . . 38
43 General particulars only are required on a notice to appear . . . . . . . . . . . . 38
44 Particulars of notice to appear offence must be given in the proceeding . . 39
45 Notice to appear equivalent to a complaint and summons . . . . . . . . . . . . . 39
46 Court may order immediate arrest of person who fails to appear . . . . . . . . 39
47 Court must strike out notice to appear if service insufficient . . . . . . . . . . . 40
PART 8--INVESTIGATIONS AND QUESTIONING
48 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
49 Removal of persons from lawful custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
50 Initial period of detention for investigation or questioning . . . . . . . . . . . . . . 41
51 Extension of detention period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
52 Effect of unforeseen delays on detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
53 Effect of another arrest on questioning period . . . . . . . . . . . . . . . . . . . . . . . . 44
54 When does detention period start for offenders arrested outside
Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
55 Persons helping in covert investigations not under arrest . . . . . . . . . . . . . . . 45
PART 9--POWERS IN RELATION TO PERSONS IN CUSTODY
Division 1--Search of persons in custody
56 Search of persons in custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 2--Taking identifying particulars
57 Power to fingerprint, photograph etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
58 Destruction of identifying particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
59 Identification of suspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Division 3--Medical and dental procedures
60 Consent or approval needed for performing medical or dental procedure . . 49
61 Presence of independent person required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
62 Performing medical and dental procedures with consent . . . . . . . . . . . . . . . 51
63 Magistrate may approve performance of medical or dental procedure . . . . 52
64 Performing medical and dental procedures without consent . . . . . . . . . . . . 53
65 Power to analyse samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
66 Samples and test results to be given to person . . . . . . . . . . . . . . . . . . . . . . . 54
4
Police Powers and Responsibilities
PART 10--SURVEILLANCE POWERS
67 Certain Acts do not apply to this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
68 Surveillance warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
69 Emergency use of surveillance devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
70 Powers under surveillance warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
71 Disclosure of information obtained using surveillance warrant . . . . . . . . . . 59
72 Register to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
73 Destruction of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
74 Covert search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
75 Powers under covert search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
76 Report on covert search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
77 Application of the Invasion of Privacy Act . . . . . . . . . . . . . . . . . . . . . . . . . . 65
78 Register of surveillance and covert search warrants and applications . . . . 65
79 Public interest monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
80 Monitor's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
81 Monitor's annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
82 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 11--POWER TO GIVE DIRECTIONS IN NOTIFIED
AREAS AND OTHER PLACES
Division 1--Directions to move-on
83 When part applies to behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
84 When part applies to a person's presence . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
85 Division does not apply to authorised public assemblies . . . . . . . . . . . . . . . 69
86 Proposal for notified area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
87 Declaration of notified areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
88 Direction may be given to person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Division 2--Breaches of the peace and riots
89 Dealing with breach of the peace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
90 Prevention of riot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 12--STANDARD SAFEGUARDS
Division 1--Application of part
91 Part does not apply to covert operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
5
Police Powers and Responsibilities
Division 2--Right to remain silent not affected
92 Right to remain silent not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
Division 3--Safeguards ensuring rights of and fairness to persons
questioned for indictable offences
93 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
94 When is a person "in custody" for this part . . . . . . . . . . . . . . . . . . . . . . . . . . 72
95 Right to communicate with friend, relative or lawyer . . . . . . . . . . . . . . . . . 72
96 Questioning of Aboriginal people and Torres Strait Islanders . . . . . . . . . . . 73
97 Questioning of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
98 Questioning of person after proceeding started . . . . . . . . . . . . . . . . . . . . . . . 75
99 Cautioning of persons in custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
100 Provision of information relating to a person in custody . . . . . . . . . . . . . . . 75
101 Right to interpreter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
102 Right of foreign national to communicate with embassy etc. . . . . . . . . . . . 76
103 Rights of a person in custody to be electronically recorded . . . . . . . . . . . . 77
104 Recording of confessions and admissions . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
105 List of interview friends and interpreters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
106 When sections 9597, 100 and 102 do not apply . . . . . . . . . . . . . . . . . . . . . 79
Division 4--Safeguards for things seized during searches
107 Receipt for seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
108 Requirements after property is seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
109 Right to inspect seized documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
110 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 5--Other safeguards
111 Protecting the dignity of persons during search . . . . . . . . . . . . . . . . . . . . . . . 82
112 Supplying police officer's details etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
113 Information to be given to arrested person . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
114 Parent and chief executive must be advised of arrest of child . . . . . . . . . . 84
115 Police officer to consider alternatives to proceeding against child . . . . . . . 84
116 Limitation on period of detention for search . . . . . . . . . . . . . . . . . . . . . . . . . 85
117 Persons to be given copy of information in register . . . . . . . . . . . . . . . . . . . 85
118 Record of execution of warrant or order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
6
Police Powers and Responsibilities
119 Alternative accommodation to be provided in some cases . . . . . . . . . . . . . 86
PART 13--ASSAULT OR OBSTRUCTION OF POLICE
OFFICERS
120 Assault etc. of police officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
PART 14--MISCELLANEOUS POWERS
121 Prevention of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
122 Entry of place to prevent offence or injury . . . . . . . . . . . . . . . . . . . . . . . . . . 87
123 Police officer may use assistance in exercising certain powers . . . . . . . . . 87
124 Protection for assistants from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
125 Power to use force--exercise of certain powers . . . . . . . . . . . . . . . . . . . . . . 88
126 Power to use force against individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
127 Power to use force against individuals in critical situations . . . . . . . . . . . . 89
PART 15--GENERAL
128 Performance of duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
129 Obtaining warrants, orders and authorities, etc., by telephone or
similar facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
130 Protection of methodologies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
131 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
132 Availability of responsibilities code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
133 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
134 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
135 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
136 Transitional provision about exercise of public official's powers . . . . . . . . 93
137 Transitional provision about noncompliance with requirements for
warrants etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
138 Transitional provision about change in way powers may be exercised . . . . 94
139 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 95
ACTS NOT AFFECTED BY THIS ACT
7
Police Powers and Responsibilities
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 96
ACTS AMENDED
JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
POLICE SERVICE ADMINISTRATION ACT 1990 . . . . . . . . . . . . . . . . . . 96
TRAFFIC ACT 1949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 98
DICTIONARY
1997
A BILL
FOR
An Act about the powers and responsibilities of police officers
s1 10 s4
Police Powers and Responsibilities
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1--Preliminary 3
Division
title 4
Short
1. This Act may be cited as the Police Powers and Responsibilities Act 5
1997. 6
7
Commencement
2. This Act commences on a day to be fixed by proclamation or 8
6 April 1998, whichever happens first. 9
10
Dictionary
3. The dictionary in schedule 3 defines words used in this Act. 11
of Act 12
Purposes
4. The purposes of this Act are as follows-- 13
(a) to consolidate and rationalise the powers and responsibilities 14
police officers have for investigating offences and enforcing the 15
law; 16
(b) to provide additional powers necessary for effective modern 17
policing and law enforcement; 18
(c) to provide consistency in the nature and extent of the powers and 19
responsibilities of police officers; 20
(d) to standardise the way the powers and responsibilities of police 21
officers are to be exercised; 22
(e) to ensure fairness to, and protect the rights of, persons against 23
s5 11 s6
Police Powers and Responsibilities
whom police officers exercise powers under this Act; 1
(f) to enable the public to better understand the nature and extent of 2
the powers and responsibilities of police officers. 3
with Act by police officers 4
Compliance
5.(1) It is Parliament's intention that police officers should comply with 5
this Act in exercising powers and performing responsibilities under it. 6
(2) For ensuring compliance with Parliament's intention, a police officer 7
who contravenes this Act may be dealt with as provided by law. 8
9
Examples--
10
1. A minor contravention, such as, for example, forgetting to fill in a register, may
11
be dealt with by correction by way of counselling under the Police Service
12
(Discipline) Regulation 1990, section 11.
13
2. A breach may amount to misconduct under the Police Service Administration
14
Act 1990 because, for example, a police officer maliciously strip-searches a suspect
15
in a public place.
16
3. A breach may amount to official misconduct under the Criminal Justice Act
17
1989 because, for example, a police officer improperly discloses to a criminal
18
information obtained through the use of a listening device.
19
4. A breach may amount to an offence of deprivation of liberty under the Criminal
20
Code, section 355, because a police officer deliberately holds a person in custody for
21
questioning several hours after the end of a detention period and has no intention of
22
applying for an extension of the period under this Act.
2--Act does not affect certain laws 23
Division
does not affect constable's common law powers etc. 24
Act
6. Unless this Act otherwise provides, this Act does not affect-- 25
(a) the powers, obligations and liabilities a constable has at common 26
law; or 27
(b) the powers a police officer may lawfully exercise as an individual, 28
including for example, powers for protecting property. 29
s7 12 s9
Police Powers and Responsibilities
does not affect court's common law discretion to exclude evidence 1
Act
7. This Act does not affect the common law under which a court in a 2
criminal proceeding may exclude evidence in the exercise of its discretion. 3
3--Act's relationship to other Acts 4
Division
to other Acts 5
Relationship
8.(1) This Act does not affect the powers or responsibilities a police 6
officer has under an Act included in schedule 1. 7
(2) However, subsection (1) does not prevent a police officer from 8
exercising a power or performing a responsibility under this Act the police 9
officer does not have under an Act included in schedule 1. 10
11
Example--
12
The police officer may use reasonable force under this Act to enter a place to
13
detain a person without warrant under the Mental Health Act 1984 because that Act
14
does not include a provision allowing the police officer to use reasonable force to
15
enter the place.
(3) Also, this Act does not affect the powers or responsibilities a police 16
officer has under an Act prescribed under a regulation for this section. 17
(4) Subsection (2) also applies to an Act prescribed under a regulation 18
under subsection (3). 19
(5) Subsections (3) and (4) and this subsection expire 2 years after the 20
commencement of this section. 21
22
Inconsistency
9.(1) This section applies to a provision of another Act that confers 23
powers or imposes responsibilities on a police officer. 24
(2) To the extent of any inconsistency, this Act prevails over the other 25
Act, whether enacted before or after this Act. 26
(3) This section applies subject to section 8. 27
s 10 13 s 11
Police Powers and Responsibilities
4--Public official appointment powers in other Acts 1
Division
of police officers as public officials for other Acts 2
Appointment
10.(1) This section applies if an Act (the "authorising law") authorises 3
someone (the "appointer") to appoint public officials for enforcing the 4
authorising law. 5
(2) Despite the authorising law, the appointer may appoint a police 6
officer as a public official under the authorising law only with the 7
commissioner's written approval to the proposed appointment. 8
(3) The commissioner may approve the proposed appointment only if 9
the commissioner is satisfied the police officer proposed to be appointed 10
has the necessary experience or expertise to be a public official for the 11
authorising law. 12
(4) A police officer may exercise powers as a public official under an 13
authorising law only if the commissioner approves the police officer's 14
appointment under this section. 15
(5) If, under the authorising law, the commissioner is the appointer for 16
police officers, this section does not prevent the commissioner from 17
appointing a police officer as a public official under the authorising law. 18
of powers under other Acts 19
Exercise
11.(1) This section applies if an Act (the "authorising law") authorises 20
a public official to perform functions in relation to a person or thing. 21
(2) However, this section only applies to a police officer who is not a 22
public official for the authorising law. 23
(3) If a public official asks, a police officer may help the public official 24
perform the public official's functions under the authorising law. 25
(4) Before the police officer helps the public official, the public official 26
must explain to the police officer the powers the public official has under 27
the authorising law. 28
(5) A police officer has, while helping a public official, the same powers 29
and protection under the authorising law as the public official has. 30
s 12 14 s 13
Police Powers and Responsibilities
provisions of other Acts of no effect 1
Authorising
12. Sections 10 and 11 apply to the exclusion of a provision of any other 2
Act passed before the commencement of sections 10 and 11 that authorised 3
a police officer to perform a function of a public official. 4
ART 2--POWERS FOR ENTRY, INSPECTION, 5
P
INQUIRIES, ARREST AND CRIME SCENES 6
power to enter to make inquiries, investigations or serve 7
General
documents 8
13.(1) This section does not authorise entry to a private place if a 9
provision of this Act or another Act provides for entry under a search 10
warrant in the particular circumstances. 11
12
Example for subsection (1)--
13
The entry may be to a public area of a place such as a nightclub.
(2) The purpose of this section is to ensure a police officer performing a 14
function of the police service may enter and stay on a place in circumstances 15
that may otherwise constitute trespass. 16
(3) A police officer may enter a place and stay for a reasonable time on 17
the place to inquire into or investigate a matter.1 18
19
Examples for subsection (3)--
20
1. The entry may be for finding out if an offence is being or has been committed
21
on the place.
22
2. The entry may be for finding out if a person reasonably suspected of being
23
involved in the commission of an offence is at the place.
24
3. The entry may be for finding out if a missing person is in the place.
(4) Also, a police officer may enter and stay for a reasonable time on a 25
place to serve a document. 26
1 For safeguards for this section, see section 112 (Supplying police officer's
details etc.)
s 14 15 s 14
Police Powers and Responsibilities
(5) However, if the place is premises used exclusively for residential 1
purposes, a police officer may enter the premises exclusively used for 2
residential purposes only with the consent of the occupier. 3
(6) Also, the police officer may use minimal force to enter the place. 4
5
Example for subsection (6)--
6
Turning a door handle to open an unlocked door and opening the door.
to enter etc. for relevant Acts 7
Power
14.(1) A police officer may, for a relevant Act, do any of the following-- 8
(a) at any reasonable time, enter and stay on a place used for a 9
purpose under a licence under the relevant Act; 10
(b) inspect, photograph or copy anything required to be kept under 11
the relevant Act; 12
(c) take possession of a thing to which the relevant Act applies, if the 13
thing is evidence of the commission of an offence against the Act 14
or another Act; 15
(d) require the licence holder or someone else apparently in 16
possession of documents or things the person is required or 17
permitted to keep under the relevant Act to produce stated 18
documents or things for inspection; 19
(e) inspect security measures the person must maintain under the 20
relevant Act; 21
(f) require the licence holder or person apparently in possession of a 22
place mentioned in paragraph (a) to give to the police officer 23
reasonable help.2 24
(2) A person must comply with a requirement made under 25
subsection (1)(d) or (f), unless the person has a reasonable excuse. 26
Maximum penalty--20 penalty units. 27
(3) Also, a police officer may only enter a part of a place not used for the 28
2 For safeguards for this section, see part 12 (Standard safeguards), particularly
division 4 (Safeguards for things seized during searches) and division 5 (Other
safeguards).
s 15 16 s 16
Police Powers and Responsibilities
purpose for which entry is made but only to get to the place used for the 1
purpose. 2
(4) In this section-- 3
"licence" includes authority, exemption and permit. 4
"place" includes land on which there is a dwelling and any part of a 5
dwelling used as a place of business or for another purpose under the 6
relevant Act. 7
"relevant Act" means an Act prescribed under a regulation for this section. 8
to enter to arrest or detain someone or execute warrant 9
Power
15.(1) A police officer may enter and stay for a reasonable time on a 10
place to arrest a person, or detain a person under another Act, or arrest a 11
person named in a warrant.3 12
(2) However, the police officer may enter a dwelling to arrest or detain a 13
person only if the police officer reasonably suspects the person to be 14
arrested or detained is at the dwelling. 15
(3) A police officer who enters a place under this section may search the 16
place for the person. 17
(4) In this section-- 18
"arrest", in relation to a person named in a warrant, includes apprehend, 19
take into custody, detain, and remove to another place for examination 20
or treatment. 21
access to crime scenes 22
Gaining
16. It is lawful for a police officer-- 23
(a) to enter a place to reach another place that may be a crime scene; 24
and 25
(b) to enter a place that may be a crime scene and stay on the place 26
3 For safeguards for this section, see sections 112 (Supplying police officer's
details etc.) and 113 (Information to be given to arrested person).
s 17 17 s 18
Police Powers and Responsibilities
for the time reasonably necessary to decide whether or not to 1
establish a crime scene. 2
establishment of crime scene 3
Initial
17.(1) If a police officer enters a place that may be a crime scene, or is 4
lawfully at a place, and decides the place is a crime scene, the police officer 5
(the "responsible officer") may establish a crime scene and exercise the 6
powers in section 20. 7
(2) As soon as reasonably practicable after the responsible officer 8
establishes the crime scene, a police officer must apply under section 18 for 9
a crime scene warrant. 10
(3) If the judge or magistrate refuses to issue a crime scene warrant, 11
subsection (1) stops having effect.4 12
scene warrant 13
Crime
18.(1) A police officer may apply to a magistrate for a warrant (a "crime 14
scene warrant") to establish a crime scene on a place. 15
(2) However, if it is intended to do something that may cause structural 16
damage to a building, the thing must not be done unless an application is 17
made to a Supreme Court judge for a crime scene warrant. 18
(3) Subsection (2) applies whether or not a magistrate has issued a crime 19
scene warrant for the place. 20
(4) The application must be sworn and state the grounds on which it is 21
sought. 22
(5) The occupier of the place-- 23
(a) must be given notice of the making of the application, unless the 24
police officer reasonably suspects giving the notice would 25
frustrate or otherwise hinder the investigation of the offence to 26
which the application relates; and 27
(b) if present when the application is made--is entitled to be heard on 28
4 For safeguards for this section, see section 112 (Supplying police officer's
details etc.).
s 18 18 s 18
Police Powers and Responsibilities
the application. 1
(6) The judge or magistrate (the "issuer") may refuse to consider the 2
application until the police officer gives the issuer all the information the 3
issuer requires about the application in the way the issuer requires. 4
5
Example--
6
The issuer may require additional information supporting the application to be
7
given by statutory declaration.
(7) The issuer may issue the warrant only if the issuer has considered the 8
following and is reasonably satisfied the place is a crime scene-- 9
(a) the time, of not more than 7 days, for which it is reasonable to 10
maintain a crime scene; 11
(b) the nature and seriousness of the suspected offence; 12
(c) the likely extent of interference to be caused to the occupier of the 13
place; 14
(d) any submissions made by the occupier. 15
(8) The warrant must state-- 16
(a) that a stated police officer may establish a crime scene at the place 17
and exercise the powers in section 20; and 18
(b) that a police officer may enter and stay on the place for a stated 19
period, of up to 7 days or, if the period is extended under 20
subsection (10), for the extended period. 21
(9) The warrant stops having effect on the day fixed under the warrant or 22
a later time fixed under subsection (10). 23
(10) The issuer may, on application of a police officer made before a 24
crime scene warrant stops having effect, extend the warrant for a stated 25
reasonable time of not more than 7 days. 26
(11) However, if the application for the warrant was made in the absence 27
and without the knowledge of the occupier of the place or the occupier had a 28
genuine reason for not being present, the occupier may apply to the issuer 29
for an order revoking the warrant. 30
(12) The issuer may revoke or refuse to revoke the warrant. 31
(13) The making of an application under subsection (11) or the Judicial 32
s 19 19 s 20
Police Powers and Responsibilities
Review Act 1991 for review of the warrant's issue does not stay the effect of 1
the warrant. 2
of establishing a crime scene 3
Way
19. A police officer may establish a crime scene in any way that gives the 4
public enough notice that the place is a crime scene. 5
6
Examples--
7
1. A police officer may stand at a door to stop people entering a building and tell
8
them they can not enter the building.
9
2. A police officer may put around a place barricades or tapes indicating the place
10
is a crime scene.
11
3. A police officer may display a written notice stating the place is a crime scene
12
and unauthorised entry is prohibited.
at crime scene 13
Powers
20.(1) The responsible officer or a police officer acting under the 14
direction of the responsible officer may, at a crime scene, do any of the 15
following5-- 16
(a) enter the crime scene; 17
(b) direct a person to leave the crime scene or remove a vehicle from 18
the crime scene; 19
(c) remove from the crime scene a person who fails to comply with a 20
direction to leave the crime scene or a vehicle a person fails to 21
remove from the crime scene; 22
(d) direct a person not to enter the crime scene; 23
(e) prevent a person from entering the crime scene; 24
(f) prevent a person from removing evidence from or otherwise 25
interfering with the crime scene or anything in it and for that 26
purpose, detain and search the person; 27
(g) perform any necessary investigation, including for example, 28
5 For safeguards for this section, see part 12 (Standard safeguards), division 4
(Safeguards for things seized during searches) and division 5 (Other safeguards).
s 21 20 s 21
Police Powers and Responsibilities
inspect the crime scene and anything in it to obtain evidence of the 1
commission of an offence; 2
(h) take electricity for use at the crime scene; 3
(i) direct the occupier of the place or a person apparently involved in 4
the management or control of the place to maintain a continuous 5
supply of electricity at the place; 6
(j) photograph the crime scene and anything in it; 7
(k) seize all or part of a thing that may provide evidence of the 8
commission of an offence; 9
(l) dig up anything at the crime scene; 10
(m) remove wall or ceiling linings or floors of a building, or panels of 11
a vehicle; 12
(n) remove or cause to be removed an obstruction from the crime 13
scene. 14
15
Example for paragraph (k)--
16
It may be necessary to seize and remove a vehicle for scientific examination to
17
obtain evidence that may be in the vehicle.
(2) If it is necessary for a police officer to enter another place to gain 18
access to the crime scene, the police officer may enter the other place. 19
(3) Also, if it is necessary for a police officer to do anything at the place 20
that may cause structural damage to a building, the police officer must not 21
do the thing unless a Supreme Court judge issues a crime scene warrant for 22
the place before the thing is done. 23
(4) An authorised person at a crime scene may also perform a function 24
mentioned in subsection (1)(g), (h), (j), (k), (l), (m) or (n). 25
of crime scene warrant to be given to occupier 26
Copy
21. If a police officer exercises powers under a crime scene warrant for a 27
place that is occupied, the police officer must give to the occupier a copy of 28
the warrant and a statement summarising the person's rights and 29
obligations under the warrant. 30
(2) If the occupier is not present, the police officer must leave the copy in 31
a conspicuous place. 32
s 22 21 s 23
Police Powers and Responsibilities
of crime scene powers in public place 1
Exercise
22.(1) It is lawful for a police officer to exercise powers under 2
section 20(1) in a public place without a crime scene warrant. 3
(2) However, if it is necessary for a police officer to do anything at the 4
public place that may cause structural damage to a building, the police 5
officer must not do the thing unless a Supreme Court judge issues a crime 6
scene warrant for the place before the thing is done. 7
(3) An authorised person at a crime scene may also perform a function 8
mentioned in section 20(1)(g), (h), (j), (k), (l), (m) or (n) in a public place. 9
to require name and address 10
Power
23.(1) This section applies if a police officer-- 11
(a) finds a person committing an offence; or 12
(b) reasonably suspects a person has committed an offence; or 13
(c) reasonably suspects a person may be able to help in the 14
investigation of an alleged indictable offence because the person 15
was near the place where the alleged offence happened before, 16
when, or soon after it happened; or 17
(d) is attempting to execute a warrant or serve a summons or other 18
court document on a person.6 19
(2) The police officer may require the person to state the person's correct 20
name and address. 21
(3) Also, the police officer may require the person to give evidence of the 22
correctness of the stated name or address if, in the circumstances, it would 23
be reasonable to expect the person to be in possession of evidence of the 24
correctness of the stated name and address or to otherwise be able to give 25
the evidence. 26
(4) When making the requirement, the police officer must warn the 27
person it is an offence to fail to state the person's correct name or address or 28
fail to provide evidence of the correctness of the stated name or address, 29
6 For safeguards for this section, see section 112 (Supplying police officer's
details etc.).
s 24 22 s 24
Police Powers and Responsibilities
unless the person has a reasonable excuse. 1
(5) A person must comply with a requirement under subsection (2) or 2
(3), unless the person has a reasonable excuse. 3
Maximum penalty--10 penalty units. 4
(6) A person does not commit an offence against subsection (5) if the 5
person was required to state the person's name and address by a police 6
officer because of subsection (1) and the person is not proved-- 7
(a) for subsection (1)(a) or (b)--to have committed the offence; or 8
(b) for subsection (1)(c)--to have been able to help in the 9
investigation; or 10
(c) for subsection (1)(d)--to be the person named in the warrant, 11
summons or other court document. 12
PART 3--ROADBLOCKS AND TRAFFIC RELATED 13
POWERS 14
15
Roadblocks
24.(1) A police officer may establish a roadblock if the police officer 16
reasonably suspects a roadblock may be effective to apprehend or locate a 17
person in a vehicle who-- 18
(a) has committed a 7 year imprisonment offence; or 19
(b) may be unlawfully depriving someone else of liberty;7 or 20
(c) is being unlawfully deprived of liberty; or 21
(d) has escaped from lawful custody; or 22
(e) may be endangering the life or safety of someone else. 23
(2) A police officer may stop all vehicles or any vehicle at the roadblock 24
and detain each vehicle stopped for the time reasonably necessary to search 25
7 For what is unlawful deprivation of liberty, see the Criminal Code, section 355.
s 25 23 s 25
Police Powers and Responsibilities
it to find out if a person mentioned in subsection (1) is in it. 1
(3) In deciding whether the police officer has the reasonable suspicion for 2
subsection (1), the police officer must have regard to the following-- 3
(a) when and where the relevant circumstances happened; 4
(b) information the police officer has about where the person sought 5
may be travelling in a vehicle. 6
relating to roads and traffic 7
Powers
25.(1) A police officer may give to a driver of a vehicle or animal or to a 8
pedestrian on or about to enter a road, or to a passenger in a vehicle, any 9
direction, signal or order the police officer reasonably considers necessary 10
for the safe and effective regulation of traffic on the road. 11
(2) Also, if an emergency exists, a police officer may give to a driver of 12
or passenger in a train any direction, signal or order the police officer 13
reasonably considers necessary. 14
(3) If a police officer reasonably suspects an emergency exists or it is 15
otherwise necessary to temporarily prohibit, divert or direct traffic, the 16
police officer may take any measure and give or cause to be given any 17
direction, signal or order the police officer reasonably considers necessary 18
or desirable to control traffic and pedestrians on a road. 19
20
Examples for subsection (3)--
21
1. A siege where firearms are being discharged and members of the public may be
22
hurt.
23
2. A serious or fatal road accident requiring treatment of injured persons, removal
24
of bodies, wreckage to be cleared or evidence to be gathered for investigating the
25
cause of the accident.
s 26 24 s 26
Police Powers and Responsibilities
ART 4--SEARCHING PEOPLE AND VEHICLES 1
P
WITHOUT A WARRANT 2
persons without warrant 3
Searching
26.(1) A police officer who reasonably suspects any of the circumstances 4
mentioned in subsection (2) exist may, without a warrant, stop, detain and 5
search a person and anything in the person's possession.8 6
(2) The circumstances for subsection (1) are as follows-- 7
(a) that the person has something that may be-- 8
(i) a weapon the person may not lawfully possess; or 9
(ii) an unlawful dangerous drug; or 10
(iii) stolen property; or 11
(iv) unlawfully obtained property; or 12
(v) tainted property; or 13
(vi) evidence of the commission of a 7 year imprisonment 14
offence the police officer reasonably suspects may be 15
concealed on the person or destroyed; 16
(b) that the person has something that may have been used, is being 17
used, is intended to be used, or is primarily designed for use, as 18
an implement of housebreaking, unlawfully using or stealing a 19
vehicle, or the administration of a dangerous drug; 20
(c) that the person has something the person intends to use to cause 21
harm to himself, herself or someone else. 22
(3) The police officer may seize all or part of a thing that may provide 23
evidence of the commission of an offence. 24
8 For safeguards for searching people, see part 12 (Standard safeguards), division
4 (Safeguards for things seized during searches), sections 111 (Protecting the
dignity of persons during search) and 112 (Supplying police officer's details etc.)
s 27 25 s 27
Police Powers and Responsibilities
vehicles without warrant 1
Searching
27.(1) A police officer who reasonably suspects any of the circumstances 2
mentioned in subsection (2) exist may, without warrant, stop, and detain a 3
vehicle, detain the occupants of the vehicle, and search the vehicle and 4
anything in it. 5
(2) The circumstances for subsection (1) are that the vehicle may have in 6
it something that-- 7
(a) may be a weapon a person may not lawfully possess; or 8
(b) may be an unlawful dangerous drug; or 9
(c) may be stolen property; or 10
(d) may be unlawfully obtained property; or 11
(e) may have been used, is being used, is intended to be used, or is 12
primarily designed for use, as an implement of housebreaking, 13
unlawfully using or stealing a vehicle, or the administration of a 14
dangerous drug; or 15
(f) may be tainted property; or 16
(g) may be evidence of the commission of a 7 year imprisonment 17
offence the police officer reasonably suspects may be concealed 18
or destroyed; or 19
(h) may be something the person intends to use to cause harm to 20
himself, herself or someone else. 21
(3) Also, a police officer may stop, detain and search a vehicle and 22
anything in it if the police officer reasonably suspects the vehicle is being 23
unlawfully used. 24
(4) If the driver or a passenger in the vehicle is arrested for an offence 25
involving something the police officer may search for under this part 26
without a warrant, a police officer may also detain the vehicle and anyone in 27
it and search the vehicle and anything in it. 28
(5) If it is impracticable to search for a thing that may be concealed in a 29
vehicle at the place where the vehicle is stopped, the police officer may take 30
the vehicle to a place with appropriate facilities for searching the vehicle. 31
(6) The police officer may seize all or part of a thing that may provide 32
evidence of the commission of an offence. 33
s 28 26 s 28
Police Powers and Responsibilities
(7) Power under this section to search a vehicle includes power to enter 1
the vehicle, stay on it and re-enter it as often as necessary to remove from it 2
a thing seized under subsection (6). 3
ART 5--SEARCHING PEOPLE, PLACES AND 4
P
VEHICLES WITH A WARRANT 5
warrant 6
Search
28.(1) A police officer may apply to a justice for a warrant to enter and 7
search a place ("search warrant") to obtain evidence of the commission of 8
an offence, other than evidence that may be used in a forfeiture proceeding.9 9
(2) Also, a police officer may apply to a magistrate for a warrant to enter 10
and search a place ("search warrant") to obtain evidence that may be used 11
in a forfeiture proceeding. 12
13
Example--
14
The search may be for evidence for which an application for a restraining order
15
may be made under the Crimes (Confiscation) Act 1989, section 40.
(3) If it is intended to do anything that may cause structural damage to a 16
building, the application must be made to a Supreme Court judge. 17
(4) The application must-- 18
(a) be sworn and state the grounds on which the warrant is sought; 19
and 20
(b) include information specified in the responsibilities code about 21
any warrants issued within the previous year in relation to the 22
place or a person suspected of being involved in the commission 23
of the offence or suspected offence to which the application 24
relates. 25
(5) The justice, magistrate or judge (the "issuer") may refuse to consider 26
the application until the police officer gives the issuer all the information the 27
9 For safeguards for this part, see part 12 (Standard safeguards), division 4
(Safeguards for things seized during searches).
s 28 27 s 28
Police Powers and Responsibilities
issuer requires about the application in the way the issuer requires. 1
2
Example--
3
The issuer may require additional information supporting the application to be
4
given by statutory declaration.
(6) The issuer may issue the warrant only if satisfied there are reasonable 5
grounds for suspecting there is at the place, or is likely to be at the place 6
within the next 72 hours, evidence of the commission of an offence. 7
(7) The warrant must state-- 8
(a) that a stated police officer, or all police officers, may enter the 9
place and exercise the powers under section 29; and 10
(b) if the warrant is issued in relation to-- 11
(i) an offence--the offence for which the warrant is issued; or 12
(ii) a forfeiture proceeding--the Act under which the forfeiture 13
proceeding is authorised; and 14
(c) any evidence that may be seized under the warrant; and 15
(d) if the warrant is to be executed at night--the hours when the place 16
may be entered; and 17
(e) the warrant ends 7 days after it is issued or, if it relates to 18
something likely to be at a place within the next 72 hours, 19
72 hours after it is issued. 20
(8) If the offence has been, is being, or may be committed on or in 21
relation to a transport vehicle and involves the safety of the vehicle or 22
anyone who may be in or on it, the warrant may also state that a police 23
officer may search anyone or anything in or on or about to board, or be put 24
in or on, the vehicle. 25
(9) If the issuer is a magistrate, the magistrate may, in the warrant, direct 26
the person in possession of documents at the place to give to the police 27
officer all documents relevant to the offence. 28
(10) If a magistrate gives a direction under subsection (9), the warrant 29
must also state that failure, without reasonable excuse, to comply with the 30
direction may be dealt with as contempt of a Magistrates Court. 31
(11) If a justice (other than a person who is a justice of the peace because 32
of the Justices of the Peace and Commissioners for Declarations Act 1991, 33
s 29 28 s 29
Police Powers and Responsibilities
section 19(1) or (1A)) refuses to issue a warrant, the police officer may 1
apply to a magistrate for the issue of the warrant. 2
(12) However, the police officer must tell the magistrate that the 3
application is made because a justice refused to issue a warrant. 4
(13) In this section-- 5
"place" does not include a public place. 6
"transport vehicle" means-- 7
(a) an aircraft; or 8
(b) a boat; or 9
(c) a bus; or 10
(d) a train. 11
under search warrants 12
Powers
29. A police officer has the following powers under a search warrant-- 13
(a) power to enter the place specified in the warrant (the "relevant 14
place") and to stay on it for the time reasonably necessary to 15
exercise powers mentioned in this paragraphs (b) to (m); 16
(b) power to pass over, through, along or under another place to enter 17
the relevant place; 18
(c) power to search the relevant place for anything sought under the 19
warrant; 20
(d) power to open anything in the relevant place that is locked; 21
(e) power to detain anyone at the relevant place for the time 22
reasonably necessary to find out if the person has anything sought 23
under the warrant; 24
(f) if the police officer reasonably suspects a person on the relevant 25
place has been involved in the commission of the 26
offence--power to detain the person for the time taken to search 27
the place; 28
(g) power to dig up land; 29
(h) if authorised under the warrant--power to search anyone found at 30
s 30 29 s 31
Police Powers and Responsibilities
the relevant place for anything sought under the warrant that can 1
be concealed on the person; 2
(i) power to seize a thing found at the relevant place, or on a person 3
found at the relevant place, that the police officer reasonably 4
suspects may be evidence of the commission of an offence to 5
which the warrant relates; 6
(j) power to muster, hold and inspect any animal the police officer 7
reasonably suspects may provide evidence of the commission of 8
an offence to which the warrant relates; 9
(k) power to photograph anything the police officer reasonably 10
suspects may provide evidence of the commission of an offence 11
to which the warrant relates; 12
(l) power to remove wall or ceiling linings or floors of a building, or 13
panels of a vehicle to search for evidence of the commission of an 14
offence; 15
(m) if authorised under the warrant--power to take a vehicle to, and 16
search for evidence of the commission of an offence that may be 17
concealed in a vehicle at, a place with appropriate facilities for 18
searching the vehicle. 19
of warrant to be given to occupier 20
Copy
30.(1) If a police officer executes a search warrant for a place that is 21
occupied, the police officer must give to the occupier of the place a copy of 22
the warrant and a statement summarising the person's rights and 23
obligations under the warrant. 24
(2) If the occupier is not present, the police officer must leave the copy in 25
a conspicuous place. 26
to prevent loss of evidence 27
Search
31.(1) This section applies if a police officer reasonably suspects a thing 28
at or about a place, or in the possession of a person at or about a place is 29
evidence of the commission of an offence and the evidence may be 30
concealed or destroyed unless the place is immediately entered and 31
searched. 32
s 31 30 s 31
Police Powers and Responsibilities
(2) The police officer may enter the place and exercise the powers under 1
section 29 (other than power to do something that may cause structural 2
damage to a building) as if they were conferred under a search warrant. 3
(3) As soon as reasonably practicable after exercising the powers, the 4
police officer must apply to a magistrate for an order approving the search. 5
(4) The magistrate may make an order approving the search only if 6
satisfied-- 7
(a) in the circumstances existing before the search-- 8
(i) the police officer, before exercising the powers, had a 9
reasonable suspicion for exercising the powers; and 10
(ii) there was a reasonable likelihood that the evidence would be 11
concealed or destroyed; or 12
(b) having regard to the nature of the evidence found during the 13
search it is in the public interest to make the order. 14
(5) If the magistrate refuses to make an order under this section, the 15
magistrate may order that the police officer retain, dispose of, return or 16
destroy anything seized. 17
(6) Within 28 days after a magistrate orders the disposal, return or 18
destruction of a thing, a police officer may appeal against the order to the 19
Supreme Court. 20
(7) If the police officer appeals, the police officer must retain the thing 21
seized until the appeal is decided. 22
(8) The court may order the retention, disposal, return or destruction of 23
the thing. 24
(9) In this section-- 25
"offence" means an indictable offence, an offence involving gaming or 26
betting, or an offence against any of the following Acts-- 27
· Animals Protection Act 1925 28
· Crimes (Confiscation) Act 1989 29
· Nature Conservation Act 1992 30
· Weapons Act 1990. 31
s 32 31 s 32
Police Powers and Responsibilities
to produce documents 1
Notice
32.(1) This section applies if a police officer reasonably suspects a 2
financial institution holds documents that may be evidence of the 3
commission of an offence by someone else. 4
(2) The police officer may, instead of applying for a search warrant, 5
apply to a magistrate for the issue of a notice (a "notice to produce") 6
requiring the financial institution to produce stated documents to a police 7
officer. 8
(3) The application must-- 9
(a) be sworn and state the grounds on which the notice to produce is 10
sought; and 11
(b) include information specified in the responsibilities code about 12
any notices to produce issued within the previous year in relation 13
to the person suspected of being involved in the commission of 14
the offence or suspected offence to which the application relates. 15
(4) The magistrate may refuse to consider the application until the police 16
officer gives the magistrate all the information the magistrate requires about 17
the application in the way the magistrate requires. 18
19
Example--
20
The magistrate may require additional information supporting the application to
21
be given by statutory declaration.
(5) The magistrate may issue the notice to produce only if satisfied there 22
are reasonable grounds for suspecting-- 23
(a) documents the financial institution holds may be evidence of the 24
commission of an offence; and 25
(b) the financial institution is not a party to the offence. 26
(6) The magistrate may, in the notice to produce, require the documents 27
to be produced to a police officer within a stated time and at a stated place. 28
(7) A police officer must give the notice to produce to the financial 29
institution named in the notice as soon as reasonably practicable after it is 30
issued. 31
s 33 32 s 33
Police Powers and Responsibilities
requirements--notice to produce 1
Procedural
33.(1) A financial institution given a notice to produce must comply with 2
the notice. 3
(2) The financial institution is not subject to any liability for complying 4
with, or producing something in the honest belief that it was complying 5
with, a notice to produce. 6
(3) If, under the notice, the financial institution produces documents the 7
financial institution claims contain privileged communications between the 8
financial institution and someone else, the police officer must as soon as 9
reasonably practicable apply to a magistrate for an order for access to the 10
documents. 11
(4) The police officer may retain the documents but must not inspect 12
them until the application is decided. 13
(5) The magistrate, or a justice authorised in writing by the magistrate, 14
may order-- 15
(a) that the police officer be given access to the documents; or 16
(b) that the documents be copied by the police officer and the original 17
documents returned to the financial institution; or 18
(c) that the documents be returned to the financial institution. 19
(6) An order under subsection (5)(b) in relation to a document in 20
electronic form authorises the police officer to produce a hard-copy of the 21
information contained in the document. 22
(7) Also, an order under subsection (5)(b) may include a condition that if 23
a police officer asks, the document must again be produced to a court 24
hearing a proceeding for an offence for which the document is to be used as 25
evidence. 26
(8) The Criminal Code, section 205,10 and section 120 of this Act does 27
not apply to this section. 28
10 Section 205 (Disobedience to lawful order issued by statutory authority)
s 34 33 s 35
Police Powers and Responsibilities
PART 6--POWER TO SEIZE EVIDENCE 1
to seize evidence 2
Power
34.(1) This section applies if a police officer lawfully enters a place, or is 3
at a public place, and finds at the place a thing the officer reasonably 4
suspects is evidence of the commission of an offence.11 5
(2) The police officer may seize the thing, whether or not as evidence 6
under a warrant and, if under a warrant, whether or not the offence is one in 7
relation to which the warrant is issued. 8
(3) Also, the police officer may photograph the thing seized or the place 9
from which the thing was seized. 10
(4) The police officer may stay on the place and re-enter it for the time 11
reasonably necessary to remove the thing from the place. 12
ART 7--POWERS RELATING TO ARREST 13
P
Division 1--Arrest generally 14
without warrant 15
Arrest
35.(1) It is lawful for a police officer, without warrant, to arrest a person 16
the police officer reasonably suspects has committed or is committing an 17
offence if it is reasonably necessary for 1 or more of the following 18
reasons-- 19
(a) to prevent the continuation or repetition of an offence or the 20
commission of another offence; 21
(b) to make inquiries to establish the person's identity; 22
(c) if a person contravenes a requirement made under 23
11 For safeguards for this section, see part 12 (Standard safeguards), division 4
(Safeguards for things seized during searches).
s 36 34 s 36
Police Powers and Responsibilities
section 57(1)(b)(ii)12--to obtain identifying particulars of the 1
person; 2
(d) to ensure the person's appearance before a court; 3
(e) to obtain or preserve evidence relating to the offence; 4
(f) to prevent the harassment of, or interference with, a person who 5
may be required to give evidence relating to the offence; 6
(g) to prevent the fabrication of evidence; 7
(h) to preserve the safety or welfare of any person, including the 8
person arrested; 9
(i) to prevent a person fleeing from the officer or the location of the 10
offence; 11
(j) because the person has committed an offence against section 12
120;13 13
(k) because of the nature and seriousness of the offence.14 14
(2) Also, it is lawful for a police officer, without warrant, to arrest a 15
person the police officer reasonably suspects has committed or is 16
committing an indictable offence, for questioning the person about the 17
offence under part 8 or investigating the offence. 18
(3) Subsection (1) does not apply to a child.15 19
with warrant 20
Arrest
36.(1) It is lawful for a police officer acting under a warrant issued under 21
any other Act or law to arrest the person named in the warrant. 22
(2) In this section-- 23
12 Section 57 (Power to fingerprint, photograph etc.)
13 Section 120 (Assault etc. of police officer)
14 For safeguards for this part, see sections 112 (Supplying police officer's details
etc.), 113 (Information to be given to arrested person) and 114 (Parent and chief
executive must be advised of arrest of child). Other safeguards in part 12
(Standard safeguards) may also apply.
15 For provisions applying to the arrest of children, see the Juvenile Justice Act
1992.
s 37 35 s 37
Police Powers and Responsibilities
"arrest" includes apprehend, take into custody, detain, and remove to 1
another place for examination or treatment. 2
of arrest for offences committed outside the State 3
Power
37.(1) This section applies to an offence (an "extradition offence") 4
that-- 5
(a) is an offence against the law of another State; and 6
(b) is an indictable offence or an offence for which the maximum 7
penalty is at least 2 years imprisonment. 8
(2) Despite section 35, a police officer may, without warrant, arrest a 9
person the police officer reasonably suspects has committed an extradition 10
offence. 11
(3) The person may be detained in custody under this Act and questioned 12
in relation to the extradition offence by either of the following, as if the 13
offence had been committed in Queensland-- 14
(a) a police officer; 15
(b) a member of the police force or service of the State where the 16
offence happened. 17
(4) Unless the person is released without being charged with the 18
extradition offence, the person must be taken before a court as soon as 19
practicable after questioning ends. 20
(5) The Justices Act 1886 and the Bail Act 1980 apply to a person 21
arrested for an extradition offence as if the offence were committed in 22
Queensland, but only to allow a person to apply, within 7 days, for the 23
extradition of the person to the State where the extradition offence is alleged 24
to have been committed. 25
(6) If a proceeding for the person's extradition is not started within 7 26
days-- 27
(a) the person, if remanded in custody, must be released from 28
custody; and 29
(b) any order for bail is discharged. 30
s 38 36 s 38
Police Powers and Responsibilities
may be discontinued 1
Arrest
38.(1) It is the duty of a police officer to release an arrested person at the 2
earliest reasonable opportunity if the person is no longer a suspect. 3
(2) Also, for an arrested person who is not a child, it is the duty of a 4
police officer to release the person at the earliest reasonable opportunity if-- 5
(a) the reason for arresting the person no longer exists or is unlikely 6
to happen again if the person is released; and 7
(b) it is more appropriate to take the person before a court by notice 8
to appear or summons and the notice to appear or summons has 9
been served on the person. 10
(3) Further, for a child arrested under section 35(2), it is the duty of a 11
police officer to release the child at the earliest reasonable opportunity if-- 12
(a) the reason for arresting the child no longer exists; and 13
(b) after considering the circumstances under section 11516--it is 14
more appropriate to deal with the child in a way provided by that 15
section. 16
(4) Subsection (2) does not apply to a person who is arrested-- 17
(a) to prevent the person fleeing from the police officer or the 18
location of the offence; or 19
(b) if, because of the nature and seriousness of an offence for which 20
the person is a suspect, it is inappropriate to release the person. 21
(5) Subsection (3) does not apply to a child who is arrested if, because of 22
the nature and seriousness of an offence for which the child is a suspect, it 23
is inappropriate to release the child. 24
(6) A person suspected of having committed an indictable offence and 25
released under this section can not be re-arrested for the offence unless-- 26
(a) the person is harassing or interfering with a person who may be 27
required to give evidence relating to the offence; or 28
(b) because of new evidence, a police officer forms a reasonable 29
suspicion that the person is responsible for the offence; or 30
16 Section 115 (Police officer to consider alternatives to proceeding against child)
s 39 37 s 41
Police Powers and Responsibilities
(c) the person is likely to fail to appear before a court to answer a 1
charge against the person for the offence. 2
arrested to be taken before justice 3
Person
39. It is the duty of a police officer who arrests a person on a charge of 4
an offence, as soon as reasonably practicable, to take the person before a 5
justice to be dealt with according to law unless-- 6
(a) the person is released under section 38 or granted bail; or 7
(b) for an indictable offence--the person is being detained in custody 8
under part 8.17 9
Division 2--Alternative to arrest 10
to appear may be issued for offence 11
Notice
40.(1) The object of this section is to provide an alternative way for a 12
police officer to start or continue a proceeding against a person who is not a 13
child that does not involve the delay associated with issuing a complaint and 14
summons under the Justices Act 1886.18 15
(2) If a police officer reasonably suspects that a person has committed or 16
is committing an offence, the police officer may issue and serve a notice to 17
appear on the person.19 18
(3) A notice to appear must be personally served on a person. 19
to appear form 20
Notice
41.(1) A notice to appear must-- 21
(a) state the substance of the offence alleged to have been committed; 22
17 Part 8 (Investigations and questioning)
18 For starting proceedings against children by attendance notices, see the Juvenile
Justice Act 1992.
19 A notice to appear differs from a complaint and summons in requiring the police
officer with the suspicions mentioned to also serve the notice.
s 42 38 s 43
Police Powers and Responsibilities
and 1
(b) state the name of the person alleged to have committed the 2
offence; and 3
(c) require the person to appear before a Magistrates Court in relation 4
to the offence at a stated time and place; and 5
(d) be signed by the police officer serving the notice to appear. 6
(2) The place stated in a notice to appear for the person to appear before 7
the court must be a place where the court will be sitting at the time stated. 8
(3) The time stated in a notice to appear for the person to appear before 9
the court must be a time at least 7 days after the notice is served. 10
to appear must be filed in court without cost to person 11
Notice
42.(1) Before the time a person is required by a notice to appear, to 12
appear before a Magistrates Court, the notice to appear must be filed with 13
the clerk of the court at the place where the person is required to appear. 14
(2) A person must not be ordered to pay filing costs in the proceeding for 15
the offence. 16
particulars only are required on a notice to appear 17
General
43.(1) The statement mentioned in section 41(1)(a) need only provide 18
general particulars of the offence, for example-- 19
(a) the type of offence; and 20
(b) time and place it is alleged to have been committed. 21
(2) If 2 or more matters are properly joined in 1 notice to appear under 22
the Justices Act 1886, section 43(1), then, despite section 43(2) and (3) of 23
that Act-- 24
(a) each matter need not be set out in a separate paragraph; and 25
(b) objection can not be taken to the notice to appear because each 26
matter is not set out in a separate paragraph. 27
s 44 39 s 46
Police Powers and Responsibilities
of notice to appear offence must be given in the proceeding 1
Particulars
44.(1) Section 43 does not affect the duty of the prosecution to provide 2
proper particulars of an offence in the course of prosecution. 3
(2) When a person on whom a notice to appear has been served appears 4
before the Magistrates Court in response to the notice, the court must ensure 5
that the person is provided promptly with proper particulars of the offence 6
and granted any adjournment of the proceeding necessary to consider them. 7
to appear equivalent to a complaint and summons 8
Notice
45.(1) A statement under section 41(1)(a) is taken to be a complaint 9
under the Justices Act 1886. 10
(2) A requirement made by a police officer under section 41(1)(c) is 11
taken to be a summons issued by a justice under the Justices Act 1886. 12
(3) Subject to this Act, the Justices Act 1886 and any other Act applies to 13
a notice to appear in the same way as it applies to a complaint and 14
summons. 15
may order immediate arrest of person who fails to appear 16
Court
46.(1) Subject to section 47, if a person fails to appear before a 17
Magistrates Court as required by a notice to appear served on the person, 18
the court may order that a warrant issue for the arrest of the person to be 19
brought before the court to be dealt with according to law. 20
(2) A court may order that a warrant issue for the arrest of a person 21
under subsection (1) only if it is satisfied-- 22
(a) on oath or by deposition under the Justices Act 1886, section 23
56(3) that the person was served in time for it to be practical for 24
the person to appear before the court; and 25
(b) on oath that there is evidence substantiating the offence for which 26
the notice to appear was served. 27
(3) Any justice may issue the warrant. 28
s 47 40 s 49
Police Powers and Responsibilities
must strike out notice to appear if service insufficient 1
Court
47.(1) If a person fails to appear before a Magistrates Court as required 2
by a notice to appear and the court is not satisfied the person was served as 3
required under this Act, the court must strike out the notice to appear. 4
(2) The striking out of a notice to appear under subsection (1) does not 5
prevent another proceeding being started for the offence for which the notice 6
to appear was served. 7
PART 8--INVESTIGATIONS AND QUESTIONING 8
of part 9
Application
48.(1) This part applies only to a person questioned in relation to, or 10
detained for investigating, an indictable offence. 11
(2) Also, this part applies only to a person who-- 12
(a) is lawfully arrested for an indictable offence; or 13
(b) is refused bail; or 14
(c) is in custody because bail has been revoked; or 15
(d) is in custody under a sentence of imprisonment or, for a child, a 16
detention order. 17
of persons from lawful custody 18
Removal
49.(1) This section applies to a person who is in custody under the 19
Corrective Services Act 1988 or the Juvenile Justice Act 1992-- 20
(a) because the person has been refused bail, or bail has been 21
revoked; or 22
(b) under a sentence of imprisonment or, for a child, a detention 23
order. 24
(2) A police officer may apply to a magistrate for an order for the 25
removal of a person in custody to the custody of a police officer ("police 26
custody") for investigating an offence. 27
s 50 41 s 50
Police Powers and Responsibilities
(3) The application must-- 1
(a) be made in person; and 2
(b) be sworn and state the grounds on which the order is sought. 3
(4) The magistrate may refuse to consider the application until the police 4
officer gives the magistrate all the information the magistrate requires about 5
the application in the way the magistrate requires. 6
7
Example--
8
The magistrate may require additional information supporting the application to
9
be given by statutory declaration.
(5) The magistrate may order the removal of the person into police 10
custody if the magistrate is satisfied the custody is reasonably necessary for 11
the purpose of investigating an offence. 12
(6) The person in charge of the prison or detention centre in which the 13
person named in the order is held must comply with the order. 14
(7) A police officer must return the person to lawful custody as soon as 15
practicable after the detention period ends. 16
period of detention for investigation or questioning 17
Initial
50.(1) A police officer may detain a person mentioned in section 48(2) 18
for a reasonable time to investigate, or question the person about-- 19
(a) if the person is in custody following an arrest for an indictable 20
offence--the offence for which the person was arrested; or 21
(b) in any case--any indictable offence the person is suspected of 22
having committed, whether or not the offence for which the 23
person is in custody. 24
(2) However, the person must not be detained for more than 8 hours, 25
unless the person is charged with an indictable offence or is lawfully held in 26
custody. 27
(3) In the 8 hours mentioned in subsection (2) (the "detention 28
period")-- 29
(a) the person may be questioned for not more than 4 hours; and 30
(b) the time-out period may be more than 4 hours. 31
s 51 42 s 51
Police Powers and Responsibilities
(4) The detention period starts when the person is-- 1
(a) arrested; or 2
(b) taken into police custody under section 49;20 or 3
(c) taken from a watch house; or 4
(d) otherwise in the company of a police officer for the purpose of 5
questioning the person as a suspect about his or her involvement 6
in an offence. 7
of detention period 8
Extension
51.(1) Subject to section 52, a police officer may apply for an extension 9
of the detention period before the period ends. 10
(2) The application must be made to-- 11
(a) a magistrate; or 12
(b) a justice of the peace (magistrates court); or 13
(c) if there is no magistrate or justice of the peace (magistrates court) 14
available--another justice of the peace other than a justice of the 15
peace (commissioner for declarations). 16
(3) When making the application, the police officer must give to the 17
justice or magistrate the information about any time out the police officer 18
reasonably anticipates will be necessary. 19
(4) The person or the person's lawyer may make submissions to the 20
magistrate or justice about the application but not submissions that unduly 21
delay the consideration of the application. 22
(5) The justice or magistrate may extend the detention period for a 23
reasonable time if satisfied-- 24
(a) the nature and seriousness of the offence require the extension; 25
and 26
(b) further detention of the person is necessary-- 27
(i) to preserve or obtain evidence of the offence or another 28
20 Section 49 (Removal of persons from lawful custody)
s 52 43 s 52
Police Powers and Responsibilities
indictable offence; or 1
(ii) to complete the investigation into the offence or another 2
indictable offence; or 3
(iii) to continue questioning the person about the offence or 4
another indictable offence; and 5
(c) the investigation is being conducted properly and without 6
unreasonable delay; and 7
(d) the person, or the person's lawyer, has been given the opportunity 8
to make submissions about the application. 9
(6) The justice or magistrate must state, in the order-- 10
(a) how much time is to be allowed as time out; and 11
(b) the time, of not more than 8 hours, for which the person may be 12
questioned. 13
(7) The person may continue to be detained for the total of the periods 14
decided under subsection (6). 15
(8) However, if the total questioning period since the detention began is 16
more than 12 hours, only a magistrate may grant an extension or extensions 17
of the questioning for a reasonable time, of not more than 8 hours on each 18
occasion. 19
20
Example--
21
A magistrate may grant an extension of 8 hours for questioning and a further 12
22
hours for reasonable time out, requiring a further application to be made within 20
23
hours after extending the period of detention.
(9) If an application for an extension of the detention period is made 24
before the detention period ends, the detention of a person does not end, 25
unless the justice or magistrate refuses to extend the detention period. 26
of unforeseen delays on detention 27
Effect
52.(1) If, because of reasonably unforeseen time out, a delay happens in 28
making an application for an extension of the initial period of detention of a 29
person, the detention of the person continues to be lawful but only for the 30
time necessary to enable the application to be made and decided. 31
(2) If, because of reasonably unforeseen time out-- 32
s 53 44 s 54
Police Powers and Responsibilities
(a) questioning of a person during an extended detention period is 1
suspended or delayed; or 2
(b) a delay happens in making an application for an extension of the 3
detention of the person; 4
the detention of the person beyond the end of the detention period continues 5
to be lawful and the time allowed for questioning is not affected. 6
7
Examples of unforeseen time out--
8
1. During an interview with a suspect, the suspect names co-offenders who need to
9
be interviewed before continuing the interview with the suspect.
10
2. A police car used to transport a suspect from Burketown to Mount Isa breaks
11
down or can not get through because of impassable roads and the magistrate can not
12
be contacted by phone or radio.
of another arrest on questioning period 13
Effect
53. If a person is detained for questioning under this part more than once 14
in any period of 24 hours and questioned for a total of more than 4 hours in 15
the 24 hours, a police officer must not continue to question the person 16
unless the detention period is extended under section 51.21 17
18
Example--
19
If a person who has been arrested for a stealing offence, questioned for 3 hours is
20
again arrested within a 24 hour period for a break and enter offence, a police officer
21
can only question the person for 1 hour before being required to apply for an
22
extension of the detention period.
does detention period start for offenders arrested outside 23
When
Queensland 24
54.(1) This section applies if, because of the Service and Execution of 25
Process Act 1992 (Cwlth), a person-- 26
(a) has been arrested in another State for an indictable offence 27
committed in Queensland; or 28
(b) has appeared before a magistrate in another State for an indictable 29
offence committed in Queensland. 30
21 Section 51 (Extension of detention period)
s 55 45 s 56
Police Powers and Responsibilities
(2) For this part, the detention period for the person starts-- 1
(a) if, under the law of the other State, a Queensland police officer 2
may question the person in the other State--when the Queensland 3
police officer starts to question the person for the offence; or 4
(b) when the person arrives in Queensland in the company of a 5
Queensland police officer for the purpose of being questioned for 6
the offence. 7
helping in covert investigations not under arrest 8
Persons
55.(1) This section applies to covert investigations conducted by a police 9
officer into whether a person other than a person who is in custody 10
following an arrest has been involved in the commission of an offence or 11
suspected offence. 12
(2) For this part, if the person in custody following an arrest agrees 13
voluntarily to take part in the covert investigation, the person stops being 14
under arrest for the offence. 15
(3) However, subsection (2) does not prevent the person from being 16
rearrested for the offence. 17
PART 9--POWERS IN RELATION TO PERSONS IN 18
CUSTODY 19
Division 1--Search of persons in custody 20
of persons in custody 21
Search
56.(1) This section applies if a person-- 22
(a) is lawfully arrested, refused bail, or is in custody because bail has 23
been revoked; or 24
(b) is in custody under a sentence of imprisonment or, for a child, a 25
detention order; or 26
s 57 46 s 57
Police Powers and Responsibilities
(c) is otherwise lawfully detained under another Act. 1
(2) A police officer may search and re-search a person to whom this 2
section applies. 3
(3) A police officer may seize from the person anything found on the 4
search that the police officer reasonably suspects may provide evidence of 5
the commission of an offence. 6
(4) Also, the police officer may take and retain, while the person is in 7
custody, anything that-- 8
(a) may endanger anyone's safety; or 9
(b) may be used for an escape; or 10
(c) the police officer reasonably considers should be kept in safe 11
custody while the person is in custody. 12
2--Taking identifying particulars 13
Division
to fingerprint, photograph etc. 14
Power
57.(1) If a police officer starts a proceeding against a person for a 15
relevant offence-- 16
(a) if the person is in custody in relation to the offence--any police 17
officer may, as soon as is reasonably practicable, take or 18
photograph all or any of the person's identifying particulars; or 19
(b) if a police officer decides to start the proceeding by notice to 20
appear or complaint and summons--the police officer may-- 21
(i) before or when serving the notice to appear or complaint and 22
summons--detain the person for the time reasonably 23
necessary to take or photograph all or any of the person's 24
identifying particulars and take or photograph those 25
particulars; or 26
(ii) by written notice, require the person to attend at a stated 27
police station within 48 hours to enable a police officer to 28
take or photograph all or any of the person's identifying 29
particulars; or 30
s 57 47 s 57
Police Powers and Responsibilities
(c) if the person is to be released after arrest for the offence--a police 1
officer may detain the person for the time reasonably necessary to 2
take or photograph all or any of the person's identifying 3
particulars and take or photograph those particulars. 4
(2) A notice under subsection (1)(b)(ii) must be given to the person with 5
the notice to appear or complaint and summons and may be proved on oath 6
or by deposition under the Justices Act 1886, section 56(3). 7
(3) A police officer must warn the person it is an offence to contravene a 8
requirement under subsection (1)(b)(ii). 9
(4) A person must comply with a requirement under 10
subsection (1)(b)(ii).22 11
(5) If, in a proceeding for a charge of a relevant offence against a 12
person-- 13
(a) a police officer applies to a magistrate for an order for taking 14
identifying particulars of the person; and 15
(b) the magistrate is satisfied it is necessary to take or photograph the 16
person's identifying particulars to assist in-- 17
(i) identifying the person in relation to the offence or another 18
offence the person is suspected to have committed; or 19
(ii) confirming the person's identity; or 20
(iii) finding out the person's criminal history; or 21
(iv) keeping criminal records; 22
the magistrate may order that the particulars be taken and the person 23
charged be held in custody for up to 1 hour to enable them to be taken. 24
(6) If a person attends at a police station as required under a notice under 25
subsection (1)(c), a police officer may take or photograph all or any of the 26
person's identifying particulars. 27
(7) A police officer may use reasonable force other than for obtaining 28
identifying particulars that are handwriting or voice prints. 29
(8) Subsections (1)(b) and (5) do not apply to a proceeding started 30
22 For the offence, see section 120 (Assault etc. of police officer).
s 58 48 s 59
Police Powers and Responsibilities
against a child for a relevant offence.23 1
(9) In this section-- 2
"relevant offence" means-- 3
(a) an offence for which the maximum penalty is at least 1 year's 4
imprisonment; or 5
(b) an offence against this Act or any of the following Acts-- 6
(i) the Regulatory Offences Act 1985; 7
(ii) the Vagrants, Gaming and Other Offences Act 1931; 8
(iii) the Weapons Act 1990. 9
of identifying particulars 10
Destruction
58. If a person is found not guilty of a relevant offence or is not further 11
proceeded against, any identifying particulars taken in relation to the offence 12
must be destroyed within a reasonable time in the presence of a justice, 13
unless-- 14
(a) the person has been proceeded against on a charge of another 15
relevant offence that has not been decided; or 16
(b) the person has been found guilty of another relevant offence; or 17
(c) the identifying particulars are required as evidence in relation to 18
another relevant offence alleged to have been committed by the 19
person; or 20
(d) the person is not proceeded against because he or she has been 21
found incapable of standing trial because of mental illness. 22
of suspects 23
Identification
59.(1) It is lawful for a police officer to use 1 or more of the following 24
procedures to help gather evidence of the identity of a person suspected of 25
having committed an offence-- 26
23 For fingerprinting etc. of children see the Juvenile Justice Act 1992, sections 10,
10A, 10B, 10C and 194A.
s 60 49 s 60
Police Powers and Responsibilities
(a) an identification parade; 1
(b) a photo board containing at least 12 photos of people of similar 2
appearance, 1 of whom is the suspect; 3
(c) videotape; 4
(d) computer generated images. 5
(2) The police officer must comply with the procedures in the 6
responsibilities code for identifying suspects. 7
8
Example--
9
The responsibilities code may include procedures for electronic recording of
10
identifying particulars.
(3) The police officer may ask a person to take part in an identification 11
parade. 12
(4) The person may refuse to take part in the parade. 13
(5) This section does not limit the procedures a police officer may use to 14
help gather evidence of the identity of a person suspected of having 15
committed an offence. 16
3--Medical and dental procedures 17
Division
or approval needed for performing medical or dental 18
Consent
procedure 19
60.(1) Before a doctor or dentist performs a medical or dental procedure 20
under this part, a police officer must tell the person on whom it is to be 21
performed-- 22
(a) that the act can not be done without the person's consent24 or a 23
magistrate's approval;25 and 24
(b) that the person has the right to have 2 people of his or her choice 25
present while it is being done. 26
24 Under section 62(2) (Performing medical and dental procedures with consent),
the consent must be written or electronically recorded.
25 The approval is given under section 63 (Magistrate may approve performance of
medical or dental procedure).
s 61 50 s 61
Police Powers and Responsibilities
(2) If the person is a child, the consent must be given in the presence 1
of 1 of the following-- 2
(a) the child's parent or guardian; 3
(b) the child's lawyer; 4
(c) for an Aborigine or Torres Strait Islander child whose parent, 5
guardian or lawyer is not available--an adult Aborigine or Torres 6
Strait Islander, acceptable to the child, who is a friend of the child 7
or does not have an interest in the matter to which the charge 8
relates; 9
(d) for a child (other than an Aborigine or Torres Strait Islander) 10
whose parent, guardian or lawyer is not available--an adult, 11
acceptable to the child, who is a friend of the child or does not 12
have an interest in the matter to which the charge relates; or 13
(e) if no-one mentioned in paragraphs (a) to (d) is available--an 14
independent person who is a justice. 15
(3) Also, if the act is to be done under a magistrate's approval under this 16
division, the police officer must give to the person and the doctor or dentist 17
a copy of the order. 18
of independent person required 19
Presence
61.(1) If a person gives to a police officer the name of someone the 20
person wishes to have present as an independent person while a medical or 21
dental procedure is being performed on the person, the police officer must 22
take reasonable steps to advise the person named of the wish. 23
(2) The person must pay the cost of the independent person's attendance. 24
(3) Also, the medical or dental procedure can not be performed in the 25
absence of the independent person, unless a reasonable time has been 26
allowed for the independent person to arrive at the place where it is to be 27
done. 28
(4) The lawfulness of the detention in custody of a person or of the 29
performance of a medical or dental procedure is not affected by the absence, 30
while the procedure is being performed, of an independent person the 31
person in custody wishes to have present if-- 32
s 62 51 s 62
Police Powers and Responsibilities
(a) after having indicated that he or she is willing and able to 1
attend--the person fails to attend within a reasonable time; or 2
(b) evidence is likely to be lost or destroyed if the medical or dental 3
procedure is delayed to allow the independent person to attend. 4
medical and dental procedures with consent 5
Performing
62.(1) This section applies if a person suspected of committing an 6
indictable offence consents to the performance of a medical or dental 7
procedure on the person under this section. 8
(2) The consent must be written or electronically recorded. 9
(3) A doctor may do any of the following that may provide evidence of 10
the commission of the offence-- 11
(a) examine the person's body, including the orifices of the person's 12
body; 13
(b) take samples of the person's blood, saliva or hair; 14
(c) if a police officer requires the person to provide a sample of the 15
person's urine--ask the person to provide the sample; 16
(d) collect from the person's body, including the orifices of the 17
person's body, any substance or thing. 18
(4) A dentist may do any of the following that may provide evidence of 19
the commission of the offence-- 20
(a) examine the person's mouth; 21
(b) take samples of the person's saliva; 22
(c) take dental impressions of the person's mouth; 23
(d) examine any bite mark on the person. 24
(5) The doctor or dentist may also photograph anything relevant to the 25
examination. 26
(6) If help is needed to perform the relevant procedure, the person 27
performing the procedure may, subject to subsection (8), ask other persons 28
to give reasonably necessary help. 29
(7) The person must not perform a procedure under subsection (2), 30
s 63 52 s 63
Police Powers and Responsibilities
unless the person helping is someone mentioned in subsection (8). 1
(8) The persons for subsection (7) are-- 2
(a) a person of the same sex as the detainee; or 3
(b) a doctor; or 4
(c) if a person mentioned in paragraph (a) or (b) can not reasonably 5
be called on to give the necessary help--anyone else who is asked 6
to help and acts at the doctor's direction. 7
(9) It is lawful for a person helping someone under this section to use 8
reasonably necessary force for the purpose. 9
(10) The person performing the procedure must immediately stop 10
performing the procedure if the person withdraws the person's consent. 11
(11) However, withdrawal of consent does not affect the admissibility in 12
evidence of anything observed, taken or collected before the consent was 13
withdrawn. 14
may approve performance of medical or dental procedure 15
Magistrate
63.(1) If a person is in custody for an indictable offence, a police officer 16
may apply to a magistrate for an order approving the performance of a 17
medical or dental procedure on the person whether or not the person has 18
consented to the procedure. 19
(2) The application must be sworn and state the grounds on which it is 20
made. 21
(3) The magistrate may refuse to consider the application until the police 22
officer gives the magistrate all the information the magistrate requires about 23
the application in the way the magistrate requires. 24
25
Example--
26
The magistrate may require additional information supporting the application to
27
be given by statutory declaration.
(4) The magistrate must not approve the performance of a medical or 28
dental procedure unless satisfied-- 29
(a) the person is in lawful custody for an indictable offence; and 30
(b) there are reasonable grounds for believing performing the 31
s 64 53 s 64
Police Powers and Responsibilities
procedure may provide evidence of the commission of the 1
offence. 2
(5) The magistrate may order that the person be taken to a stated 3
appropriate place for the performance of the procedure. 4
(6) A magistrate must make the order in the approved form. 5
medical and dental procedures without consent 6
Performing
64.(1) This section applies if-- 7
(a) a person (the "detainee") is in custody for an indictable offence; 8
and 9
(b) a magistrate approves the performance of the procedures; and 10
(c) a police officer asks a doctor or dentist to perform the procedures. 11
(2) A doctor acting in good faith may do any of the following that may 12
provide evidence of the commission of the offence-- 13
(a) examine the detainee's body, including the orifices of the 14
person's body; 15
(b) take samples of the detainee's blood, saliva or hair; 16
(c) require the person to provide a sample of the detainee's urine; 17
(d) collect from the detainee's body, including the orifices of the 18
detainee's body, any substance or thing if collecting it would be 19
unlikely to cause grievous bodily harm to the detainee if the 20
detainee cooperates with the doctor. 21
(3) A dentist acting in good faith may do any of the following that may 22
provide evidence of the commission of the offence-- 23
(a) examine the detainee's mouth; 24
(b) take samples of the detainee's saliva; 25
(c) take dental impressions of the detainee's mouth; 26
(d) examine any bite mark on the detainee. 27
(4) The doctor or dentist may also photograph anything relevant to the 28
examination. 29
s 65 54 s 66
Police Powers and Responsibilities
(5) If help is needed to perform the relevant procedure, the person 1
performing the procedure may, subject to subsection (6), ask other persons 2
to give reasonably necessary help. 3
(6) The person must not perform a procedure under subsection (2), 4
unless the person helping is someone mentioned in subsection (7). 5
(7) The persons for subsection (6) are-- 6
(a) a person of the same sex as the detainee; or 7
(b) a doctor; or 8
(c) if a person mentioned in paragraph (a) or (b) can not reasonably 9
be called on to give the necessary help--anyone else who is asked 10
to help and acts at the doctor's direction. 11
(8) It is lawful for a person performing, or helping someone perform, a 12
medical or dental procedure under this section to use reasonably necessary 13
force for the purpose. 14
to analyse samples 15
Power
65.(1) It is lawful for a person to analyse any sample, substance, thing, 16
impression or photograph taken under this Act. 17
(2) It is lawful for a police officer to keep the results of anything done 18
under subsection (1) for use in a proceeding for an offence. 19
and test results to be given to person 20
Samples
66.(1) A person who takes or collects a sample or other thing from 21
another person must, if practicable, give to the other person a part of the 22
sample or thing or an equivalent sample or thing for the other person's own 23
purposes. 24
(2) As soon as reasonably practicable after a police officer is given the 25
results of any test conducted using a sample or other thing taken or collected 26
under this part, the police officer must give to the person to whom the 27
results relate, or someone else nominated by the person, a copy of the 28
results. 29
s 67 55 s 68
Police Powers and Responsibilities
ART 10--SURVEILLANCE POWERS 1
P
Acts do not apply to this part 2
Certain
67. The Libraries and Archives Act 1988 and the Freedom of 3
Information Act 1992 do not apply to activities or records under this part. 4
warrants 5
Surveillance
68.(1) This section applies if a police officer reasonably believes a person 6
(the "suspect") has committed, is committing or is about to commit an 7
indictable offence. 8
(2) A police officer of at least the rank of inspector may apply for a 9
warrant ("surveillance warrant") authorising the use of a surveillance 10
device. 11
(3) If the application is for a surveillance warrant for-- 12
(a) a class A device or a class A and a class B device to be used 13
together--the application must be made to a Supreme Court 14
judge; or 15
(b) a class B device--the application must be made to a magistrate. 16
(4) The police officer may apply for a surveillance warrant for a class A 17
device only if the offence is a serious indictable offence 18
(5) The application must-- 19
(a) be sworn and state the grounds on which the warrant is sought; 20
and 21
(b) include information specified in the responsibilities code about 22
any warrants issued within the previous year in relation to the 23
place or suspect specified in the application. 24
(6) The applicant must advise the public interest monitor of the 25
application under arrangements decided by the monitor 26
(7) The judge or magistrate (the "issuer") may refuse to consider the 27
application until the police officer gives the issuer all the information the 28
issuer requires about the application in the way the issuer requires. 29
s 68 56 s 68
Police Powers and Responsibilities
1
Example--
2
The issuer may require additional information supporting the application to be
3
given by statutory declaration.
(8) The issuer must hear the application in the absence of anyone other 4
than the following-- 5
(a) the applicant; 6
(b) a monitor; 7
(c) someone the issuer permits to be present; 8
(d) a lawyer representing anyone mentioned in paragraphs (a) to (c). 9
(9) Also, the issuer must hear the application-- 10
(a) in the absence of the suspect or anyone likely to inform the 11
suspect of the application; and 12
(b) without the suspect having been informed of the application. 13
(10) In particular, the issuer must consider the following-- 14
(a) the nature and seriousness of the suspected offence; 15
(b) for a class A device--the likely extent of interference with the 16
privacy of the suspect if the warrant is issued; 17
(c) the extent to which issuing the warrant would help prevent, detect 18
or provide evidence of the offence; 19
(d) the benefits derived from the issue of any previous surveillance 20
warrants in relation to the suspect; 21
(e) the extent to which police officers investigating the offence have 22
used or can use conventional ways of investigation; 23
(f) how much the use of conventional ways of investigation would 24
be likely to help in the investigation of the offence; 25
(g) how much the use of conventional ways of investigation would 26
prejudice the investigation of the offence because of delay or for 27
another reason; 28
(h) any submissions made by a monitor. 29
(11) The issuer may issue the warrant if satisfied there are reasonable 30
grounds for believing a person at a place, or likely to be at a class of place, 31
s 68 57 s 68
Police Powers and Responsibilities
mentioned in the warrant has been, is, or is likely to be involved in the 1
commission of an indictable offence. 2
(12) However, if, under a surveillance warrant for a class A device, a 3
visual surveillance device is to be installed in a dwelling, the issuer must 4
specify in the warrant the parts of the dwelling in which the device may be 5
installed. 6
(13) Also, the issuer must not issue a warrant for the use of a class A 7
device in the office of a practising lawyer unless the application for the 8
warrant relates to the lawyer's involvement in a serious indictable offence. 9
(14) The warrant must authorise a stated police officer or all police 10
officers to exercise the powers under section 70.26 11
(15) The issuer may impose any conditions on the warrant that the issuer 12
considers are necessary in the public interest including, but not limited to-- 13
(a) a condition requiring regular reporting to the issuer on activities 14
under the warrant; and 15
(b) a condition requiring that, if a listening device is to be used in a 16
public place or class of place, the police officer, before installing 17
or using the device, must have a reasonable belief that the suspect 18
is or will be in the place where the device is to be used. 19
20
Example for subsection 15(b)--
21
The warrant may be issued for any motel in a stated area because the police
22
officer may have a reasonable belief that the person may be in a motel but not know
23
in advance which one, but the device may only be installed if the police officer
24
believes the person is likely to be in the place.
(16) The issuer may, after considering any report made under 25
subsection (15)(a), require the destruction of any recordings made that are 26
not related to the offence mentioned in the warrant, unless the recording 27
relates to the investigation of another indictable offence. 28
(17) A surveillance warrant is in force for 30 days or a shorter time 29
stated in the warrant and may be extended from time to time on application. 30
(18) The provisions of this section for an application for a warrant apply 31
to an application for an extension with all necessary changes. 32
26 Section 70 (Powers for surveillance warrants)
s 69 58 s 69
Police Powers and Responsibilities
(19) Despite subsection (17), the warrant stops having effect before the 1
end of the period mentioned in subsection (17) if the investigation under the 2
warrant ends, unless, while using the surveillance device under the warrant 3
for the original investigation, evidence is gained of another serious 4
indictable offence or, for a tracking device, another indictable offence. 5
(20) Despite the Recording of Evidence Act 1962, a transcript of the 6
application or any order made on it must not be made. 7
(21) A person must not publish a report of a proceeding on an 8
application under subsection (2) or (17). 9
Maximum penalty for subsection (21)--85 penalty units or 1 year's 10
imprisonment. 11
(22) A person is not entitled to search information in the custody of a 12
court in relation to an application under subsection (2) or (17), unless a 13
judge otherwise orders. 14
use of surveillance devices 15
Emergency
69.(1) This section applies if a police officer reasonably believes-- 16
(a) there is a risk of serious injury to a person; and 17
(b) using a surveillance device may help reduce the risk. 18
(2) A police officer of at least the rank of inspector may authorise the use 19
of a surveillance device. 20
(3) For using a surveillance device under an authority under this section, 21
a police officer may exercise any of the powers a police officer may 22
exercise under a surveillance warrant. 23
(4) Within 7 days after authorising the use of a surveillance device, the 24
police officer who authorised its use must apply to a Supreme Court judge 25
for approval of the exercise of the powers under subsection (2). 26
(5) Section 68(5) to (10) and (20) to (22) applies to the application with 27
all necessary changes, including that a reference to a warrant is taken to be a 28
reference to an approval. 29
(6) The judge may require the destruction of any recordings made that 30
were not related to the purpose for which the surveillance device was used. 31
(7) After considering the application, the Supreme Court judge may 32
s 70 59 s 71
Police Powers and Responsibilities
approve the exercise of the powers under subsection (2). 1
(8) Evidence obtained because of the exercise of powers approved under 2
subsection (7) is admissible in a proceeding for an offence. 3
(9) Information obtained under this section may be provided to any 4
person or organisation involved in helping reduce the risk of serious injury 5
to a person. 6
under surveillance warrants 7
Powers
70. A police officer who executes a surveillance warrant has the 8
following powers under the warrant-- 9
(a) for a surveillance warrant-- 10
(i) for a class A device--power to enter a specified place or 11
class of place, covertly or through subterfuge, to install, 12
maintain, replace or remove a surveillance device; or 13
(ii) for a class B device--power to enter a vehicle or another 14
moveable object, or open a thing, to install, maintain, replace 15
or remove a tracking device; 16
(b) for a listening device or visual surveillance device--power to 17
intercept and record conversations and monitor and record visual 18
images even though it may otherwise constitute an offence under 19
the Invasion of Privacy Act 1971; 20
(c) power to take electricity for using a surveillance device; 21
(d) power to use reasonable force to install, maintain, replace or 22
remove a surveillance device; 23
(e) power to use 1 or more surveillance devices, whether of the same 24
or a different kind, in the same place; 25
(f) power to pass through, over, under or along a place to get to the 26
place where the surveillance device is to be used. 27
of information obtained using surveillance warrant 28
Disclosure
71.(1) This section applies to information that has not been disclosed in a 29
proceeding in open court and was obtained by using a surveillance warrant 30
s 72 60 s 72
Police Powers and Responsibilities
(the "relevant information"). 1
(2) A police officer who obtained relevant information must not disclose 2
the information to someone other than-- 3
(a) the judge or magistrate who issued the warrant or a judge or 4
magistrate hearing an application for an extension of the warrant 5
or an application under section 70 or an application for a warrant 6
in relation to the same or a different person; or 7
(b) a court taking evidence about a charge of an offence in which the 8
information is evidence; or 9
(c) the commissioner or a person authorised by the commissioner; or 10
(d) another police officer involved in-- 11
(i) the investigation into the relevant criminal activity for which 12
the powers were exercised; or 13
(ii) an investigation of any indictable offence started because of 14
information obtained under the warrant or linked to the 15
offence under investigation; or 16
(iii) a proceeding in which the information is evidence; or 17
(e) a declared law enforcement agency; or 18
(f) a public prosecutor, but only for use in a proceeding in which the 19
information is evidence or for an application for an extension of 20
the warrant or an application under section 70 or the issue of 21
another surveillance warrant; or 22
(g) a lawyer representing a person in a proceeding in which the 23
information is evidence; or 24
(h) a monitor; or 25
(i) a person transcribing or making copies of recordings. 26
to be kept 27
Register
72.(1) The commissioner must keep a register of information disclosed 28
under section 71(2)(d)(ii) or (e). 29
(2) The commissioner must keep the register in a secure place. 30
s 73 61 s 74
Police Powers and Responsibilities
(3) The register must state-- 1
(a) the name of the person to whom the information is disclosed; and 2
(b) brief particulars of the information disclosed and the reasons for 3
disclosing it; and 4
(c) when the information was disclosed. 5
(4) The register is not open to inspection by anyone other than-- 6
(a) the commissioner; or 7
(b) a police officer or declared law enforcement agency conducting an 8
investigation into a serious indictable offence in which the 9
information may be relevant; or 10
(c) a monitor; or 11
(d) the Supreme Court judge or the magistrate who issued or 12
extended the warrant. 13
(5) This section does not apply to information that has been used in a 14
proceeding as evidence. 15
of records 16
Destruction
73.(1) The commissioner must keep all information obtained under a 17
surveillance warrant and transcripts of recordings made under the warrant in 18
a secure place. 19
(2) The commissioner must ensure any recording or photograph made 20
under the powers of a surveillance warrant or a transcript or copy made 21
from information obtained under the powers is destroyed as soon as 22
practicable after it is no longer required. 23
(3) Subsection (2) does not prevent information relevant to any offence 24
of which anyone has been convicted being preserved for any period or 25
indefinitely if there is any possibility that an issue about the conviction may 26
arise. 27
search warrants 28
Covert
74.(1) A police officer of at least the rank of inspector may apply to a 29
Supreme Court judge for a warrant under this section (a "covert search 30
s 74 62 s 74
Police Powers and Responsibilities
warrant") to enter and search a place for evidence of organised crime. 1
(2) The application must-- 2
(a) be sworn and state the grounds on which the warrant is sought; 3
and 4
(b) include information specified in the responsibilities code about 5
any warrants issued within the previous year in relation to the 6
place or suspect specified in the application. 7
(3) The applicant must advise the public interest monitor of the 8
application under arrangements decided by the monitor 9
(4) The judge may refuse to consider the application until the police 10
officer gives the judge all the information the judge requires about the 11
application in the way the judge requires. 12
13
Example--
14
The judge may require additional information supporting the application to be
15
given by statutory declaration.
(5) The judge must hear the application in the absence of anyone other 16
than the following-- 17
(a) the applicant; 18
(b) a monitor; 19
(c) someone the judge permits to be present; 20
(d) a lawyer representing anyone mentioned in paragraphs (a) to (c). 21
(6) Before issuing the warrant, the judge must consider the following-- 22
(a) the nature and seriousness of the suspected offence; 23
(b) the extent to which issuing the warrant would help prevent, detect 24
or provide evidence of, the offence; 25
(c) the benefits derived from any previous covert search warrants, 26
search warrants or the use of any surveillance device in relation to 27
the suspect or place; 28
(d) the extent to which police officers investigating the offence have 29
used or can use conventional ways of investigation; 30
(e) how much the use of conventional ways of investigation would 31
be likely to help in the investigation of the offence; 32
s 74 63 s 74
Police Powers and Responsibilities
(f) how much the use of conventional ways of investigation would 1
prejudice the investigation of the offence; 2
(g) any submissions made by a monitor. 3
(7) The judge may issue the warrant if satisfied there are reasonable 4
grounds for believing there is, in or on a place, evidence of organised crime. 5
(8) The warrant must state-- 6
(a) that a stated police officer, or all police officers, may, with 7
reasonable help and force, enter the place, covertly or by 8
subterfuge and exercise the powers under section 75; and 9
(b) the organised crime related offence for which the warrant was 10
issued; and 11
(c) any evidence or samples of evidence that may be seized under the 12
warrant; and 13
(d) that the warrant may be executed at any time of the day or night; 14
and 15
(e) that, if practicable, the search must be videotaped; and 16
(f) the date when the warrant ends. 17
(9) Also, the issuer must hear the application-- 18
(a) in the absence of the suspect or anyone likely to inform the 19
suspect of the application; and 20
(b) without the suspect having been informed of the application. 21
(10) The judge may impose any conditions on the warrant that the judge 22
considers are necessary in the public interest. 23
(11) A covert search warrant is in force for 30 days or a shorter period 24
stated in the warrant, but ends immediately after the initial search is 25
complete. 26
(12) However, the warrant may be extended from time to time on 27
application. 28
(13) The provisions of this section for an application for a warrant apply 29
to an application for an extension with all necessary changes. 30
(14) Despite the Recording of Evidence Act 1962, a transcript of an 31
application for a covert search warrant and any order made on it must not be 32
s 75 64 s 76
Police Powers and Responsibilities
made. 1
(15) A person must not publish a report of a proceeding on an 2
application under subsection (2) or (12). 3
Maximum penalty for subsection (15)--85 penalty units or 1 year's 4
imprisonment. 5
(16) A person is not entitled to search information in the custody of the 6
Supreme Court in relation to an application for a covert search warrant, 7
unless a judge otherwise orders. 8
under covert search warrant 9
Powers
75. A police officer who executes a covert search warrant has the 10
following powers under the warrant-- 11
(a) power to enter the place specified in the warrant (the "relevant 12
place"), covertly or through subterfuge, as often as is reasonably 13
necessary for the purposes of the warrant and stay on it for the 14
time reasonably necessary; 15
(b) power to pass over, through, along or under another place to enter 16
the relevant place; 17
(c) power to search the relevant place for anything sought under the 18
warrant; 19
(d) power to open anything in the relevant place that is locked; 20
(e) power to seize a thing or part of a thing found on the relevant 21
place that the police officer reasonably believes is evidence of the 22
commission of an offence relating to organised crime; 23
(f) power to photograph anything the police officer reasonably 24
believes may provide evidence of the commission of an offence 25
relating to organised crime; 26
(g) power to inspect or test anything found on the place. 27
on covert search 28
Report
76.(1) Within 7 days after executing a covert search warrant, a police 29
officer must give to the Supreme Court judge who issued the warrant a 30
s 77 65 s 78
Police Powers and Responsibilities
report complying with the responsibilities code on the exercise of the 1
powers under the warrant. 2
(2) The police officer must, if practicable, also take before the judge 3
anything seized under the warrant and any photograph taken during the 4
search. 5
(3) The judge may, in relation to a thing mentioned in subsection (2), 6
order that-- 7
(a) it be held by a police officer until any proceeding in which the 8
thing may be evidence ends; or 9
(b) it be dealt with in the way the judge orders. 10
of the Invasion of Privacy Act 11
Application
77. A listening device used for the interception of private conversations 12
under the authority of a surveillance warrant-- 13
(a) for the Invasion of Privacy Act 1971, section 45(2) or 47--is to 14
be taken to have been used under an authorisation given under 15
section 43(2)(c)(i) of that Act; and 16
(b) for the Invasion of Privacy Act 1971, part 4, other than section 17
45(2) or 47--is not to be taken to have been used in contravention 18
of section 43 of that Act. 19
of surveillance and covert search warrants and applications 20
Register
78.(1) The commissioner must keep a register of applications for 21
surveillance and covert search warrants in the way the commissioner 22
considers appropriate. 23
(2) The register is not open to inspection by anyone other than the 24
following-- 25
(a) the commissioner; 26
(b) a police officer making an application under this part; 27
(c) a monitor. 28
s 79 66 s 80
Police Powers and Responsibilities
interest monitor 1
Public
79.(1) The Governor in Council may appoint a person (the "public 2
interest monitor") to monitor applications for, and the use of, surveillance 3
warrants and covert search warrants. 4
(2) The Governor in Council may also appoint as many deputy public 5
interest monitors as the Minister considers necessary. 6
(3) The Governor in Council may, in the appointment, fix the terms and 7
conditions of the appointment. 8
(4) The Public Service Act 1996 does not apply to the appointment of a 9
monitor. 10
(5) A monitor must not be a person who is, or is a member of, or who is 11
employed in or by or to assist, any of the following-- 12
(a) the director of public prosecutions; 13
(b) the office of the director of public prosecutions; 14
(c) the Queensland Crime Commission; 15
(d) the Criminal Justice Commission; 16
(e) the police service. 17
functions 18
Monitor's
80.(1) The public interest monitor has the functions mentioned in 19
subsection (2) for surveillance warrants and covert search warrants. 20
(2) The functions are-- 21
(a) to monitor compliance by police officers with this part in relation 22
to matters concerning applications for surveillance warrant and 23
covert search warrants; and 24
(b) to appear at any hearing of an application to a Supreme Court 25
judge or magistrate for a surveillance warrant or covert search 26
warrant to test the validity of the application, and for that purpose 27
at the hearing-- 28
(i) present questions for the applicant to answer and examine or 29
cross-examine any witness; and 30
s 81 67 s 82
Police Powers and Responsibilities
(ii) make submissions on the appropriateness of granting the 1
application; and 2
(c) to gather statistical information about the use and effectiveness of 3
surveillance warrants and covert search warrants; and 4
(d) whenever the public interest monitor considers it appropriate--to 5
give to the commissioner a report on noncompliance by police 6
officers with this part. 7
(3) Subject to the direction of the public interest monitor, a deputy public 8
interest monitor has the functions mentioned in subsection (2)(a), (b) 9
and (c). 10
annual report 11
Monitor's
81.(1) As soon as practicable after the end of each financial year, but 12
within 4 months after the end of the financial year, the public interest 13
monitor must prepare and give to the Minister a written report on the use of 14
surveillance warrants and covert search warrants under this Act. 15
(2) The Minister must table a copy of the report in the Legislative 16
Assembly within 14 sitting days after receiving the report. 17
(3) The annual report must not contain information that-- 18
(a) discloses or may lead to the disclosure of the identity of any 19
person who has been, is being, or is to be, investigated; or 20
(b) indicates a particular investigation has been, is being, or is to be 21
conducted. 22
(4) The public interest monitor's report may form part of another annual 23
report the monitor is required to prepare under another Act. 24
25
Secrecy
82.(1) A person who is or was a monitor must not record, use or 26
disclose information obtained under this Act and that came to the person's 27
knowledge because of the person's involvement in the administration of 28
this Act. 29
Maximum penalty--85 penalty units or 1 year's imprisonment. 30
s 83 68 s 84
Police Powers and Responsibilities
(2) Subsection (1) does not apply to a person's recording, use or 1
disclosure of information in the performance of his or her functions under 2
this Act. 3
(3) A person who is or was a monitor is not in any proceeding 4
compellable to disclose information obtained under this Act and that came 5
to the person's knowledge because of the person's involvement in the 6
administration of this Act. 7
PART 11--POWER TO GIVE DIRECTIONS IN 8
NOTIFIED AREAS AND OTHER PLACES 9
Division 1--Directions to move-on 10
part applies to behaviour 11
When
83.(1) This part applies to a person's behaviour at or near a prescribed 12
place if a police officer reasonably suspects the behaviour is or has been-- 13
(a) causing anxiety to a reasonable person entering, at or leaving the 14
place; or 15
(b) interfering with trade or business at a place by unnecessarily 16
obstructing, hindering or impeding someone entering, at or 17
leaving the place; or 18
(c) disorderly, indecent, offensive, or threatening to someone 19
entering, at or leaving the place; or 20
(d) disrupting the peaceable and orderly conduct of any event, 21
entertainment or gathering at the place. 22
(2) Subsection (1)(b) applies to premises used for trade or business only 23
if the occupier of the premises complains about the behaviour of a person. 24
part applies to a person's presence 25
When
84.(1) This part applies to a person's presence at or near a prescribed 26
s 85 69 s 87
Police Powers and Responsibilities
place if a police officer reasonably suspects the person's presence is or has 1
been-- 2
(a) causing anxiety to a reasonable person entering, at, or leaving the 3
place; or 4
(b) interfering with trade or business at a place by unnecessarily 5
obstructing, hindering or impeding someone entering, at or 6
leaving the place; or 7
(c) disrupting the peaceable and orderly conduct of any event, 8
entertainment or gathering at the place. 9
(2) Subsection (1)(b) only applies to premises used for trade or business 10
if the occupier of the premises complains about the behaviour of a person. 11
does not apply to authorised public assemblies 12
Division
85. This division does not apply to an authorised public assembly under 13
the Peaceful Assemblies Act 1992. 14
for notified area 15
Proposal
86.(1) A local government or a government entity may apply to the 16
Minister for the declaration of a stated area as a notified area. 17
(2) Before the Governor in Council declares an area to be a notified area, 18
the Minister must ensure any requirements prescribed under a regulation 19
have been complied with. 20
of notified areas 21
Declaration
87.(1) The Governor in Council may, by gazette notice, declare a stated 22
area to be a notified area for this Act. 23
(2) A gazette notice under section (1)-- 24
(a) is subordinate legislation; and 25
(b) is an exempt instrument under Legislative Standards Act 1992. 26
s 88 70 s 89
Police Powers and Responsibilities
may be given to person 1
Direction
88.(1) A police officer may give to a person or group of persons doing a 2
relevant act any direction that is reasonable in the circumstances. 3
(2) Without limiting subsection (1), a direction may require a person to 4
do either of the following-- 5
(a) leave the notified area and not return within a stated reasonable 6
time, of not more than 24 hours; 7
(b) move from a particular location for a stated reasonable distance, 8
in a stated direction and not return or be within the stated distance 9
from the place for a stated reasonable time, of not more than 24 10
hours. 11
(3) The police officer must tell the person or group of persons the 12
reasons for giving the direction. 13
(4) If a person fails to comply with the direction, the police officer must 14
warn the person it is an offence to fail to comply with the direction, unless 15
the person has a reasonable excuse.27 16
17
Examples for subsection (1)--
18
1. If a person sitting in the entrance to a shop is stopping people entering or
19
leaving the shop when it is open for business and the occupier complains, a police
20
officer may give to the person a direction to move away from the entrance.
21
2. If a group of people have been fighting in a night club car park, a police officer
22
may give the people involved in the fight a direction to leave the premises in
23
opposite directions to separate the aggressors.
24
3. If a person has approached a primary school child in circumstances that would
25
cause anxiety to a reasonable parent, a police officer may give the person a direction
26
to leave the area near the school.
2--Breaches of the peace and riots 27
Division
with breach of the peace 28
Dealing
89.(1) This section applies if a police officer reasonably suspects-- 29
27 For the offence, see section 120 (Assault etc. of police officer).
s 90 71 s 91
Police Powers and Responsibilities
(a) a breach of the peace is happening or has happened; or 1
(b) there is an imminent likelihood of a breach of the peace; or 2
(c) there is a threatened breach of the peace. 3
(2) It is lawful for a police officer to take the steps the police officer 4
considers reasonably necessary to prevent the breach of the peace happening 5
or continuing, or the conduct constituting the breach of the peace again 6
happening, even though the conduct prevented might otherwise be lawful. 7
8
Examples--
9
1. The police officer may detain a person until the need for the detention no
10
longer exists.
11
2. A person who pushes in to the front of a queue may be directed to go to the end
12
of the queue.
13
3. Property that may be used in or for breaching the peace may be seized to
14
prevent the danger.
of riot 15
Prevention
90.(1) It is lawful for a police officer to take the steps the police officer 16
reasonably believes are necessary to suppress a riot. 17
(2) It is lawful for a police officer acting under reasonable orders given 18
by a justice for suppressing a riot, to suppress a riot. 19
PART 12--STANDARD SAFEGUARDS 20
1--Application of part 21
Division
does not apply to covert operations 22
Part
91. This part does not apply to functions of a police officer performed in 23
a covert way, including for example, anything done under a covert search 24
warrant. 25
s 92 72 s 95
Police Powers and Responsibilities
Division 2--Right to remain silent not affected 1
to remain silent not affected 2
Right
92. Nothing in this Act affects the right of a person to refuse to answer 3
questions, unless required to answer the questions by or under an Act. 4
Division 3--Safeguards ensuring rights of and fairness to persons 5
questioned for indictable offences 6
of division 7
Application
93. This division applies only to indictable offences. 8
is a person "in custody" for this part 9
When
94.(1) A person is "in custody" for this part if the person is in the 10
company of a police officer for the purpose of being questioned as a suspect 11
about his or her involvement in the commission of an offence. 12
(2) However, a person is not in custody only because of subsection (1) if 13
the officer is exercising any of the following powers-- 14
(a) power conferred under any Act or law to detain and search the 15
person; or 16
(b) power conferred under an Act to require the person to give 17
information or answer questions. 18
to communicate with friend, relative or lawyer 19
Right
95.(1) Before a police officer starts to question a person in custody for an 20
indictable offence, the police officer must inform the person he or she 21
may-- 22
(a) telephone or speak to a friend or relative to inform the person of 23
his or her whereabouts and ask the person to be present during 24
questioning; and 25
(b) telephone or speak to a lawyer of the person's choice and arrange, 26
s 96 73 s 96
Police Powers and Responsibilities
or attempt to arrange, for the lawyer to be present during the 1
questioning. 2
(2) The police officer must delay the questioning for a reasonable time to 3
allow the person to telephone or speak to a person mentioned in 4
subsection (1). 5
(3) If the person arranges for someone to be present, the police officer 6
must delay the questioning for a reasonable time to allow the other person 7
to arrive. 8
(4) If the person in custody wants to speak to a friend, relative or lawyer, 9
the investigating police officer must-- 10
(a) as soon as practicable, provide reasonable facilities to enable the 11
person in custody to speak to the other person; and 12
(b) if the other person is a lawyer and it is reasonably 13
practicable--allow the person in custody to speak to the lawyer in 14
circumstances in which the conversation will not be overheard. 15
(5) If the person in custody arranges for another person to be present 16
during questioning, the investigating police officer must also allow the other 17
person to be present and give advice to the person during the questioning. 18
(6) If the police officer considers the other person is unreasonably 19
interfering with the questioning, the police officer may exclude the person 20
from being present during questioning. 21
(7) Subsections (2) to (6) do not apply to a person to whom section 95 22
or 96 applies. 23
of Aboriginal people and Torres Strait Islanders 24
Questioning
96.(1) This section applies if the police officer in charge of investigating 25
an offence reasonably suspects a person in custody for the offence is an 26
Aborigine or Torres Strait Islander who is at least 17. 27
(2) The police officer must comply with section 95(1). 28
(3) Unless the police officer is aware that the person has arranged for a 29
lawyer to be present during questioning, the police officer must-- 30
(a) inform the person that a representative of a legal aid organisation 31
will be notified that the person is in custody for the offence; and 32
s 97 74 s 97
Police Powers and Responsibilities
(b) as soon as reasonably practicable, notify or attempt to notify a 1
representative of the organisation. 2
(4) Subsection (3) does not apply if, having regard to the person's level 3
of education and understanding, a police officer reasonably suspects the 4
person is not at a disadvantage in comparison with members of the 5
Australian community generally. 6
(5) The police officer must not question the person unless-- 7
(a) before questioning starts, the police officer has, if practicable, 8
allowed the person to speak to the interview friend, if practicable, 9
in circumstances in which the conversation will not be overheard; 10
and 11
(b) an interview friend is present while the person is being 12
questioned. 13
(6) Subsection (5) does not apply if the person has, by a written or 14
electronically recorded waiver, expressly and voluntarily waived his or her 15
right to have an interview friend present. 16
(7) If the police officer considers the interview friend is unreasonably 17
interfering with the questioning, the police officer may exclude the person 18
from being present during questioning. 19
of children 20
Questioning
97.(1) This section applies if-- 21
(a) a police officer wants to question a person in custody as a 22
suspect; and 23
(b) the police officer reasonably suspects the person is a child. 24
(2) The police officer must comply with section 95(1).28 25
(3) The officer must not question the child unless-- 26
(a) before questioning starts, the police officer has, if practicable, 27
allowed the child to speak to the interview friend in circumstances 28
in which the conversation will not be overheard; and 29
28 Section 95 (Right to communicate with friend, relative or lawyer)
s 98 75 s 100
Police Powers and Responsibilities
(b) an interview friend is present while the child is being questioned. 1
(4) If the police officer considers the interview friend is unreasonably 2
interfering with the questioning, the police officer may exclude the person 3
from being present during the questioning. 4
of person after proceeding started 5
Questioning
98.(1) Nothing in this part prevents a person in custody from helping a 6
police officer by making a statement or answering questions in relation to 7
the matter for which the person is charged after a proceeding for the offence 8
has been started. 9
(2) Also, a police officer may question a person in custody to clarify any 10
ambiguity in relation to what was previously said by the person. 11
(3) If new evidence of the offence becomes available a police officer may 12
tell a person in custody of the evidence and invite the person to make a 13
statement. 14
15
Example--
16
If a person has been charged with the offence of rape, and a scientific comparison
17
such as a DNA analysis connects the person with the offence, the police officer may
18
tell the person of the result and invite the person to make a statement.
of persons in custody 19
Cautioning
99.(1) Subject to subsection (3), a police officer must, before starting to 20
question a person in custody, caution the person in the way required under 21
the responsibilities code. 22
(2) The caution must be given in, or translated into, a language in which 23
the person is able to communicate with reasonable fluency, but need not be 24
given in writing unless the person can not hear adequately. 25
(3) This section does not apply if another Act requires the person to 26
answer questions put by, or do things required by, the police officer. 27
of information relating to a person in custody 28
Provision
100.(1) If a relative, friend or lawyer of a person in custody for an 29
offence before being brought before a court asks for information about the 30
s 101 76 s 102
Police Powers and Responsibilities
person's whereabouts, a police officer must, if practicable, inform the 1
person in custody of the request and, after doing so, give the information to 2
the person who asked for it. 3
(2) Subsection (1) does not apply if-- 4
(c) the person in custody does not agree in writing to giving the 5
information; or 6
(d) the police officer reasonably suspects the person asking for the 7
information is not a relative, friend or lawyer of the person in 8
custody. 9
to interpreter 10
Right
101.(1) This section applies if a police officer reasonably suspects a 11
person in custody is unable, because of inadequate knowledge of the 12
English language or a physical disability, to speak with reasonable fluency 13
in English. 14
(2) Before starting to question the person, the police officer must arrange 15
for the presence of an interpreter and delay the questioning or investigation 16
until the interpreter is present. 17
(3) In this section-- 18
"investigation" means the process of using investigative methodologies, 19
other than fingerprinting, searching or taking photos of the person, that 20
involve interaction by a police officer with the person, for example, an 21
examination or the taking of samples from the person. 22
of foreign national to communicate with embassy etc. 23
Right
102.(1) This section applies to a person in custody who is not an 24
Australian citizen. 25
(2) Before a police officer starts to question the person, the police officer 26
must inform the person that he or she may telephone, or attempt to 27
telephone, the embassy or consular office of the country of which the 28
person is a citizen. 29
(3) If the person wishes to telephone the appropriate embassy or consular 30
office, the police officer must-- 31
s 103 77 s 104
Police Powers and Responsibilities
(a) as soon as practicable, make available to the person reasonable 1
facilities for the purpose; and 2
(b) delay the questioning for a reasonable time to allow the person to 3
telephone, or attempt to telephone, the appropriate embassy or 4
consular office. 5
of a person in custody to be electronically recorded 6
Rights
103. A police officer who is required under this part to give to a person 7
in custody information (including a caution) must, if practicable, 8
electronically record the giving of the information to the person and the 9
person's response. 10
of confessions and admissions 11
Recording
104.(1) This section applies if a person in custody makes a confession or 12
admission to a police officer. 13
(2) The confession or admission is admissible as evidence against the 14
person in a proceeding only if it is written or electronically recorded as 15
required by this section. 16
(3) If the confession or admission is recorded, the confession or 17
admission must be part of a recording of the questioning of the person and 18
anything said by the person during questioning of the person. 19
(4) If the confession or admission is written, the way the written record 20
of the confession or admission is made must comply with subsection (5) 21
to (9). 22
(5) While questioning the person or as soon as reasonably practicable 23
afterwards, a police officer must make a written record, in English or the 24
language the person used during questioning, of the things said by or to the 25
person during questioning. 26
(6) As soon as practicable after making the record-- 27
(a) it must be read to the person in English or, if the record is not in 28
English, in the language the person used during questioning; and 29
(b) the person must be given a copy of the record. 30
(7) Before reading the record to the person, an explanation, complying 31
s 105 78 s 105
Police Powers and Responsibilities
with the responsibilities code, must be given to the person of the procedure 1
to be followed to comply with this section. 2
(8) The person must be given the opportunity, during and after the 3
reading, to draw attention to any error in or omission from the record he or 4
she claims were made in the written record. 5
(9) A recording must be made of the reading mentioned in subsection (6) 6
and everything said by or to the person during the reading, and anything 7
else done to comply with this section. 8
(10) A police officer must, in relation to the questioning, confession or 9
admission, or confirmation of a confession or admission, of a person 10
recorded under this section, without charge-- 11
(a) if the recording is an audio or video recording only--make a copy 12
of the recording available to the person or his or her lawyer within 13
7 days after making the recording; and 14
(b) if both audio and video recordings were made-- 15
(i) make a copy of the audio recording available to the person or 16
his or her lawyer within 7 days after making the recording; 17
and 18
(ii) notify the person or his or her lawyer that, if the person asks, 19
an opportunity will be provided to view the video recording; 20
and 21
(c) if a transcript of an audio recording is made--on request, give to 22
the person or his or her lawyer a copy of the transcript. 23
(11) If a court considers this section has not been complied with or there 24
is not enough evidence of compliance, the court may, despite the 25
noncompliance, admit evidence to which this section applies if, having 26
regard to the nature of and the reasons for the noncompliance and any other 27
relevant matters, the court is satisfied, in the special circumstances of the 28
case, admission of the evidence would be in the interests of justice. 29
of interview friends and interpreters 30
List
105.(1) The commissioner must, so far as is reasonably practicable, keep 31
a list of interview friends and interpreters. 32
s 106 79 s 107
Police Powers and Responsibilities
(2) The commissioner must revise the list at the times the commissioner 1
considers appropriate. 2
(3) The list must, so far as is reasonably practicable, specify the 3
languages that each person on the list is able to understand and speak. 4
sections 9597, 100 and 102 do not apply 5
When
106.(1) Sections 95 to 97, 100 and 102 29 do not apply if a police officer 6
reasonably suspects that compliance with the sections is likely to result in-- 7
(a) an accomplice or accessory of the person taking steps to avoid 8
apprehension; or 9
(b) an accomplice or accessory being present during questioning; or 10
(c) evidence being concealed, fabricated or destroyed; or 11
(d) a witness being intimidated. 12
(2) Subsection (1) also applies to a requirement to delay questioning if, 13
having regard to the safety of other people, questioning is so urgent that it 14
should not be delayed. 15
(3) This section applies only for so long as the police officer has the 16
reasonable suspicion. 17
4--Safeguards for things seized during searches 18
Division
for seized property 19
Receipt
107.(1) If a police officer seizes anything under this Act, the police 20
officer must, as soon as is reasonably practicable after seizing the thing, 21
give or cause to be given to the person from whom it is seized or the 22
occupier of the premises from which it is taken, a receipt for the thing. 23
(2) The receipt must describe the thing seized and include any other 24
29 Sections 95 (Right to communicate with friend, relative or lawyer),
96 (Questioning of Aboriginal people and Torres Strait Islanders),
97 (Questioning of children), 100 (Provision of information relating to a person
in custody) and 102 (Right of foreign national to communicate with embassy
etc.)
s 108 80 s 108
Police Powers and Responsibilities
information required under the responsibilities code. 1
(3) If the occupier of the premises is not present, the receipt must be left 2
in a conspicuous place. 3
after property is seized 4
Requirements
108.(1) Within 28 days after a police officer seizes anything as evidence, 5
the police officer must apply to a justice of the peace (magistrates court) or a 6
magistrate (the "issuer") for an order under subsection (4) in relation to the 7
thing seized, unless-- 8
(a) a proceeding has been started with respect to the thing seized; or 9
(b) consent to the continued keeping of the thing has been given by 10
the owner or the person who had lawful possession of the thing 11
before it was seized; or 12
(c) it is to be destroyed because it has no intrinsic value; or 13
(d) it is disposed of because it is perishable; or 14
(e) it is destroyed under the Drugs Misuse Act 1986, section 52; or 15
(f) it is returned under section 110. 16
17
Example for subsection (1)(c)--
18
Samples of hair taken from a person but not to be used as evidence because the
19
person is not charged with an offence.
20
Example for subsection (1)(d)--
21
Fruit, vegetables or meat that will not keep.
(2) An application for an order under subsection (4) must also be made 22
within 28 days after either of the following happens-- 23
(a) a proceeding started with respect to the thing seized is 24
discontinued without any order being made in relation to the 25
thing; 26
(b) the consent of the owner or the person who had lawful 27
possession of the thing before it was seized is withdrawn. 28
(3) An application under subsection (1) or (2) must be accompanied by 29
any warrant under which the thing was seized, with a record made on it 30
s 109 81 s 110
Police Powers and Responsibilities
under section 118.30 1
(4) The issuer may, in relation to the thing, order-- 2
(a) that it be kept in the possession of a police officer until the end of 3
any proceeding involving the thing and any appeal; or 4
(b) that it be photographed and returned to its owner or the person 5
who had lawful possession of it before it was seized on condition 6
that the owner or person undertakes to produce it before a court in 7
any later proceeding involving the thing; or 8
(c) that it be dealt with by way of a proceeding under the Justices Act 9
1886, section 39 or a forfeiture proceeding; or 10
(d) that it be disposed of or destroyed in the way the issuer orders. 11
(5) If an application is not made under subsection (1), the police officer 12
must deal with the thing in the way specified in the responsibilities code. 13
to inspect seized documents 14
Right
109. Unless a justice otherwise orders, a police officer who seizes a 15
document must allow a person who would be entitled to the document-- 16
(a) to inspect it at any reasonable times and from time to time; and 17
(b) to take extracts from or make copies of it. 18
of seized things 19
Return
110. Unless a justice otherwise orders, a police officer must return a 20
seized thing to the owner or the person who had lawful possession of the 21
thing before it was seized if the officer is satisfied-- 22
(a) its retention as evidence is no longer required; and 23
(b) it is lawful for the person to have possession of the thing. 24
30 Section 118 (Record of execution of warrant or order)
s 111 82 s 112
Police Powers and Responsibilities
Division 5--Other safeguards 1
the dignity of persons during search 2
Protecting
111.(1) This section applies to a search of a person under this Act. 3
(2) A police officer may require the person to remove items of clothing. 4
(3) However, if it is necessary for the person to remove all clothing other 5
than underwear, or all clothing, the search must, if practicable, be conducted 6
in a place providing reasonable privacy for the person. 7
(4) Unless an immediate search is necessary, the person conducting the 8
search must be either-- 9
(a) a police officer of the same sex as the person to be searched; or 10
(b) if there is no police officer of the same sex available to search the 11
person--someone else acting at the direction of a police officer 12
and of the same sex as the person to be searched; or 13
(c) a doctor acting at the direction of a police officer. 14
15
Example--
16
An immediate search by a person of the opposite sex may be necessary because
17
the person searched may have a bomb strapped to the body or a firearm concealed on
18
them.
(5) If the police officer seizes clothing because of the search, the police 19
officer must ensure the person is left with or given reasonably appropriate 20
clothing. 21
22
Example for subsection (5)--
23
The clothing may be evidence of the commission of an offence.
(6) Also, if it is impracticable to search for a thing that may be concealed 24
on a person where the person is, the police officer may take the person to a 25
place with adequate facilities for conducting the search. 26
police officer's details etc. 27
Supplying
112.(1) This section applies if a police officer-- 28
(a) searches or arrests a person; or 29
s 112 83 s 112
Police Powers and Responsibilities
(b) searches a vehicle; or 1
(c) searches a place other than a public place; or 2
(d) seizes any property; or 3
(e) stops or detains a person or vehicle; or 4
(f) requires a person to state his or her name and address; or 5
(g) gives to a person a direction under section 20 or 88;31 6
(h) enters a place to make an inquiry, investigation or serve a 7
document. 8
(2) The police officer must, as soon as is reasonably practicable after 9
exercising the relevant power, inform the person the subject of the power of 10
the following-- 11
(a) if not in uniform-- 12
(i) that he or she is a police officer; and 13
(ii) of his or her name, rank and station; or 14
(b) if in uniform--state his or her name, rank and station. 15
(3) If the police officer is not in uniform the police officer must also 16
produce for inspection his or her identity card. 17
(4) If the police officer is searching a person, vehicle or place, other than 18
under a search warrant,32 the police officer must state the purpose of the 19
search and the reason for seizing any property. 20
(5) The police officer must also, if exercising a power in 21
subsection (1)(a), (b), (c) or (d), record in the register the relevant details of 22
the search, arrest or property seized. 23
(6) If 2 or more police officers are searching a vehicle or place under 24
part 4 or 5, only the senior police officer present is required to comply with 25
subsections (2) to (5). 26
(7) However, if a person asks another police officer for the information 27
31 Section 20 (Powers at crime scenes) or 88 (Direction may be given to person)
32 The reasons for the search must be stated in the warrant under section 29 and a
copy given to the occupier under section 30.
s 113 84 s 115
Police Powers and Responsibilities
mentioned in subsection (2) or (3), the police officer must give to the 1
person the information requested. 2
to be given to arrested person 3
Information
113.(1) A police officer who arrests a person without warrant must, as 4
soon as is reasonably practicable after the arrest, inform the person that the 5
person is under arrest and of the nature of the offence for which the person 6
is arrested. 7
(2) Before the person is released from police custody, a police officer 8
must give to the person, in writing, the name, rank and station of the 9
arresting officer. 10
and chief executive must be advised of arrest of child 11
Parent
114.(1) A police officer who arrests a child must promptly advise of the 12
arrest and whereabouts of the child-- 13
(a) a parent of the child, unless a parent can not be found after 14
reasonable inquiry; and 15
(b) the chief executive or a person who holds an office within the 16
department nominated by the chief executive for the purpose. 17
(2) In this section-- 18
"chief executive" means the chief executive of the department within which 19
the Family Services Act 1987 is administered. 20
"parent", of a child, includes someone who is apparently a parent of the 21
child. 22
officer to consider alternatives to proceeding against child 23
Police
115.(1) A police officer, before starting a proceeding against a child for 24
an offence, other than by arrest, must first consider whether in all the 25
circumstances it would be more appropriate-- 26
(a) to take no action; or 27
(b) to administer a caution to the child under the Juvenile Justice 28
Act 1992; or 29
s 116 85 s 118
Police Powers and Responsibilities
(c) to refer the offence to a community conference under the Juvenile 1
Justice Act 1992. 2
(2) The circumstances to which the police officer must have regard 3
include-- 4
(a) the circumstances of the alleged offence; and 5
(b) the child's previous history known to the police officer. 6
(3) If necessary the police officer must delay starting a proceeding to 7
consider the matters mentioned in subsection (2). 8
(4) This section does not prevent a police officer starting a proceeding 9
against a child for an offence by way of-- 10
(a) complaint and summons under the Justices Act 1886; or 11
(b) attendance notice under the Juvenile Justice Act 1992. 12
on period of detention for search 13
Limitation
116. A police officer who detains a person for a search must not detain 14
the person any longer than is reasonably necessary for the purpose. 15
to be given copy of information in register 16
Persons
117.(1) This section applies to information recorded in a register the 17
commissioner must keep under this Act. 18
(2) If the person to whom the information relates asks, a police officer 19
must, as soon as reasonably practicable, give to the person a copy or 20
print-out of the information. 21
(3) This section does not apply to information the commissioner may not 22
otherwise disclose under this or another Act. 23
of execution of warrant or order 24
Record
118. A police officer who executes a warrant or order must, if reasonably 25
practicable, write the following on the back of the original warrant or order, 26
or form of warrant or order and sign the document-- 27
(a) the date and time of execution; 28
s 119 86 s 120
Police Powers and Responsibilities
(b) the name of the person on whom it was executed; 1
(c) if supplied--the name of the occupier of the place; 2
(d) the name, rank, registered number, if any, and station of the 3
police officer. 4
accommodation to be provided in some cases 5
Alternative
119.(1) This section applies if, because of a direction given at a crime 6
scene, the occupier of a dwelling can not continue to live in the dwelling 7
while the place is a crime scene or because of damage caused to the place in 8
the exercise of powers under section 20.33 9
(2) The commissioner must, if asked, arrange alternative accommodation 10
for the person for the time the person can not live in the place. 11
(3) This section does not apply to a person who is detained in lawful 12
custody. 13
PART 13--ASSAULT OR OBSTRUCTION OF POLICE 14
OFFICERS 15
etc. of police officer 16
Assault
120.(1) A person must not assault or obstruct a police officer in the 17
performance of the officer's duties. 18
Maximum penalty--20 penalty units or 6 months imprisonment. 19
(2) In this section-- 20
"assault" has the meaning given by the Criminal Code. 21
"obstruct" includes contravene a requirement or direction under this Act, 22
hinder, resist and attempt to obstruct. 23
33 Section 20 (Powers at crime scene)
s 121 87 s 123
Police Powers and Responsibilities
PART 14--MISCELLANEOUS POWERS 1
of offences 2
Prevention
121. It is lawful for a police officer to take the steps the police officer 3
considers reasonably necessary to prevent the commission of an offence. 4
of place to prevent offence or injury 5
Entry
122.(1) It is lawful for a police officer to enter a place if the police officer 6
reasonably suspects there is an imminent risk of injury to a person at the 7
place or an offence involving damaging property at the place. 8
(2) The police officer may detain anyone at the place for the time 9
reasonably necessary to establish whether the imminent risk of injury or 10
damage exists. 11
(3) If the police officer reasonably suspects the imminent risk of injury 12
or damage exists, the police officer may detain a person for the purpose of a 13
search or to prevent continued acts of violence and-- 14
(a) search anyone detained for anything that may be, or has been, 15
used to cause the injury or damage; and 16
(b) search the place for anything that may be, or has been, used to 17
cause the injury or damage; and 18
(c) seize anything found at the place or a person on it. 19
(4) Anything seized under subsection (3)(c) must be returned to the 20
owner of the property within 7 days after it is seized if-- 21
(a) it is lawful for the person to possess it; and 22
(b) it is not required as an exhibit in a proceeding for the offence. 23
(5) For this section, a place that is a building, includes a vehicle in the 24
place. 25
officer may use assistance in exercising certain powers 26
Police
123.(1) It is lawful for a police officer exercising a power under this Act 27
at a place to take onto the place any person (the "assistant"), equipment or 28
s 124 88 s 126
Police Powers and Responsibilities
material the officer reasonably requires for exercising the power. 1
(2) If the police officer takes an assistant onto the place, the police officer 2
may authorise the assistant-- 3
(a) to take stated action at the place; and 4
(b) to exercise stated powers the police officer is authorised to 5
exercise. 6
(3) However, the police officer can not authorise the assistant to arrest a 7
person or demand a person's name and address. 8
(4) The police officer must inform the assistant-- 9
(a) of the action the assistant is authorised to take; and 10
(b) of the assistant's powers under this section. 11
for assistants from liability 12
Protection
124.(1) An assistant does not incur civil liability for an act done, or 13
omission made, honestly and without negligence, while acting as an 14
assistant. 15
(2) If subsection (1) prevents a civil liability attaching to an assistant, 16
liability attaches instead to the State. 17
to use force--exercise of certain powers 18
Power
125. It is lawful for a police officer exercising a power under this or any 19
other Act in relation to a thing, and anyone helping the police officer, to use 20
reasonably necessary force to exercise the power. 21
22
Examples--
23
1. Forced entry may be necessary to execute a search warrant and seize items.
24
2. Forced entry may be needed for covert entry to a place to install a surveillance
25
device.
26
3. Force may be used to stop vehicles.
to use force against individuals 27
Power
126.(1) It is lawful for a police officer exercising powers under this or 28
s 127 89 s 127
Police Powers and Responsibilities
any other Act against an individual, and anyone helping the police officer, to 1
use reasonably necessary force for exercising the powers. 2
(2) Also, it is lawful for a police officer to use reasonably necessary force 3
to prevent a person from escaping from lawful custody. 4
(3) The force a police officer may use under this section does not include 5
force likely to cause grievous bodily harm to a person or the person's death. 6
to use force against individuals in critical situations 7
Power
127.(1) This section applies if a police officer reasonably suspects a 8
person-- 9
(a) has committed, is committing, or is about to commit an offence 10
punishable by life imprisonment; or 11
(b) has committed an offence punishable by life imprisonment and is 12
attempting to escape arrest or has escaped from arrest or custody. 13
(2) Also, this section applies if-- 14
(a) a police officer reasonably suspects a person is doing, or is about 15
to do, something likely to cause grievous bodily harm to, or the 16
death of, another person; and 17
(b) the police officer reasonably suspects he or she can not prevent 18
the grievous bodily harm or death other than in the way 19
authorised under this section. 20
(3) It is lawful for the police officer to use the force reasonably 21
necessary-- 22
(a) to prevent the continuation or repetition of the offence or the 23
commission of another offence punishable by life imprisonment; 24
or 25
(b) to apprehend the person; or 26
(c) to prevent the escape of a person from arrest or custody; or 27
(d) to prevent the commission of an act mentioned in subsection (2). 28
(4) The force a police officer may use under this section includes force 29
likely to cause grievous bodily harm to a person or the person's death. 30
(5) If the police officer reasonably believes it is necessary to use force 31
s 128 90 s 129
Police Powers and Responsibilities
likely to cause grievous bodily harm to a person or the person's death, the 1
police officer must, if practicable, first call on the person to stop doing the 2
unlawful act. 3
ART 15--GENERAL 4
P
of duty 5
Performance
128. A police officer performing a function of the police service is 6
performing a duty of a police officer even if the function could be 7
performed by someone other than a police officer. 8
warrants, orders and authorities, etc., by telephone or 9
Obtaining
similar facility 10
129.(1) This section applies if, under this Act, a police officer may obtain 11
a warrant, approval, notice to produce a document or another authority 12
(a "prescribed authority") before doing a stated act. 13
(2) A police officer may apply to the person who may issue the 14
prescribed authority (the "issuer") for the prescribed authority by phone, 15
fax, radio or another similar facility if, for any reason, it is impracticable to 16
apply for the authority in person. 17
(3) Before making the application, the police officer must prepare an 18
application stating the grounds on which the application is made. 19
(4) The police officer may apply for the prescribed authority before the 20
application is sworn. 21
(5) After issuing the prescribed authority, the issuer must immediately 22
fax a copy to the police officer if it is reasonably practicable to fax a copy. 23
(6) If it is not reasonably practicable to fax a copy to the police officer the 24
issuer must-- 25
(a) tell the police officer what the terms of the prescribed authority 26
are; and 27
(b) tell the police officer the date and time the prescribed authority 28
s 130 91 s 130
Police Powers and Responsibilities
was issued. 1
(7) The prescribed authority form, or the prescribed authority form 2
properly completed by the police officer, authorises the performance of the 3
act for which the authority is obtained. 4
(8) The police officer must, at the first reasonable opportunity, send the 5
issuer-- 6
(a) the sworn application; and 7
(b) if the police officer completed a prescribed authority form--the 8
completed prescribed authority form. 9
(9) On receiving the documents, the issuer must attach them to the 10
prescribed authority. 11
(10) Subsection (11) applies to a court if-- 12
(a) a question arises, in a proceeding in or before the court, whether a 13
power that may be performed under a prescribed authority under 14
this Act was authorised by a prescribed authority under this 15
section; and 16
(b) the authority is not produced in evidence. 17
(11) The court may presume the exercise of the power was not 18
authorised by a prescribed authority under this section, unless the contrary 19
is proved. 20
of methodologies 21
Protection
130.(1) In a proceeding for an offence, a police officer can not be 22
required to disclose information mentioned in subsection (2) unless the 23
court is satisfied disclosure of the information is necessary-- 24
(a) for the fair trial of the defendant; or 25
(b) to find out whether the scope of a law enforcement investigation 26
has exceeded the limits imposed by law; or 27
(c) in the public interest. 28
(2) The information for subsection (1) is information that could, if 29
disclosed, reasonably be expected-- 30
(a) to prejudice the investigation of a contravention or possible 31
s 131 92 s 132
Police Powers and Responsibilities
contravention of the law; or 1
(b) to enable the existence or identity of a confidential source of 2
information, in relation to the enforcement or administration of 3
the law, to be ascertained; or 4
(c) to endanger a person's life or physical safety; or 5
(d) to prejudice the effectiveness of a lawful method or procedure for 6
preventing, detecting, investigating or dealing with a 7
contravention or possible contravention of the law; or 8
(e) to prejudice the maintenance or enforcement of a lawful method 9
or procedure for protecting public safety; or 10
(f) to facilitate a person's escape from lawful custody. 11
12
Compensation
131.(1) This section applies if a person suffers loss because a police 13
officer exercises powers under this Act. 14
(2) Compensation is payable by the State to the person whose property is 15
damaged. 16
(3) However, compensation is not payable to a person if the person is 17
found guilty of the commission of an indictable offence because of the 18
exercise of the powers. 19
(4) Also, compensation is not payable for the lawful seizure of a thing 20
under this Act. 21
(5) The Minister is to decide the amount of the compensation. 22
(6) A person who is dissatisfied with the Minister's decision under 23
subsection (5) may apply to a court, within 28 days, for compensation 24
under this section. 25
(7) If the person applies under subsection (6), the court may decide the 26
amount of the compensation. 27
of responsibilities code 28
Availability
132. The commissioner must ensure a copy of the responsibilities code 29
s 133 93 s 136
Police Powers and Responsibilities
is available for inspection at any police station by anyone who asks to 1
inspect it. 2
forms 3
Approved
133. The commissioner may approve forms for use under this Act. 4
of Act 5
Review
134.(1) The Minister must ensure the operation of this Act is regularly 6
reviewed. 7
(2) The first review must start no sooner than 6 months after the 8
commencement of this section and be completed within 3 years. 9
power 10
Regulation-making
135.(1) The Governor in Council may make regulations under this Act. 11
(2) Without limiting subsection (1), a regulation may make provision 12
with respect to the responsibilities of police officers under this Act. 13
(3) A regulation made for subsection (2) may include operational 14
guidelines for police officers. 15
(4) However, operational guidelines are not part of the regulation. 16
provision about exercise of public official's powers 17
Transitional
136.(1) Despite section 12,34 any police officer may continue to exercise 18
the powers of a public official under an authorising law to which the section 19
applies for 1 year after the commencement of this section, unless an earlier 20
day is declared under a regulation for the authorising law. 21
(2) A regulation may extend the period mentioned in subsection (1) by 22
up to 1 year. 23
(3) The section expires 1 year after it commences or a later day 24
prescribed under a regulation made under subsection (2). 25
34 Section 12 (Authorising provisions of other Acts of no effect)
s 137 94 s 139
Police Powers and Responsibilities
provision about noncompliance with requirements for 1
Transitional
warrants etc. 2
137.(1) A failure within 1 year after the commencement of this section to 3
comply with a provision of this Act that requires an application for a 4
warrant or other document to include information about any relevant 5
documents issued in the previous year does not invalidate the document. 6
(2) The section expires 1 year after it commences. 7
provision about change in way powers may be exercised 8
Transitional
138.(1) This section applies if, before the commencement of this section, 9
a police officer was authorised under any Act or law or rule of practice to 10
exercise a power in relation to a person or thing and this Act changes the 11
way the power may be exercised. 12
(2) The exercise of the power after the commencement is not unlawful 13
only because the police officer exercises it in accordance with the Act, law 14
or rule of practice in force immediately before the commencement. 15
(3) This section expires 7 days after it commences. 16
amended 17
Acts
139. Schedule 2 amends the Acts mentioned in it. 18
95
Police Powers and Responsibilities
CHEDULE 1 1
¡S
ACTS NOT AFFECTED BY THIS ACT 2
section 7 3
Bail Act 1980 4
Crime Commission Act 1997 5
Criminal Justice Act 1989 6
Domestic Violence (Family Protection) Act 1989 7
Juvenile Justice Act 1992, other than to the extent to which section 35 (2) 8
and parts 8 and 12 of this Act apply to children 9
Mental Health Act 1974 10
Noise Abatement Act 1978 11
Public Safety Preservation Act 1986 12
State Counter-Disaster Organisation Act 1975 13
Traffic Act 1949, other than sections 35(2), 37(5) and 42. 14
15
96
Police Powers and Responsibilities
CHEDULE 2 1
¡S
ACTS AMENDED 2
section 139 3
JUSTICES ACT 1886 4
´
1. Section 56A-- 5
omit, insert-- 6
`Right of entry to serve summons 7
`56A.(1) Subject to subsection (3), a public officer, and a person acting 8
in aid of the public officer, may enter, and stay for a reasonable time in or 9
on a place for the purpose of serving a summons. 10
(2) The officer must produce the officer's identification to any person 11
requesting proof of the officer's authority to be in or on the place. 12
(3) If the place is premises, or the part of premises, used exclusively for 13
residential purposes, a public officer, and a person acting in aid of the public 14
officer, may enter the place only with the consent of the occupier.'. 15
OLICE SERVICE ADMINISTRATION ACT 1990 16
´P
1. Section 1.4, definition "breach of discipline", after `this Act', first 17
mention-- 18
insert-- 19
`, the Police Powers and Responsibilities Act 1997'. 20
2. Section 3.6-- 21
omit. 22
97
Police Powers and Responsibilities
SCHEDULE 2 (continued)
3. Section 10.20A-- 1
omit. 2
TRAFFIC ACT 1949 3
´
1. Section 35(2)-- 4
omit. 5
2. Section 37(5), from `Whenever' to `officer,'-- 6
omit, insert-- 7
`If a superintendent (other than a police officer) or the chief executive'. 8
3. Section 42-- 9
omit. 10
98
Police Powers and Responsibilities
CHEDULE 3 1
¡S
ICTIONARY 2
D
section 3 3
"at" a place, includes in or on the place. 4
"authorised person" means a person authorised under the responsibilities 5
code for this Act. 6
"authorising law" see-- 7
· section 10 8
· section 11.35 9
"boat" includes a ship or other vessel of any size or type and however 10
propelled or moved, including, for example, a rowing boat, hovercraft 11
and a submersible vessel. 12
"child" means a child within the meaning of the Juvenile Justice Act 1992. 13
"class A device" means a surveillance device installed-- 14
(a) in a private place, or on a suspect's clothing, without the suspect's 15
consent; or 16
(b) in a public place; 17
but does not include a visual surveillance device installed in a public 18
place or, with the occupier's consent, a private place. 19
"class B device" means a tracking device installed in a vehicle or other 20
moveable object without covert entry to a building by the person 21
installing it. 22
"commissioner" means the commissioner of police. 23
"court" includes anyone conducting a committal proceeding. 24
35 Section 10 (Appointment of police officers as public officials for other Acts)
and 11 (Exercise of powers under other Acts)
99
Police Powers and Responsibilities
SCHEDULE 3 (continued)
"crime scene" means a primary or secondary crime scene. 1
"crime scene warrant" see section 18.36 2
"dangerous drug" see the Drugs Misuse Act 1986. 3
"declared law enforcement agency" means an entity declared under a 4
regulation to be a law enforcement agency for this Act. 5
"detention order" see the Juvenile Justice Act 1992. 6
"detention period" see section 50(3).37 7
"driver" includes rider. 8
"dwelling"-- 9
1. A "dwelling" includes a building or other structure, or part of a 10
building or other structure, kept by the owner or occupier (the 11
"owner") as a residence for the owner, a member of the owner's 12
family or an employee of the owner. 13
2. In deciding whether a building or other structure is a dwelling, it 14
is immaterial that the building or other structure is from time to 15
time uninhabited. 16
3. A building or other structure adjacent to, and occupied with, a 17
dwelling is part of the dwelling if it is connected to the dwelling, 18
whether directly or by a covered and enclosed passage leading 19
from the one to the other, but not otherwise. 20
4. A "dwelling" also includes a boat (other than an external deck of 21
the boat) used or kept as a residence for the owner, a member of 22
the owner's family or an employee of the owner. 23
"enter" a place, includes re-enter the place. 24
"evidence of the commission of an offence", includes-- 25
(a) a thing or activity that is or may provide evidence of the offence; 26
and 27
36 Section 18 (Crime scene warrant)
37 Section 50 (Initial period of detention for questioning)
100
Police Powers and Responsibilities
SCHEDULE 3 (continued)
(b) a thing that will, itself or by or on scientific examination, provide 1
evidence of the commission of the offence; and 2
(c) a thing that is intended to be used for the purpose of committing 3
the offence; and 4
(d) a thing that may be liable to forfeiture or may be used in evidence 5
for a forfeiture proceeding. 6
"forfeiture proceeding" means a proceeding for the forfeiture or restraint 7
of property under the Crimes (Confiscation) Act 1989 or another Act. 8
"government entity" see the Public Service Act 1996, section 21.38 9
"identifying particulars"-- 10
(a) means any of the following-- 11
(i) palm prints; 12
(ii) fingerprints; 13
(iii) handwriting; 14
(iv) voice prints; and 15
(b) includes photographs of a person's identifying features. 16
17
Examples for paragraph (b)--
18
1. Photographs of scars or tattoos.
19
2. Photographs of the person.
"interview friend" means-- 20
(a) for an Aborigine or Torres Strait Islander who is at least 17-- 21
(i) a relative or another person chosen by the person; or 22
(ii) a lawyer acting for the person; or 23
(iii) a representative of a legal aid organisation; or 24
(iv) a person whose name is included in a list of interview 25
friends and interpreters; or 26
38 Section 21 (What is a government entity)
101
Police Powers and Responsibilities
SCHEDULE 3 (continued)
(b) for a child-- 1
(i) a parent or guardian of the child; or 2
(ii) a lawyer acting for the child; or 3
(iii) a person acting for the child who is employed by an agency 4
whose primary purpose is to provide legal services; or 5
(iv) if no-one mentioned in subparagraphs (i) to (iii) is 6
available--a relative or friend of the child who is acceptable 7
to the child; or 8
(v) if the child is an Aborigine or a Torres Strait Islander and 9
no-one mentioned in subparagraphs (i) to (iv) is available--a 10
person whose name is included in the list of interview 11
friends and interpreters; or 12
(vi) if no-one mentioned in subparagraphs (i) to (v) is 13
available--a justice of the peace other than a justice of the 14
peace who is a member of the Queensland Police Service, or 15
a justice of the peace (commissioner for declarations). 16
"legal aid organisation" means an organisation declared under a regulation 17
to be an organisation that provides legal assistance to Aboriginal 18
people and Torres Strait Islanders. 19
"list of interview friends and interpreters" means the list of interview 20
friends and interpreters kept by the commissioner under section 105.39 21
"listening device" means any instrument, apparatus, equipment or device 22
(other than a hearing aid for persons with an auditory impairment) 23
capable of being used to overhear, record, monitor or listen to a private 24
conversation simultaneously with its taking place. 25
"make an inquiry" includes find out whether someone is in a place. 26
"monitor" means-- 27
(a) the public interest monitor appointed under section 79; or 28
39 Section 105 (List of interview friends and interpreters)
102
Police Powers and Responsibilities
SCHEDULE 3 (continued)
(b) a deputy public interest monitor.40 1
"notice to appear" means a notice to appear served under section 40.41 2
"notice to produce" see section 32.42 3
"organised crime" means an ongoing criminal enterprise to commit 4
serious indictable offences in a systematic way involving a number of 5
people and substantial planning and organisation. 6
"photograph" includes videotape. 7
"place" includes-- 8
(a) premises; and 9
(b) vacant land; and 10
(c) a vehicle; and 11
(d) a place in Queensland waters; and 12
(e) a place held under 2 or more titles or owners. 13
"police service" means the Queensland Police Service. 14
"possession" includes-- 15
(a) custody; and 16
(b) control. 17
"premises" includes-- 18
(a) a building or structure, or part of a building or structure, of any 19
type; and 20
(b) a group of buildings or structures, or part of a group of buildings 21
or structures, of any type; and 22
(c) the land or water where a building or structure, or a group of 23
buildings or structures, is situated; and 24
40 Section 79 (Public interest monitor)
41 Section 40 (Notice to appear may be issued for offence)
42 Section 32 (Notice to produce documents)
103
Police Powers and Responsibilities
SCHEDULE 3 (continued)
(d) a vehicle and a caravan; and 1
(e) a tent or cave; and 2
(f) premises held under 2 or more titles or owners. 3
"prescribed place", for part 11,43 means-- 4
(a) a shop; or 5
(b) a child-care centre; or 6
(c) a pre-school centre; or 7
(d) a primary, secondary or special school; or 8
(e) premises licensed under the Liquor Act 1992; or 9
(f) a railway station and any railway land around it; or 10
(g) a place declared under section 87 to be a notified area.44 11
"primary crime scene" means a place-- 12
(a) where a 7 year imprisonment offence or an offence involving 13
deprivation of liberty has happened; and 14
(b) it is necessary to protect for the time reasonably necessary to 15
search for and gather evidence of the commission of the offence. 16
"private conversation" means any words spoken by one person to another 17
person in circumstances that indicate-- 18
(a) that those persons desire the words to be heard or listened to only 19
by themselves; or 20
(b) that indicate that either of those persons desires the words to be 21
heard or listened to only by themselves and by some other 22
person; 23
but does not include words spoken by one person to another person in 24
circumstances in which either of those persons ought reasonably to 25
expect the words may be overheard, recorded, monitored or listened to 26
43 Part 11 (Power to give directions in notified areas and other places)
44 Section 87 (Declaration of notified areas)
104
Police Powers and Responsibilities
SCHEDULE 3 (continued)
by some other person, not being a person who has the consent, 1
express or implied, of either of those persons to do so. 2
"public official", for an authorising law, means a person who, under the 3
authorising law, is authorised to perform inspection or enforcement 4
functions. 5
"public prosecutor" means the director, deputy director, or another lawyer 6
appointed under the Director of Public Prosecutions Act 1984. 7
"questioning period", means the time for which a person may be 8
questioned under this Act in relation to an offence. 9
"reasonably believe" means believe on grounds that are reasonable in the 10
circumstances. 11
"reasonably suspects" means suspects on grounds that are reasonable in 12
the circumstances. 13
"relevant act" means conduct of a kind mentioned in section 83 or 84.45 14
"relevant offence", for part 9, division 2, see section 57.46 15
"responsibilities code" means the code of responsibilities of police officers 16
prescribed under a regulation. 17
"responsible officer", for a crime scene-- 18
(a) see section 17;47 and 19
(b) includes another police officer who assumes control of the crime 20
scene. 21
"riot" see the Criminal Code, section 61(4).48 22
45 Section 83 (When part applies to behaviour) or 84 (When part applies to
person's presence)
46 Section 57 (Power to fingerprint, photograph etc.)
47 Section 17 (Initial establishment of crime scene)
48 The Criminal Code, section 61(4), provides as follows--
`(4) When an unlawful assembly has begun to act in so tumultuous a manner as to
disturb the peace, the assembly is called a "riot", and the persons assembled are
said to be "riotously assembled".'.
105
Police Powers and Responsibilities
SCHEDULE 3 (continued)
"search warrant" see section 28.49 1
"secondary crime scene" means a place-- 2
(a) where there may be evidence, of a significant probative value, of 3
the commission of a serious violent offence that happened 4
somewhere else; and 5
(b) it is necessary to protect for the time reasonably necessary to 6
search for and gather evidence of the commission of the offence. 7
"seize" includes retain. 8
"serious indictable offence" means an indictable offence involving any of 9
the following-- 10
(a) serious risk to, or actual loss of, a person's life; 11
(b) serious risk of, or actual, serious injury to a person; 12
(c) serious damage to property in circumstances endangering the 13
safety of any person; 14
(d) serious fraud; 15
(e) serious loss of revenue to the State; 16
(f) official corruption; 17
(g) serious theft; 18
(h) money laundering; 19
(i) conduct related to prostitution or SP bookmaking; 20
(j) child abuse, including child pornography; 21
(k) a drug offence punishable by at least 20 years imprisonment. 22
"serious violent offence" means-- 23
(a) an offence involving deprivation of liberty; or 24
(b) a 7 year imprisonment offence involving violence or a threat of 25
violence to a person. 26
49 Section 28 (Search warrant)
106
Police Powers and Responsibilities
SCHEDULE 3 (continued)
"7 year imprisonment offence" means an indictable offence for which the 1
maximum penalty is at least 7 years imprisonment. 2
"surveillance device" includes-- 3
(a) a listening device; and 4
(b) a visual surveillance device; and 5
(c) a tracking device; and 6
(d) a device containing any combination of the devices mentioned in 7
paragraphs (a), (b) and (c). 8
"surveillance warrant" see section 68.50 9
"tainted property" see the Crimes (Confiscation) Act 1989, section 13.51 10
"tape recording" includes audio recording and video recording. 11
"time out" includes any time reasonably required-- 12
(a) to take the person from the place where the person is arrested to 13
the nearest place where the investigating officer has access to 14
facilities for complying with part 12; and 15
(b) to allow the person, or someone else on the person's behalf, to 16
telephone or speak to a lawyer, friend, relative, parent, guardian, 17
interpreter or other person; and 18
(c) to allow a lawyer, friend, relative, parent, guardian, interpreter or 19
other person to arrive at the place where the person is to be 20
questioned; and 21
(d) to allow the person to receive medical attention; and 22
(e) to allow the person to recover from the effects of intoxication; and 23
(f) to allow the person to rest; and 24
(g) to allow for the questioning of co-offenders; and 25
(h) to prepare and dispose of an application under this Act for 26
50 Section 68 (Surveillance warrants)
51 Section 13 (Meaning of "tainted property")
107
Police Powers and Responsibilities
SCHEDULE 3 (continued)
approval of the examination of the person by a doctor or dentist; 1
and 2
(i) to convey the person to a suitable place for medical or dental 3
examination or treatment; and 4
(j) to allow for an identification parade to be arranged and held; and 5
(k) to allow for an examination of the person under this Act by a 6
doctor or dentist; and 7
(l) to allow for witnesses to be interviewed; and 8
(m) to allow for investigating police to arrive; and 9
(n) to allow for the person to be taken to another place for the 10
investigation or as part of the investigation; and 11
(o) to allow for the search of any place, including a crime scene 12
examination; and 13
(p) to decide the appropriate nature and content of a charge against the 14
person and to charge the person and decide whether to release the 15
person on bail or serve on the person a notice to appear or 16
complaint and summons. 17
"vehicle" includes aircraft and boat. 18
"weapon" see the Weapons Act 1990, section 5, definition "weapon". 19
© State of Queensland 1997
[Index] [Search] [Download] [Related Items] [Help]