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Queensland
POLICE POWERS AND
RESPONSIBILITIES BILL
2000
Queensland
POLICE POWERS AND
RESPONSIBILITIES BILL 2000
TABLE OF PROVISIONS
Section Page
CHAPTER 1--PRELIMINARY
PART 1--GENERAL
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
4 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
5 Compliance with Act by police officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
6 Act does not affect certain principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
PART 2--EFFECT OF ACT ON OTHER LAWS
7 Act does not affect constable's common law powers etc. . . . . . . . . . . . . . . 28
8 Act does not affect court's common law discretion to exclude evidence . . 28
9 Inconsistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
10 Relationship to other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
PART 3--APPOINTMENT AS, AND HELPING, PUBLIC
OFFICIALS
Division 1--Provisions about appointments
11 Appointment of police officers as public officials for other Acts . . . . . . . . 29
12 Declaration of police officers as public officials . . . . . . . . . . . . . . . . . . . . . 30
13 Authorising provisions of other Acts apply subject to ss 11-12 . . . . . . . . . . 31
Division 2--Helping public officials
14 Helping public officials exercise powers under other Acts . . . . . . . . . . . . . 31
15 Steps police officer may take for failure to give name and
address etc. to public official . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
16 Steps police officer may take for obstruction of public official . . . . . . . . . . 32
2
Police Powers and Responsibilities
CHAPTER 2--GENERAL ENFORCEMENT POWERS
PART 1--ENTRY, INQUIRIES AND INSPECTION
17 General power to enter to make inquiries, investigations or serve
documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
18 What is a reasonable time to stay on a place . . . . . . . . . . . . . . . . . . . . . . . . 34
19 General power to enter to arrest or detain someone or enforce warrant . . . 34
20 Power to enter etc. for relevant laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
21 What is a reasonable time for entry etc. for a relevant law . . . . . . . . . . . . . 36
22 Requirement by a police officer for a relevant law . . . . . . . . . . . . . . . . . . . 37
23 Power to demand production of licence etc. for weapons . . . . . . . . . . . . . . 37
PART 2--SEARCHING PERSONS, VEHICLES AND PLACES
WITHOUT WARRANT
Division 1--Roadblocks
24 Roadblocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
25 Procedure for establishing roadblocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
26 Record of roadblock to be made . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
Division 2--Searching persons without warrant
27 Searching persons without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
28 Prescribed circumstances for searching persons without warrant . . . . . . . . 40
Division 3--Searching vehicles without warrant
29 Searching vehicles without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
30 Prescribed circumstances for searching vehicle without warrant . . . . . . . . 42
Division 4--Searching public places without warrant
31 Searching public places without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 3--POWER TO REQUIRE NAME, ADDRESS OR AGE
Division 1--Powers relating to name and address
32 Person may be required to state name and address . . . . . . . . . . . . . . . . . . . 45
33 Prescribed circumstances for requiring name and address . . . . . . . . . . . . . . 46
Division 2--Powers relating to age
34 Power for age-related offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
35 Unlawful supply of tobacco products to children . . . . . . . . . . . . . . . . . . . . . 48
PART 4--DIRECTIONS TO MOVE-ON
36 Part does not apply to authorised public assemblies . . . . . . . . . . . . . . . . . . 49
3
Police Powers and Responsibilities
37 When power applies to behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
38 When power applies to a person's presence . . . . . . . . . . . . . . . . . . . . . . . . . 49
39 Direction may be given to person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
40 Proposal for notified area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
41 Declaration of notified areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
PART 5--BREACHES OF THE PEACE, RIOTS AND
PREVENTION OF OFFENCES
42 Dealing with breach of the peace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
43 Prevention of riot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
44 Prevention of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
PART 6--POWERS RELATING TO VEHICLES, TRAFFIC AND
ANIMALS
Division 1--Inquiry and investigation powers
45 Power of inquiry into road use contraventions . . . . . . . . . . . . . . . . . . . . . . . . 53
46 Power to require information about identity of drivers of vehicles etc. . . . . 53
47 Additional power of inquiry for relevant vehicle incidents . . . . . . . . . . . . . 54
48 Power of entry for ss 45-47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
49 Production of driver licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
50 Power for regulating traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
51 Stopping vehicles for prescribed purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
52 Power to require vehicles to be moved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
53 Requirement to remain at a place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
54 Power to inspect vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
55 Power to enter vehicles etc. other than for vehicle inspection . . . . . . . . . . 59
56 Power to require vehicle inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
57 Power to prohibit use of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
58 Power to prohibit persons driving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
59 Power to enable effective and safe exercise of other powers . . . . . . . . . . . 62
Division 2--Removal powers
60 Removal of vehicles and animals from roads and other places . . . . . . . . . . 63
61 Prescribed circumstances for removing vehicles and animals . . . . . . . . . . . 63
62 Police officer may authorise tow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
63 Steps after seizing vehicle or animal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
4
Police Powers and Responsibilities
64 Recovery of seized vehicle or animal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
65 Application of proceeds of sale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 3--Other provisions about animals
66 Power in relation to offences involving animals . . . . . . . . . . . . . . . . . . . . . . 66
67 Offence to interfere with seized animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
CHAPTER 3--SEARCH WARRANTS, OBTAINING
DOCUMENTS, AND CRIME SCENES
PART 1--SEARCHING PLACES WITH WARRANTS
68 Search warrant application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
69 Issue of search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
70 If justice refuses application for search warrant . . . . . . . . . . . . . . . . . . . . . . 69
71 Order in search warrants about documents . . . . . . . . . . . . . . . . . . . . . . . . . . 69
72 When search warrant ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
73 What search warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
74 Power under search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
75 Copy of search warrant to be given to occupier . . . . . . . . . . . . . . . . . . . . . . 72
PART 2--SEARCH OF PLACE TO PREVENT LOSS OF
EVIDENCE
76 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
77 Search to prevent loss of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
78 Post-search approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
79 Making of post-search approval order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
80 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
PART 3--CRIME SCENES
Division 1--Establishment of crime scenes
81 Gaining access to crime scenes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
82 Initial establishment of crime scene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
83 Responsibility after establishing crime scene . . . . . . . . . . . . . . . . . . . . . . . . 76
84 Deciding limits of crime scene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
85 Restricting access to crime scene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
86 Preserving evidence at crime scene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
Division 2--Crime scene warrants
87 Application for crime scene warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
5
Police Powers and Responsibilities
88 Consideration of application and issue of crime scene warrant . . . . . . . . . . 79
89 What crime scene warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
90 Duration, extension and review of crime scene warrant . . . . . . . . . . . . . . . . 80
91 Review of crime scene warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
92 Copy of crime scene warrant to be given to occupier . . . . . . . . . . . . . . . . . 81
Division 3--Powers at crime scenes
93 Powers at crime scene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
94 Powers of direction etc. at crime scene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
95 Exercise of crime scene powers in public place . . . . . . . . . . . . . . . . . . . . . . 83
Division 4--General
96 Alternative accommodation to be provided in some cases . . . . . . . . . . . . . 83
PART 4--PRODUCTION NOTICES
97 Production notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
98 Issue of production notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
99 Copy of production notice to be given to cash dealer . . . . . . . . . . . . . . . . . 85
100 Procedural requirements--production notice . . . . . . . . . . . . . . . . . . . . . . . . . 85
101 Power under production notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
102 If cash dealer claims documents contain privileged communications . . . . 86
103 Making of access order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
104 Provisions about access order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
PART 5--PRODUCTION ORDERS
105 Application of pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
106 Production order applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
107 Making of production orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
108 What production order must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
109 Powers under production order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
110 Variation of production order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
111 Offence to contravene production order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
112 Effect of compliance with production order . . . . . . . . . . . . . . . . . . . . . . . . . . 91
PART 6--POWER TO SEIZE EVIDENCE AND ABANDONED
AND ILLEGALLY PLACED PROPERTY
113 Power to seize evidence generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
114 Power to remove property unlawfully on a place . . . . . . . . . . . . . . . . . . . . . 92
6
Police Powers and Responsibilities
CHAPTER 4--COVERT EVIDENCE GATHERING POWERS
PART 1--MONITORING ORDERS
115 Meaning of "financial institution" for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . 93
116 Monitoring order applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
117 Making of monitoring order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
118 What monitoring order must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
119 When period stated in monitoring order starts . . . . . . . . . . . . . . . . . . . . . . . . 95
120 Offence to contravene monitoring order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
121 Existence and operation of monitoring order not to be disclosed . . . . . . . . 95
PART 2--SURVEILLANCE POWERS
Division 1--Preliminary
122 Certain Acts do not apply to this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
123 Certain acts not prevented by divs 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 2--Use of surveillance devices under warrant of Supreme
Court judge
124 Surveillance warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
125 Who may be present at consideration of application for
surveillance warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
126 Consideration of application for surveillance warrant . . . . . . . . . . . . . . . . . 99
127 Issue of surveillance warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
128 What surveillance warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
129 Report on use of surveillance devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
130 Duration and extension of surveillance warrants . . . . . . . . . . . . . . . . . . . . . . 101
131 Power under surveillance warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
Division 3--Emergency use of surveillance devices
132 Emergency use of surveillance devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
133 Application for approval after emergency use of surveillance device . . . . 103
134 Who may be present at consideration of application . . . . . . . . . . . . . . . . . . 104
135 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
136 Judge may approve emergency use of powers . . . . . . . . . . . . . . . . . . . . . . . . 105
137 Use of evidence and information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Division 4--Use of surveillance devices under magistrate's warrant
138 Surveillance warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
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Police Powers and Responsibilities
139 Who may be present at consideration of application . . . . . . . . . . . . . . . . . . 106
140 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
141 Issue of surveillance warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
142 What warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
143 Duration and extension of surveillance warrants . . . . . . . . . . . . . . . . . . . . . . 108
144 Powers under surveillance warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 5--Other provisions about surveillance devices
145 Restriction about records and access to surveillance warrant
applications etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
146 Disclosure of information obtained using surveillance warrant . . . . . . . . . . 110
147 Destruction of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
Division 6--Covert searches
148 Covert search warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
149 Who may be present at consideration of application . . . . . . . . . . . . . . . . . . 112
150 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
151 Issue of covert search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
152 What covert search warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
153 Duration and extension of covert search warrant . . . . . . . . . . . . . . . . . . . . . 114
154 Restriction about records and access to covert search warrant
applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
155 Powers under covert search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
156 Report on covert search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Division 7--Public interest monitor
157 Public interest monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
158 Acting monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
159 Monitor's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
160 Monitor's annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
161 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
162 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
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Police Powers and Responsibilities
CHAPTER 5--ARREST AND CUSTODY POWERS
PART 1--POWERS RELATING TO ARREST AND TAKING
PEOPLE INTO CUSTODY
Division 1--Arrest without warrant
163 Arrest without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
164 Arrest of escapees etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
165 Arrest of person granted bail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
166 Arrest of person given notice to appear or summons . . . . . . . . . . . . . . . . . . 122
Division 2--Arrest under warrant
167 Arrest under warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
168 Arrest warrant application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
169 Issue of arrest warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
170 What arrest warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
Division 3--Other provisions about arrest
171 Power of arrest for offences committed outside the State . . . . . . . . . . . . . . 123
172 Police officer to consider alternatives to proceeding against child . . . . . . . 124
Division 4--Discontinuing arrest
173 When arrest may be discontinued--general rule . . . . . . . . . . . . . . . . . . . . . 125
174 Additional case when arrest of adult may be discontinued . . . . . . . . . . . . . 126
175 Additional case when arrest of child may be discontinued . . . . . . . . . . . . . 126
176 Limit on re-arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Division 5--Alternative to arrest
177 Notice to appear may be issued for offence . . . . . . . . . . . . . . . . . . . . . . . . . 128
178 Notice to appear form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
179 Notice to appear must be filed in court without cost to person . . . . . . . . . . 129
180 General particulars only are required on a notice to appear . . . . . . . . . . . . 129
181 Particulars of notice to appear offence must be given in the proceeding . . 129
182 Notice to appear equivalent to a complaint and summons . . . . . . . . . . . . . 130
183 Court may order immediate arrest of person who fails to appear . . . . . . . . 130
184 Court must strike out notice to appear if service insufficient . . . . . . . . . . . 131
Division 6--Duties after arrest
185 Information to be given to arrested person . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
186 Parent and chief executive must be advised of arrest of child . . . . . . . . . . 131
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Police Powers and Responsibilities
187 Duty of police officer after arrest etc. of person . . . . . . . . . . . . . . . . . . . . . . 132
188 Duty of police officer receiving custody of person arrested for offence . . . 133
189 Duty of officer receiving custody of person arrested under warrant
other than for offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
CHAPTER 6--POWERS AND RESPONSIBILITIES RELATING
TO INVESTIGATIONS AND QUESTIONING FOR INDICTABLE
OFFENCES
PART 1--PRELIMINARY
Division 1--Application of chapter
190 Chapter does not apply to covert operations . . . . . . . . . . . . . . . . . . . . . . . . . 134
Division 2--Right to remain silent not affected
191 Right to remain silent not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
PART 2--INVESTIGATIONS AND QUESTIONING
Division 1--Application of part
192 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
Division 2--Removal of persons from lawful custody
193 Application for removal of person from lawful custody . . . . . . . . . . . . . . . . 135
194 Chief executive must be advised of application for removal order . . . . . . . 136
195 When magistrate may make removal order . . . . . . . . . . . . . . . . . . . . . . . . . . 136
196 What removal order must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
Division 3--Detention for investigation or questioning
197 Initial period of detention for investigation or questioning . . . . . . . . . . . . . . 137
198 What is a reasonable time to detain a person for questioning or
investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
199 Application for extension of detention period . . . . . . . . . . . . . . . . . . . . . . . . 139
200 When detention period may be extended . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
201 What order must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
202 Use of time out during extended detention period . . . . . . . . . . . . . . . . . . . . 141
203 Effect of unforeseen delays on detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
204 Effect of another arrest on questioning period . . . . . . . . . . . . . . . . . . . . . . . . 142
205 When does detention period start for offenders arrested outside
Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
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Police Powers and Responsibilities
Division 4--Other provisions about investigations and questioning
206 When person detained may be taken to a place other than a
police establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
207 Persons helping in covert investigations not under arrest . . . . . . . . . . . . . . . 143
PART 3--SAFEGUARDS ENSURING RIGHTS OF AND
FAIRNESS TO PERSONS QUESTIONED FOR INDICTABLE
OFFENCES
Division 1--Preliminary
208 Part applies only to indictable offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
209 When does this part apply to a person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
210 Questioning generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
211 Questioning of person after proceeding started . . . . . . . . . . . . . . . . . . . . . . . 144
Division 2--Other persons may be present during questioning
212 Right to communicate with friend, relative or lawyer . . . . . . . . . . . . . . . . . 145
213 Speaking to and presence of friend, relative or lawyer . . . . . . . . . . . . . . . . 146
Division 3--Special requirements for questioning particular persons
214 Questioning of aboriginal people and Torres Strait islanders . . . . . . . . . . . . 146
215 Questioning of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
216 Questioning of persons with impaired capacity . . . . . . . . . . . . . . . . . . . . . . . 148
217 Questioning of intoxicated persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Division 4--Excluding persons unreasonably interfering with
questioning
218 What is "unreasonable interference" for divs 23 . . . . . . . . . . . . . . . . . . . . 149
219 Requirements before excluding persons unreasonably interfering
with questioning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
220 If police officer excludes person from questioning . . . . . . . . . . . . . . . . . . . . 150
221 Cautioning of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
222 Provision of information relating to a relevant person . . . . . . . . . . . . . . . . . 151
223 Right to interpreter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
224 Right of visiting foreign national to communicate with embassy etc. . . . . 152
225 Rights of a person to be electronically recorded . . . . . . . . . . . . . . . . . . . . . . 152
Division 5--Recording of questioning
226 Recording of questioning etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
227 Requirements for written record of confession or admission . . . . . . . . . . . . 153
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Police Powers and Responsibilities
228 Access to electronic recordings of questioning etc. . . . . . . . . . . . . . . . . . . . 154
229 Admissibility of records of questioning etc. . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Division 6--General
230 List of support persons and interpreters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
231 When sections 212216, 222 and 224 do not apply . . . . . . . . . . . . . . . . . . . 155
CHAPTER 7--POWERS IN RELATION TO PERSONS IN
CUSTODY
PART 1--SEARCH OF PERSONS IN CUSTODY
232 Search of persons in custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
PART 2--GATHERING INFORMATION FOR IDENTIFYING
SUSPECTS
Division 1--Taking identifying particulars
233 Taking identifying particulars of person in custody . . . . . . . . . . . . . . . . . . . 157
234 Taking identifying particulars--proceedings started by notice to
appear or complaint and summons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
235 Identifying particulars notice may be given . . . . . . . . . . . . . . . . . . . . . . . . . 158
236 Court may order taking of identifying particulars . . . . . . . . . . . . . . . . . . . . . 159
237 Destruction of identifying particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
Division 2--Identifying suspects
238 Identification of suspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
PART 3--MEDICAL AND DENTAL PROCEDURES
Division 1--Preliminary
239 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
240 Consent or approval needed for performing medical or dental
procedure under this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
241 Right to interpreter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
242 Person must be told of need for consent or approval . . . . . . . . . . . . . . . . . . 162
243 Speaking to and presence of friend, relative or lawyer . . . . . . . . . . . . . . . . 163
244 Special consent requirement for children and persons with
impaired capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
245 Absence of independent person not to affect lawfulness of custody etc. . . 164
246 Requirements before excluding persons unreasonably interfering
with performance of medical or dental procedure . . . . . . . . . . . . . . . . . . . . . 164
247 If police officer excludes person from performance of medical or
dental procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
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Police Powers and Responsibilities
Division 2--Performing medical or dental procedures with consent
248 Consent to be recorded . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
249 Doctor's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
250 Dentist's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
Division 3--Performing medical or dental procedures without
consent
251 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167
252 Application for order for performance of medical or dental procedure . . . . 167
253 Making of order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
254 Copy of order to be given to person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
255 Performing medical procedures without consent . . . . . . . . . . . . . . . . . . . . . . 168
256 Performing dental procedures without consent . . . . . . . . . . . . . . . . . . . . . . . 169
Division 4--Miscellaneous
257 Power to analyse samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
258 Samples and test results to be given to person . . . . . . . . . . . . . . . . . . . . . . . 170
CHAPTER 8--OTHER POWERS
PART 1--DIRECTIONS IN STATE BUILDINGS
Division 1--Screening of entrants to state buildings
259 Power to require reasons for entry to state building . . . . . . . . . . . . . . . . . . . 171
260 Use of electronic screening devices in state buildings . . . . . . . . . . . . . . . . . 171
261 Police officer may ask entrant to remove outer garment etc. . . . . . . . . . . . 172
262 Direction by police officer to leave building . . . . . . . . . . . . . . . . . . . . . . . . . 173
263 Power to search person or vehicle without warrant not affected . . . . . . . . . 173
Division 2--Miscellaneous powers for div 1
264 Seizure of proscribed things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
265 Refusal of entry to and removal from building . . . . . . . . . . . . . . . . . . . . . . . 174
PART 2--PRESERVING SAFETY FOR SPECIAL EVENTS
Division 1--Preliminary
266 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
267 Purpose of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
Division 2--Declaration of special events
268 Declaration of special event . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174
269 Requirements for declaring special events . . . . . . . . . . . . . . . . . . . . . . . . . . 175
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Police Powers and Responsibilities
270 Notice of declaration to be given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
Division 3--Statutory conditions relating to entry to special event
sites
271 Statutory conditions of entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
272 Statutory condition about restricted areas . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
Division 4--Appointment of authorised persons
273 Appointment of authorised persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
274 Identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
275 Production or display of authorised person's identity card . . . . . . . . . . . . . . 178
Division 5--Powers for special event sites
276 Power to require reasons for entry to special event site . . . . . . . . . . . . . . . . 178
277 Use of electronic screening devices at special event site . . . . . . . . . . . . . . 178
278 Police officer or authorised person may ask entrant to remove
outer garment etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
279 Frisk search of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
280 Refusal of entry to and removal from site . . . . . . . . . . . . . . . . . . . . . . . . . . . 180
Division 6--Offences
281 Unauthorised entry to a special event site . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
282 Unauthorised entry to a restricted area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
283 Interference with a special event . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
284 Prohibited items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
285 Assault etc. of authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
PART 3--POWERS RELATING TO NOISE
286 Application of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
287 Complaint about noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
288 Powers of police officers on investigation of complaint . . . . . . . . . . . . . . . . 183
289 Compliance with noise abatement direction . . . . . . . . . . . . . . . . . . . . . . . . . 184
290 Additional powers of police officers on later investigation . . . . . . . . . . . . . 184
291 Offence to interfere with locked etc. property . . . . . . . . . . . . . . . . . . . . . . . . 185
292 Recovery of seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
293 Recovery of costs of seizure etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
294 General powers and role of certain police officers . . . . . . . . . . . . . . . . . . . . 186
295 Power to require answers to questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
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Police Powers and Responsibilities
PART 4--POWERS RELATING TO NUISANCE IN MOVEABLE
DWELLING PARKS
296 Behaviour in moveable dwelling park causing serious nuisance . . . . . . . . . 187
297 Power to enter moveable dwellings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
298 Initial direction about serious nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
299 Direction to leave park . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
PART 5--MISCELLANEOUS POWERS
300 Entry of place to prevent offence, injury or domestic violence . . . . . . . . . . 188
301 Police officer may use assistance in exercising certain powers . . . . . . . . . 190
302 Protection for assistants from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
303 Power to use force--exercise of certain powers . . . . . . . . . . . . . . . . . . . . . . 191
304 Power to use force against individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
305 Power to use force against individuals in critical situations . . . . . . . . . . . . 191
CHAPTER 9--OTHER STANDARD SAFEGUARDS
PART 1--PRELIMINARY
306 Chapter does not apply to covert operations . . . . . . . . . . . . . . . . . . . . . . . . . 193
PART 2--SAFEGUARDS FOR THINGS SEIZED
Division 1--Application of pt 2
307 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Division 2--General safeguards
308 Receipt for seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
309 Right to inspect seized documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Division 3--Return of seized things
310 Application for return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195
311 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
Division 4--Disposal of seized things
312 Disposal of seized weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
313 What is the appointed day for disposal of seized weapons or things . . . . . 197
314 Application for order in relation to seized things . . . . . . . . . . . . . . . . . . . . . 197
315 Orders issuer may make in relation to seized thing . . . . . . . . . . . . . . . . . . . 199
316 Disposal of seized things at end of proceeding . . . . . . . . . . . . . . . . . . . . . . . 200
Division 5--Ministerial arrangements
317 Ministerial arrangements for transmission and return of seized things . . . . 200
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Police Powers and Responsibilities
PART 3--OTHER SAFEGUARDS
Division 1--General provisions about searches of persons and
vehicles
318 General provision about searches of persons . . . . . . . . . . . . . . . . . . . . . . . . . 202
319 Taking a person to another place for search . . . . . . . . . . . . . . . . . . . . . . . . . 203
320 Limitation on period of detention for search . . . . . . . . . . . . . . . . . . . . . . . . . 203
321 General provision about searches of vehicles . . . . . . . . . . . . . . . . . . . . . . . . 203
322 Dealing with persons who obstruct search of person or vehicle . . . . . . . . . . 204
Division 2--Searches involving removal of clothing
323 Removal of clothing for search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
324 Protecting the dignity of persons during search . . . . . . . . . . . . . . . . . . . . . . . 205
325 Special requirements for searching children and persons with
impaired capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 206
326 If video cameras monitor place where person is searched . . . . . . . . . . . . . . 206
Division 3--Other provisions
327 Safeguards for directions or requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . 207
328 Use of force likely to cause damage to enter places . . . . . . . . . . . . . . . . . . 207
329 Police officer to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
330 Supplying police officer's details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
331 Record of execution of warrant or order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210
CHAPTER 10--ADMINISTRATION
PART 1--WATCH-HOUSES
332 Control of persons in watch-houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
333 Transfer of persons in watch-houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 211
PART 2--REGISTERS
Division 1--Application and purpose
334 Application of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
335 Purpose and explanation of pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
Division 2--Register of surveillance and covert search warrants
336 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
337 Particular Acts do not apply to this division . . . . . . . . . . . . . . . . . . . . . . . . . 213
338 Register of covert acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
339 Information to be recorded in register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
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Police Powers and Responsibilities
340 Who must record information in register . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
341 Which register to be used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
342 Who may inspect police service register . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
343 Who may inspect CJC's register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
344 Who may inspect QCC's register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
345 Other authorised inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 216
346 General restrictions on inspections by monitor . . . . . . . . . . . . . . . . . . . . . . . 216
Division 3--Enforcement registers
347 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
348 Register of enforcement acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 217
349 Who must record information in register . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
350 Which register to be used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
351 Persons to be given copy of information in register . . . . . . . . . . . . . . . . . . . 218
352 Restriction on disclosure of certain information . . . . . . . . . . . . . . . . . . . . . . 219
Division 4--Provisions about covert acts and enforcement acts done
for the NCA
353 Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
354 Information to be given to NCA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
Division 5--General provisions
355 Correcting registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 220
CHAPTER 11--GENERAL
PART 1--OFFENCES
356 Offence to assault or obstruct police officer . . . . . . . . . . . . . . . . . . . . . . . . . 221
357 Offence to contravene direction or requirement of police officer . . . . . . . . 221
PART 2--OTHER GENERAL PROVISIONS
358 Performance of duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
359 Assistance at fire or chemical incidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . 222
360 Assistance to courts, etc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
361 Service and enforcement of process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223
362 Provisions restricting starting of proceeding . . . . . . . . . . . . . . . . . . . . . . . . . 224
363 Obtaining warrants, orders and authorities, etc., by telephone or
similar facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
364 Steps after issue of prescribed authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
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365 Presumption about exercise of powers under prescribed authority . . . . . . . 225
366 Protection of methodologies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
367 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
368 Availability of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
369 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
370 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
371 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
CHAPTER 12--REPEALS, TRANSITIONAL PROVISIONS AND
AMENDMENTS
PART 1--ACTS REPEALED AND AMENDED
372 Acts repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
373 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
PART 2--TRANSITIONAL PROVISIONS
Division 1--Transitional provisions commencing on date of assent
374 Definition for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
375 Continued operation of 1997 Act, s 8(3) and (4) . . . . . . . . . . . . . . . . . . . . . 229
376 Continued operation of 1997 Act, s 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
377 Expiry of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
Division 2--Transitional provisions commencing at a later date
378 Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
379 Transitional provision about change in way powers may be exercised . . . . 230
380 Transitional provision about warrants, orders and notices . . . . . . . . . . . . . . 230
381 Transitional provision about noise abatement . . . . . . . . . . . . . . . . . . . . . . . . 231
382 Transitional provision about nuisance in moveable dwelling parks . . . . . . 231
383 Transitional provisions about registers of covert and enforcement acts . . . 231
384 Transitional provision about entries in registers . . . . . . . . . . . . . . . . . . . . . . 231
385 Transitional provision about public interest monitor . . . . . . . . . . . . . . . . . . . 232
PART 3--AMENDMENT OF CRIME COMMISSION ACT 1997
385 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
386 Replacement of ss 7477 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
74 Search warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 233
75 Issue of search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
76 Order in search warrants about documents . . . . . . . . . . . . . . . . . . . . 234
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77 When warrant ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 234
77A What search warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
77B Powers under search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
77C Copy of search warrant to be given to occupier . . . . . . . . . . . . . . . . 237
77D Search to prevent loss of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . 237
77E Post-search approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
77F Making of post-search approval order . . . . . . . . . . . . . . . . . . . . . . . . 238
77G Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 238
77H Limitations on search of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
77I Supplying officer's details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 240
77J Receipt for seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
387 Replacement of s 79 (Access to seized things) . . . . . . . . . . . . . . . . . . . . . . 241
7 Right to inspect seized documents . . . . . . . . . . . . . . . . . . . . . . . . . . . 241
388 Amendment of s 81 (Certain Acts do not apply to this part) . . . . . . . . . . . . 242
389 Replacement of ss 82-91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
Division 3A--Use of surveillance devices under warrant of
Supreme Court judge
82 Surveillance warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
83 Who may be present at consideration of application for
surveillance warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
84 Consideration of application for surveillance warrant . . . . . . . . . . . 244
85 Issue of surveillance warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 244
86 What surveillance warrant must state . . . . . . . . . . . . . . . . . . . . . . . . 245
87 Report on use of surveillance devices . . . . . . . . . . . . . . . . . . . . . . . . 246
88 Duration and extension of surveillance warrants . . . . . . . . . . . . . . . . 246
89 Power under surveillance warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . 247
Division 3B--Emergency use of surveillance devices
90 Emergency use of surveillance devices . . . . . . . . . . . . . . . . . . . . . . . 248
91 Application for approval of emergency use of surveillance
device . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
91A Who may be present at consideration of application . . . . . . . . . . . . 249
91B Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
91C Judge may approve emergency use of powers . . . . . . . . . . . . . . . . . . 250
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91D Use of evidence and information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
Division 3C--Use of surveillance devices under magistrates warrant
91E Surveillance warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . 250
91F Who may be present at consideration of application . . . . . . . . . . . . 251
91G Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
91H Issue of surveillance warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 252
91I What warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253
91J Duration and extension of surveillance warrants . . . . . . . . . . . . . . . . 253
91K Powers under surveillance warrants . . . . . . . . . . . . . . . . . . . . . . . . . . 254
Division 3D--Other provisions about surveillance devices
91L Restriction about records and access to surveillance
warrant applications etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 254
91M Disclosure of information obtained using surveillance warrant . . . . 255
91N Destruction of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 256
Division 3E--Covert searches
91O Covert search warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . 257
91P Who may be present at consideration of application . . . . . . . . . . . . 257
91Q Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
91R Issue of covert search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 259
91S What covert search warrant must state . . . . . . . . . . . . . . . . . . . . . . . 259
91T Duration and extension of covert search warrant . . . . . . . . . . . . . . . 259
91U Restriction about records and access to covert search
warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
91V Powers under covert search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . 260
91W Report on covert search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
390 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 261
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 263
ACTS NOT AFFECTED BY THIS ACT
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 264
ACTS AMENDED ON ASSENT
AGRICULTURAL CHEMICALS DISTRIBUTION CONTROL
ACT 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 264
AUCTIONEERS AND AGENTS ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . 264
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Police Powers and Responsibilities
BANANA INDUSTRY PROTECTION ACT 1989 . . . . . . . . . . . . . . . . . . . . 265
BURIALS ASSISTANCE ACT 1965 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 265
COMMISSIONS OF INQUIRY ACT 1950 . . . . . . . . . . . . . . . . . . . . . . . . . . 265
COMMUNITY SERVICES (ABORIGINES) ACT 1984 . . . . . . . . . . . . . . . 266
COMMUNITY SERVICES (TORRES STRAIT) ACT 1984 . . . . . . . . . . . . 266
COOPERATIVES ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
CULTURAL RECORD (LANDSCAPES QUEENSLAND AND
QUEENSLAND ESTATE) ACT 1987 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
DISEASES IN TIMBER ACT 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
DRUGS MISUSE ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 268
EXOTIC DISEASES IN ANIMALS ACT 1981 . . . . . . . . . . . . . . . . . . . . . . 269
FISHERIES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
FOOD ACT 1981 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
FORESTRY ACT 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
GAMING MACHINE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 271
GRAIN INDUSTRY (RESTRUCTURING) ACT 1991 . . . . . . . . . . . . . . . . 271
HEALTH ACT 1937 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 272
INTEGRATED RESORT DEVELOPMENT ACT 1987 . . . . . . . . . . . . . . . . 272
JURY ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 274
LAND ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
LAND TAX ACT 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
LIQUID FUEL SUPPLY ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
MEDICAL ACT AND OTHER ACTS (ADMINISTRATION) ACT
1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275
METROPOLITAN WATER SUPPLY AND SEWERAGE ACT 1909 . . . . 276
MINERAL RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 276
MIXED USE DEVELOPMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . 277
PASTORAL WORKERS' ACCOMMODATION ACT 1980 . . . . . . . . . . . . 278
PLANT PROTECTION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 278
PRIVATE EMPLOYMENT AGENCIES ACT 1983 . . . . . . . . . . . . . . . . . . . 278
PROFITEERING PREVENTION ACT 1948 . . . . . . . . . . . . . . . . . . . . . . . . . 279
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PROSTITUTION ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 279
QUEENSLAND LAW SOCIETY ACT 1952 . . . . . . . . . . . . . . . . . . . . . . . . 279
RACING AND BETTING ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 280
SANCTUARY COVE RESORT ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . . 281
STAMP ACT 1894 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
STOCK ACT 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 283
TRADING (ALLOWABLE HOURS) ACT 1990 . . . . . . . . . . . . . . . . . . . . . 283
TRAVEL AGENTS ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 284
VAGRANTS, GAMING AND OTHER OFFENCES ACT 1931 . . . . . . . . . 284
WORKERS' ACCOMMODATION ACT 1952 . . . . . . . . . . . . . . . . . . . . . . . 288
SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 289
ACTS AMENDED AFTER ASSENT
AMBULANCE SERVICE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
ANIMALS PROTECTION ACT 1925 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289
AUCTIONEERS AND AGENTS ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . 290
BAIL ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
BRISBANE FOREST PARK ACT 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294
BUILDING ACT 1975 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
CASINO CONTROL ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295
CLASSIFICATION OF COMPUTER GAMES AND IMAGES
ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297
CLASSIFICATION OF FILMS ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . 298
CLASSIFICATION OF PUBLICATIONS ACT 1991 . . . . . . . . . . . . . . . . . 298
COLLECTIONS ACT 1966 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 299
CORRECTIVE SERVICES ACT 1988 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 300
CRIMES (CONFISCATION) ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . 304
CRIMINAL CODE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
CRIMINAL JUSTICE ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
DISTRICT COURT ACT 1967 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307
DOMESTIC VIOLENCE (FAMILY PROTECTION) ACT 1989 . . . . . . . . 308
DRUGS MISUSE ACT 1986 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
EDUCATION (GENERAL PROVISIONS) ACT 1989 . . . . . . . . . . . . . . . . . 311
ENVIRONMENTAL PROTECTION ACT 1994 . . . . . . . . . . . . . . . . . . . . . . 311
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FIRE AND RESCUE AUTHORITY ACT 1990 . . . . . . . . . . . . . . . . . . . . . . 312
FISHERIES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313
FOSSICKING ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313
FUEL SUBSIDY ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 313
GAMING MACHINE ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
HAWKERS ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
HEALTH RIGHTS COMMISSION ACT 1991 . . . . . . . . . . . . . . . . . . . . . . . 316
INDUSTRIAL RELATIONS ACT 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
INVASION OF PRIVACY ACT 1971 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 317
JURY ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
JUSTICES ACT 1886 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
JUVENILE JUSTICE ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 319
KENO ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 320
LIQUOR ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
LOCAL GOVERNMENT ACT 1993 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 321
LOCAL GOVERNMENT (ABORIGINAL LANDS) ACT 1978 . . . . . . . . . 321
LOCAL GOVERNMENT (CHINATOWN AND THE VALLEY
MALLS) ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 323
LOCAL GOVERNMENT (QUEEN STREET MALL) ACT 1981 . . . . . . . . 323
LOTTERIES ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 324
NATURE CONSERVATION ACT 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 325
PAWNBROKERS ACT 1984 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 326
POLICE SERVICE ADMINISTRATION ACT 1990 . . . . . . . . . . . . . . . . . . 327
PUBLIC SAFETY PRESERVATION ACT 1986 . . . . . . . . . . . . . . . . . . . . . 329
PUBLIC TRUSTEE ACT 1978 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
RACING AND BETTING ACT 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 330
RECREATION AREAS MANAGEMENT ACT 1988 . . . . . . . . . . . . . . . . . 332
REGULATORY OFFENCES ACT 1985 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 332
RESIDENTIAL TENANCIES ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . 332
SECOND-HAND DEALERS AND COLLECTORS ACT 1984 . . . . . . . . . . 333
SOUTH BANK CORPORATION ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . 335
STATE BUILDINGS PROTECTIVE SECURITY ACT 1983 . . . . . . . . . . . 335
STOCK ACT 1915 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
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TOBACCO PRODUCTS (PREVENTION OF SUPPLY TO
CHILDREN) ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 336
TOW TRUCK ACT 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337
TRANSPORT INFRASTRUCTURE ACT 1994 . . . . . . . . . . . . . . . . . . . . . . 337
TRANSPORT OPERATIONS (MARINE SAFETY) ACT 1994 . . . . . . . . . 338
TRANSPORT OPERATIONS (PASSENGER TRANSPORT)
ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 339
´TRANSPORT OPERATIONS (ROAD USE MANAGEMENT)
ACT 1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 340
VAGRANTS, GAMING AND OTHER OFFENCES ACT 1931 . . . . . . . . . 345
WATER RESOURCES ACT 1989 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346
WEAPONS ACT 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347
WORKPLACE HEALTH AND SAFETY ACT 1995 . . . . . . . . . . . . . . . . . . 348
SCHEDULE 4 . . . . . . . . . . . . . . . . . . . . . . . . 349
DICTIONARY
2000
A BILL
FOR
An Act about the powers and responsibilities of police officers, and for
other purposes
s1 26 s4
Police Powers and Responsibilities
The Parliament of Queensland enacts-- 1
CHAPTER 1--PRELIMINARY 2
ART 1--GENERAL 3
P
title 4
Short
1. This Act may be cited as the Police Powers and Responsibilities 5
Act 2000. 6
7
Commencement
2.(1) This Act, other than sections 373, 374, 375, 376 and 377 and 8
schedules 2 and 3, 1 commences on a day to be fixed by proclamation or 9
1 July 2000, whichever happens first. 10
(2) Sections 373, 374, 375, 376 and 377 and schedule 2 commence on 11
the date of assent. 12
(3) Schedule 3 commences on a day to be fixed by proclamation. 13
14
Dictionary
3. The dictionary in schedule 4 defines words used in this Act. 15
of Act 16
Purposes
4. The purposes of this Act are as follows-- 17
1 Sections 373 (Acts amended), 374 (Definitions for div 1), 375 (Continued
operation of 1997 Act, s 8), 376 (Continued operation of 1997 Act, s 136) and
377 (Expiry of division). Schedules 2 (Acts amended on assent) and 3 (Acts
amended after assent).
s5 27 s5
Police Powers and Responsibilities
(a) to consolidate and rationalise the powers and responsibilities 1
police officers have for investigating offences and enforcing the 2
law; 3
(b) to provide powers necessary for effective modern policing and 4
law enforcement; 5
(c) to provide consistency in the nature and extent of the powers and 6
responsibilities of police officers; 7
(d) to standardise the way the powers and responsibilities of police 8
officers are to be exercised; 9
(e) to ensure fairness to, and protect the rights of, persons against 10
whom police officers exercise powers under this Act; 11
(f) to enable the public to better understand the nature and extent of 12
the powers and responsibilities of police officers. 13
with Act by police officers 14
Compliance
5.(1) It is Parliament's intention that police officers should comply with 15
this Act in exercising powers and performing responsibilities under it. 16
(2) For ensuring compliance with Parliament's intention, a police officer 17
who contravenes this Act may be dealt with as provided by law. 18
19
Examples--
20
1. A minor contravention, for example, forgetting to make an entry in a register,
21
may amount to a breach of discipline under the Police Service Administration Act
22
1990 for which a police officer may be dealt with under that Act, including by
23
correction by way of counselling.
24
2. A contravention, for example, a police officer maliciously strip-searching a
25
suspect in a public place, may amount to misconduct under the Police Service
26
Administration Act 1990.
27
3. A contravention, for example, a police officer improperly disclosing to a
28
criminal information obtained through the use of a listening device, may amount to
29
official misconduct under the Criminal Justice Act 1989.
30
4. A contravention, for example, a police officer deliberately holding a person in
31
custody for questioning several hours after the end of a detention period with no
32
intention of applying under this Act for an extension of the detention period, may
33
amount to an offence of deprivation of liberty under the Criminal Code, section 355.
s6 28 s9
Police Powers and Responsibilities
does not affect certain principles 1
Act
6.(1) This Act does not prevent a police officer from speaking to anyone 2
or doing anything a police officer may lawfully do apart from this Act when 3
performing the police officer's duties, whether or not in relation to an 4
offence, without exercising a power under this Act or using any form of 5
compulsion. 6
(2) Also, it is not the purpose of this Act to affect the principle that 7
everyone in the community has a social responsibility to help police officers 8
prevent crime and discover offenders. 9
ART 2--EFFECT OF ACT ON OTHER LAWS 10
P
does not affect constable's common law powers etc. 11
Act
7. Unless this Act otherwise provides, this Act does not affect-- 12
(a) the powers, obligations and liabilities a constable has at common 13
law; or 14
(b) the powers a police officer may lawfully exercise as an individual, 15
including for example, powers for protecting property. 16
does not affect court's common law discretion to exclude evidence 17
Act
8. This Act does not affect the common law under which a court in a 18
criminal proceeding may exclude evidence in the exercise of its discretion. 19
20
Inconsistency
9.(1) The object of this section is to allow police officers to rely generally 21
on this Act, as opposed to a multiplicity of Acts, for their powers and 22
responsibilities. 23
(2) This section applies to a provision of another Act that confers a power 24
or imposes a responsibility on a police officer. 25
s 10 29 s 11
Police Powers and Responsibilities
(3) To the extent of any inconsistency, this Act prevails over the 1
provision, whether enacted before or after this Act, unless the provision 2
makes express provision to the contrary. 3
(4) This section applies subject to section 10. 4
to other Acts 5
Relationship
10.(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 for giving 9
effect to an Act included in schedule 1. 10
11
Example--
12
It may be necessary for a police officer to use reasonable force under this Act to
13
enter a place to detain a person without warrant under a provision of another Act
14
because that Act does not include a provision allowing the police officer to use
15
reasonable force to enter the place.
(3) Also, it is lawful for a police officer to exercise a power in accordance 16
with this Act for giving effect to an Act included in schedule 1 even though 17
the other Act specifies the way the power may or must be exercised. 18
PART 3--APPOINTMENT AS, AND HELPING, 19
PUBLIC OFFICIALS 20
Division 1--Provisions about appointments 21
of police officers as public officials for other Acts 22
Appointment
11.(1) This section applies if-- 23
(a) an Act ("authorising law") authorises someone ("appointer") 24
to appoint public officials for giving effect to the authorising law; 25
and 26
s 12 30 s 12
Police Powers and Responsibilities
(b) a police officer may be appointed as a public official under the 1
authorising law. 2
(2) Despite the authorising law, the appointer may appoint a police officer 3
as a public official for the authorising law only with the commissioner's 4
written approval to the proposed appointment. 5
(3) The commissioner may approve the proposed appointment only if the 6
commissioner is satisfied the police officer proposed to be appointed-- 7
(a) has the necessary experience or expertise to be a public official for 8
the authorising law; or 9
(b) has satisfactorily completed a course of training approved by the 10
commissioner. 11
(4) A police officer may exercise powers as a public official under an 12
authorising law only if and to the extent the commissioner approves the 13
police officer's appointment under this section. 14
(5) If, under the authorising law, the commissioner is the appointer for 15
police officers, this section does not prevent the commissioner from 16
appointing a police officer as a public official under the authorising law. 17
of police officers as public officials 18
Declaration
12.(1) This section applies if, under an express provision of an Act 19
("authorising law"), a police officer is a public official. 20
(2) Despite the authorising law, the police officer may exercise the 21
powers of the public official only to the extent that the commissioner first 22
approves the exercise of the powers. 23
(3) The commissioner may approve the exercise of the powers only if the 24
commissioner is satisfied the police officer proposed to be appointed-- 25
(a) has the necessary experience or expertise to be a public official for 26
the authorising law; or 27
(b) has satisfactorily completed a course of training approved by the 28
commissioner. 29
s 13 31 s 14
Police Powers and Responsibilities
1
Example for subsection (3)--
2
The commissioner may decide to approve the exercise of powers of a public
3
official under the Stock Act 1915 or the Brands Act 1915 only by police officers who
4
are members of the unit of the police service known as the stock investigation squad.
provisions of other Acts apply subject to ss 11-12 5
Authorising
13. A provision of another Act that expressly or impliedly authorises the 6
appointment of a police officer as a public official or authorises a police 7
officer to perform the functions of a public official applies subject to 8
sections 11 and 12. 9
2--Helping public officials 10
Division
public officials exercise powers under other Acts 11
Helping
14.(1) This section applies if an Act ("authorising law") authorises a 12
public official to perform functions in relation to a person or thing. 13
(2) However, this section only applies to a police officer who is not a 14
public official for the authorising law. 15
(3) If a public official asks, a police officer may help the public official 16
perform the public official's functions under the authorising law. 17
(4) Before the police officer helps the public official, the public official 18
must explain to the police officer the powers the public official has under the 19
authorising law. 20
(5) If the public official is not present or will not be present when the help 21
is to be given, the police officer may give the help only if the police officer 22
is satisfied giving the help in the public official's absence is reasonably 23
necessary in the particular circumstances. 24
(6) The police officer has, while helping a public official, the same 25
powers and protection under the authorising law as the public official has. 26
(7) Subsection (6) is in addition to, and does not limit, the powers and 27
protection a police officer has under this or any other Act. 28
s 15 32 s 16
Police Powers and Responsibilities
police officer may take for failure to give name and address etc. 1
Steps
to public official 2
15.(1) This section applies if a police officer reasonably suspects a person 3
required by a public official under another Act to state the person's name 4
and address or date of birth has failed to comply with the requirement. 5
(2) The police officer may ask the person whether the person has a 6
reasonable excuse for not complying with the requirement and, if the person 7
gives an excuse, ask for details or further details of the excuse. 8
(3) If the person does not answer the question or gives an excuse that the 9
police officer reasonably suspects is not a reasonable excuse, the police 10
officer may, under chapter 2, part 3 2, require the person to state the 11
following-- 12
(a) the person's name and address; 13
(b) the person's date of birth.3 14
(4) This section does not apply if the public official is a police officer. 15
police officer may take for obstruction of public official 16
Steps
16.(1) This section applies if a public official claims to have been 17
obstructed by a person in the exercise of the public official's powers and a 18
police officer reasonably suspects the obstruction has happened. 19
(2) The police officer may ask the person whether the person has a 20
reasonable excuse for the conduct and, if the person gives an excuse, ask for 21
details or further details of the excuse. 22
(3) If the person does not answer the question or gives an excuse the 23
police officer reasonably suspects is not a reasonable excuse, the police 24
officer may require the person to stop, or not repeat, the conduct. 25
(4) This section does not apply if the public official is a police officer. 26
2 Chapter 2 (General enforcement powers), part 3 (Power to require name, address
or age)
3 Under section 358 it is an offence to contravene a direction or requirement of a
police officer.
s 17 33 s 17
Police Powers and Responsibilities
HAPTER 2--GENERAL ENFORCEMENT 1
C
POWERS 2
ART 1--ENTRY, INQUIRIES AND INSPECTION 3
P
power to enter to make inquiries, investigations or serve 4
General
documents 5
17.(1) The purpose of this section is to ensure a police officer performing 6
a function of the police service may enter and stay on a place in 7
circumstances that may otherwise be trespass. 8
(2) However, this section does not authorise entry to a private place if a 9
provision of this Act or another Act provides for entry in the particular 10
circumstances only under a search warrant or other stated authority.4 11
(3) A police officer may enter a place and stay for a reasonable time on 12
the place to inquire into or investigate a matter. 13
14
Examples for subsection (3)--
15
1. The entry may be to a public area of a place such as a hotel or a nightclub for
16
finding out if an offence is being or has been committed on the place.
17
2. The entry may be for finding out if a person reasonably suspected of being
18
involved in the commission of an offence is at a place.
19
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 20
place to serve a document. 21
(5) However, if the place contains a dwelling, the only part of the place a 22
police officer may enter without the consent of the occupier is the part of the 23
place that is not a dwelling. 24
(6) Also, the police officer may only use minimal force to enter the place. 25
26
Example for subsection (6)--
27
Turning a door handle to open an unlocked door and opening the door.
4 See, for example, the Prostitution Act 1999, section 59.
s 18 34 s 19
Police Powers and Responsibilities
is a reasonable time to stay on a place 1
What
18.(1) What is a reasonable time to stay on a place a police officer enters 2
to investigate a matter, make an inquiry or serve a document must be 3
decided according to the particular circumstances. 4
(2) If the entry is for investigating a matter or making an inquiry, a 5
reasonable time for a police officer to stay on a place is the time reasonably 6
necessary for the police officer to do the following for deciding whether any 7
other action is necessary to fulfil a function of the police service-- 8
(a) ask questions of anyone present at the place; 9
(b) make any reasonable investigation or observation.5 10
(3) If the entry is for serving a document, a reasonable time for a police 11
officer to stay on a place is the time reasonably necessary for the police 12
officer to ask questions for serving the document and to serve the document 13
according to law. 14
power to enter to arrest or detain someone or enforce warrant 15
General
19.(1) A police officer may enter a place 6 and stay for a reasonable time 16
on the place-- 17
(a) to arrest a person without warrant; or 18
(b) to arrest a person named in a warrant; or 19
(c) to detain a person under another Act. 20
(2) If the place contains a dwelling, a police officer may enter the 21
dwelling without the consent of the occupier to arrest or detain a person only 22
if the police officer reasonably suspects the person to be arrested or detained 23
is at the dwelling. 24
(3) If the place is a vehicle, a police officer may stop and detain the 25
vehicle and enter it to arrest or detain the person. 26
5 For the functions of the police service, see the Police Service Administration Act
1990, section 2.3 (Functions of Service).
6 See section 328 (Use of force likely to cause damage to enter places) for
relevant safeguards.
s 20 35 s 20
Police Powers and Responsibilities
(4) A police officer who enters a place under this section may search the 1
place for the person. 2
(5) In this section-- 3
"arrest", a person named in a warrant, includes apprehend, take into 4
custody, detain, and remove to another place for examination or 5
treatment. 6
to enter etc. for relevant laws 7
Power
20.(1) For ensuring compliance with a relevant law, a police officer may 8
do any of the following-- 9
(a) at any reasonable time, enter and stay on a place used for a 10
purpose under a licence under the relevant law; 11
(b) inspect, photograph or copy a prescribed item there or at a place 12
with appropriate facilities for photographing or copying the item; 13
(c) seize a thing to which the relevant law applies, if the thing is 14
evidence of the commission of an offence against the relevant law 15
or another Act; 16
(d) require a licence holder or someone else apparently in possession 17
of prescribed items to produce stated prescribed items for 18
inspection; 19
(e) inspect security measures a person must maintain under the 20
relevant law; 21
(f) require a licence holder or person apparently in possession or in 22
charge of the place to give to the police officer reasonable help to 23
do something mentioned in paragraph (b) or (e). 24
(2) A police officer may enter a part of a place not used for the purpose 25
for which entry is made, but only to get to the place used for the purpose. 26
(3) If a police officer takes a prescribed item to a place with facilities for 27
photographing or copying the item, the police officer must-- 28
(a) give the person from whom it is taken a receipt for the item as if it 29
had been seized under this Act; and 30
(b) return the item to the place from which it was taken-- 31
s 21 36 s 21
Police Powers and Responsibilities
(i) as soon as practicable, but no later than the end of the next 1
day the place is open for business; or 2
(ii) if a later time is agreed in writing between the police officer 3
and the person from whom it was taken, no later than the 4
later time. 5
(4) For this section, a person who is required under-- 6
(a) the Drugs Misuse Act 1986, section 43D;7 or 7
(b) the Road Use Management Act, section 133;8 8
to keep a register is taken to be a licence holder, and the place the person 9
uses to carry out activities for which entries must be made in the register is 10
taken to be a place used under a licence, under a relevant law. 11
(5) In this section-- 12
"inspect" includes examine and test. 13
"prescribed item" means-- 14
(a) a document or thing that is required or permitted to be kept under 15
a relevant law; or 16
(b) a thing declared under a regulation to be a prescribed item for this 17
section. 18
is a reasonable time for entry etc. for a relevant law 19
What
21.(1) A reasonable time for a police officer to enter a place for 20
exercising a power in relation to a relevant law includes-- 21
(a) when the place is open to or used by the public; or 22
(b) when the police officer may reasonably expect that someone will 23
be present at the place; or 24
(c) when someone is present at the place. 25
7 Drugs Misuse Act 1986, section 43D (Requirements for supply of controlled
substance under relevant transactions)
8 Road Use Management Act, section 133 (Occupiers of garages etc. to keep
register of repairs)
s 22 37 s 23
Police Powers and Responsibilities
(2) However, if no-one is at a building on a place a police officer enters 1
under subsection (1)(b), the time stops being a reasonable time for the entry. 2
by a police officer for a relevant law 3
Requirement
22.(1) This section applies if a police officer requires a licence holder or 4
person apparently in possession or in charge of a place used for a purpose 5
under a licence under a relevant law to give the police officer reasonable 6
help. 7
(2) What is reasonable help must be decided according to the particular 8
circumstances. 9
10
Examples for subsection (2)--
11
1. It may be reasonable for a person who can operate a computer to help a police
12
officer to gain access to a document on the computer so it can be inspected.
13
2. It may be reasonable for a person to open a safe or strong room where
14
prescribed items are kept.
to demand production of licence etc. for weapons 15
Power
23.(1) This section applies if a person is required under the Weapons 16
Act 1990-- 17
(a) to be the holder of a licence or permit to acquire under that Act; or 18
(b) to have the approval of any person; or 19
(c) to keep a register or record. 20
(2) A police officer may require the person to produce to a police officer 21
for inspection at a stated reasonable place and time, within 48 hours, any of 22
the following documents-- 23
(a) the photo licence or permit to acquire; 24
(b) a certificate or other evidence of approval; 25
(c) the register or record. 26
(3) A police officer may also require the individual to produce for 27
inspection at a stated reasonable place and time, within 48 hours, any 28
weapon still in the individual's possession and mentioned in any of the 29
documents. 30
s 24 38 s 24
Police Powers and Responsibilities
(4) However, if an individual has physical possession of a weapon, a 1
police officer may require the individual to produce immediately to the 2
police officer for inspection the weapon and the photo licence authorising 3
possession of the weapon. 4
(5) This section is in addition to, and does not limit, section 20. 5
ART 2--SEARCHING PERSONS, VEHICLES AND 6
P
PLACES WITHOUT WARRANT 7
1--Roadblocks 8
Division
9
Roadblocks
24.(1) A police officer may establish a roadblock if the police officer 10
reasonably suspects a roadblock may be effective to apprehend or locate a 11
person in a vehicle who-- 12
(a) has committed a seven year imprisonment offence; or 13
(b) may be unlawfully depriving someone else of liberty;9 or 14
(c) is being unlawfully deprived of liberty; or 15
(d) has escaped from lawful custody; or 16
(e) may be endangering the life or safety of someone else. 17
(2) In deciding whether to establish a roadblock, the police officer must 18
have regard to the following-- 19
(a) when and where the relevant circumstances happened; 20
(b) information the police officer has about where the person sought 21
may be travelling in a vehicle. 22
(3) A police officer may stop all vehicles or any vehicle at the roadblock 23
and detain each vehicle stopped for the time reasonably necessary to search 24
it to find out if a person mentioned in subsection (1) is in it. 25
9 For what is unlawful deprivation of liberty, see the Criminal Code, section 355.
s 25 39 s 27
Police Powers and Responsibilities
for establishing roadblocks 1
Procedure
25. Before a police officer decides where to establish a roadblock, the 2
senior police officer present must consider-- 3
(a) the effect the roadblock may have on road safety and public 4
safety; and 5
(b) the likelihood of a dangerous situation happening if a person 6
sought is located at the roadblock; and 7
(c) any other relevant safety considerations. 8
9
Example--
10
If the person sought is believed to be armed and dangerous, the police officer
11
establishing the roadblock may decide not to establish it in a populated location.
of roadblock to be made 12
Record
26. The senior police officer present at a roadblock must ensure-- 13
(a) a record is made of relevant details of the roadblock including, for 14
example, the reasons for establishing it, when and where it was 15
established, for how long, and whether the roadblock led to a 16
person sought being located or arrested; and 17
(b) a copy of the record is given to a person nominated by the 18
commissioner for the purpose. 19
Division 2--Searching persons without warrant 20
persons without warrant 21
Searching
27.(1) A police officer who reasonably suspects any of the prescribed 22
circumstances for searching a person without a warrant exist may, without a 23
warrant, do any of the following-- 24
(a) stop and detain a person; 25
(b) search the person and anything in the person's possession for 26
anything relevant to the circumstances for which the person is 27
detained. 28
(2) The police officer may seize all or part of a thing-- 29
s 28 40 s 28
Police Powers and Responsibilities
(a) that may provide evidence of the commission of an offence; or 1
(b) that the person intends to use to cause harm to himself, herself or 2
someone else; or 3
(c) if section 28(b) applies, that is an antique firearm. 4
circumstances for searching persons without warrant 5
Prescribed
28. The prescribed circumstances for searching a person without a 6
warrant are as follows-- 7
(a) the person has something that may be-- 8
(i) a weapon, knife or explosive the person may not lawfully 9
possess; or 10
(ii) an unlawful dangerous drug; or 11
(iii) stolen property; or 12
(iv) unlawfully obtained property; or 13
(v) tainted property; or 14
(vi) evidence of the commission of a seven year imprisonment 15
offence the police officer reasonably suspects may be 16
concealed on the person or destroyed; 17
(b) the person possesses an antique firearm and is not a fit and proper 18
person to be in possession of the firearm-- 19
(i) because of the person's mental and physical fitness; or 20
(ii) because a domestic violence order has been made against the 21
person; or 22
(iii) because the person has been found guilty of an offence 23
involving the use, carriage, discharge or possession of a 24
weapon; 25
(c) the person has something that may have been used, is being used, 26
is intended to be used, or is primarily designed for use, as an 27
implement of housebreaking, for unlawfully using or stealing a 28
vehicle, or for the administration of a dangerous drug; 29
s 29 41 s 29
Police Powers and Responsibilities
(d) the person has something the person intends to use to cause harm 1
to himself, herself or someone else; 2
(e) the person is at a casino and may have contravened, or attempted 3
to contravene, the Casino Control Act 1982, section 103 or 104;10 4
(f) the person has committed, is committing, or is about to 5
commit-- 6
(i) an offence against the Racing and Betting Act 1980; or 7
(ii) an offence against the Corrective Services Act 1988, 8
section 104;11 or 9
(iii) an offence that may threaten the security or management of a 10
prison or the security of a prisoner. 11
3--Searching vehicles without warrant 12
Division
vehicles without warrant 13
Searching
29.(1) A police officer who reasonably suspects any of the prescribed 14
circumstances for searching a vehicle without a warrant exist may, without 15
warrant, do any of the following-- 16
(a) stop a vehicle; 17
(b) detain a vehicle and the occupants of the vehicle; 18
(c) search a vehicle and anything in it for anything relevant to the 19
circumstances for which the vehicle and its occupants are 20
detained. 21
(2) Also, a police officer may stop, detain and search a vehicle and 22
anything in it if the police officer reasonably suspects-- 23
(a) the vehicle is being used unlawfully; or 24
10 Casino Control Act 1982, section 103 (Cheating) or 104 (Unlawful use of certain
equipment etc.)
11 Corrective Services Act 1988, section 104 (Offences by persons other than
prisoners)
s 30 42 s 30
Police Powers and Responsibilities
(b) a person in the vehicle may be arrested without warrant under 1
section 16312 or under a warrant under the Corrective Services Act 2
1988. 3
(3) If the driver or a passenger in the vehicle is arrested for an offence 4
involving something the police officer may search for under this part 5
without a warrant, a police officer may also detain the vehicle and anyone in 6
it and search the vehicle and anything in it. 7
(4) If it is impracticable to search for a thing that may be concealed in a 8
vehicle at the place where the vehicle is stopped, the police officer may take 9
the vehicle to a place with appropriate facilities for searching the vehicle and 10
search the vehicle at that place. 11
(5) The police officer may seize all or part of a thing-- 12
(a) that may provide evidence of the commission of an offence; or 13
(b) that the person intends to use to cause harm to himself, herself or 14
someone else; or 15
(c) if section 30(b) applies, that is an antique firearm. 16
(6) Power under this section to search a vehicle includes power to enter 17
the vehicle, stay in it and re-enter it as often as necessary to remove from it a 18
thing seized under subsection (5). 19
circumstances for searching vehicle without warrant 20
Prescribed
30. The prescribed circumstances for searching a vehicle without a 21
warrant are that the vehicle may have in it something that-- 22
(a) may be a weapon or explosive a person may not lawfully 23
possess; or 24
(b) may be an antique firearm that a person possesses and the person 25
is not a fit and proper person to possess the firearm-- 26
(i) because of the person's mental and physical fitness; or 27
(ii) because a domestic violence order has been made against the 28
person; or 29
12 Section 163 (Arrest of escapees etc.)
s 30 43 s 30
Police Powers and Responsibilities
(iii) because the person has been found guilty of an offence 1
involving the use, carriage, discharge or possession of a 2
weapon; or 3
(c) may be an unlawful dangerous drug; or 4
(d) may be stolen property; or 5
(e) may be unlawfully obtained property; or 6
(f) may have been used, is being used, is intended to be used, or is 7
primarily designed for use, as an implement of housebreaking, 8
for unlawfully using or stealing a vehicle, or for the 9
administration of a dangerous drug; or 10
(g) may be evidence of the commission of an offence against any of 11
the following-- 12
· the Racing and Betting Act 1980 13
· the Corrective Services Act 1988, section 10413 14
· the Nature Conservation Act 1992; or 15
(h) may have been used, is being used, or is intended to be used, to 16
commit an offence that may threaten the security or management 17
of a prison or the security of a prisoner; or 18
(i) may be tainted property; or 19
(j) may be evidence of the commission of a seven year 20
imprisonment offence the police officer reasonably suspects may 21
be concealed or destroyed; or 22
(k) may be something the person intends to use to cause harm to 23
himself, herself or someone else. 24
13 Corrective Services Act 1988, section 104 (Offences by persons other than
prisoners)
s 31 44 s 31
Police Powers and Responsibilities
Division 4--Searching public places without warrant 1
public places without warrant 2
Searching
31.(1) It is lawful for a police officer to exercise the following powers in 3
a public place without a search warrant-- 4
(a) power to enter the public place and to stay on it for the time 5
reasonably necessary to exercise powers mentioned in paragraphs 6
(b) to (f); 7
(b) power to search the public place for anything that may be 8
evidence of the commission of an offence; 9
(c) power to seize a thing found at the public place, or on a person 10
found at the public place, that a police officer reasonably suspects 11
may be evidence of the commission of an offence; 12
(d) power to photograph anything the police officer reasonably 13
suspects may provide evidence of the commission of an offence; 14
(e) power to dig up land; 15
(f) power to open anything that is locked. 16
(2) However, if this section applies to a place because it is a public place 17
while it is ordinarily open to the public, the police officer may search the 18
place only-- 19
(a) with the consent of the occupier of the place; or 20
(b) under a search warrant; or 21
(c) under chapter 3, part 2.14 22
(3) If the occupier consents, the police officer may exercise search 23
warrant powers at the place. 24
14 Chapter 3 (Search warrants, obtaining documents, and crime scenes), part 2
(Search of place to prevent loss of evidence)
s 32 45 s 32
Police Powers and Responsibilities
PART 3--POWER TO REQUIRE NAME, ADDRESS 1
OR AGE 2
Division 1--Powers relating to name and address 3
may be required to state name and address 4
Person
32.(1) A police officer may require a person to state the person's correct 5
name and address in prescribed circumstances. 6
(2) Also, the police officer may require the person to give evidence of the 7
correctness of the stated name and address if, in the circumstances, it would 8
be reasonable to expect the person to be in possession of evidence of the 9
correctness of the stated name or address or to otherwise be able to give the 10
evidence. 11
(3) A person does not commit an offence against section 35715 if the 12
person was required by a police officer to state the person's name and 13
address and the person is not proved-- 14
(a) for section 33(a) or (b)--to have committed the offence; or 15
(b) for section 33(e)--to be the person named in the warrant, 16
summons or court document; or 17
(c) for section 33(g)--to have been involved or to be about to be 18
involved in an act of domestic violence or associated domestic 19
violence; or 20
(d) for section 33(h) or (i)--to have been able to help in the 21
investigation. 22
(4) Also, a person does not commit an offence against section 357 if-- 23
(a) the person was required by a police officer to state the person's 24
name and address for enforcing the Tobacco Products 25
(Prevention of Supply to Children) Act 1998 in relation to the 26
supply of a tobacco product to a child; and 27
(b) noone is proved to have committed an offence against that Act. 28
15 Section 357 (Offence to contravene direction or requirement of police officer)
s 33 46 s 33
Police Powers and Responsibilities
(5) In this section-- 1
"address" means current place of residence. 2
circumstances for requiring name and address 3
Prescribed
33. The prescribed circumstances for requiring a person to state the 4
person's name and address are as follows-- 5
(a) a police officer finds the person committing an offence; 6
(b) a police officer reasonably suspects the person has committed an 7
offence; 8
(c) a police officer is about to take the person's identifying particulars 9
under an identifying particulars notice; 10
(d) a police officer is about to give, is giving, or has given someone a 11
noise abatement direction, an initial nuisance direction or a final 12
nuisance direction; 13
(e) a police officer is attempting to enforce a warrant or serve a 14
summons or other court document on a person; 15
(f) a police officer reasonably believes obtaining the person's name 16
and address is necessary for the administration or enforcement of 17
an Act prescribed under a regulation for this section; 18
(g) a police officer reasonably suspects the person has been or is 19
about to be involved in an act of domestic violence or associated 20
domestic violence; 21
(h) a police officer reasonably suspects the person may be able to 22
help in the investigation of-- 23
(i) an act of domestic violence or associated domestic violence; 24
or 25
(ii) a relevant vehicle incident; 26
(i) a police officer reasonably suspects the person may be able to 27
help in the investigation of an alleged indictable offence because 28
the person was near the place where the alleged offence happened 29
before, when, or soon after it happened; 30
s 34 47 s 34
Police Powers and Responsibilities
(j) the person is the person in control of a vehicle that is stationary on 1
a road or has been stopped under section 51.16 2
Division 2--Powers relating to age 3
for age-related offences 4
Power
34.(1) This section applies if-- 5
(a) a person is at a place and the age of the person is relevant to the 6
person's entitlement to be at the place; or 7
(b) a person is engaging in an activity and the age of the person is 8
relevant to the person's entitlement to engage in the activity. 9
10
Examples for subsection (1)--
11
1. The age of a person is relevant to a person's entitlement to be on licensed
12
premises.
13
2. The age of a person is relevant to a person's entitlement to play a gaming
14
machine at a casino or a club.
(2) A police officer may require a person to state the person's correct date 15
of birth, whether or not when requiring the person to state the person's 16
correct name and address. 17
(3) Also, the police officer may require the person to give evidence of the 18
correctness of the stated date of birth if, in the circumstances, it would be 19
reasonable to expect the person to be in possession of evidence of the 20
correctness of the stated date of birth or to otherwise be able to give the 21
evidence. 22
(4) If a police officer asks a person to give evidence of the person's date 23
of birth and is not satisfied the person is old enough to be at the place or to 24
engage in the activity, the police officer may direct the person-- 25
(a) to immediately leave the place, or the part of the place in which 26
the person's age is relevant, and not re-enter it; or 27
(b) not to engage in the activity. 28
16 Section 51 (Stopping vehicles for prescribed purposes)
s 35 48 s 35
Police Powers and Responsibilities
1
Example for subsection (4)--
2
The police officer may not be satisfied the person is old enough to be at a place
3
because of the person's apparent age if--
4
(a) the person fails to provide evidence of the stated date of birth; or
5
(b) the police officer reasonably suspects a document purporting to establish
6
the person's identity and stating a date of birth does not belong to the
7
person.
supply of tobacco products to children 8
Unlawful
35.(1) This section applies if a police officer-- 9
(a) observes a person being supplied a thing that the police officer 10
reasonably suspects is a tobacco product; and 11
(b) reasonably suspects the person is a child. 12
(2) A police officer may-- 13
(a) ask the person to show acceptable evidence of age of the person; 14
and 15
(b) require the person to produce the thing supplied to the person. 16
(3) The police officer may seize the tobacco product if the person-- 17
(a) either-- 18
(i) refuses, or is unable, to comply with the request; or 19
(ii) shows acceptable evidence of age of the person showing the 20
person is a child; and 21
(b) the police officer reasonably suspects the tobacco product is 22
evidence of an offence against the Tobacco Products (Prevention 23
of Supply to Children) Act 1998. 24
(4) In this section-- 25
"acceptable evidence of age" has the meaning given to it by the Tobacco 26
Products (Prevention of Supply to Children) Act 1998, section 6. 27
"tobacco product" has the meaning given to it by the Tobacco Products 28
(Prevention of Supply to Children) Act 1998, schedule. 29
s 36 49 s 38
Police Powers and Responsibilities
ART 4--DIRECTIONS TO MOVE-ON 1
P
does not apply to authorised public assemblies 2
Part
36. This part does not apply to an authorised public assembly under the 3
Peaceful Assemblies Act 1992. 4
power applies to behaviour 5
When
37.(1) A police officer may exercise a power under section 39 in relation 6
to a person at or near a prescribed place if a police officer reasonably 7
suspects the person's behaviour is or has been-- 8
(a) causing anxiety to a person entering, at or leaving the place, 9
reasonably arising in all the circumstances; or 10
(b) interfering with trade or business at the place by unnecessarily 11
obstructing, hindering or impeding someone entering, at or 12
leaving the place; or 13
(c) disorderly, indecent, offensive, or threatening to someone 14
entering, at or leaving the place; or 15
(d) disrupting the peaceable and orderly conduct of any event, 16
entertainment or gathering at the place. 17
(2) Subsection (1)(b) applies to premises used for trade or business only 18
if the occupier of the premises complains about the person's behaviour. 19
(3) This part also applies to a person in a prescribed place if a police 20
officer reasonably suspects that, because of the person's behaviour, the 21
person is soliciting for prostitution. 22
(4) For this part, the person's behaviour is a "relevant act". 23
power applies to a person's presence 24
When
38.(1) A police officer may exercise a power under section 39 in relation 25
to a person at or near a prescribed place if a police officer reasonably 26
suspects the person's presence is or has been-- 27
(a) causing anxiety to a person entering, at, or leaving the place, 28
reasonably arising in all the circumstances; or 29
s 39 50 s 39
Police Powers and Responsibilities
(b) interfering with trade or business at the place by unnecessarily 1
obstructing, hindering or impeding someone entering, at or 2
leaving the place; or 3
(c) disrupting the peaceable and orderly conduct of any event, 4
entertainment or gathering at the place. 5
(2) Subsection (1)(b) applies to premises used for trade or business only 6
if the occupier of the premises complains about the person's presence. 7
(3) For this part, the person's presence is a "relevant act". 8
may be given to person 9
Direction
39.(1) A police officer may give to a person or group of persons doing a 10
relevant act any direction that is reasonable in the circumstances. 11
12
Examples for subsection (1)--
13
1. If a person sitting in the entrance to a shop is stopping people entering or
14
leaving the shop when it is open for business and the occupier complains, a police
15
officer may give to the person a direction to move away from the entrance.
16
2. If a group of people have been fighting in a night club car park, a police officer
17
may give the people involved in the fight a direction to leave the premises in
18
opposite directions to separate the aggressors.
19
3. If a person has approached a primary school child near a school in
20
circumstances that would cause anxiety to a reasonable parent, a police officer may
21
give the person a direction to leave the area near the school.
(2) However, a police officer must not give a direction under subsection 22
(1) that interferes with a person's right of peaceful assembly unless it is 23
reasonably necessary in the interests of-- 24
(a) public safety; or 25
(b) public order; or 26
(c) the protection of the rights and freedoms of other persons. 27
28
Examples of rights and freedoms for subsection (2)(c)--
29
1. The rights and freedoms of the public to enjoy the place.
30
2. The rights of persons to carry on lawful business in or in association with the
31
place.
s 40 51 s 42
Police Powers and Responsibilities
(3) Without limiting subsection (1), a direction may require a person to 1
do either of the following-- 2
(a) leave the prescribed place and not return within a stated reasonable 3
time of not more than 24 hours; 4
(b) move from a particular location for a stated reasonable distance, in 5
a stated direction, and not return or be within the stated distance 6
from the place for a stated reasonable time of not more than 7
24 hours. 8
(4) The police officer must tell the person or group of persons the 9
reasons for giving the direction. 10
for notified area 11
Proposal
40.(1) A government entity or a local government may apply to the 12
Minister for the declaration of a stated area as a notified area. 13
(2) Before the Governor in Council declares an area to be a notified area, 14
the Minister must ensure any requirements prescribed under a regulation for 15
this section have been complied with. 16
of notified areas 17
Declaration
41. The Governor in Council may, by regulation, declare a stated area to 18
be a notified area for this Act. 19
PART 5--BREACHES OF THE PEACE, RIOTS AND 20
PREVENTION OF OFFENCES 21
with breach of the peace 22
Dealing
42.(1) This section applies if a police officer reasonably suspects-- 23
(a) a breach of the peace is happening or has happened; or 24
(b) there is an imminent likelihood of a breach of the peace; or 25
(c) there is a threatened breach of the peace. 26
s 43 52 s 44
Police Powers and Responsibilities
(2) It is lawful for a police officer to take the steps the police officer 1
considers reasonably necessary to prevent the breach of the peace happening 2
or continuing, or the conduct that is the breach of the peace again happening, 3
even though the conduct prevented might otherwise be lawful. 4
5
Examples for subsection (2)--
6
1. The police officer may detain a person until the need for the detention no longer
7
exists.
8
2. A person who pushes in to the front of a queue may be directed to go to the end
9
of the queue.
10
3. Property that may be used in or for breaching the peace may be seized to
11
prevent the breach.
(3) It is lawful for a police officer-- 12
(a) to receive into custody from a person the police officer reasonably 13
believes has witnessed a breach of the peace, a person who has 14
been lawfully detained under the Criminal Code, section 260;17 15
and 16
(b) to detain the person in custody for a reasonable time. 17
of riot 18
Prevention
43.(1) It is lawful for a police officer to take the steps the police officer 19
reasonably believes are necessary to suppress a riot. 20
(2) It is lawful for a police officer, acting under reasonable orders given 21
by a justice for suppressing a riot, to suppress a riot. 22
of offences 23
Prevention
44.(1) This section applies if a police officer reasonably suspects an 24
offence has been committed, is being committed, or is about to be 25
committed. 26
(2) It is lawful for a police officer to take the steps the police officer 27
considers reasonably necessary to prevent the commission, continuation or 28
repetition of an offence. 29
17 Criminal Code, section 260 (Preventing a breach of the peace)
s 45 53 s 46
Police Powers and Responsibilities
1
Example of preventing the commission of an offence--
2
A police officer who reasonably suspects the way a person in the vicinity of a
3
prisoner is acting threatens or is likely to threaten the security of the prisoner or the
4
security or good order of the place where the prisoner is detained may require the
5
person to leave the vicinity of the prisoner or the place of detention.
6
Examples of continuation of an offence--
7
1. A police officer may direct a person who is obstructing an ambulance officer
8
acting under the authority of the Ambulance Service Act 1991 to leave the place
9
where the person is and, if the person fails to leave, may use reasonably necessary
10
force to remove the person.
11
2. A police officer may remove or deface an obscene or indecent placard, picture,
12
writing or advertisement attached to a place or thing if it contravenes an Act because
13
it is visible to members of the public.
PART 6--POWERS RELATING TO VEHICLES, 14
TRAFFIC AND ANIMALS 15
1--Inquiry and investigation powers 16
Division
of inquiry into road use contraventions 17
Power
45.(1) It is lawful for a police officer to make any reasonably necessary 18
inquiry, investigation, inspection, examination, or test for establishing 19
whether or not an offence against the Road Use Management Act has been 20
committed. 21
(2) Also, it is lawful for a police officer to arrange for someone else to 22
make any reasonably necessary inspection, examination, or test for 23
establishing whether or not an offence against the Road Use Management 24
Act has been committed. 25
to require information about identity of drivers of vehicles etc. 26
Power
46.(1) This section applies if a person alleges to a police officer or a 27
police officer reasonably suspects a contravention of the Road Use 28
Management Act involving a vehicle, tram, or animal has been committed. 29
s 47 54 s 47
Police Powers and Responsibilities
(2) A police officer may require any of the following to give to the police 1
officer information that will identify or help identify the person who was in 2
control of the vehicle, tram, or animal when the contravention happened-- 3
(a) an owner of the vehicle, tram, or animal; 4
(b) a person in possession of the vehicle, tram, or animal; 5
(c) a person in whose name the vehicle is registered; 6
(d) a person who may reasonably be expected to be able to give the 7
information. 8
(3) Also, a police officer may require the driver of the vehicle, tram, or 9
animal to give to the police officer information about the identity of the 10
owner of the vehicle, tram, or animal.18 11
power of inquiry for relevant vehicle incidents 12
Additional
47.(1) It is lawful for a police officer to make any reasonably necessary 13
inquiry, investigation, inspection, examination or test-- 14
(a) to obtain information about a vehicle, train, tram, animal or other 15
property involved in a relevant vehicle incident; or 16
(b) to obtain information about the cause of a relevant vehicle incident 17
and the circumstances in which it happened. 18
(2) Also, it is lawful for a police officer to make any reasonably 19
necessary inquiry or investigation to obtain information about a person 20
involved in a relevant vehicle incident. 21
(3) For subsection (1) or (2), a police officer may require a person to 22
answer any question put to the person by the police officer or provide 23
information relevant to the incident. 24
(4) A person who is required by a police officer to provide information 25
relevant to the incident must not provide any information the person knows 26
to be false. 27
Maximum penalty for subsection (4)--40 penalty units or 6 months 28
imprisonment. 29
18 Failure to comply with the requirement is an offence against section 357
(Offence to contravene direction or requirement of police officer).
s 48 55 s 49
Police Powers and Responsibilities
of entry for ss 45-47 1
Power
48.(1) For sections 45 to 47, a police officer may enter a place and stay 2
on the place for the time reasonably necessary for the purpose of the entry. 3
(2) However, the police officer may use reasonably necessary force to 4
enter the place only if the entry is authorised by a police officer of at least the 5
rank of inspector. 6
of driver licence 7
Production
49.(1) This section applies if a police officer-- 8
(a) finds a person committing an offence against the Road Use 9
Management Act; or 10
(b) reasonably suspects a person has committed an offence against 11
the Road Use Management Act; or 12
(c) is making inquiries or investigations for establishing whether or 13
not a person has committed an offence against the Road Use 14
Management Act; or 15
(d) reasonably suspects a person who was present at the scene of a 16
relevant vehicle incident may be able to give information or 17
evidence about the incident; or 18
(e) reasonably considers it is necessary for enforcing the Road Use 19
Management Act in relation to a heavy vehicle. 20
(2) The police officer may require the person to produce the person's 21
driver licence for inspection.19 22
(3) A person who holds an open driver licence issued under the Road 23
Use Management Act but is unable to comply with the requirement 24
immediately may comply with the requirement by producing the licence to 25
the officer in charge of a nominated police establishment within 48 hours 26
after the requirement is made. 27
(4) The police establishment nominated under subsection (3) must be 28
reasonable in the circumstances. 29
19 Failure to comply with the requirement is an offence against section 357
(Offence to contravene direction or requirement of police officer).
s 50 56 s 51
Police Powers and Responsibilities
(5) Subsection (3) does not apply to a person in control of a heavy 1
vehicle. 2
for regulating traffic 3
Power
50.(1) A police officer may give to a driver of a vehicle or animal or to a 4
pedestrian on or about to enter a road, or to a passenger in a vehicle, any 5
direction, signal or order the police officer reasonably considers necessary 6
for the safe and effective regulation of traffic on the road. 7
(2) Also, if an emergency exists, a police officer may give to a driver of 8
or passenger in a train any direction, signal or order the police officer 9
reasonably considers necessary. 10
(3) If a police officer reasonably suspects an emergency exists or it is 11
otherwise necessary to temporarily prohibit, divert or direct traffic, the 12
police officer may take any action and give or cause to be given any 13
direction, signal or order the police officer reasonably considers necessary 14
or desirable to control traffic and pedestrians on a road. 15
16
Examples for subsection (3)--
17
1. A siege where firearms are being discharged and members of the public may be
18
hurt.
19
2. A serious or fatal road accident requiring treatment of injured persons, removal
20
of bodies, wreckage to be cleared or evidence to be gathered for investigating the
21
cause of the accident.
(4) A direction under subsection (1) or (3) may include a direction to the 22
owner or driver of a parked vehicle to move the vehicle as soon as 23
practicable. 24
(5) A regulation may prescribe the way a police officer may give 25
directions under this section. 26
vehicles for prescribed purposes 27
Stopping
51.(1) A police officer may require the person in control of a vehicle, 28
other than an aircraft or train, to stop the vehicle for a prescribed purpose. 29
(2) The person must comply with the requirement, unless the person has 30
a reasonable excuse. 31
s 52 57 s 52
Police Powers and Responsibilities
Maximum penalty-- 1
(a) for a private vehicle--60 penalty units; or 2
(b) for a heavy vehicle--120 penalty units. 3
4
Example of a reasonable excuse for subsection (2)--
5
It is a reasonable excuse for a person not to comply with a requirement if--
6
(a) the person reasonably believes that to immediately comply would
7
endanger the person or someone else; and
8
(b) the person complies with the requirement at the first reasonable
9
opportunity.
(3) The prescribed purposes are as follows-- 10
(a) for enforcing a transport Act; 11
(b) to check whether the vehicle or person is complying with a 12
transport Act; 13
(c) for enforcing a contravention of law involving putting, dropping 14
and leaving litter on a public place from a vehicle; 15
(d) to conduct a breath test. 16
(4) For conducting a breath test, the police officer may enter the vehicle 17
and remain in or on it for the time reasonably necessary for the purpose. 18
19
Examples for subsection (4)--
20
1. The police officer may hold a breath testing device in or through an open
21
window of a car so the driver can provide a specimen of breath.
22
2. The police officer may board a boat so the driver of the boat can provide a
23
specimen of breath.
to require vehicles to be moved 24
Power
52.(1) This section applies to a motor vehicle that is stationary on a road 25
or has been stopped under section 51. 26
(2) To enable a police officer to exercise a power for a prescribed 27
purpose, the police officer may require the person in control of the vehicle to 28
move the vehicle to a stated reasonable place. 29
s 53 58 s 53
Police Powers and Responsibilities
1
Example for subsection (2)--
2
The officer may require the person to move the vehicle onto a weighing or testing
3
device.
(3) However, the place must not be more than-- 4
(a) for a private vehicle--5 km from where the vehicle was stopped; 5
or 6
(b) for a heavy vehicle--25 km from where the vehicle was stopped. 7
(4) Despite subsection (3), a stated reasonable place for a heavy vehicle 8
may be any place along the vehicle's route to its destination or within 25 km 9
of the route. 10
(5) The person must comply with the requirement, unless the person has 11
a reasonable excuse. 12
Maximum penalty-- 13
(a) for a private vehicle--60 penalty units; or 14
(b) for a heavy vehicle--120 penalty units. 15
(6) For a heavy vehicle, if the person does not comply with the 16
requirement, the police officer may move the vehicle to the required place. 17
to remain at a place 18
Requirement
53. This section applies if the person in control of a vehicle is required-- 19
(a) to stop the vehicle under section 51; or 20
(b) to move the vehicle to a place under section 52. 21
(2) The person must ensure the vehicle remains at the place where it is 22
stopped or moved to, for the time reasonably necessary to enable the police 23
officer to perform a function or exercise a power under those sections. 24
Maximum penalty-- 25
(a) for a private vehicle--60 penalty units; or 26
(b) for a heavy vehicle--80 penalty units. 27
s 54 59 s 55
Police Powers and Responsibilities
to inspect vehicles 1
Power
54.(1) This section applies to a motor vehicle that-- 2
(a) is stationary on a road; or 3
(b) has been stopped under section 51; or 4
(c) is at a place to which it has been moved under section 52. 5
(2) To check whether the vehicle complies with a transport Act, a police 6
officer may inspect or test it. 7
(3) To enable the police officer to inspect or test the vehicle, the police 8
officer may do anything reasonable to be done for the inspection or test. 9
10
Examples of what may be reasonable for an inspection or test--
11
The police officer may--
12
(a) enter the vehicle; or
13
(b) unlock, unfasten, open or remove any part of it; or
14
(c) move its load.
to enter vehicles etc. other than for vehicle inspection 15
Power
55.(1) This section applies to a police officer who reasonably suspects-- 16
(a) a vehicle at a place the police officer has entered under this Act is 17
used, or is being used, to transport dangerous goods; or 18
(b) a heavy vehicle is being, or has just been, used to transport 19
dangerous goods; or 20
(c) a vehicle is being, or has just been, used to commit an offence 21
against a transport Act; or 22
(d) a vehicle, or a thing in or on it, may provide evidence of the 23
commission of an offence against a transport Act; or 24
(e) the driver of a heavy vehicle is required under a transport Act to 25
keep a document relating to driving hours. 26
(2) The police officer may, for enforcing a transport Act-- 27
(a) enter the vehicle; or 28
(b) search any part of the vehicle; or 29
s 56 60 s 57
Police Powers and Responsibilities
(c) inspect, measure, test, photograph or film the vehicle or anything 1
in or on it; or 2
(d) take samples of the vehicle or anything in it; or 3
(e) copy a document in the vehicle; or 4
(f) move the vehicle's load. 5
to require vehicle inspections 6
Power
56.(1) If a police officer reasonably suspects a vehicle may not comply 7
with a transport Act, the police officer may require its owner to have it 8
inspected at a stated reasonable time and place. 9
(2) The requirement-- 10
(a) must be made by notice in the approved form; or 11
(b) if for any reason it is not practicable to give the notice, may be 12
made orally and confirmed by notice in the approved form as 13
soon as practicable. 14
(3) A person must comply with a requirement under subsection (1), 15
unless the person has a reasonable excuse. 16
Maximum penalty for subsection (3)--60 penalty units. 17
to prohibit use of vehicles 18
Power
57.(1) If a police officer reasonably suspects a vehicle is unsafe or 19
defective, the police officer may, by notice in the approved form, require its 20
owner not to use it, or permit it to be used, on a road until-- 21
(a) it is inspected at a stated reasonable place and found to comply 22
with the Road Use Management Act; or 23
(b) stated reasonable action is taken in relation to the vehicle to ensure 24
it complies with the Road Use Management Act. 25
26
Examples of action that may be reasonable under paragraph (b)--
27
1. The vehicle's load be adjusted or moved.
28
2. Stated repairs be carried out to the vehicle and the vehicle be inspected at a
29
stated place and found to comply with the Road Use Management Act.
s 57 61 s 57
Police Powers and Responsibilities
(2) Without limiting subsection (1), the police officer may issue a defect 1
notice for the vehicle or attach a defective vehicle label to the vehicle. 2
(3) A person must not contravene, or attempt to contravene, a 3
requirement under subsection (1), unless the person has a reasonable 4
excuse. 5
Maximum penalty-- 6
(a) for a private vehicle--60 penalty units; or 7
(b) for a heavy vehicle--120 penalty units. 8
(4) It is a reasonable excuse for subsection (3) if-- 9
(a) the vehicle's registration is cancelled and the person gives the 10
police officer who issued the defect notice written notice of that 11
fact within 7 days after the cancellation; or 12
(b) the vehicle is disposed of to a motor dealer and the person gives 13
the chief executive of the department within which the Road Use 14
Management Act is administered written notice of the name and 15
address of the motor dealer within 7 days after the disposal. 16
(5) If the driver to whom a defect notice is given is not the owner, the 17
driver must immediately give the defect notice to the owner, unless the 18
driver has a reasonable excuse. 19
Maximum penalty--30 penalty units. 20
(6) A person must not remove a defective vehicle label attached to a 21
vehicle from the vehicle, unless the person has a reasonable excuse. 22
Maximum penalty--30 penalty units. 23
(7) However, a police officer may remove the label if the police officer is 24
reasonably satisfied the vehicle is no longer defective. 25
(8) In this section-- 26
"defective vehicle label" has the meaning given under the Road Use 27
Management Act. 28
"defect notice" has the meaning given under the Road Use Management 29
Act. 30
"motor dealer" means a motor dealer under the Auctioneers and Agents 31
Act 1971. 32
s 58 62 s 59
Police Powers and Responsibilities
"owner", of a motor vehicle, has the meaning given under the Road Use 1
Management Act. 2
to prohibit persons driving 3
Power
58.(1) This section applies to the driver of a motor vehicle that is 4
stationary on a road or has been stopped under section 51. 5
(2) If a police officer reasonably suspects the driver would contravene the 6
Road Use Management Act by driving a vehicle, the officer may, by notice 7
in the approved form, require the driver not to drive a vehicle in 8
contravention of that Act. 9
(3) A person must not contravene, or attempt to contravene, a 10
requirement under subsection (2), unless the person has a reasonable 11
excuse. 12
Maximum penalty for subsection (3)-- 13
(a) for a private vehicle--60 penalty units; or 14
(b) for a heavy vehicle--120 penalty units. 15
to enable effective and safe exercise of other powers 16
Power
59.(1) A police officer may require the person in control of a vehicle to 17
give the officer reasonable help to enable the officer to effectively exercise a 18
power under this division in relation to the vehicle. 19
20
Examples of requirements for effectively exercising powers--
21
1. Requiring the vehicle to be held stationary on a weighing device to enable the
22
vehicle to be weighed.
23
2. Requiring the vehicle's bonnet to be opened to enable the engine to be
24
inspected.
(2) A police officer may require the person in control of a vehicle, or a 25
person who is in or has just left the vehicle, to do or not to do anything the 26
police officer reasonably believes is necessary-- 27
(a) to enable the police officer to safely exercise a power under a 28
transport Act in relation to the vehicle; or 29
(b) to preserve the safety of the police officer, the person or other 30
persons. 31
s 60 63 s 61
Police Powers and Responsibilities
1
Examples of safety requirements--
2
1. Requiring the persons in a vehicle to get out of the vehicle while the police
3
officer inspects the vehicle's undercarriage.
4
2. Requiring a person who has just left the vehicle to stand back from the road.
5
3. Requiring a person to remain in control of a vehicle for a reasonable time.
(3) A person must comply with a requirement under subsection (1) or 6
(2), unless the person has a reasonable excuse. 7
Maximum penalty for subsection (3)-- 8
(a) for a private vehicle--60 penalty units; or 9
(b) for a heavy vehicle--120 penalty units. 10
2--Removal powers 11
Division
of vehicles and animals from roads and other places 12
Removal
60.(1) A police officer may, in prescribed circumstances, seize and move 13
a vehicle or animal, or arrange for it to be moved, to another place for safe 14
keeping. 15
(2) In the prescribed circumstances mentioned in section 61(c), (d) or (e), 16
the police officer may instead move the vehicle or animal, or arrange for it 17
to be moved, to another place where it can be located by its driver. 18
(3) Subsections (1) and (2) do not prevent the person in control of the 19
vehicle or animal taking possession of it, with the consent of the police 20
officer, before or while it is being moved. 21
circumstances for removing vehicles and animals 22
Prescribed
61. The prescribed circumstances for removal of vehicles and animals are 23
as follows-- 24
(a) the person in control of a vehicle or animal has been arrested; 25
(b) a police officer reasonably suspects the person who was last in 26
control of a vehicle or animal has abandoned it; 27
(c) a police officer-- 28
s 62 64 s 62
Police Powers and Responsibilities
(i) reasonably suspects a vehicle or animal has been involved in 1
a relevant vehicle incident; and 2
(ii) reasonably believes it is necessary to detain the vehicle or 3
animal for completing inquiries and investigations into the 4
incident; 5
(d) a police officer reasonably suspects a vehicle or animal has been 6
left on a road unattended, temporarily or otherwise, and because 7
of the time for which it has been left unattended, the way it has 8
been left unattended, or the place, condition, or circumstances in 9
which it has been left unattended, its presence on the road-- 10
(i) may be dangerous to others; or 11
(ii) may prevent or hinder the lawful use by others of the road or 12
a part of the road; 13
(e) a police officer reasonably suspects a vehicle or animal has been 14
left in circumstances that are an offence against any of the 15
following Acts and the person in control of the vehicle or animal 16
can not be easily located or fails to comply with a direction of the 17
police officer to move the vehicle or animal immediately-- 18
· the Road Use Management Act 19
· the Brisbane Forest Park Act 1977 20
· the Recreation Areas Management Act 1988 21
· the Nature Conservation Act 1992; 22
(f) a police officer reasonably suspects-- 23
(i) a contravention of an Act has happened; and 24
(ii) the contravention involves an animal; and 25
(iii) it is necessary to take steps to protect the animal. 26
officer may authorise tow 27
Police
62.(1) This section applies if-- 28
(a) a police officer seizes a vehicle under this or another Act; or 29
s 63 65 s 64
Police Powers and Responsibilities
(b) the owner of a damaged vehicle, or the owner's agent, is away 1
from the vehicle or incapacitated. 2
(2) A police officer may sign a towing authority under the Tow Truck Act 3
1973 for the vehicle. 4
(3) The driver of a tow truck towing the vehicle under the towing 5
authority must tow the vehicle to-- 6
(a) the nearest holding yard available to the driver; or 7
(b) if directed by a police officer, the nearest police establishment or 8
other place directed by the police officer. 9
after seizing vehicle or animal 10
Steps
63.(1) As soon as practicable, but within 14 days after seizing and 11
moving a vehicle or animal under this division, the police officer who seized 12
it must give or arrange for another police officer to give to the owner, if 13
known, a notice stating how the owner may recover the vehicle or animal. 14
(2) If practicable, the notice must be given to the owner personally. 15
(3) If it is not practicable to comply with subsection (2), the notice may 16
be given by advertisement in a newspaper circulating generally in the 17
locality in which the vehicle or animal was found. 18
(4) A requirement under this Act to return the vehicle or animal applies 19
subject to section 64. 20
of seized vehicle or animal 21
Recovery
64.(1) If, within 1 month after notice of the seizure of a vehicle or animal 22
under this division is given, the owner does not recover the vehicle or 23
animal, the commissioner may sell the vehicle or animal by public auction 24
or dispose of it in the way the commissioner considers appropriate. 25
(2) Notice of the proposed sale must be given by advertisement in a 26
newspaper circulating in the locality where the vehicle or animal was found. 27
s 65 66 s 66
Police Powers and Responsibilities
of proceeds of sale 1
Application
65.(1) The proceeds of the sale of a vehicle or animal under section 64 2
must be applied in the following order-- 3
(a) in payment of the expenses of the sale; 4
(b) in payment of the cost of seizing and keeping the vehicle or 5
animal and giving notice of its seizure; 6
(c) in payment of any balance to the owner. 7
(2) Compensation is not recoverable against the State for a payment 8
under this section. 9
3--Other provisions about animals 10
Division
in relation to offences involving animals 11
Power
66.(1) This section applies if a police officer reasonably suspects an 12
offence involving an animal has been, is being or is about to be committed 13
at or involving a place. 14
(2) The police officer may enter the place and do any of the following-- 15
(a) search for and inspect-- 16
(i) any animal; or 17
(ii) any brand, mark, branding instrument, pliers or other device 18
used to identify an animal; 19
(b) open anything in the relevant place that is locked; 20
(c) seize anything the officer reasonably suspects is evidence of the 21
commission of an offence involving an animal; 22
(d) muster, yard, detain, clip or otherwise deal with the animal. 23
(3) Also, the police officer may, for exercising powers under 24
subsection (2), stop-- 25
(a) travelling livestock; and 26
(b) a vehicle apparently being used to transport animals; and 27
s 67 67 s 68
Police Powers and Responsibilities
(c) a vehicle apparently being used by someone accompanying the 1
animals. 2
(4) In this section-- 3
"animal" includes livestock. 4
to interfere with seized animals 5
Offence
67.(1) This section applies if an animal is seized under this Act. 6
(2) A person, other than a police officer or a person authorised by a 7
police officer for the purpose, must not-- 8
(a) interfere with the animal; or 9
(b) enter or be on the place where the animal is being kept; or 10
(c) move the animal from where it is being kept; or 11
(d) attempt to do anything mentioned in paragraph (a), (b) or (c); or 12
(e) have the animal in the person's possession or under the person's 13
control. 14
Maximum penalty--20 penalty units or 6 months imprisonment. 15
CHAPTER 3--SEARCH WARRANTS, OBTAINING 16
DOCUMENTS, AND CRIME SCENES 17
PART 1--SEARCHING PLACES WITH WARRANTS 18
warrant application 19
Search
68.(1) A police officer may apply for a warrant to enter and search a 20
place ("search warrant") to obtain evidence of the commission of an 21
offence. 22
s 68 68 s 68
Police Powers and Responsibilities
(2) The application may be made to any justice, unless the application 1
must be made to a magistrate or Supreme Court judge under subsection (3) 2
or (4). 3
(3) Unless the application must be made to a Supreme Court judge under 4
subsection (4), the application must be made to a magistrate if the thing to 5
be sought under the proposed warrant is-- 6
(a) evidence of the commission of an offence only because-- 7
(i) it is a thing that may be liable to forfeiture or is forfeited; or 8
(ii) it may be used in evidence for a forfeiture proceeding; or 9
(iii) it is a property-tracking document; or 10
(b) evidence of the commission of an indictable offence committed in 11
another State that, if it were committed in Queensland, would be 12
an indictable offence in Queensland. 13
14
Example for paragraph (a)(ii)--
15
The search may be for evidence for which an application for a restraining order
16
may be made under the Crimes (Confiscation) Act 1989, section 40.
(4) The application must be made to a Supreme Court judge if, when 17
entering and searching the place, it is intended to do anything that may cause 18
structural damage to a building. 19
(5) An application under this section must-- 20
(a) be sworn and state the grounds on which the warrant is sought; 21
and 22
(b) include information required under the responsibilities code about 23
any search warrants issued within the previous year in relation to 24
the place or a person suspected of being involved in the 25
commission of the offence or suspected offence to which the 26
application relates. 27
(6) Subsection (5)(b) applies only to-- 28
(a) information kept in a register that the police officer may inspect; 29
and 30
(b) information the officer otherwise actually knows. 31
s 69 69 s 72
Police Powers and Responsibilities
(7) The justice, magistrate or judge (the "issuer") may refuse to consider 1
the application until the police officer gives the issuer all the information the 2
issuer requires about the application in the way the issuer requires. 3
4
Example--
5
The issuer may require additional information supporting the application to be
6
given by statutory declaration.
of search warrant 7
Issue
69. The issuer may issue a search warrant only if satisfied there are 8
reasonable grounds for suspecting evidence of the commission of an 9
offence-- 10
(a) is at the place; or 11
(b) is likely to be taken to the place within the next 72 hours. 12
justice refuses application for search warrant 13
If
70.(1) If a justice refuses to issue a warrant, the police officer may apply 14
to a magistrate or a judge for the issue of the warrant. 15
(2) However, the police officer must tell the magistrate or judge that the 16
application is made because a justice refused to issue a warrant. 17
(3) Subsection (1) does not apply if the justice who refuses the warrant is 18
or has been a Supreme Court judge, a District Court judge or a magistrate. 19
in search warrants about documents 20
Order
71. If the issuer is a magistrate, the issuer may, in a search warrant, order 21
the person in possession of documents at the place to give to the police 22
officer all documents of a type stated in the warrant. 23
search warrant ends 24
When
72.(1) A search warrant issued because there are reasonable grounds for 25
suspecting there is evidence of the commission of an offence at a place ends 26
7 days after it is issued. 27
s 73 70 s 74
Police Powers and Responsibilities
(2) A search warrant issued because there are reasonable grounds for 1
suspecting evidence of the commission of an offence is likely to be taken to 2
a place within the next 72 hours ends 72 hours after it is issued. 3
search warrant must state 4
What
73.(1) A search warrant must state-- 5
(a) that a police officer may enter the place and exercise search 6
warrant powers at the place; and 7
(b) if the warrant is issued in relation to-- 8
(i) an offence--brief particulars of the offence for which the 9
warrant is issued; or 10
(ii) a forfeiture proceeding--the Act under which the forfeiture 11
proceeding is authorised; and 12
(c) any evidence that may be seized under the warrant; and 13
(d) if the warrant is to be executed at night, the hours when the place 14
may be entered; and 15
(e) the day and time the warrant ends. 16
(2) If the offence has been, is being, or may be committed in, on or in 17
relation to a transport vehicle and involves the safety of the vehicle or 18
anyone who may be in or on it, the warrant may also state that a police 19
officer may search anyone or anything in or on or about to board, or to be 20
put in or on, the vehicle. 21
(3) If a magistrate makes an order under section 71, the warrant must 22
also state that failure, without reasonable excuse, to comply with the order 23
may be dealt with under the Criminal Code, section 205.20 24
under search warrants 25
Power
74.(1) A police officer has the following powers under a search warrant 26
("search warrant powers")-- 27
20 Criminal Code, section 205 (Disobedience to lawful order issued by statutory
authority)
s 74 71 s 74
Police Powers and Responsibilities
(a) power to enter the place stated in the warrant (the "relevant 1
place") and to stay on it for the time reasonably necessary to 2
exercise powers authorised under the warrant and this section; 3
(b) power to pass over, through, along or under another place to enter 4
the relevant place; 5
(c) power to search the relevant place for anything sought under the 6
warrant; 7
(d) power to open anything in the relevant place that is locked; 8
(e) power to detain anyone at the relevant place for the time 9
reasonably necessary to find out if the person has anything sought 10
under the warrant; 11
(f) if the police officer reasonably suspects a person on the relevant 12
place has been involved in the commission of the offence, power 13
to detain the person for the time taken to search the place; 14
(g) power to dig up land; 15
(h) power to seize a thing found at the relevant place, or on a person 16
found at the relevant place, that the police officer reasonably 17
suspects may be evidence of the commission of an offence to 18
which the warrant relates; 19
(i) power to muster, hold and inspect any animal the police officer 20
reasonably suspects may provide evidence of the commission of 21
an offence to which the warrant relates; 22
(j) power to photograph anything the police officer reasonably 23
suspects may provide evidence of the commission of an offence 24
to which the warrant relates; 25
(k) power to remove wall or ceiling linings or floors of a building, or 26
panels of a vehicle, to search for evidence of the commission of 27
an offence. 28
(2) Also, a police officer has the following powers if authorised under a 29
search warrant (also "search warrant powers")-- 30
(a) power to search anyone found at the relevant place for anything 31
sought under the warrant that can be concealed on the person; 32
(b) power to do whichever of the following is authorised-- 33
s 75 72 s 75
Police Powers and Responsibilities
(i) to search anyone or anything in or on or about to board, or 1
be put in or on, a transport vehicle; 2
(ii) to take a vehicle to, and search for evidence of the 3
commission of an offence that may be concealed in a vehicle 4
at, a place with appropriate facilities for searching the vehicle. 5
(3) Power to do anything at the relevant place that may cause structural 6
damage to a building, may be exercised only if the warrant-- 7
(a) authorises the exercise of the power; and 8
(b) is issued by a Supreme Court judge. 9
of search warrant to be given to occupier 10
Copy
75.(1) If a police officer executes a search warrant for a place that is 11
occupied, the police officer must-- 12
(a) if the occupier is present at the place--give to the occupier a copy 13
of the warrant and a statement in the approved form summarising 14
the person's rights and obligations under the warrant; or 15
(b) if the occupier is not present--leave the copy in a conspicuous 16
place. 17
(2) If the police officer reasonably suspects giving the person the copy 18
may frustrate or otherwise hinder the investigation or another investigation, 19
the police officer may delay complying with subsection (1), but only for so 20
long as-- 21
(a) the police officer continues to have the reasonable suspicion; and 22
(b) that police officer or another police officer involved in the 23
investigation remains in the vicinity of the place to keep the place 24
under observation. 25
s 76 73 s 77
Police Powers and Responsibilities
PART 2--SEARCH OF PLACE TO PREVENT LOSS 1
OF EVIDENCE 2
of pt 2 3
Application
76. This part applies only in relation to the following offences (a "part 2 4
offence")-- 5
(a) an indictable offence; 6
(b) an offence involving gaming or betting; 7
(c) an offence against any of the following Acts-- 8
· Crimes (Confiscation) Act 1989 9
· Explosives Act 1999 10
· Nature Conservation Act 1992 11
· Weapons Act 1990. 12
to prevent loss of evidence 13
Search
77.(1) This section applies if a police officer reasonably suspects-- 14
(a) a thing at or about a place, or in the possession of a person at or 15
about a place is evidence of the commission of a part 2 offence; 16
and 17
(b) the evidence may be concealed or destroyed unless the place is 18
immediately entered and searched. 19
(2) This section also applies if a police officer reasonably suspects a part 20
2 offence has been, is being, or may be committed in, on or in relation to a 21
transport vehicle and involves the safety of the vehicle or anyone who may 22
be in or on it. 23
(3) A police officer may enter the place and exercise search warrant 24
powers, other than power to do something that may cause structural damage 25
to a building, at the place as if they were conferred under a search warrant. 26
s 78 74 s 79
Police Powers and Responsibilities
approval 1
Post-search
78.(1) As soon as reasonably practicable after exercising powers under 2
section 77, the police officer must apply to a magistrate in writing for an 3
order approving the search ("post-search approval order"). 4
(2) The application must be sworn and state the grounds on which it is 5
sought. 6
(3) The applicant need not appear at the consideration of the application, 7
unless the magistrate otherwise requires. 8
(4) The magistrate may refuse to consider the application until the police 9
officer gives the magistrate all the information the magistrate requires about 10
the application in the way the magistrate requires. 11
12
Example--
13
The magistrate may require additional information supporting the application to be
14
given by statutory declaration.
of post-search approval order 15
Making
79.(1) The magistrate may make a post-search approval order only if 16
satisfied-- 17
(a) in the circumstances existing before the search-- 18
(i) the police officer, before exercising the powers, had a 19
reasonable suspicion for exercising the powers; and 20
(ii) there was a reasonable likelihood that the evidence would be 21
concealed or destroyed or may have caused injury to a 22
person; or 23
(b) having regard to the nature of the evidence found during the 24
search it is in the public interest to make the order. 25
(2) The magistrate may also make an order under section 315, 21 whether 26
or not a post-search approval order is made. 27
21 Section 315 (Order issuer may make in relation to seized thing)
s 80 75 s 81
Police Powers and Responsibilities
1
Appeal
80.(1) Within 28 days after either of the following happens, the 2
commissioner may appeal against the order to the Supreme Court-- 3
(a) a magistrate refuses to make a post-search approval order; 4
(b) a magistrate makes an order under section 79(2). 5
(2) If the police officer appeals, the police officer must retain the thing 6
seized until the appeal is decided. 7
(3) The court may make an order under section 315 whether or not the 8
appeal is upheld. 9
PART 3--CRIME SCENES 10
Division 1--Establishment of crime scenes 11
access to crime scenes 12
Gaining
81.(1) It is lawful for a police officer-- 13
(a) to enter a place to reach another place that the police officer 14
reasonably suspects is a crime scene; and 15
(b) to enter a place that the police officer reasonably suspects is a 16
crime scene and stay on the place for the time reasonably 17
necessary to decide whether or not to establish a crime scene. 18
(2) What is a reasonable time for subsection (1)(b) will depend on the 19
particular circumstances including-- 20
(a) the nature of any information obtained or any observation made 21
that suggests the place is a crime scene; and 22
(b) visible evidence that will help decide whether it is a primary or 23
secondary crime scene; and 24
(c) any preliminary inspection of the place. 25
s 82 76 s 83
Police Powers and Responsibilities
establishment of crime scene 1
Initial
82.(1) If a police officer enters a place that may be a crime scene, or is 2
lawfully at a place, and decides the place is a crime scene, the police officer 3
(the "responsible officer") may establish a crime scene and exercise crime 4
scene powers at the place.22 5
(2) If another police officer assumes control of the crime scene, that 6
police officer becomes the responsible officer instead of the other officer. 7
(3) The responsible officer may establish the crime scene in any way that 8
gives anyone wanting to enter the place enough notice that the place is a 9
crime scene. 10
11
Examples--
12
1. A police officer may stand at a door to stop people entering a building and tell
13
them they can not enter the building.
14
2. A police officer may put around a place barricades or tapes indicating the place
15
is a crime scene.
16
3. A police officer may display a written notice stating the place is a crime scene
17
and unauthorised entry is prohibited.
after establishing crime scene 18
Responsibility
83.(1) As soon as reasonably practicable after the responsible officer 19
establishes the crime scene, a police officer must apply to a Supreme Court 20
judge or magistrate for a crime scene warrant.23 21
(2) Subsection (1) does not apply if the place is a public place. 22
(3) However, if the place is a public place only while it is ordinarily open 23
to the public and the occupier of the place requires a police officer at the 24
place to leave the place, the police officer may apply under division 2 for a 25
crime scene warrant. 26
(4) The application must be made to a Supreme Court judge for a crime 27
scene warrant if it is intended to do something that may cause structural 28
damage to a building, the thing must not be done. 29
22 For crime scene powers, see division 3.
23 For provisions about crime scene warrants, see division 2.
s 84 77 s 85
Police Powers and Responsibilities
(5) Subsection (4) applies whether or not a magistrate has issued a crime 1
scene warrant for the place. 2
(6) If a judge or magistrate refuses to issue a crime scene warrant for the 3
place, the place stops being a crime scene. 4
limits of crime scene 5
Deciding
84. The responsible officer at a crime scene must-- 6
(a) identify what is the crime scene; and 7
(b) decide the boundaries necessary to protect the crime scene; and 8
(c) mark the limits of the crime scene in a way that sufficiently 9
identifies it to the public as a crime scene. 10
11
Example for paragraph (b)--
12
It may be necessary to establish a buffer zone around the crime scene.
access to crime scene 13
Restricting
85.(1) The responsible officer must immediately take the steps he or she 14
considers to be reasonably necessary to protect anything at the crime scene 15
from being damaged, interfered with or destroyed, including for example, 16
steps necessary-- 17
(a) to ensure people, including police officers, whose presence at the 18
crime scene is not essential do not enter the crime scene; and 19
(b) to prevent unnecessary movement inside the boundaries of the 20
crime scene; and 21
(c) to establish a safe walking area in the crime scene for reducing the 22
risk of damage to any evidence that may be on the place. 23
(2) Also, a person, other than the responsible officer, must not enter a 24
crime scene unless-- 25
(a) the person has a special reason, associated with the investigation, 26
for entering the crime scene; or 27
(b) the person is a police officer who is asked to enter the crime scene 28
by the responsible officer or an investigating police officer; or 29
s 86 78 s 86
Police Powers and Responsibilities
(c) the person is an authorised assistant; or 1
(d) the presence of the person is necessary to preserve life or property 2
at a crime scene; or 3
(e) the person is authorised to enter by the responsible officer. 4
5
Examples for subsection (2)(a)--
6
1. A police officer removing someone from the crime scene who should not be
7
there.
8
2. A police officer investigating the offence.
9
3. A person accompanying a police officer to assist in the investigation or who has
10
special knowledge of the place that is relevant to the investigation.
(3) For subsection (2)(e), the responsible officer may authorise the entry 11
subject to stated requirements. 12
(4) The responsible officer must ensure a record is made of the name of 13
each person who is present when the crime scene is established or enters it 14
after it is established, when each person entered the place after it is 15
established, and the purpose of the entry. 16
evidence at crime scene 17
Preserving
86. The responsible officer at a crime scene must ensure that nothing in 18
the crime scene is unnecessarily touched or moved-- 19
(a) until all necessary forensic and technical examinations are 20
finished; or 21
(b) unless there is a possibility that the thing could be damaged, 22
interfered with or destroyed if it is not moved. 23
24
Examples of when evidence may be damaged or destroyed if a thing is not moved--
25
1. If the arrival of the investigator, or an authorised assistant or specialist officer
26
will be delayed and the scene is exposed to the weather.
27
2. If falling or threatened rain may damage fingerprints that may be on a knife left
28
on the ground.
s 87 79 s 88
Police Powers and Responsibilities
2--Crime scene warrants 1
Division
for crime scene warrant 2
Application
87.(1) A police officer may apply to a Supreme Court judge or a 3
magistrate for a warrant (a "crime scene warrant") to establish a crime 4
scene at a place. 5
(2) The application must be sworn and state the grounds on which it is 6
sought. 7
(3) The occupier of the place must, if reasonably practicable, be given 8
notice of the making of the application. 9
(4) Subsection (3) does not apply if the police officer reasonably suspects 10
giving the notice would frustrate or otherwise hinder the investigation of the 11
offence to which the application relates. 12
(5) If present when the application is made, the occupier may make 13
submissions to the judge or magistrate (the "issuer"), but not submissions 14
that will unduly delay the consideration of the application. 15
(6) The issuer may refuse to consider the application until the police 16
officer gives the issuer all the information the issuer requires about the 17
application in the way the issuer requires. 18
19
Example--
20
The issuer may require additional information supporting the application to be
21
given by statutory declaration.
of application and issue of crime scene warrant 22
Consideration
88.(1) Before issuing a crime scene warrant, the issuer must have regard 23
to the following-- 24
(a) the nature and seriousness of the suspected offence; 25
(b) the likely extent of interference to be caused to the occupier of the 26
place; 27
(c) the time, of not more than 7 days, for which it is reasonable to 28
maintain a crime scene; 29
(d) any submissions made by the occupier. 30
s 89 80 s 91
Police Powers and Responsibilities
(2) The issuer may issue a crime scene warrant only if reasonably 1
satisfied the place is a crime scene. 2
(3) If before the application is considered, the place stops being a crime 3
scene, the issuer may issue a crime scene warrant that has effect only for the 4
time the place was a crime scene. 5
crime scene warrant must state 6
What
89.(1) A crime scene warrant must state-- 7
(a) that a stated police officer may establish a crime scene at the place 8
and exercise crime scene powers at the place; and 9
(b) the day, not more than 7 days after the warrant is issued, the 10
warrant ends, unless extended under section 90(2). 11
(2) If the issuer is a Supreme Court judge, the warrant must state whether 12
or not a police officer may, under the warrant, do something that may cause 13
structural damage to a building. 14
extension and review of crime scene warrant 15
Duration,
90.(1) A crime scene warrant stops having effect on the day fixed under 16
the warrant or a later time fixed under subsection (2). 17
(2) The issuer may, on the application of a police officer made before a 18
crime scene warrant stops having effect, extend the warrant for a stated 19
reasonable time of not more than 7 days. 20
of crime scene warrant 21
Review
91.(1) If an application for a crime scene warrant was made in the 22
absence, and without the knowledge, of the occupier of the place or the 23
occupier had a genuine reason for not being present, the occupier may apply 24
to the issuer for an order revoking the warrant. 25
(2) The issuer may revoke or refuse to revoke the warrant. 26
(3) The making of an application under subsection (1) or the Judicial 27
Review Act 1991 for review of the warrant's issue does not stay the effect of 28
the warrant. 29
s 92 81 s 93
Police Powers and Responsibilities
of crime scene warrant to be given to occupier 1
Copy
92.(1) If a police officer exercises powers under a crime scene warrant 2
for a place that is occupied, the police officer must give to the occupier a 3
copy of the warrant and a statement in the approved form summarising the 4
person's rights and obligations under the warrant. 5
(2) If the occupier is not present, the police officer must leave the copy in 6
a conspicuous place. 7
3--Powers at crime scenes 8
Division
at crime scene 9
Powers
93.(1) The responsible officer at a crime scene, or a police officer acting 10
under the direction of the responsible officer, may do any of the following 11
in relation to the crime scene-- 12
(a) enter the crime scene; 13
(b) if reasonably necessary, enter another place to gain access to the 14
crime scene; 15
(c) perform any necessary investigation, including, for example, a 16
search and inspection of the crime scene and anything in it to 17
obtain evidence of the commission of an offence; 18
(d) open anything at the crime scene that is locked; 19
(e) take electricity for use at the crime scene; 20
(f) dig up anything at the crime scene; 21
(g) remove wall or ceiling linings or floors of a building, or panels or 22
fittings of a vehicle; 23
(h) remove or cause to be removed an obstruction from the crime 24
scene; 25
(i) photograph the crime scene and anything in it; 26
(j) seize all or part of a thing that may provide evidence of the 27
commission of an offence. 28
s 94 82 s 94
Police Powers and Responsibilities
1
Example for paragraph (j)--
2
It may be necessary to seize and remove a vehicle for scientific examination to
3
obtain evidence that may be in the vehicle.
(2) However, if it is necessary to do anything at the place that may cause 4
structural damage to a building, the thing must not be done unless a 5
Supreme Court judge issues a crime scene warrant for the place before the 6
thing is done and the warrant authorises the doing of the thing. 7
(3) An authorised assistant at a crime scene may also do a thing 8
mentioned in subsection (1). 9
(4) However, the authorised assistant may do either of the following only 10
if asked by a responsible officer to do something at the crime scene-- 11
(a) enter the crime scene; 12
(b) if reasonably necessary, enter another place to gain access to the 13
crime scene. 14
of direction etc. at crime scene 15
Powers
94. The responsible officer or a police officer acting under the direction of 16
the responsible officer may, at a crime scene, do any of the following-- 17
(a) direct a person to leave the crime scene or remove a vehicle or 18
animal from the crime scene; 19
(b) remove or cause to be removed from the crime scene-- 20
(i) a person who fails to comply with a direction to leave the 21
crime scene; or 22
(ii) a vehicle or animal a person fails to remove from the crime 23
scene; 24
(c) direct a person not to enter the crime scene; 25
(d) prevent a person from entering the crime scene; 26
(e) prevent a person from removing evidence from or otherwise 27
interfering with the crime scene or anything in it and, for that 28
purpose, detain and search the person; 29
s 95 83 s 96
Police Powers and Responsibilities
(f) direct the occupier of the place or a person apparently in charge of 1
the place to maintain a continuous supply of electricity at the 2
place. 3
of crime scene powers in public place 4
Exercise
95.(1) It is lawful for a police officer to exercise powers under 5
sections 93 and 94 at a public place without a crime scene warrant. 6
(2) However, if-- 7
(a) the place is a public place only while it is ordinarily open to the 8
public; and 9
(b) the occupier of the place asks a police officer or an authorised 10
assistant to leave the place; 11
the police officer or authorised assistant may, despite the request, continue 12
to act under subsection (1) for the time reasonably necessary for an 13
application for a crime scene warrant for the place to be made and decided. 14
(3) An authorised assistant at a crime scene may also do a thing 15
mentioned in section 93(1). 16
(4) However, the authorised assistant may do either of the following only 17
if asked by a responsible officer to do something at the crime scene-- 18
(a) enter the crime scene; 19
(b) if reasonable necessary, enter another place to gain access to the 20
crime scene. 21
Division 4--General 22
accommodation to be provided in some cases 23
Alternative
96.(1) This section applies to the occupier of a dwelling if-- 24
(a) the occupier can not continue to live in the dwelling while the 25
crime scene is established because of a direction given at a crime 26
scene; or 27
s 97 84 s 97
Police Powers and Responsibilities
(b) the occupier can not continue to live in the dwelling because of 1
damage caused to the dwelling in the exercise of powers under 2
this part. 3
(2) The commissioner must, if the occupier asks, arrange suitable 4
alternative accommodation for the occupier for the time the occupier can not 5
live in the dwelling. 6
(3) The accommodation must, if reasonably practicable, be in the same 7
locality as, and of at least a similar standard to, the occupier's dwelling. 8
(4) This section does not apply to an occupier who is detained in lawful 9
custody. 10
PART 4--PRODUCTION NOTICES 11
notices 12
Production
97.(1) This section applies if a police officer reasonably suspects a cash 13
dealer holds documents that may be evidence of the commission of an 14
offence by someone else. 15
(2) The police officer may, instead of applying for a search warrant, 16
apply to a magistrate for the issue of a notice ("production notice") 17
requiring the cash dealer to produce documents stated in the production 18
notice to a police officer. 19
(3) The application must-- 20
(a) be sworn and state the grounds on which the production notice is 21
sought; and 22
(b) include information required under the responsibilities code about 23
any production notices issued within the previous year in relation 24
to the person suspected of being involved in the commission of 25
the offence or suspected offence to which the application relates. 26
(4) Subsection (3)(b) applies only to-- 27
(a) information kept in a register that the police officer may inspect; 28
and 29
s 98 85 s 100
Police Powers and Responsibilities
(b) information the police officer otherwise actually knows. 1
(5) The magistrate may refuse to consider the application until the police 2
officer gives the magistrate all the information the magistrate requires about 3
the application in the way the magistrate requires. 4
5
Example--
6
The magistrate may require additional information supporting the application to be
7
given by statutory declaration.
of production notice 8
Issue
98.(1) The magistrate may issue a production notice only if satisfied there 9
are reasonable grounds for suspecting-- 10
(a) documents the cash dealer holds may be evidence of the 11
commission of an offence; and 12
(b) the cash dealer is not a party to the offence. 13
(2) The magistrate may, in the production notice, require the documents 14
to be produced to a police officer within a stated time and at a stated place. 15
of production notice to be given to cash dealer 16
Copy
99. A police officer must give a copy of a production notice to the cash 17
dealer named in the notice as soon as reasonably practicable after it is 18
issued. 19
requirements--production notice 20
Procedural
100.(1) A cash dealer given a production notice must comply with the 21
notice. 22
(2) The cash dealer is not subject to any liability for complying with, or 23
producing something in the honest belief that the dealer was complying 24
with, a production notice. 25
(3) It is not an offence to fail to comply with a production notice. 26
s 101 86 s 102
Police Powers and Responsibilities
under production notice 1
Power
101.(1) A police officer has the following powers in relation to a 2
document produced under a production notice-- 3
(a) power to inspect the document; 4
(b) power to take extracts from the document; 5
(c) power to make copies of the document; 6
(d) power to seize the document if the officer reasonably suspects it is 7
evidence of the commission of an offence. 8
(2) Subsection (1) applies subject to section 102. 9
cash dealer claims documents contain privileged communications 10
If
102.(1) If, under a production notice, a cash dealer produces a document 11
the cash dealer claims contains privileged communications between the cash 12
dealer and someone else, the police officer receiving the document-- 13
(a) must as soon as reasonably practicable apply to a magistrate for 14
an order for access to the document ("access order"); and 15
(b) may retain the document, but must not inspect it until the 16
application is decided. 17
(2) Before making the application, the police officer must ask for whom 18
and on what ground the claim is made and record the answers given. 19
(3) Also, the police officer must-- 20
(a) place the document in a container or envelope; and 21
(b) seal the container or envelope; and 22
(c) sign the seal on the container or envelope; and 23
(d) ask the person producing the document for the cash dealer to sign 24
the seal; and 25
(e) tell the person producing the document for the cash dealer the 26
document will be retained and an application will be made for an 27
order for access to the document. 28
s 103 87 s 105
Police Powers and Responsibilities
of access order 1
Making
103.(1) A magistrate, or a justice authorised in writing by the magistrate, 2
may make an access order for a document a cash dealer claims contains 3
privileged communications between the cash dealer and someone else only 4
if reasonably satisfied that in the particular circumstances the police officer 5
should be allowed access to the document. 6
(2) If the magistrate or justice refuses to make the access order, the 7
magistrate or justice may order that the document be returned to the cash 8
dealer as soon as reasonably practicable. 9
about access order 10
Provisions
104.(1) An access order may state that a police officer may, in relation to 11
documents to which it relates-- 12
(a) exercise the powers in section 101; or 13
(b) copy the document and return the original document to the cash 14
dealer. 15
(2) An access order that authorises copying of a document and its return 16
to a cash dealer may order that the document be again produced to a court 17
hearing a proceeding for an offence for which the document is to be used as 18
evidence, if a police officer asks. 19
(3) If an access order authorises the copying of a document that is in 20
electronic form, the order authorises the police officer to produce a hard- 21
copy of the information contained in the document. 22
ART 5--PRODUCTION ORDERS 23
P
of pt 5 24
Application
105.(1) This part applies to-- 25
(a) a serious offence within the meaning of the Confiscation Act; and 26
(b) an interstate serious offence within the meaning of the 27
Confiscation Act. 28
s 106 88 s 106
Police Powers and Responsibilities
(2) For this part, the question whether a person has been charged with or 1
found guilty of an interstate serious offence is to be decided in accordance 2
with the law of the State in which the person is charged or found guilty. 3
order applications 4
Production
106.(1) This section applies if a police officer reasonably suspects a 5
person possesses a document that may be a property tracking document 6
relating to either of the following-- 7
(a) a serious offence of which a person has been found guilty; 8
(b) a serious offence a police officer reasonably suspects a person has 9
committed. 10
(2) A police officer may apply to a Supreme Court judge for an order 11
("production order") requiring a person named in the application to 12
produce the document to a police officer. 13
(3) The application must-- 14
(a) be sworn and state the grounds on which the production order is 15
sought; and 16
(b) include information specified in the responsibilities code about 17
any production orders issued within the previous year in relation 18
to the named person. 19
(4) Subsection (3)(b) applies only to-- 20
(a) information kept in a register that the police officer may inspect; 21
and 22
(b) information the police officer otherwise actually knows. 23
(5) The judge may refuse to consider the application until the police 24
officer gives the judge all the information the judge requires about the 25
application in the way the judge requires. 26
27
Example--
28
The judge may require additional information supporting the application to be
29
given by statutory declaration.
s 107 89 s 108
Police Powers and Responsibilities
of production orders 1
Making
107.(1) The Supreme Court judge may make a production order only if 2
satisfied there are reasonable grounds for suspecting the person possesses a 3
document that may be a property tracking document relating to the serious 4
offence mentioned in the application. 5
(2) If the application includes information that the police officer 6
reasonably suspects that-- 7
(a) the person who was found guilty of the offence, or who is 8
believed to have committed the offence, derived a benefit from the 9
commission of the offence; and 10
(b) property specified in the information is subject to the effective 11
control of the person; 12
the judge may treat any document relevant to identifying, locating or 13
quantifying that property as a property-tracking document in relation to the 14
offence for this section. 15
(3) In deciding whether to treat a document as a property-tracking 16
document in relation to an offence, the judge may have regard to the matters 17
mentioned in the Confiscation Act, section 37.24 18
production order must state 19
What
108.(1) The production order must-- 20
(a) order a stated person-- 21
(i) to produce to a police officer any documents, other than a 22
financial institution's books, of the kind mentioned in section 23
106(1) that are in the person's possession; or 24
(ii) to make available to a police officer, for inspection, any 25
documents of that kind that are in the person's possession; 26
and 27
(b) state when and the place where-- 28
(i) documents that must be produced are to be produced; or 29
24 Crimes (Confiscation) Act 1989, section 37 (Assessment of benefits)
s 109 90 s 111
Police Powers and Responsibilities
(ii) documents that must be made available for inspection are to 1
be made available; and 2
(c) state that a police officer may enter the place and exercise the 3
powers under section 109. 4
(2) In this section-- 5
"financial institution's books" means accounting records used in the 6
ordinary business of a financial institution, including ledgers, 7
daybooks, cashbooks and account books. 8
under production order 9
Powers
109. A police officer has the following powers in relation to a document 10
produced or made available under the production order-- 11
(a) power to inspect the document; 12
(b) power to take extracts from the document; 13
(c) power to make copies of the document; 14
(d) power to seize the document if the officer reasonably suspects it is 15
evidence of the commission of an offence. 16
of production order 17
Variation
110.(1) If a Supreme Court judge makes a production order requiring a 18
person to produce a document to a police officer, the person may apply to a 19
Supreme Court judge for a variation of the order. 20
(2) If the judge is satisfied the document is essential to the business 21
activities of the person, the judge may vary the production order so it 22
requires the person to make the document available to a police officer. 23
to contravene production order 24
Offence
111.(1) A person must not contravene a production order, unless the 25
person has a reasonable excuse. 26
(2) A person must not produce or make available a document under a 27
production order that the person knows is false or misleading in a material 28
particular without-- 29
s 112 91 s 112
Police Powers and Responsibilities
(a) indicating to the police officer to whom the document is produced 1
or made available how the document is false or misleading; and 2
(b) giving correct information to the police officer, if the person has, 3
or can reasonably obtain, the correct information. 4
(3) A person who contravenes subsection (1) or (2) commits a crime. 5
Maximum penalty--350 penalty units or 7 years imprisonment. 6
of compliance with production order 7
Effect
112.(1) A person is not excused from producing a document or making a 8
document available when required to do so by a production order on the 9
ground that-- 10
(a) producing or making the document available might tend to 11
incriminate the person or make the person liable to a penalty; or 12
(b) producing or making the document available would be in breach 13
of an obligation, whether imposed by any law or otherwise, of the 14
person not to disclose the existence or contents of the document. 15
(2) Subsection (3) applies if a person produces a document or makes a 16
document available under a production order. 17
(3) The following are not admissible against the person in any criminal 18
proceeding, other than a proceeding for an offence against section 111 in 19
relation to producing the document or making the document available-- 20
(a) the fact that the person produced the document; 21
(b) the fact that the person made the document available; 22
(c) any information, document or thing directly or indirectly obtained 23
because the document was produced or made available. 24
s 113 92 s 114
Police Powers and Responsibilities
PART 6--POWER TO SEIZE EVIDENCE AND 1
ABANDONED AND ILLEGALLY PLACED 2
PROPERTY 3
to seize evidence generally 4
Power
113.(1) This section applies if a police officer lawfully enters a place, or 5
is at a public place, and finds at the place a thing the officer reasonably 6
suspects is evidence of the commission of an offence. 7
(2) The police officer may seize the thing, whether or not as evidence 8
under a warrant and, if the police officer is acting under a warrant, whether 9
or not the offence is one in relation to which the warrant is issued. 10
(3) Also, the police officer may photograph the thing seized or the place 11
from which the thing was seized. 12
(4) The police officer may stay on the place and re-enter it for the time 13
reasonably necessary to remove the thing from the place. 14
to remove property unlawfully on a place 15
Power
114.(1) This section applies if a police officer lawfully enters a place or is 16
at a public place and finds on the place a thing the police officer reasonably 17
suspects is on the place in contravention of an Act. 18
(2) The police officer may seize the thing if the person in charge of the 19
thing can not immediately be found. 20
(3) Also, the police officer may seize the thing if the person in charge of 21
the thing can be found and the police officer reasonably suspects the person 22
is unwilling or unable to move the thing immediately. 23
(4) The police officer may take the thing to a place where the presence of 24
the thing does not contravene the relevant Act or another Act. 25
(5) This section does not apply to a vehicle or an animal. 26
s 115 93 s 116
Police Powers and Responsibilities
HAPTER 4--COVERT EVIDENCE GATHERING 1
C
POWERS 2
PART 1--MONITORING ORDERS 3
of "financial institution" for pt 1 4
Meaning
115. In this part-- 5
"financial institution" includes-- 6
(a) a corporation that is (or that, if it had been incorporated in 7
Australia, would be) a financial corporation within the meaning of 8
the Commonwealth Constitution, section 51(xx); and 9
(d) another entity that permits persons to deposit money with it for 10
use by, or at the direction of, the persons for gaming or betting. 11
order applications 12
Monitoring
116.(1) A police officer may apply to a Supreme Court judge for an 13
order ("monitoring order") directing a financial institution to give 14
information to a police officer about a named person. 15
(2) The application must-- 16
(a) be sworn and state the grounds on which the order is sought; and 17
(b) include information required under the responsibilities code about 18
any monitoring orders issued within the previous year in relation 19
to an account held with the financial institution by the named 20
person. 21
(3) Subsection (2)(b) applies only to-- 22
(a) information kept in a register that the police officer may inspect; 23
and 24
(b) information the police officer otherwise actually knows. 25
s 117 94 s 118
Police Powers and Responsibilities
(4) The judge may refuse to consider the application until the police 1
officer gives the judge all the information the judge requires about the 2
application in the way the judge requires. 3
4
Example--
5
The judge may require additional information supporting the application to be
6
given by statutory declaration.
of monitoring order 7
Making
117. The Supreme Court judge may make the monitoring order only if 8
satisfied there are reasonable grounds for suspecting that the person named 9
in the application-- 10
(a) has committed, or is about to commit, a serious offence; or 11
(b) was involved in the commission, or is about to be involved in the 12
commission, of a serious offence; or 13
(c) has benefited directly or indirectly, or is about to benefit directly 14
or indirectly, from the commission of a serious offence. 15
monitoring order must state 16
What
118.(1) The monitoring order must order a financial institution to give 17
information obtained by the institution about transactions conducted through 18
an account held by the named person with the institution and state-- 19
(a) the name or names in which the account is believed to be held; 20
and 21
(b) the type of information the institution is required to give; and 22
(c) the period, of not more than 3 months from the date of its 23
making, the order is in force; and 24
(d) that the order applies to transactions conducted during the period 25
stated in the order; and 26
(e) that the information is to be given to any police officer or to a 27
stated police officer and the way in which the information is to be 28
given. 29
s 119 95 s 121
Police Powers and Responsibilities
(2) In this section-- 1
"transaction conducted through an account" includes-- 2
(a) the making of a fixed term deposit; and 3
(b) in relation to a fixed term deposit--the transfer of the amount 4
deposited, or any part of it, at the end of the term. 5
period stated in monitoring order starts 6
When
119. A monitoring order has effect from the start of the day notice of the 7
order is given to the financial institution. 8
to contravene monitoring order 9
Offence
120. A financial institution that has been given notice of a monitoring 10
order must not knowingly-- 11
(a) contravene the order; or 12
(b) provide false or misleading information in purported compliance 13
with the order. 14
Maximum penalty--1 000 penalty units. 15
and operation of monitoring order not to be disclosed 16
Existence
121.(1) A financial institution that is or has been subject to a monitoring 17
order must not disclose the existence or the operation of the order to any 18
person other than-- 19
(a) a police officer; or 20
(b) an officer or agent of the institution ("an institution officer"), for 21
ensuring the order is complied with; or 22
(c) a lawyer, for obtaining legal advice or representation in relation to 23
the order. 24
(2) A person to whom the existence or operation of a monitoring order 25
has been disclosed, whether under subsection (1) or under the provision as 26
originally made or remade or otherwise, must not-- 27
s 121 96 s 121
Police Powers and Responsibilities
(a) while the person is a police officer, institution officer or lawyer, 1
disclose the existence or operation of the order other than to 2
another person to whom it may be disclosed under subsection (1) 3
but only for-- 4
(i) if the person is a police officer--performing the person's 5
duties; or 6
(ii) if the person is an institution officer--ensuring the order is 7
complied with or obtaining legal advice or representation in 8
relation to the order; or 9
(iii) if the person is a lawyer--giving legal advice or making 10
representations in relation to the order; or 11
(b) when the person is no longer a police officer, institution officer or 12
lawyer, make a record of, or disclose, the existence or the 13
operation of the order in any circumstances. 14
(3) Subsection (2) does not prevent a police officer disclosing the 15
existence or operation of a monitoring order-- 16
(a) for, or in relation to, a legal proceeding; or 17
(b) in a proceeding before a court. 18
(4) A police officer can not be required to disclose to any court the 19
existence or operation of a monitoring order. 20
(5) A person who contravenes subsection (1) or (2) commits a crime. 21
Maximum penalty--350 penalty units or 7 years imprisonment. 22
(6) For this section, a person must not be taken to be a director within the 23
meaning of the Crimes (Confiscation) Act 1989, section 4, definition 24
"director", paragraph (c) only because the directors act on advice given by 25
the person in the proper performance of the functions attaching to-- 26
(a) his or her professional capacity; or 27
(b) his or her business relationship with the directors of the financial 28
institution or the corporation. 29
(7) A reference in this section to disclosing the existence or operation of a 30
monitoring order to a person includes a reference to disclosing information 31
to the person from which the person could reasonably be expected to infer 32
the existence or operation of the monitoring order. 33
s 122 97 s 124
Police Powers and Responsibilities
(8) In this section-- 1
"agent" has the meaning given by the Crimes (Confiscation) Act 1989, 2
section 4. 3
"officer", of a financial institution, has the meaning given by the Crimes 4
(Confiscation) Act 1989, section 4. 5
ART 2--SURVEILLANCE POWERS 6
P
Division 1--Preliminary 7
Acts do not apply to this part 8
Certain
122. The Libraries and Archives Act 1988 and the Freedom of 9
Information Act 1992 do not apply to activities or records under this part. 10
acts not prevented by divs 23 11
Certain
123. Nothing in divisions 2 and 3 prevents a police officer from using a 12
visual surveillance device in a place where the presence of the police officer 13
does not constitute an offence. 14
15
Example--
16
The police officer may use a visual surveillance device to record activities in a
17
public place or, with the occupier's consent, install the device in a private place.
Division 2--Use of surveillance devices under warrant of Supreme 18
Court judge 19
warrant applications 20
Surveillance
124.(1) This section applies if a police officer reasonably believes a 21
person has been, is, or is likely to be, involved in the commission of an 22
indictable offence. 23
s 125 98 s 125
Police Powers and Responsibilities
(2) A police officer of at least the rank of inspector may apply to a 1
Supreme Court judge for a warrant ("surveillance warrant") authorising 2
the use of a class A or class B surveillance device or both. 3
(3) The police officer may apply for a surveillance warrant for a class A 4
surveillance device only if the offence is a serious indictable offence. 5
(4) The application must-- 6
(a) be sworn and state the grounds on which the warrant is sought; 7
and 8
(b) include information required under the responsibilities code about 9
any warrants issued within the previous year in relation to the 10
person or the place stated in the application. 11
(5) Subsection (4)(b) only applies to-- 12
(a) information kept in a register that the police officer may inspect; 13
and 14
(b) information the police officer otherwise actually knows. 15
(6) The applicant must advise the public interest monitor of the 16
application under arrangements decided by the monitor. 17
(7) The judge may refuse to consider the application until the applicant 18
gives the judge all the information the judge requires about the application in 19
the way the judge requires. 20
21
Example--
22
The judge may require additional information supporting the application to be
23
given by statutory declaration.
may be present at consideration of application for surveillance 24
Who
warrant 25
125.(1) The judge must hear an application for a surveillance warrant in 26
the absence of anyone other than the following-- 27
(a) the applicant; 28
(b) a monitor; 29
(c) someone the judge permits to be present; 30
(d) a lawyer representing anyone mentioned in paragraphs (a) to (c). 31
s 126 99 s 126
Police Powers and Responsibilities
(2) Also, the judge must hear the application-- 1
(a) in the absence of the person proposed to be placed under 2
surveillance (the "relevant person") or anyone likely to inform 3
the relevant person of the application; and 4
(b) without the relevant person having been informed of the 5
application. 6
of application for surveillance warrant 7
Consideration
126. Before deciding an application for a surveillance warrant, the judge 8
must, in particular, and being mindful of the highly intrusive nature of a 9
surveillance warrant, consider the following-- 10
(a) the nature and seriousness of the suspected offence; 11
(b) for a class A surveillance device, if the warrant is issued, the 12
likely extent of interference with the privacy of-- 13
(i) the relevant person; or 14
(ii) any other occupant of the place; 15
(c) the extent to which issuing the warrant would help prevent, detect 16
or provide evidence of the offence; 17
(d) the benefits derived from the issue of any previous surveillance 18
warrants in relation to the relevant person; 19
(e) the extent to which police officers investigating the offence have 20
used or can use conventional ways of investigation; 21
(f) how much the use of conventional ways of investigation would 22
be likely to help in the investigation of the offence; 23
(g) how much the use of conventional ways of investigation would 24
prejudice the investigation of the offence because of delay or for 25
another reason; 26
(h) any submissions made by a monitor. 27
s 127 100 s 128
Police Powers and Responsibilities
of surveillance warrant 1
Issue
127.(1) After considering the application, the judge may issue the warrant 2
for a period of not more than 30 days if satisfied there are reasonable 3
grounds for believing the relevant person-- 4
(a) has been, is, or is likely to be involved in the commission of an 5
indictable offence or, for a class A surveillance device, a serious 6
indictable offence; and 7
(b) is likely to be-- 8
(i) at a place, including a public place, mentioned in the 9
application; or 10
(ii) at a class of place mentioned in the application. 11
(2) The judge may issue a warrant for the use of a class A surveillance 12
device in the office of a practising lawyer only if the application for the 13
warrant relates to the lawyer's involvement in a serious indictable offence. 14
(3) The judge may impose any conditions on the warrant that the judge 15
considers are necessary in the public interest including, but not limited to-- 16
(a) a condition requiring regular reporting to a judge on activities 17
under the warrant; and 18
(b) a condition requiring that, if a listening device is to be used in a 19
public place or a class of place, the police officer, before installing 20
or using the device, must have a reasonable belief that the relevant 21
person is or will be in the place where the device is to be used. 22
23
Example for subsection 3(b)--
24
The warrant may be issued for any motel in a stated area because the police
25
officer may have a reasonable belief that the relevant person may be in a motel in
26
the area but not know in advance which one. The condition may be that the device
27
may only be installed if the police officer reasonably believes the person is likely to
28
be in the place.
surveillance warrant must state 29
What
128. The surveillance warrant must state the following-- 30
(a) that a police officer may exercise surveillance powers under the 31
warrant; 32
s 129 101 s 130
Police Powers and Responsibilities
(b) the name of the relevant person, if known; 1
(c) the place where the surveillance device authorised under the 2
warrant may be used; 3
(d) the type of surveillance device that may be used under the 4
warrant; 5
(e) for a visual surveillance device that is to be installed in a dwelling, 6
the parts of the dwelling in which the device may be installed; 7
(f) any conditions the judge imposes under section 127(3); 8
(g) the day and time the warrant starts and when the warrant ends. 9
on use of surveillance devices 10
Report
129.(1) This section applies if, because of a condition of a surveillance 11
warrant, a police officer gives to a judge a report on activities under the 12
warrant. 13
(2) The judge may, after considering the report, require the destruction of 14
any recording made that is not related to the offence mentioned in the 15
warrant, unless the recording relates to the investigation of another indictable 16
offence. 17
and extension of surveillance warrants 18
Duration
130.(1) A surveillance warrant is in force until the earlier of the 19
following-- 20
(a) the day stated in the warrant; 21
(b) the day the investigation under the warrant ends. 22
(2) However, despite the investigation ending, the warrant continues in 23
force until the day stated in the warrant if, as a result of using the 24
surveillance device, evidence is gained-- 25
(a) if the device is a class A surveillance device--of another serious 26
indictable offence; or 27
(b) if the device is a class B surveillance device--of another indictable 28
offence. 29
s 131 102 s 131
Police Powers and Responsibilities
(3) The warrant may be extended from time to time on application and 1
the provisions of this division for an application for a warrant apply to an 2
application for an extension, with necessary changes. 3
(4) Despite the ending of the warrant under subsection (1) or (2), the 4
police officer may continue to exercise powers under the warrant, but only 5
to the extent necessary to remove the surveillance device to which the 6
warrant relates. 7
under surveillance warrants 8
Power
131. A police officer may lawfully exercise the following powers under a 9
surveillance warrant ("surveillance powers")-- 10
(a) for a class A surveillance device--power to enter a stated place or 11
class of place, covertly or through subterfuge, to install, maintain, 12
replace or remove a surveillance device; or 13
(b) for a class B surveillance device--power to enter a vehicle or 14
another moveable object, or open a thing, to install, maintain, 15
replace or remove a tracking device; 16
(c) for a listening device--power to install and use the device and to 17
record private conversations; 18
(d) for a visual surveillance device--power to install and use the 19
device to monitor and record visual images; 20
(e) for another surveillance device--power to install and use the 21
device for the purpose for which the device is designed, including, 22
for example, tracking the location of a person or moveable object; 23
(f) power to take electricity for using a surveillance device; 24
(g) power to use 1 or more surveillance devices, whether of the same 25
or a different kind, in the same place; 26
(h) power to pass through, over, under or along a place to get to the 27
place where the surveillance device is to be used. 28
s 132 103 s 133
Police Powers and Responsibilities
Division 3--Emergency use of surveillance devices 1
use of surveillance devices 2
Emergency
132.(1) This section applies if a police officer reasonably believes-- 3
(a) there is a risk of serious injury to a person from an offence; and 4
(b) using a surveillance device may help reduce the risk. 5
6
Examples for subsection (1)--
7
1. A siege.
8
2. A terrorist incident.
9
3. An act of deprivation of liberty in which the victim's life may be in danger.
10
4. An act of extortion involving a threat of imminent injury to someone else.
(2) A police officer of at least the rank of inspector may authorise the use 11
of a surveillance device. 12
(3) A police officer acting under an authority under subsection (2) may 13
exercise any of the powers a police officer may exercise under a surveillance 14
warrant. 15
for approval after emergency use of surveillance device 16
Application
133.(1) Within 2 business days after authorising the use of a surveillance 17
device, the police officer who authorised its use must apply to a Supreme 18
Court judge for approval of the exercise of the powers. 19
(2) The application must be sworn and state the grounds on which the 20
approval is sought. 21
(3) The applicant must advise the public interest monitor of the 22
application under arrangements decided by the monitor. 23
(4) The judge may refuse to consider the application until the police 24
officer gives the judge all the information the judge requires about the 25
application in the way the judge requires. 26
27
Example--
28
The judge may require additional information supporting the application to be
29
given by statutory declaration.
s 134 104 s 135
Police Powers and Responsibilities
may be present at consideration of application 1
Who
134.(1) The judge must hear an application under section 133 in the 2
absence of anyone other than the following-- 3
(a) the applicant; 4
(b) a monitor; 5
(c) someone the judge permits to be present; 6
(d) a lawyer representing anyone mentioned in paragraphs (a) to (c). 7
(2) Also, the judge must hear the application-- 8
(a) in the absence of the person who is alleged to have caused or be 9
causing the risk or anyone likely to inform the person of the 10
application; and 11
(b) without that person having been informed of the application. 12
of application 13
Consideration
135. Before deciding an application for an approval, the judge must, in 14
particular, and being mindful of the highly intrusive nature of using a 15
surveillance device, consider the following-- 16
(a) the nature of the risk of serious injury to a person; 17
(b) the extent to which issuing a surveillance warrant would have 18
helped reduce or avoid the risk; 19
(c) the extent to which police officers could have used conventional 20
ways of investigation to help reduce or avoid the risk; 21
(d) how much the use of conventional ways of investigation could 22
have helped reduce or avoid the risk; 23
(e) how much the use of conventional ways of investigation would 24
have prejudiced the safety of the person because of delay or for 25
another reason; 26
(f) any submissions made by a monitor. 27
s 136 105 s 138
Police Powers and Responsibilities
may approve emergency use of powers 1
Judge
136.(1) After considering the application, the judge may approve the 2
application if satisfied there were reasonable grounds to believe-- 3
(a) there was a risk of serious injury to a person; and 4
(b) using a surveillance device may have helped reduce the risk. 5
(2) Also, the judge may order the destruction of any recordings made that 6
were not related to the purpose for which the surveillance device was used. 7
of evidence and information 8
Use
137.(1) Evidence obtained because of the exercise of powers approved 9
under section 136 is admissible in a proceeding for an offence. 10
(2) Also, information obtained under this division may be given to any 11
person or organisation involved in helping prevent or reduce the risk of 12
serious injury to a person. 13
(3) Subsection (2) does not apply to information from recordings ordered 14
to be destroyed by a judge. 15
4--Use of surveillance devices under magistrate's warrant 16
Division
warrant applications 17
Surveillance
138.(1) This section applies if a police officer reasonably believes a 18
person has been, is, or is likely to be, involved in the commission of an 19
indictable offence. 20
(2) A police officer of at least the rank of inspector may apply to a 21
magistrate for a warrant ("surveillance warrant") authorising the use of a 22
class B surveillance device. 23
(3) The application must-- 24
(a) be sworn and state the grounds on which the warrant is sought; 25
and 26
(b) include information required under the responsibilities code about 27
any warrants issued within the previous year in relation to the 28
person or the place stated in the application. 29
s 139 106 s 140
Police Powers and Responsibilities
(4) Subsection (3)(b) only applies to-- 1
(a) information kept in a register that the police officer may inspect; 2
and 3
(b) information the police officer otherwise actually knows. 4
(5) The applicant must advise the public interest monitor of the 5
application under arrangements decided by the monitor. 6
(6) The magistrate may refuse to consider the application until the police 7
officer gives the magistrate all the information the magistrate requires about 8
the application in the way the magistrate requires. 9
10
Example--
11
The magistrate may require additional information supporting the application to be
12
given by statutory declaration.
may be present at consideration of application 13
Who
139.(1) The magistrate must hear an application for a surveillance 14
warrant in the absence of anyone other than the following-- 15
(a) the applicant; 16
(b) a monitor; 17
(c) someone the magistrate permits to be present; 18
(d) a lawyer representing anyone mentioned in paragraphs (a) to (c). 19
(2) Also, the magistrate must hear the application-- 20
(a) in the absence of the person proposed to be placed under 21
surveillance (the "relevant person") or anyone likely to inform 22
the relevant person of the application; and 23
(b) without the relevant person having been informed of the 24
application. 25
of application 26
Consideration
140. Before deciding an application for a surveillance warrant, the 27
magistrate must, in particular, and being mindful of the highly intrusive 28
nature of a surveillance warrant, consider the following-- 29
s 141 107 s 142
Police Powers and Responsibilities
(a) the nature and seriousness of the suspected offence; 1
(b) the extent to which issuing the warrant would help prevent, detect 2
or provide evidence of the offence; 3
(c) the benefits derived from the issue of any previous surveillance 4
warrants in relation to the relevant person; 5
(d) the extent to which police officers investigating the offence have 6
used or can use conventional ways of investigation; 7
(e) how much the use of conventional ways of investigation would 8
be likely to help in the investigation of the offence; 9
(f) how much the use of conventional ways of investigation would 10
prejudice the investigation of the offence because of delay or for 11
another reason; 12
(g) any submissions made by a monitor. 13
of surveillance warrant 14
Issue
141.(1) After considering the application, the magistrate may issue the 15
warrant for a period of not more than 30 days if satisfied there are 16
reasonable grounds for believing the relevant person-- 17
(a) has been, is, or is likely to be involved in the commission of an 18
indictable offence; and 19
(b) is likely to be-- 20
(i) at a place, including a public place, mentioned in the 21
application; or 22
(ii) at a class of place mentioned in the application. 23
(2) The magistrate may impose any conditions on the warrant that the 24
magistrate considers are necessary in the public interest. 25
warrant must state 26
What
142. The warrant must state the following-- 27
(a) that a police officer may exercise surveillance powers under the 28
warrant using a class B surveillance device; 29
s 143 108 s 144
Police Powers and Responsibilities
(b) the name of the relevant person, if known; 1
(c) the place where the surveillance device authorised under the 2
warrant may be used; 3
(d) any conditions imposed under section 141(2); 4
(e) the day and time the warrant starts and when the warrant ends. 5
and extension of surveillance warrants 6
Duration
143.(1) A surveillance warrant is in force until the earlier of the 7
following-- 8
(a) the day stated in the warrant; 9
(b) the day the investigation under the warrant ends. 10
(2) However, despite the investigation ending, the warrant continues in 11
force until the day stated in the warrant if, as a result of using the 12
surveillance device, evidence is gained of another indictable offence. 13
(3) The warrant may be extended from time to time on application and 14
the provisions of this division for an application for a warrant apply to an 15
application for an extension, with necessary changes. 16
(4) Despite the ending of the warrant under subsection (1) or (2), the 17
police officer may continue to exercise powers under the warrant, but only 18
to the extent necessary to remove the surveillance device to which the 19
warrant relates. 20
under surveillance warrants 21
Powers
144. A police officer to whom a surveillance warrant is directed may 22
lawfully exercise the following powers under the warrant-- 23
(a) power to enter a place to install a tracking device without covert 24
entry to a building; 25
(b) power to pass through, over, under or along a place to get to the 26
place where the tracking device is to be used; 27
(c) power to enter a vehicle or another moveable object, or open a 28
thing, to install, maintain, replace or remove a tracking device; 29
s 145 109 s 145
Police Powers and Responsibilities
(d) power to use reasonable force to install, maintain, replace or 1
remove a tracking device; 2
(e) power to use 1 or more tracking devices, whether of the same or a 3
different kind, in the same place; 4
(f) power to take electricity for using a tracking device. 5
6
Examples for paragraph (a)--
7
1. Installing a tracking device on a vehicle located in a public undercover car park
8
where entry is gained by any member of the public by paying a fee, or on a vehicle
9
on a street.
10
2. Installing a tracking device on a parcel inside a shipping container located in a
11
storage yard, if the parcel is reasonably believed to contain unlawful drugs.
5--Other provisions about surveillance devices 12
Division
about records and access to surveillance warrant 13
Restriction
applications etc. 14
145.(1) This section applies to the following ("relevant proceeding")-- 15
(a) an application to a Supreme Court judge or a magistrate for-- 16
(i) a surveillance warrant; or 17
(ii) the extension of a surveillance warrant; 18
(b) an application to a Supreme Court judge for approval of the 19
emergency use of a surveillance device; 20
(c) an order made or approval given under an application mentioned 21
in paragraph (a) or (b). 22
(2) Despite the Recording of Evidence Act 1962, a transcript of a relevant 23
proceeding must not be made. 24
(3) A person must not publish a report of a relevant proceeding. 25
Maximum penalty--85 penalty units or 1 year's imprisonment. 26
(4) A person is not entitled to search information in the custody of a court 27
in relation to a relevant proceeding, unless a Supreme Court judge otherwise 28
orders in the interests of justice. 29
s 146 110 s 146
Police Powers and Responsibilities
of information obtained using surveillance warrant 1
Disclosure
146.(1) This section applies to information that has not been disclosed in 2
a proceeding in open court and was obtained under a surveillance warrant 3
(the "relevant information"). 4
(2) A police officer who obtained relevant information must not disclose 5
the information to someone other than-- 6
(a) the judge or magistrate who issued the warrant; or 7
(b) a judge hearing an application for-- 8
(i) an extension of the warrant; or 9
(ii) approval of the emergency use of a surveillance device; or 10
(iii) a warrant in relation to the same or a different person; or 11
(c) a magistrate hearing an application for an extension of the warrant 12
or a warrant in relation to the same or a different person; or 13
(d) a court taking evidence about a charge of an offence in which the 14
information is evidence; or 15
(e) the responsible chief executive officer for the surveillance warrant 16
or a person authorised by that chief executive officer; or 17
(f) another police officer involved in-- 18
(i) the investigation into the relevant criminal activity for which 19
the powers were exercised; or 20
(ii) an investigation of any indictable offence started because of 21
information obtained under the warrant or linked to the 22
offence under investigation; or 23
(iii) a proceeding in which the information is evidence; or 24
(g) a declared law enforcement agency; or 25
(h) a public prosecutor, but only for-- 26
(i) use in a proceeding in which the information is evidence; or 27
(ii) an application for an extension of the warrant; or 28
(iii) an application under section 133; or 29
(iv) the issue of another surveillance warrant; or 30
s 147 111 s 148
Police Powers and Responsibilities
(i) a lawyer representing a person in a proceeding in which the 1
information is evidence; or 2
(j) a monitor; or 3
(k) a person transcribing or making copies of recordings. 4
of records 5
Destruction
147.(1) The responsible chief executive officer for a surveillance warrant 6
must keep all information obtained under the warrant and transcripts of 7
recordings or photographs made or taken under the warrant in a secure 8
place. 9
(2) The responsible chief executive officer must ensure any recording 10
made or photograph made or taken under the surveillance warrant or a 11
transcript or copy made from information obtained under the warrant is 12
destroyed as soon as practicable after it is no longer required. 13
(3) Subsection (2) does not prevent information or other matter relevant 14
to any offence of which someone has been convicted being preserved for 15
any period or indefinitely if there is any possibility that an issue about the 16
conviction may arise. 17
Division 6--Covert searches 18
search warrant applications 19
Covert
148.(1) A police officer of at least the rank of inspector may apply to a 20
Supreme Court judge for a warrant ("covert search warrant") to enter and 21
search a place for evidence of organised crime. 22
(2) The application must-- 23
(a) be sworn and state the grounds on which the warrant is sought; 24
and 25
(b) include information required under the responsibilities code about 26
any warrants issued within the previous year in relation to the 27
place or person suspected of being involved in the organised 28
crime to which the application relates. 29
s 149 112 s 150
Police Powers and Responsibilities
(3) Subsection (2)(b) applies only to-- 1
(a) information kept in a register that the police officer may inspect; 2
and 3
(b) information the police officer otherwise actually knows. 4
(4) The applicant must advise the public interest monitor of the 5
application under arrangements decided by the monitor. 6
(5) The judge may refuse to consider the application until the applicant 7
gives the judge all the information the judge requires about the application in 8
the way the judge requires. 9
10
Example--
11
The judge may require additional information supporting the application to be
12
given by statutory declaration.
may be present at consideration of application 13
Who
149.(1) The judge must hear an application for a covert search warrant in 14
the absence of anyone other than the following-- 15
(a) the applicant; 16
(b) a monitor; 17
(c) someone the judge permits to be present; 18
(d) a lawyer representing anyone mentioned in paragraphs (a) to (c). 19
(2) Also, the judge must hear the application-- 20
(a) in the absence of the person who is the subject of the application 21
(the "relevant person") or anyone likely to inform the relevant 22
person of the application; and 23
(b) without the relevant person having been informed of the 24
application. 25
of application 26
Consideration
150. Before deciding the application the judge must, in particular, and 27
being mindful of the highly intrusive nature of a covert search warrant, 28
consider the following-- 29
s 151 113 s 152
Police Powers and Responsibilities
(a) the nature and seriousness of the suspected offence; 1
(b) the extent to which issuing the warrant would help prevent, detect 2
or provide evidence of, the offence; 3
(c) the benefits derived from any previous covert search warrants, 4
search warrants or surveillance warrants in relation to the relevant 5
person or place; 6
(d) the extent to which police officers investigating the matter have 7
used or can use conventional ways of investigation; 8
(e) how much the use of conventional ways of investigation would 9
be likely to help in the investigation of the matter; 10
(f) how much the use of conventional ways of investigation would 11
prejudice the investigation of the matter; 12
(g) any submissions made by a monitor. 13
of covert search warrant 14
Issue
151.(1) After considering the application, the judge may issue the warrant 15
for a period of not more than 30 days if satisfied there are reasonable 16
grounds for believing there is, in or on a place, evidence of organised crime. 17
(2) The judge may impose any conditions on the warrant that the judge 18
considers are necessary in the public interest. 19
covert search warrant must state 20
What
152. A covert search warrant must state the following-- 21
(a) that a police officer may, with reasonable help and force, enter the 22
place, covertly or by subterfuge and exercise covert search powers 23
under the warrant; 24
(b) the organised crime related offence for which the warrant was 25
issued; 26
(c) any evidence or samples of evidence that may be seized under the 27
warrant; 28
(d) that the warrant may be executed at any time of the day or night; 29
s 153 114 s 155
Police Powers and Responsibilities
(e) that, if practicable, the search must be videotaped; 1
(f) the day and time the warrant starts and when the warrant ends. 2
and extension of covert search warrant 3
Duration
153.(1) A covert search warrant is in force until the earlier of the 4
following-- 5
(a) the day stated in the warrant; 6
(b) when the initial search is complete. 7
(2) However, the warrant may be extended from time to time on 8
application. 9
(3) The provisions of this division for an application for a warrant apply 10
to an application for an extension, with necessary changes. 11
about records and access to covert search warrant 12
Restriction
applications 13
154.(1) Despite the Recording of Evidence Act 1962, a transcript of an 14
application for a covert search warrant and any order made on it must not be 15
made. 16
(2) A person must not publish a report of a proceeding on an application 17
for a covert search warrant or an extension of a covert search warrant. 18
Maximum penalty--85 penalty units or 1 year's imprisonment. 19
(3) A person is not entitled to search information in the custody of the 20
Supreme Court in relation to an application for a covert search warrant, 21
unless a Supreme Court judge otherwise orders in the interests of justice. 22
under covert search warrant 23
Powers
155. A police officer to whom a covert search warrant is directed may 24
lawfully exercise the following powers under the warrant ("covert search 25
powers")-- 26
s 156 115 s 156
Police Powers and Responsibilities
(a) power to enter the place stated in the warrant (the "relevant 1
place"), covertly or through subterfuge, as often as is reasonably 2
necessary for the purposes of the warrant and stay on it for the 3
time reasonably necessary; 4
(b) power to pass over, through, along or under another place to enter 5
the relevant place; 6
(c) power to search the relevant place for anything sought under the 7
warrant; 8
(d) power to open anything in the relevant place that is locked; 9
(e) power to seize a thing or part of a thing found on the relevant 10
place that the police officer reasonably believes is evidence of the 11
commission of an offence relating to organised crime stated in the 12
warrant; 13
(f) power to photograph anything the police officer reasonably 14
believes may provide evidence of the commission of an offence 15
relating to organised crime stated in the warrant; 16
(g) power to inspect or test anything found on the place. 17
on covert search 18
Report
156.(1) Within 7 days after executing a covert search warrant, a police 19
officer must give to the Supreme Court judge who issued the warrant and 20
the monitor a report complying with the responsibilities code on the exercise 21
of the powers under the warrant. 22
(2) The police officer must, if practicable, also take before the judge 23
anything seized under the warrant and any photograph taken during the 24
search. 25
(3) The judge may, in relation to a thing mentioned in subsection (2), 26
order that it-- 27
(a) be held by a police officer until any proceeding in which the thing 28
may be evidence ends; or 29
(b) be dealt with in the way the judge orders. 30
s 157 116 s 158
Police Powers and Responsibilities
Division 7--Public interest monitor 1
interest monitor 2
Public
157.(1) The Governor in Council may appoint a person (the "public 3
interest monitor") to monitor applications for, and the use of, surveillance 4
warrants and covert search warrants. 5
(2) The Governor in Council may also appoint as many deputy public 6
interest monitors as the Minister considers necessary. 7
(3) The Governor in Council may, in the appointment, fix the terms and 8
conditions of the appointment. 9
(4) The Public Service Act 1996 does not apply to the appointment of a 10
monitor. 11
(5) A monitor must not be a person who is, or who is a member of, or 12
who is employed in or by or to help, any of the following-- 13
(a) the director of public prosecutions; 14
(b) the office of the director of public prosecutions; 15
(c) QCC; 16
(d) the CJC; 17
(e) the police service. 18
monitor 19
Acting
158.(1) The Governor in Council may appoint a person, who is qualified 20
for appointment as the public interest monitor, to act as the public interest 21
monitor-- 22
(a) during a vacancy in the office; or 23
(b) during any period, or all periods, when the public interest monitor 24
is absent from duty or from the State or, for another reason, can 25
not perform the duties of the office. 26
(2) The Governor in Council may appoint a person, who is qualified for 27
appointment as a deputy public interest monitor, to act as a deputy public 28
interest monitor-- 29
s 159 117 s 159
Police Powers and Responsibilities
(a) during a vacancy in the office; or 1
(b) during any period, or all periods, when a deputy public interest 2
monitor is absent from duty or from the State or, for another 3
reason, can not perform the duties of the office. 4
functions 5
Monitor's
159.(1) The public interest monitor has the functions mentioned in 6
subsection (2) for surveillance warrants and covert search warrants. 7
(2) The functions are-- 8
(a) to monitor compliance by police officers with this part in relation 9
to matters concerning applications for surveillance warrants and 10
covert search warrants; and 11
(b) to appear at any hearing of an application to a Supreme Court 12
judge or magistrate for a surveillance warrant or covert search 13
warrant to test the validity of the application, and for that purpose 14
at the hearing-- 15
(i) present questions for the applicant to answer and examine or 16
cross-examine any witness; and 17
(ii) make submissions on the appropriateness of granting the 18
application; and 19
(c) to gather statistical information about the use and effectiveness of 20
surveillance warrants and covert search warrants; and 21
(d) whenever the public interest monitor considers it appropriate--to 22
give to the commissioner a report on noncompliance by police 23
officers with this part. 24
(3) Subject to the direction of the public interest monitor, a deputy public 25
interest monitor has the functions mentioned in subsection (2)(a), (b) 26
and (c). 27
s 160 118 s 162
Police Powers and Responsibilities
annual report 1
Monitor's
160.(1) As soon as practicable after the end of each financial year, but 2
within 4 months after the end of the financial year, the public interest 3
monitor must prepare and give to the Minister a written report on the use of 4
surveillance warrants and covert search warrants under this Act. 5
(2) The Minister must table a copy of the report in the Legislative 6
Assembly within 14 sitting days after receiving the report. 7
(3) The annual report must not contain information that-- 8
(a) discloses or may lead to the disclosure of the identity of any 9
person who has been, is being, or is to be, investigated; or 10
(b) indicates a particular investigation has been, is being, or is to be 11
conducted. 12
(4) The public interest monitor's report may form part of another annual 13
report the monitor is required to prepare under another Act. 14
15
Secrecy
161.(1) A person who is or was a monitor must not record, use or 16
disclose information obtained under this Act and that came to the person's 17
knowledge because of the person's involvement in the administration of this 18
Act. 19
Maximum penalty--85 penalty units or 1 year's imprisonment. 20
(2) Subsection (1) does not apply to a person's recording, use or 21
disclosure of information in the performance of his or her functions under 22
this Act. 23
(3) A person who is or was a monitor is not in any proceeding 24
compellable to disclose information obtained under this Act and that came 25
to the person's knowledge because of the person's involvement in the 26
administration of this Act. 27
from liability 28
Protection
162.(1) A monitor does not incur civil liability for an act done, or 29
omission made, honestly and without negligence under this Act. 30
s 163 119 s 163
Police Powers and Responsibilities
(2) If subsection (1) prevents a civil liability attaching to a monitor, the 1
liability attaches instead to the State. 2
CHAPTER 5--ARREST AND CUSTODY POWERS 3
ART 1--POWERS RELATING TO ARREST AND 4
P
TAKING PEOPLE INTO CUSTODY 5
Division 1--Arrest without warrant 6
without warrant 7
Arrest
163.(1) It is lawful for a police officer, without warrant, to arrest a person 8
the police officer reasonably suspects has committed or is committing an 9
offence if it is reasonably necessary for 1 or more of the following 10
reasons-- 11
(a) to prevent the continuation or repetition of an offence or the 12
commission of another offence; 13
(b) to make inquiries to establish the person's identity; 14
(c) to ensure the person's appearance before a court; 15
(d) to obtain or preserve evidence relating to the offence; 16
(e) to prevent the harassment of, or interference with, a person who 17
may be required to give evidence relating to the offence; 18
(f) to prevent the fabrication of evidence; 19
(g) to preserve the safety or welfare of any person, including the 20
person arrested; 21
(h) to prevent a person fleeing from a police officer or the location of 22
an offence; 23
s 164 120 s 164
Police Powers and Responsibilities
(i) because the offence is an offence against section 356 or 357;25 1
(j) because the offence is an offence against the Domestic Violence 2
(Family Protection) Act 1989, section 80;26 3
(k) because of the nature and seriousness of the offence. 4
(2) Also, it is lawful for a police officer, without warrant, to arrest a 5
person the police officer reasonably suspects has committed or is 6
committing an indictable offence, for questioning the person about the 7
offence, or investigating the offence, under chapter 6.27 8
(3) Subsection (1) does not apply to a child, 28 but subject to the Juvenile 9
Justice Act 1992, section 20,29 it is lawful for a police officer to arrest a child 10
without warrant if the police officer reasonably suspects the child is 11
committing or has committed an offence. 12
of escapees etc. 13
Arrest
164.(1) It is lawful for a police officer to arrest, without warrant, a person 14
the police officer reasonably suspects is escaping or has escaped from 15
lawful custody. 16
(2) Also, it is lawful for a police officer to arrest, without warrant, a 17
prisoner who-- 18
(a) has been released on leave of absence or to serve a period of 19
home detention and-- 20
(i) is or is preparing to become unlawfully at large; or 21
(ii) is contravening or has contravened a condition of the 22
instrument authorising the person's release; or 23
25 Section 356 (Offence to assault or obstruct police officer), section 357 (Offence
to contravene direction or requirement of police officer)
26 Section 80 (Breach of order or conditions)
27 Chapter 6 (Powers and responsibilities relating to investigations and questioning
for indictable offences)
28 For provisions applying to the arrest of children, see the Juvenile Justice Act
1992.
29 Juvenile Justice Act 1992, section 20 (Arrest and ex officio indictment power
preserved)
s 165 121 s 165
Police Powers and Responsibilities
(b) because of an error, has been released as if the prisoner were 1
eligible to be discharged under the Corrective Services Act 1988. 2
of person granted bail 3
Arrest
165.(1) This section applies if a person has been granted bail for an 4
offence, whether or not the person was arrested for the offence. 5
(2) It is lawful for a police officer to arrest the person, without warrant, if 6
the police officer reasonably suspects-- 7
(a) the person has left the precincts of the court that granted bail 8
without entering into an undertaking as required by the court; or 9
(b) the person has left the precincts of the court without fulfilling any 10
conditions the person must comply with before leaving the 11
precincts of the court. 12
(3) Also, it is lawful for a police officer to arrest the person, without 13
warrant, if-- 14
(a) the police officer reasonably suspects-- 15
(i) the person is likely to contravene, is contravening, or has 16
contravened, the condition for the person's appearance or 17
another condition of the undertaking on which the person 18
was granted bail; or 19
(ii) a surety for the person's appearance is dead; or 20
(iii) for any reason, the security for the person's appearance is no 21
longer adequate; or 22
(iv) the person is likely to fail to appear before a court to answer 23
a charge against the person for the offence; or 24
(b) a surety has given to a police officer written notice stating the 25
surety wishes to be relieved of the obligation of being a surety for 26
the person because the surety believes the person is likely to 27
contravene the condition for the person's appearance; or 28
(c) the police officer reasonably suspects the person is directly or 29
indirectly harassing or interfering with a person who may be 30
required to give evidence relating to the offence for which the 31
person has been released on bail. 32
s 166 122 s 168
Police Powers and Responsibilities
(4) In this section-- 1
"precincts" of a court, means any land or building, or the part of any land 2
or building, used for the purposes of the court. 3
"undertaking" means an undertaking under the Bail Act 1980. 4
of person given notice to appear or summons 5
Arrest
166.(1) This section applies to a person who has been given a notice to 6
appear or a summons for an offence, whether or not the person has been 7
arrested for the offence. 8
(2) It is lawful for a police officer to arrest a person, without warrant, if 9
the police officer reasonably suspects the person-- 10
(a) is directly or indirectly harassing or interfering with a person who 11
may be required to give evidence relating to the offence for which 12
the person has been given a notice to appear or summons; or 13
(b) is likely to fail to appear before a court to answer a charge against 14
the person for the offence. 15
2--Arrest under warrant 16
Division
under warrant 17
Arrest
167.(1) It is lawful for a police officer acting under a warrant issued 18
under any Act or law to arrest the person named in the warrant. 19
(2) In this section-- 20
"arrest" includes apprehend, take into custody, detain, and remove to 21
another place for examination or treatment. 22
warrant application 23
Arrest
168.(1) A police officer may apply to a justice for a warrant to arrest a 24
person for an offence ("arrest warrant"). 25
(2) The application must be sworn and state the grounds on which the 26
warrant is sought. 27
s 169 123 s 171
Police Powers and Responsibilities
(3) The justice may refuse to consider the application until the police 1
officer gives the justice all the information the justice requires about the 2
application in the way the justice requires. 3
4
Example--
5
The justice may require additional information supporting the application to be
6
given by statutory declaration.
of arrest warrant 7
Issue
169. The justice may issue an arrest warrant only if satisfied there are 8
reasonable grounds for suspecting-- 9
(a) that the person has committed the offence; and 10
(b) for an offence other than an indictable offence, proceedings by 11
way of complaint and summons, attendance notice or notice to 12
appear for the offence would be ineffective. 13
arrest warrant must state 14
What
170.(1) An arrest warrant must state the following-- 15
(a) the name of the applicant for the warrant and the applicant's rank, 16
registered number and station; 17
(b) that any police officer may arrest the person named in the warrant; 18
(c) the offence the person is alleged to have committed. 19
(2) It is sufficient to describe an offence in the words of the law defining 20
it, or in similar words. 21
(3) A description of persons or things that would be sufficient in an 22
indictment is sufficient in an arrest warrant. 23
Division 3--Other provisions about arrest 24
of arrest for offences committed outside the State 25
Power
171.(1) This section applies to an offence (an "extradition offence") 26
that-- 27
s 172 124 s 172
Police Powers and Responsibilities
(a) is an offence against the law of another State; and 1
(b) in that other State, is an indictable offence or an offence for which 2
the maximum penalty is at least 2 years imprisonment. 3
(2) It is lawful for a police officer, without warrant, to arrest a person the 4
police officer reasonably suspects is committing or has committed an 5
extradition offence. 6
(3) The person may be detained in custody under chapter 6 and 7
questioned in relation to the extradition offence by either of the following, as 8
if the offence had been committed in Queensland-- 9
(a) a police officer; 10
(b) a member of the police force or police service of the State where 11
the offence happened. 12
(4) The Justices Act 1886 and the Bail Act 1980 apply to a person 13
arrested for an extradition offence as if the offence were committed in 14
Queensland, but only to allow a person to apply, within 7 days, for the 15
extradition of the person to the State where the extradition offence is alleged 16
to have been committed. 17
(5) If a proceeding for the person's extradition is not started within 18
7 days-- 19
(a) the person, if remanded in custody, must be released from 20
custody; and 21
(b) any order for bail is discharged. 22
officer to consider alternatives to proceeding against child 23
Police
172.(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
(c) to refer the offence to a community conference under the Juvenile 30
Justice Act 1992. 31
s 173 125 s 173
Police Powers and Responsibilities
(2) The circumstances to which the police officer must have regard 1
include-- 2
(a) the circumstances of the alleged offence; and 3
(b) the child's previous history known to the police officer. 4
(3) If necessary, the police officer must delay starting a proceeding to 5
consider the matters mentioned in subsection (2). 6
(4) This section does not prevent a police officer starting a proceeding 7
against a child for an offence by way of-- 8
(a) complaint and summons under the Justices Act 1886; or 9
(b) attendance notice under the Juvenile Justice Act 1992. 10
4--Discontinuing arrest 11
Division
arrest may be discontinued--general rule 12
When
173.(1) It is the duty of a police officer to release an arrested person at the 13
earliest reasonable opportunity if the person is no longer reasonably 14
suspected of committing the offence for which the person was arrested. 15
(2) Subsection (1) does not apply if the person-- 16
(a) is reasonably suspected of another offence, whether or not arising 17
out of the circumstances of the offence for which the person was 18
arrested; or 19
(b) may be detained for another reason, for example because of a 20
breach of a bail condition; or 21
(c) is in custody for another offence. 22
(3) Also, it is the duty of a police officer to release an arrested person 23
who is reasonably suspected of committing the offence for which the 24
person was arrested if, within a reasonable time after the arrest, the police 25
officer considers there is not enough evidence to bring the person before a 26
court on a charge of the offence. 27
s 174 126 s 175
Police Powers and Responsibilities
case when arrest of adult may be discontinued 1
Additional
174.(1) This section applies to an arrested person who is an adult. 2
(2) It is the duty of a police officer to release the person at the earliest 3
reasonable opportunity if-- 4
(a) the reason for arresting the person no longer exists or is unlikely 5
to happen again if the person is released; and 6
(b) it is more appropriate to take the person before a court by notice to 7
appear or summons and the notice to appear or summons has 8
been served on the person. 9
(3) Subsection (2) does not apply to an adult who is arrested-- 10
(a) to prevent the person fleeing from a police officer or the location 11
of an offence; or 12
(b) if, because of the nature or seriousness of an offence for which 13
the person is a suspect, it is inappropriate to release the person. 14
(4) Also, a police officer must release the person at the earliest reasonable 15
opportunity if-- 16
(a) the police officer reasonably considers it is more appropriate for 17
the arrested person to be dealt with other than by charging the 18
person with an offence; and 19
(b) the person and any victim of the offence agree to the person being 20
dealt with in that way. 21
22
Example for subsection (4)--
23
1. A person arrested for a minor assault involving pushing a person during a heated
24
argument with a neighbour may agree to attend alternative dispute resolution.
25
2. A person may be released under a scheme developed by the commissioner for
26
cautioning elderly first offenders.
case when arrest of child may be discontinued 27
Additional
175.(1) This section applies to an arrested person who is a child. 28
(2) It is the duty of a police officer to release the child at the earliest 29
reasonable opportunity if-- 30
s 176 127 s 176
Police Powers and Responsibilities
(a) the reason for arresting the child no longer exists or is unlikely to 1
happen again if the child is released; and 2
(b) after considering the following, it is more appropriate to deal with 3
the child in a way provided by subsection (3)-- 4
(i) the circumstances of the alleged offence; 5
(ii) the child's previous history known to the police officer. 6
(3) For subsection (2)(b), the police officer may decide it is more 7
appropriate-- 8
(a) to take no action; or 9
(b) to administer a caution to the child under the Juvenile Justice 10
Act 1992; or 11
(c) to refer the offence to a community conference under the Juvenile 12
Justice Act 1992; or 13
(d) to take the child before a court by attendance notice or summons. 14
(4) Subsection (2) does not apply to a child who is arrested if, because of 15
the nature or seriousness of an offence for which the child is a suspect, it is 16
inappropriate to release the child. 17
(5) Also, subsection (2) does not apply to the arrest of a child by a police 18
officer while the police officer reasonably believes the child is an adult. 19
(6) In deciding whether the police officer had the reasonable belief, a 20
court may have regard to the child's apparent age and the circumstances of 21
the arrest. 22
on re-arrest 23
Limit
176. A person arrested for an offence and released under this division can 24
not be re-arrested for the offence unless, because of new evidence, a police 25
officer forms a reasonable suspicion that the person is responsible for the 26
offence. 27
s 177 128 s 178
Police Powers and Responsibilities
5--Alternative to arrest 1
Division
to appear may be issued for offence 2
Notice
177.(1) The object of this section is to provide an alternative way for a 3
police officer to start or continue a proceeding against an adult that does not 4
involve the delay associated with issuing a complaint and summons under 5
the Justices Act 1886.30 6
(2) If a police officer reasonably suspects that an adult has committed or 7
is committing an offence, the police officer may issue and serve a notice 8
("notice to appear") on the person.31 9
(3) A notice to appear must be personally served on a person. 10
to appear form 11
Notice
178.(1) A notice to appear must-- 12
(a) state the substance of the offence alleged to have been committed; 13
and 14
(b) state the name of the person alleged to have committed the 15
offence; and 16
(c) require the person to appear before a Magistrates Court in relation 17
to the offence at a stated time and place; and 18
(d) be signed by the police officer serving the notice to appear. 19
(2) The place stated in a notice to appear for the person's appearance 20
must be a place where the court will be sitting at the time stated. 21
(3) The time stated in a notice to appear for the person's appearance must 22
be a time at least 14 days or, with the person's written agreement, a stated 23
shorter time after the notice is served. 24
30 For starting proceedings against children by attendance notices, see the Juvenile
Justice Act 1992.
31 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 179 129 s 181
Police Powers and Responsibilities
to appear must be filed in court without cost to person 1
Notice
179.(1) Before the time a person is required by a notice to appear to 2
appear before a Magistrates Court, the notice to appear must be filed with 3
the clerk of the court at the place where the person is required to appear. 4
(2) A person must not be ordered to pay filing costs in the proceeding for 5
the offence. 6
particulars only are required on a notice to appear 7
General
180.(1) The statement in the notice to appear of the substance of the 8
offence alleged to have been committed need only provide general 9
particulars of the offence, for example-- 10
(a) the type of offence; and 11
(b) when and where it is alleged to have been committed. 12
(2) If 2 or more matters are properly joined in 1 notice to appear under 13
the Justices Act 1886, section 43(1)32, then, despite section 43(2) and (3) of 14
that Act-- 15
(a) each matter need not be set out in a separate paragraph; and 16
(b) objection can not be taken to the notice to appear because each 17
matter is not set out in a separate paragraph. 18
of notice to appear offence must be given in the proceeding 19
Particulars
181.(1) Section 180 does not affect the duty of the prosecution to provide 20
proper particulars of an offence in the course of prosecution. 21
(2) When a person on whom a notice to appear has been served appears 22
before the Magistrates Court in response to the notice, the court must ensure 23
that the person is provided promptly with proper particulars of the offence 24
and granted any adjournment of the proceeding necessary to consider them. 25
32 Justices Act 1886, section 43 (Matter of complaint)
s 182 130 s 183
Police Powers and Responsibilities
to appear equivalent to a complaint and summons 1
Notice
182.(1) A statement in a notice to appear of the substance of an offence 2
alleged to have been committed is taken to be a complaint under the Justices 3
Act 1886. 4
(2) Also, a requirement in a notice to appear that a person appear before a 5
Magistrates Court in relation to the offence at a stated time and place-- 6
(a) is taken to be a summons issued by a justice under the Justices 7
Act 1886; but 8
(b) is not a requirement to which section 35733 applies. 9
(3) Subject to this division, the Justices Act 1886 and any other Act 10
applies to a notice to appear in the same way as it applies to a complaint and 11
summons. 12
may order immediate arrest of person who fails to appear 13
Court
183.(1) Subject to section 184, if a person fails to appear before a 14
Magistrates Court as required by a notice to appear served on the person, the 15
court may-- 16
(a) hear and decide the complaint in the absence of the person; or 17
(b) order that a warrant issue for the arrest of the person to be brought 18
before the court to be dealt with according to law. 19
(2) A document purporting to be a copy of the notice to appear signed on 20
the day it is served by the police officer who served it, and stating when and 21
where it was served, is evidence of the service of the notice. 22
(3) Any justice may issue the warrant. 23
(4) If the person appears voluntarily before a court after the warrant is 24
issued, any justice may revoke the warrant. 25
33 Section 357 (Offence to contravene direction or requirement of police officer)
s 184 131 s 186
Police Powers and Responsibilities
must strike out notice to appear if service insufficient 1
Court
184.(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 purportedly served. 7
Division 6--Duties after arrest 8
to be given to arrested person 9
Information
185.(1) A police officer who arrests a person, whether or not under a 10
warrant, must, as soon as is reasonably practicable after the arrest, inform 11
the person that the person is under arrest and of the nature of the offence for 12
which the person is arrested. 13
(2) A police officer who arrests a person with a warrant must inform the 14
person that the person is under arrest and of the nature of the warrant. 15
(3) Before the person is released from police custody, a police officer 16
must give to the person, in writing, the name, rank and station of the 17
arresting officer. 18
and chief executive must be advised of arrest of child 19
Parent
186.(1) A police officer who arrests a child must, without unreasonable 20
delay, advise of the arrest and whereabouts of the child to-- 21
(a) a parent of the child, unless a parent can not be found after 22
reasonable inquiry; and 23
(b) the chief executive (family services) or a person, nominated by 24
the chief executive for the purpose, who holds an office within the 25
department. 26
(2) In this section-- 27
"parent", of a child, includes someone who is apparently a parent of the 28
child. 29
s 187 132 s 187
Police Powers and Responsibilities
of police officer after arrest etc. of person 1
Duty
187.(1) If a police officer does any of the following, the police officer 2
must, as soon as reasonably practicable, take the person before a court to be 3
dealt with according to law-- 4
(a) arrests a person, without warrant, for an offence; 5
(b) arrests a person under a warrant for an offence, whether under 6
this or another Act; 7
(c) arrests a person under section 165 or 166;34 8
(d) receives into custody a person who is arrested or detained by 9
someone other than a police officer. 10
(2) Subsection (1) does not apply if the person-- 11
(a) is released under division 435; or 12
(b) is being detained under chapter 636 for an indictable offence; or 13
(c) is being detained under the Road Use Management Act, 14
section 80;37 or 15
(d) is arrested under a warrant that requires the police officer to take 16
the person before another body or to another place; or 17
(e) is delivered into the custody of a watch-house manager or the 18
officer-in-charge of a police establishment. 19
20
Example for subsection (2)(d)--
21
A warrant under the Commissions of Inquiry Act 1950 may require that a person be
22
apprehended to enable the person to be brought before a commission of inquiry to
23
give evidence.
(3) Also, subsection (1) does not prevent a police officer-- 24
34 Section 165 (Arrest of person granted bail) or 166 (Arrest of person given notice
to appear or summons)
35 Division 4 (Discontinuing arrest)
36 Chapter 6 (Powers and responsibilities relating to investigations and questioning
for indictable offences)
37 Transport Operations (Road Use Management) Act 1995, section 80 (Provisions
with respect to breath tests and laboratory tests)
s 188 133 s 189
Police Powers and Responsibilities
(a) if the person is a prisoner under the Corrective Services Act 1
1988--taking the person to a prison or to a watch-house until the 2
person can be conveniently taken to a prison; or 3
(b) if the person escaped from lawful custody while a prisoner of a 4
court--taking the person to a police station or watch-house until 5
the person can be conveniently returned to the custody of the 6
proper officer of the relevant court. 7
of police officer receiving custody of person arrested for offence 8
Duty
188.(1) This section applies if-- 9
(a) a person who has been arrested for an offence, whether or not 10
under a warrant, is delivered into the custody of the officer-in- 11
charge of a police establishment or a watch-house manager; and 12
(b) the person is not being detained under chapter 6; and 13
(c) it is not practicable to bring the person before a court promptly. 14
(2) The officer-in-charge or watch-house manager must, as soon as 15
reasonably practicable-- 16
(a) decide whether or not to grant bail under the Bail Act 1980; or 17
(b) take the person before a court to be dealt with according to law. 18
of officer receiving custody of person arrested under warrant 19
Duty
other than for offence 20
189.(1) This section applies if-- 21
(a) under section 167, 38 a police officer arrests a person named in a 22
warrant issued under another Act or law; or 23
(b) someone else authorised under a warrant issued under another 24
Act or law arrests a person named in the warrant; 25
and the person is delivered into the custody of the officer-in-charge of a 26
police establishment or a watch-house manager. 27
38 Section 167 (Arrest under warrant)
s 190 134 s 190
Police Powers and Responsibilities
1
Examples for subsection (1)--
2
1. A person is arrested under a warrant issued for non-payment of an amount of a
3
fine.
4
2. A person is arrested under a warrant requiring a person to be brought before a
5
commission of inquiry.
6
3. A correctional officer arrests a person who has escaped from custody.
(2) The officer-in-charge or watch-house manager must, as soon as 7
reasonably practicable, ensure compliance with the warrant. 8
(3) In this section-- 9
"arrest", a person named in a warrant, includes apprehend, take into 10
custody, detain, and remove to another place for examination or 11
treatment. 12
HAPTER 6--POWERS AND RESPONSIBILITIES 13
C
RELATING TO INVESTIGATIONS AND 14
QUESTIONING FOR INDICTABLE OFFENCES 15
ART 1--PRELIMINARY 16
P
1--Application of chapter 17
Division
does not apply to covert operations 18
Chapter
190. This chapter does not apply to functions of a police officer 19
performed in a covert way. 20
s 191 135 s 193
Police Powers and Responsibilities
2--Right to remain silent not affected 1
Division
to remain silent not affected 2
Right
191. Nothing in this chapter affects the right of a person to refuse to 3
answer questions, unless required to answer the questions by or under an 4
Act. 5
ART 2--INVESTIGATIONS AND QUESTIONING 6
P
Division 1--Application of part 7
of pt 2 8
Application
192. This part applies only to a person who-- 9
(a) is lawfully arrested for an indictable offence; or 10
(b) is in lawful custody for an offence that has not been decided; or 11
(c) is in lawful custody under a sentence for a term of imprisonment 12
or, for a child, a detention order. 13
14
Example for paragraph (b)--
15
1. The person may be in lawful custody because bail has been refused or revoked
16
or a condition of bail is contravened.
17
2. The person is to be released on bail and may be in lawful custody pending the
18
fulfilment of a bail condition.
Division 2--Removal of persons from lawful custody 19
for removal of person from lawful custody 20
Application
193.(1) This section applies to a person who is suspected of having 21
committed an indictable offence and is in custody under the Corrective 22
Services Act 1988 or the Juvenile Justice Act 1992-- 23
s 194 136 s 195
Police Powers and Responsibilities
(a) for an offence that has not been decided; or 1
(b) under a sentence for a term of imprisonment or, for a child, a 2
detention order. 3
(2) A police officer may apply to a magistrate for an order ("removal 4
order") for the removal of the person in custody in a prison or detention 5
centre to the custody of a police officer ("police custody") for-- 6
(a) questioning the person about the offence; or 7
(b) the investigation of the offence. 8
(3) The application may include an application for an extension of the 9
detention period even though the detention period has not started. 10
(4) The application must be-- 11
(a) made in person; and 12
(b) sworn and state the grounds on which the order is sought. 13
(5) The magistrate may refuse to consider the application until the police 14
officer gives the magistrate all the information the magistrate requires about 15
the application in the way the magistrate requires. 16
17
Example--
18
The magistrate may require additional information supporting the application to be
19
given by statutory declaration.
executive must be advised of application for removal order 20
Chief
194. Before a police officer applies for a removal order relating to a child, 21
the police officer must notify the chief executive (family services), or a 22
person, nominated by the chief executive for the purpose, who holds an 23
office within the department, of the making of the application. 24
magistrate may make removal order 25
When
195. A magistrate may make a removal order only if the magistrate is 26
satisfied the custody is reasonably necessary for-- 27
(a) questioning the person about the offence; or 28
(b) the investigation of the offence. 29
s 196 137 s 197
Police Powers and Responsibilities
removal order must state 1
What
196. A removal order must state the following-- 2
(a) the name of the person the subject of the order (the "relevant 3
person") and the prison or detention centre in which the person is 4
in custody; 5
(b) that the person in charge of the prison or detention centre must 6
release or make arrangements for the release of the relevant 7
person into the custody of the police officer named in the order; 8
(c) the name of the police officer who will have control of the 9
relevant person while the person is absent from the prison or 10
detention centre; 11
(d) the reason for the relevant person's removal; 12
(e) the place, if known, to which the relevant person is to be 13
removed; 14
(f) that the relevant person must be returned to the prison or detention 15
centre as soon as reasonably practicable after the detention period 16
ends; 17
(g) any other conditions the magistrate considers appropriate. 18
Division 3--Detention for investigation or questioning 19
period of detention for investigation or questioning 20
Initial
197.(1) A police officer may, under a removal order, take into custody a 21
relevant person for a reasonable time to investigate, or question the person 22
about-- 23
(a) if the person is in custody following an arrest for an indictable 24
offence--the offence for which the person was arrested; or 25
(b) in any case--any indictable offence the person is suspected of 26
having committed, whether or not the offence for which the 27
person is in custody. 28
(2) However, the person must not be detained under this part for more 29
than 8 hours, unless the detention period is extended under this division. 30
s 198 138 s 198
Police Powers and Responsibilities
(3) If this part applies to the person because of section 192(b) or (c), the 1
person must be returned to the watch-house or other place of custody as 2
soon as reasonably practicable after the detention period ends. 3
(4) In the 8 hours mentioned in subsection (2) (the "detention 4
period")-- 5
(a) the person may be questioned for not more than 4 hours; and 6
(b) the time out may be more than 4 hours. 7
(5) The detention period starts when the person is-- 8
(a) arrested for the indictable offence; or 9
(b) taken into police custody under a removal order; or 10
(c) taken from a watch-house; or 11
(d) otherwise in the company of a police officer at a watch-house, 12
prison, or detention centre, for the purpose of questioning the 13
person. 14
is a reasonable time to detain a person for questioning or 15
What
investigation 16
198.(1) The following must be taken into consideration when deciding 17
what is a reasonable time to detain a person under section 197-- 18
(a) whether the person's detention is necessary for the investigation 19
of an indictable offence; 20
(b) the number of indictable offences under investigation; 21
(c) the seriousness and complexity of an indictable offence under 22
investigation; 23
(d) whether the person has indicated a willingness to make a 24
statement or to answer questions; 25
(e) the person's age, physical capacity and condition, and mental 26
capacity and condition; 27
(f) for a person arrested--any time spent questioning the person 28
before the arrest; 29
s 199 139 s 199
Police Powers and Responsibilities
(g) the need to delay or suspend questioning of the person for time 1
out purposes. 2
(2) If the person decides not to answer questions or not to continue 3
answering questions, continuing the detention period may not be reasonable 4
unless-- 5
(a) it is necessary to carry out further investigations; or 6
(b) the person consents, or another authority requires the person, to 7
participate in an investigative procedure. 8
9
Examples for subsection (2)(b)--
10
1. The person consents to taking part in an identification parade.
11
2. A magistrate orders a medical examination involving the person.
for extension of detention period 12
Application
199.(1) A police officer may apply for an order extending the detention 13
period before the period ends. 14
(2) The application must be made to-- 15
(a) a magistrate; or 16
(b) a justice of the peace (magistrates court); or 17
(c) if there is no magistrate or justice of the peace (magistrates court) 18
available--another justice of the peace other than a justice of the 19
peace (commissioner for declarations). 20
(3) However, if the total questioning period since the detention began 21
will, if extended, be more than 12 hours, the application must be made to a 22
magistrate. 23
(4) When making the application, the police officer must give to the 24
magistrate or justice the information about any time out the police officer 25
reasonably anticipates will be necessary. 26
(5) The person or the person's lawyer may make submissions to the 27
magistrate or justice about the application, but not submissions that unduly 28
delay the consideration of the application. 29
s 200 140 s 200
Police Powers and Responsibilities
(6) If the application is made before the detention period ends, the 1
detention of the person does not end, unless the magistrate or justice refuses 2
to extend the detention period. 3
detention period may be extended 4
When
200.(1) A magistrate or justice may extend the detention period for a 5
person if satisfied-- 6
(a) the nature and seriousness of the offence require the extension; 7
and 8
(b) further detention of the person is necessary-- 9
(i) to preserve or obtain evidence of the offence or another 10
indictable offence; or 11
(ii) to complete the investigation into the offence or another 12
indictable offence; or 13
(iii) to continue questioning the person about the offence or 14
another indictable offence; and 15
(c) the investigation is being conducted properly and without 16
unreasonable delay; and 17
(d) the person, or the person's lawyer, has been given the opportunity 18
to make submissions about the application. 19
(2) An order extending the detention period may authorise the 20
questioning or further questioning of the person for a reasonable time, of 21
not more than 8 hours, and include the time the justice or magistrate 22
considers should be allowed as time out. 23
(3) A justice who is not a magistrate does not have power to make an 24
order authorising questioning or further questioning of a person for a period 25
that would extend the questioning period for the person to more than 12 26
hours. 27
Example for subsection (3)-- 28
29
If, in the initial detention period, a person has been questioned for 4 hours and an
30
earlier order under this section extends the questioning period to 9 hours, a justice
31
who is not a magistrate may only extend the questioning period for another 3 hours.
s 201 141 s 203
Police Powers and Responsibilities
order must state 1
What
201.(1) The magistrate or justice must state in the order-- 2
(a) how much time is to be allowed as time out; and 3
(b) the time for which the person may be questioned; and 4
(c) that the person may continue to be detained for the total of the 5
periods decided for paragraphs (a) and (b). 6
(2) If, under the order, time is allowed for time out, it may be used for 7
any time out purpose, unless the magistrate or justice orders that it be used 8
for a specific time out purpose. 9
of time out during extended detention period 10
Use
202.(1) This section applies if an order extending a detention period states 11
how much time is to be allowed as time out and the purpose for which time 12
out is to be allowed. 13
(2) Unless the justice or magistrate who issued the order otherwise 14
orders or the person in custody expressly agrees to use the time for another 15
purpose, the time allowed as time out must be used for a purpose stated in 16
the order. 17
(3) If reasonably practicable, the agreement must be electronically 18
recorded. 19
of unforeseen delays on detention 20
Effect
203.(1) If, because of reasonably unforeseen time out, a delay happens in 21
making an application for an extension of the initial period of detention of a 22
person, the detention of the person continues to be lawful, but only for the 23
time reasonably necessary to enable the application to be made and decided. 24
(2) If, because of reasonably unforeseen time out-- 25
(a) questioning of a person during an extended detention period is 26
suspended or delayed; or 27
(b) a delay happens in making an application for an extension of an 28
extended detention period; 29
s 204 142 s 205
Police Powers and Responsibilities
the detention of the person beyond the end of the extended detention period 1
continues to be lawful and the time allowed for questioning is not affected. 2
3
Example of unforeseen time out--
4
A police car used to transport a suspect from Burketown to Mount Isa breaks down
5
or can not get through because of impassable roads and the magistrate can not be
6
contacted by phone or radio.
of another arrest on questioning period 7
Effect
204. If a person is detained for questioning under this part more than 8
once in any period of 24 hours and questioned for a total of more than 4 9
hours in the 24 hours, a police officer must not continue to question the 10
person, unless the detention period is extended under section 200.39 11
12
Example--
13
If a person who has been arrested for a stealing offence and questioned for 3 hours
14
is again arrested within a 24 hour period for a break and enter offence, a police
15
officer can only question the person for 1 hour before being required to apply for an
16
extension of the detention period.
does detention period start for offenders arrested outside 17
When
Queensland 18
205.(1) This section applies if, because of the Service and Execution of 19
Process Act 1992 (Cwlth), a person-- 20
(a) has been arrested in another State for an indictable offence 21
committed in Queensland; or 22
(b) has appeared before a magistrate in another State for an indictable 23
offence committed in Queensland. 24
(2) For this part, the detention period for the person starts-- 25
(a) if, under the law of the other State, a Queensland police officer 26
may question the person in the other State--when the Queensland 27
police officer starts to question the person for the offence; or 28
39 Section 200 (When detention period may be extended)
s 206 143 s 207
Police Powers and Responsibilities
(b) when the person arrives in Queensland in the company of a 1
Queensland police officer for the purpose of being questioned for 2
the offence. 3
4--Other provisions about investigations and questioning 4
Division
person detained may be taken to a place other than a police 5
When
establishment 6
206. A police officer may take a person to whom this part applies to a 7
place other than a police establishment if the police officer considers it is 8
reasonably necessary to facilitate the purpose of the detention. 9
10
Example--
11
A person who has been arrested and is being questioned about an indictable
12
offence may be taken--
13
(a) to the scene of the offence to identify it or re-enact the offence; or
14
(b) to a doctor for medical treatment or examination.
helping in covert investigations not under arrest 15
Persons
207.(1) This section applies to covert investigations conducted by a police 16
officer into whether a person other than a person who is in custody 17
following an arrest has been involved in the commission of an offence or 18
suspected offence. 19
(2) For this part, if the person in custody following an arrest agrees 20
voluntarily to take part in the covert investigation, the person stops being 21
under arrest for the offence. 22
(3) The agreement must, if reasonably practicable, be electronically 23
recorded. 24
(4) However, the person may refuse to consent to the electronic recording 25
of the agreement. 26
(5) If the agreement is not electronically recorded, a police officer must 27
make a written record of the circumstances of the agreement. 28
(6) Subsection (2) does not prevent the person from being rearrested for 29
the offence. 30
s 208 144 s 211
Police Powers and Responsibilities
ART 3--SAFEGUARDS ENSURING RIGHTS OF 1
P
AND FAIRNESS TO PERSONS QUESTIONED FOR 2
INDICTABLE OFFENCES 3
Division 1--Preliminary 4
applies only to indictable offences 5
Part
208. This part applies only to indictable offences. 6
does this part apply to a person 7
When
209.(1) This part applies to a person ("relevant person") if the person is 8
in the company of a police officer for the purpose of being questioned as a 9
suspect about his or her involvement in the commission of an indictable 10
offence. 11
(2) However, this part does not apply to a person only if the police officer 12
is exercising any of the following powers-- 13
(a) power conferred under any Act or law to detain the person for a 14
search; 15
(b) power conferred under any Act to require the person to give 16
information or answer questions. 17
generally 18
Questioning
210. A police officer who is questioning a relevant person must not 19
obtain a confession by threat or promise.40 20
of person after proceeding started 21
Questioning
211.(1) Nothing in this part prevents a relevant person from helping a 22
police officer by making a statement or answering questions relating to the 23
matter for which the person is charged after a proceeding for the offence has 24
been started. 25
40 See also the Criminal Law Amendment Act 1894, section 10 (Confessions)
s 212 145 s 212
Police Powers and Responsibilities
(2) Also, a police officer may question the person to clarify any 1
ambiguity in relation to what was previously said by the person. 2
(3) If new evidence of the offence becomes available, a police officer 3
may tell the person of the evidence and invite the person to make a 4
statement. 5
6
Example for subsection (3)--
7
If a relevant person has been charged with the offence of rape, and a scientific
8
comparison such as a DNA analysis connects the person with the offence, the police
9
officer may tell the person of the result and invite the person to make a statement.
Division 2--Other persons may be present during questioning 10
to communicate with friend, relative or lawyer 11
Right
212.(1) Before a police officer starts to question a relevant person for an 12
indictable offence, the police officer must inform the person he or she 13
may-- 14
(a) telephone or speak to a friend or relative to inform the person of 15
his or her whereabouts and ask the person to be present during 16
questioning; and 17
(b) telephone or speak to a lawyer of the person's choice and arrange, 18
or attempt to arrange, for the lawyer to be present during the 19
questioning. 20
(2) The police officer must delay the questioning for a reasonable time to 21
allow the person to telephone or speak to a person mentioned in 22
subsection (1). 23
(3) If the person arranges for someone to be present, the police officer 24
must delay the questioning for a reasonable time to allow the other person to 25
arrive. 26
(4) What is a reasonable time to delay questioning to allow a friend, 27
relative or lawyer to arrive at the place of questioning will depend on the 28
particular circumstances, including, for example-- 29
(a) how far the person has to travel to the place; and 30
(b) when the person indicated he or she would arrive at the place. 31
s 213 146 s 214
Police Powers and Responsibilities
(5) What is a reasonable time to delay questioning to allow the relevant 1
person to speak to a friend, relative or lawyer will depend on the particular 2
circumstances, including, for example, the number and complexity of the 3
matters under investigation. 4
(6) Unless special circumstances exist, a delay of more than 2 hours may 5
be unreasonable. 6
to and presence of friend, relative or lawyer 7
Speaking
213.(1) If the relevant person asks to speak to a friend, relative or lawyer, 8
the investigating police officer must-- 9
(a) as soon as practicable, provide reasonable facilities to enable the 10
person to speak to the other person; and 11
(b) if the other person is a lawyer and it is reasonably 12
practicable--allow the relevant person to speak to the lawyer in 13
circumstances in which the conversation can not be overheard. 14
(2) If the relevant person arranges for another person to be present during 15
questioning, the investigating police officer must also allow the other person 16
to be present and give advice to the relevant person during the questioning. 17
(3) If the police officer considers the other person is unreasonably 18
interfering with the questioning, the police officer may exclude the person 19
from being present during questioning. 20
(4) This section does not apply to a person who is an aborigine, a Torres 21
Strait islander or a child.41 22
3--Special requirements for questioning particular persons 23
Division
of aboriginal people and Torres Strait islanders 24
Questioning
214.(1) This section applies if-- 25
(a) a police officer wants to question a relevant person; and 26
41 For aboriginal people and Torres Strait islanders, see section 214 and for
children, see section 215.
s 215 147 s 215
Police Powers and Responsibilities
(b) the police officer reasonably suspects the person is an adult 1
aborigine or Torres Strait islander. 2
(2) Unless the police officer is aware that the person has arranged for a 3
lawyer to be present during questioning, the police officer must-- 4
(a) inform the person that a representative of a legal aid organisation 5
will be notified that the person is in custody for the offence; and 6
(b) as soon as reasonably practicable, notify or attempt to notify a 7
representative of the organisation. 8
(3) Subsection (2) does not apply if, having regard to the person's level 9
of education and understanding, a police officer reasonably suspects the 10
person is not at a disadvantage in comparison with members of the 11
Australian community generally. 12
(4) The police officer must not question the person unless-- 13
(a) before questioning starts, the police officer has, if practicable, 14
allowed the person to speak to the support person, if practicable, 15
in circumstances in which the conversation will not be overheard; 16
and 17
(b) a support person is present while the person is being questioned. 18
(5) Subsection (4) does not apply if the person has, by a written or 19
electronically recorded waiver, expressly and voluntarily waived his or her 20
right to have a support person present. 21
(6) If the police officer considers the support person is unreasonably 22
interfering with the questioning, the police officer may exclude the person 23
from being present during questioning. 24
of children 25
Questioning
215.(1) This section applies if-- 26
(a) a police officer wants to question a relevant person; and 27
(b) the police officer reasonably suspects the person is a child. 28
(2) The officer must not question the child unless-- 29
s 216 148 s 217
Police Powers and Responsibilities
(a) before questioning starts, the police officer has, if practicable, 1
allowed the child to speak to a support person in circumstances in 2
which the conversation will not be overheard; and 3
(b) a support person is present while the child is being questioned. 4
(3) If the police officer considers the support person is unreasonably 5
interfering with the questioning, the police officer may exclude the person 6
from being present during the questioning. 7
of persons with impaired capacity 8
Questioning
216.(1) This section applies if-- 9
(a) a police officer wants to question a relevant person; and 10
(b) the police officer reasonably suspects the person is a person with 11
impaired capacity. 12
(2) A police officer must not question the person unless-- 13
(a) before questioning starts, the police officer has, if practicable, 14
allowed the person to speak to a support person in circumstances 15
in which the conversation will not be overheard; and 16
(b) a support person is present while the person is being questioned. 17
(3) Also, the police officer must suspend questioning and comply with 18
subsection (2) if, during questioning, it becomes apparent that the person 19
being questioned is a person with impaired capacity. 20
of intoxicated persons 21
Questioning
217.(1) This section applies if a police officer wants to question or to 22
continue to question a relevant person who is apparently under the influence 23
of liquor or a drug. 24
(2) The police officer must delay the questioning until the police officer is 25
reasonably satisfied the influence of the liquor or drug no longer affects the 26
person's ability to understand his or her rights and to decide whether or not 27
to answer questions. 28
s 218 149 s 219
Police Powers and Responsibilities
Division 4--Excluding persons unreasonably interfering with 1
questioning 2
is "unreasonable interference" for divs 23 3
What
218.(1) The following may be unreasonable interference for divisions 2 4
and 3-- 5
(a) conduct that prevents or unreasonably obstructs-- 6
(i) proper questions being put to a relevant person; or 7
(ii) the person's response to a question being recorded; 8
(b) answering questions on behalf of the relevant person; 9
(c) providing written replies during the questioning for the relevant 10
person to quote. 11
(2) However, it is not unreasonable interference to reasonably do any of 12
the following-- 13
(a) to seek clarification of a question; 14
(b) to challenge an improper question put to the relevant person; 15
(c) to challenge the way in which a question is put; 16
(d) for a lawyer-- 17
(i) to advise the relevant person not to answer any question or 18
any further question; or 19
(ii) to say he or she wishes to give the relevant person further 20
legal advice. 21
before excluding persons unreasonably interfering with 22
Requirements
questioning 23
219.(1) This section applies if a police officer considers a friend, relative, 24
lawyer, support person present during the questioning of a relevant person 25
is unreasonably interfering with the questioning. 26
(2) Before excluding the person from being present during questioning, 27
the police officer must-- 28
(a) warn the person not to interfere with the questioning; and 29
s 220 150 s 221
Police Powers and Responsibilities
(b) give the person 1 further opportunity to stop unreasonably 1
interfering with the questioning; and 2
(c) tell the person that he or she may be excluded from being present 3
during the questioning if he or she continues to interfere 4
unreasonably with the questioning. 5
police officer excludes person from questioning 6
If
220.(1) If a police officer excludes a person from being present during 7
questioning, the police officer must-- 8
(a) if the excluded person was a friend, relative or lawyer--advise the 9
relevant person that he or she may telephone or speak to another 10
friend, relative or lawyer, to ask the person to be present during 11
the questioning; and 12
(b) if the relevant person arranges for another person to be 13
present--delay the questioning for a reasonable time to allow the 14
other person to be present during the questioning. 15
(2) Also, the police officer must arrange for someone else to be present 16
during the questioning if-- 17
(a) the police officer must not question the relevant person without a 18
support person being present because of a requirement under this 19
Act; and 20
(b) the relevant person has not arranged for another person to be 21
present during the questioning. 22
of persons 23
Cautioning
221.(1) A police officer must, before a relevant person is questioned, 24
caution the person in the way required under the responsibilities code. 25
(2) The caution must be given in, or translated into, a language in which 26
the person is able to communicate with reasonable fluency, but need not be 27
given in writing unless the person can not hear adequately. 28
(3) If the police officer reasonably suspects the person does not 29
understand the caution, the officer may ask the person to explain the 30
meaning of the caution in his or her own words. 31
s 222 151 s 223
Police Powers and Responsibilities
(4) If necessary, the police officer must further explain the caution. 1
(5) This section does not apply if another Act requires the person to 2
answer questions put by, or do things required by, the police officer. 3
of information relating to a relevant person 4
Provision
222.(1) This section applies if a relative, friend or lawyer of a relevant 5
person asks for information about the person's whereabouts. 6
(2) A police officer must, if practicable, inform the relevant person of the 7
request and, after doing so, give the information to the person who asked 8
for it. 9
(3) The police officer is not required to disclose the person's whereabouts 10
if-- 11
(a) the relevant person refuses to agree to giving the information and 12
the refusal is in writing or electronically recorded; or 13
(b) the whereabouts of the relevant person-- 14
(i) are not in a register that the police officer may inspect; and 15
(ii) are otherwise not actually known to the police officer. 16
(4) Also, the police officer is not required to inform the relevant person 17
of the request if the police officer reasonably suspects the person asking for 18
the information is not a relative, friend or lawyer of the relevant person. 19
to interpreter 20
Right
223.(1) This section applies if a police officer reasonably suspects a 21
relevant person is unable, because of inadequate knowledge of the English 22
language or a physical disability, to speak with reasonable fluency in 23
English. 24
(2) Before starting to question the person, the police officer must arrange 25
for the presence of an interpreter and delay the questioning or investigation 26
until the interpreter is present. 27
(3) In this section-- 28
s 224 152 s 226
Police Powers and Responsibilities
"investigation" means the process of using investigative methodologies, 1
other than fingerprinting, searching or taking photos of the person, that 2
involve interaction by a police officer with the person, for example, an 3
examination or the taking of samples from the person. 4
of visiting foreign national to communicate with embassy etc. 5
Right
224.(1) This section applies to a relevant person who is not-- 6
(a) an Australian citizen; or 7
(b) a foreign national with a right of residence in Australia. 8
(2) Before a police officer starts to question the person, the police officer 9
must inform the person that he or she may telephone, or attempt to 10
telephone, the embassy or consular office of the country of which the 11
person is a citizen. 12
(3) If the person wishes to telephone the appropriate embassy or consular 13
office, the police officer must-- 14
(a) as soon as practicable, make available to the person reasonable 15
facilities for the purpose; and 16
(b) delay the questioning for a reasonable time to allow the person to 17
telephone, or attempt to telephone, the appropriate embassy or 18
consular office. 19
of a person to be electronically recorded 20
Rights
225. A police officer who is required under this division to give to a 21
relevant person information (including a caution) must, if practicable, 22
electronically record the giving of the information to the person and the 23
person's response. 24
5--Recording of questioning 25
Division
of questioning etc. 26
Recording
226.(1) This section applies to the questioning of a relevant person. 27
(2) The questioning must, if practicable, be electronically recorded. 28
s 227 153 s 227
Police Powers and Responsibilities
1
Examples for subsection (2)--
2
1. It may be impracticable to electronically record a confession or admission of a
3
murderer who telephones police about the murder and immediately confesses to it
4
when a police officer arrives at the scene of the murder.
5
2. It may be impracticable to electronically record a confession or admission of
6
someone who has committed an armed hold-up, is apprehended after pursuit, and
7
makes a confession or admission immediately after being apprehended.
8
3. Electronically recording a confession or admission may be impracticable
9
because the confession or admission is made to a police officer when it is not
10
reasonably practicable to use recording facilities.
(3) If the person makes a confession or admission to a police officer 11
during the questioning, the confession or admission is admissible in 12
evidence against the person in a proceeding only if it is recorded as required 13
by subsection (4) or section 227. 14
(4) If the confession or admission is electronically recorded, the 15
confession or admission must be part of a recording of the questioning of 16
the person and anything said by the person during questioning of the 17
person. 18
for written record of confession or admission 19
Requirements
227.(1) This section applies if a record of a confession or admission is 20
written. 21
(2) The way the written record of the confession or admission is made 22
must comply with subsections (3) to (7). 23
(3) While questioning the relevant person, or as soon as reasonably 24
practicable afterwards, a police officer must make a written record in 25
English of the things said by or to the person during questioning, whether 26
or not through an interpreter. 27
(4) As soon as practicable after making the record-- 28
(a) it must be read to the person in English and, if the person used 29
another language during questioning, the language the person 30
used; and 31
(b) the person must be given a copy of the record. 32
s 228 154 s 228
Police Powers and Responsibilities
(5) Before reading the record to the person, an explanation, complying 1
with the responsibilities code, must be given to the person of the procedure 2
to be followed to comply with this section. 3
(6) The person must be given the opportunity, during and after the 4
reading, to draw attention to any error in or omission from the record he or 5
she claims were made in the written record. 6
(7) An electronic recording must be made of the reading mentioned in 7
subsection (4) and everything said by or to the person during the reading, 8
and anything else done to comply with this section. 9
to electronic recordings of questioning etc. 10
Access
228.(1) This section applies to the electronic record of the questioning, 11
confession or admission, or confirmation of a confession or admission, of a 12
relevant person that is made under section 226 or 227(7). 13
(2) A police officer must, without charge-- 14
(a) if the recording is-- 15
(i) an audio recording only--make a copy of the recording 16
available to the person or the person's lawyer within 7 days 17
after making the recording; or 18
(ii) a video recording only--make a copy of the recording 19
available to the person or the person's lawyer within 14 days 20
after making the recording; or 21
(b) if both audio and video recordings were made-- 22
(i) make a copy of the audio recording available to the person or 23
the person's lawyer within 7 days after making the 24
recording; and 25
(ii) notify the person or the person's lawyer that, if the person 26
asks, an opportunity will be provided to view the video 27
recording; or 28
(c) if a transcript of an audio recording is made--on request, give to 29
the person or the person's lawyer a copy of the transcript. 30
(3) Subsection (2) applies subject to any other Act. 31
s 229 155 s 231
Police Powers and Responsibilities
of records of questioning etc. 1
Admissibility
229.(1) Despite sections 226 and 227, the court may admit a record of 2
questioning or a record of a confession or admission (the "record") in 3
evidence even though the court considers this division has not been 4
complied with or there is not enough evidence of compliance. 5
(2) However, the court may admit the record only if, having regard to the 6
nature of and the reasons for the noncompliance and any other relevant 7
matters, the court is satisfied, in the special circumstances of the case, 8
admission of the evidence would be in the interests of justice. 9
Division 6--General 10
of support persons and interpreters 11
List
230.(1) The commissioner must keep a list of support persons and 12
interpreters or, if an organisation provides interpreter services at a particular 13
place, organisations providing interpreter services at the place. 14
(2) The commissioner must revise the list at the times the commissioner 15
considers appropriate. 16
(3) The list must specify the languages that each person on the list is able 17
to understand and speak. 18
sections 212216, 222 and 224 do not apply 19
When
231.(1) Sections 212 to 216, 222 and 22442 do not apply if a police 20
officer reasonably suspects that compliance with the sections is likely to 21
result in-- 22
(a) an accomplice or accessory of the relevant person taking steps to 23
avoid apprehension; or 24
42 Sections 212 (Right to communicate with friend, relative or lawyer), 213
(Speaking to and presence of friend, relative or lawyer), 214 (Questioning of
aboriginal people and Torres Strait islanders), 215 (Questioning of children), 216
(Questioning of persons with impaired capacity), 222 (Provision of information
relating to a relevant person) and 224 (Right of visiting foreign national to
communicate with embassy, etc.)
s 232 156 s 232
Police Powers and Responsibilities
(b) an accomplice or accessory being present during questioning; or 1
(c) evidence being concealed, fabricated or destroyed; or 2
(d) a witness being intimidated. 3
(2) Also, a police officer is not required to delay questioning if, having 4
regard to the safety of other people, the police officer reasonably suspects 5
questioning is so urgent that it should not be delayed. 6
(3) This section applies only for so long as the police officer has the 7
reasonable suspicion. 8
CHAPTER 7--POWERS IN RELATION TO 9
PERSONS IN CUSTODY 10
ART 1--SEARCH OF PERSONS IN CUSTODY 11
P
of persons in custody 12
Search
232.(1) This section applies if a person-- 13
(a) is lawfully arrested; or 14
(b) is in lawful custody for an offence that has not been decided; or 15
(c) is in custody under a sentence for a term of imprisonment or, for 16
a child, a detention order; or 17
(d) is otherwise lawfully detained under another Act. 18
19
Examples for paragraph (b)--
20
1. The person may be in lawful custody because bail has been refused or revoked
21
or a condition of bail is contravened.
22
2. The person may be in lawful custody pending the satisfaction of a condition on
23
which the person is to be released on bail.
(2) A police officer may search and re-search a person to whom this 24
section applies. 25
s 233 157 s 233
Police Powers and Responsibilities
(3) A police officer may seize from the person anything found on the 1
search that the police officer reasonably suspects may provide evidence of 2
the commission of an offence. 3
(4) Also, the police officer may take and retain, while the person is in 4
custody-- 5
(a) anything that may endanger anyone's safety, including the 6
person's safety; or 7
(b) anything that may be used for an escape; or 8
(c) anything else the police officer reasonably considers should be 9
kept in safe custody while the person is in custody. 10
PART 2--GATHERING INFORMATION FOR 11
IDENTIFYING SUSPECTS 12
Division 1--Taking identifying particulars 13
identifying particulars of person in custody 14
Taking
233.(1) If a person is in custody for an identifying particulars offence that 15
has not been decided, a police officer may take or photograph all or any of 16
the person's identifying particulars. 17
(2) Also, if the person is to be released after arrest for the offence, a 18
police officer may detain the person for the time reasonably necessary to 19
take or photograph all or any of the person's identifying particulars. 20
(3) Further, if the offence involves the conduct of a number of persons 21
acting alone or together, a police officer may photograph the person at the 22
scene of the arrest before taking or photographing all or any of the person's 23
identifying particulars. 24
s 234 158 s 235
Police Powers and Responsibilities
identifying particulars--proceedings started by notice to 1
Taking
appear or complaint and summons 2
234.(1) This section applies if a police officer decides to start a 3
proceeding against a person other than a child for an identifying particulars 4
offence by notice to appear or complaint and summons. 5
(2) Before or immediately after serving the notice to appear or complaint 6
and summons, a police officer may detain the person for the time 7
reasonably necessary to take or photograph all or any of the person's 8
identifying particulars and take or photograph those particulars. 9
particulars notice may be given 10
Identifying
235.(1) This section applies if a police officer starts or continues a 11
proceeding against a person other than a child for an identifying particulars 12
offence by notice to appear or complaint and summons and decides it is not 13
necessary to immediately take the particulars. 14
(2) A police officer may, by written notice ("identifying particulars 15
notice"), require the person to report to a police officer at a stated police 16
station between stated hours within 7 days after the issue of the notice to 17
enable a police officer to take or photograph all or any of the person's 18
identifying particulars. 19
(3) An identifying particulars notice-- 20
(a) must state-- 21
(i) it is an offence to fail to comply with the notice; and 22
(ii) that, before the particulars are taken, the person must 23
produce satisfactory evidence of his or her identity; and 24
(b) must be given to the person with the notice to appear or complaint 25
and summons; and 26
(c) may be proved to have been given to the person on oath or by 27
deposition under the Justices Act 1886, section 56(3). 28
s 236 159 s 236
Police Powers and Responsibilities
(4) The police officer giving the notice must warn the person it is an 1
offence to contravene a requirement under subsection (2).43 2
(5) If a person attends at a police station as required under an identifying 3
particulars notice, a police officer may take or photograph all or any of the 4
person's identifying particulars. 5
may order taking of identifying particulars 6
Court
236.(1) This section applies if, in a proceeding for a charge of an 7
identifying particulars offence against a person other than a child, a court is 8
satisfied it is necessary to take or photograph the person's identifying 9
particulars to help-- 10
(a) identify the person in relation to the offence or another offence the 11
person is suspected to have committed; or 12
(b) confirm the person's identity; or 13
(c) find out the person's criminal history; or 14
(d) keep criminal records. 15
(2) The court may order-- 16
(a) that the person charged be held in custody for up to 1 hour to 17
enable a police officer to take or photograph all or any of the 18
person's identifying particulars; or 19
(b) that the person report to a police officer at a stated police station 20
between stated hours within 7 days to enable a police officer to 21
take or photograph all or any of the person's identifying 22
particulars. 23
(3) Any police officer may take or photograph all or any of the person's 24
identifying particulars. 25
43 For the offence, see section 357 (Offence to contravene direction or requirement
of police officer).
s 237 160 s 238
Police Powers and Responsibilities
of identifying particulars 1
Destruction
237.(1) If a person is found not guilty of an identifying particulars 2
offence or is not further proceeded against, any identifying particulars taken 3
in relation to the offence must be destroyed within a reasonable time in the 4
presence of a justice, unless-- 5
(a) the person has been proceeded against on a charge of another 6
identifying particulars offence that has not been decided; or 7
(b) the person has been found guilty of another identifying particulars 8
offence; or 9
(c) the identifying particulars are required for the investigation of 10
another identifying particulars offence the person is reasonably 11
suspected of having committed; or 12
(d) the person is not proceeded against because he or she has been 13
found incapable of standing trial because of mental illness. 14
(2) If a delay in the destruction of identifying particulars happens because 15
of either of the following, the identifying particulars must be destroyed 16
within a reasonable time-- 17
(a) the person has been proceeded against on a charge of another 18
identifying particulars offence that has not been decided and the 19
person is found not guilty of the offence; or 20
(b) the person has been proceeded against on a charge of another 21
identifying particulars offence that has not been decided and the 22
charge of the offence is not proceeded with. 23
(3) However, the identifying particulars must not be destroyed under 24
subsection (2) if subsection (1) continues to apply to the person. 25
Division 2--Identifying suspects 26
of suspects 27
Identification
238.(1) It is lawful for a police officer to use 1 or more of the following 28
procedures to help gather evidence of the identity of a person suspected of 29
having committed an offence-- 30
(a) an identification parade; 31
s 239 161 s 240
Police Powers and Responsibilities
(b) a photo board containing at least 12 photos of people of similar 1
appearance, 1 of whom is the person suspected of having 2
committed the offence; 3
(c) videotape; 4
(d) computer generated images. 5
(2) The police officer must comply with the procedures in the 6
responsibilities code for identification procedures. 7
(3) The police officer may ask a person to take part in an identification 8
parade. 9
(4) The person may refuse to take part in the parade. 10
(5) This section does not limit the procedures a police officer may use to 11
help gather evidence of the identity of a person suspected of having 12
committed an offence. 13
PART 3--MEDICAL AND DENTAL PROCEDURES 14
Division 1--Preliminary 15
of pt 3 16
Application
239. This part applies to a person ("relevant person") who is suspected 17
of having committed an indictable offence, whether or not the person has 18
been charged with the offence. 19
or approval needed for performing medical or dental 20
Consent
procedure under this part 21
240. A police officer must not require a doctor or dentist to perform a 22
medical or dental procedure on a relevant person under this part without the 23
consent of the person on whom it is to be performed or a magistrate's 24
approval. 25
s 241 162 s 242
Police Powers and Responsibilities
to interpreter 1
Right
241.(1) This section applies if a police officer reasonably suspects a 2
relevant person is unable, because of inadequate knowledge of the English 3
language or a physical disability, to speak with reasonable fluency in 4
English. 5
(2) Before taking any action under this part, other than applying for an 6
approval under division 3, the police officer must arrange for the presence 7
of an interpreter and delay taking the action until the interpreter is present. 8
must be told of need for consent or approval 9
Person
242.(1) Before a police officer asks a doctor or dentist to perform a 10
medical or dental procedure under this part, a police officer must tell the 11
relevant person on whom it is to be performed-- 12
(a) the act can not be done without the person's consent or a 13
magistrate's approval; and 14
(b) that the person has the right to have 2 people of his or her choice 15
present while it is being done; and 16
(c) that he or she may-- 17
(i) telephone or speak to a friend or relative to inform the person 18
of his or her whereabouts and ask the person to be present 19
during the performance of the procedure; and 20
(ii) telephone or speak to a lawyer of the person's choice and 21
arrange, or attempt to arrange, for the lawyer to be present 22
during the performance of the procedure. 23
(2) The police officer must delay performing the procedure for a 24
reasonable time to allow the person to telephone or speak to a person 25
mentioned in subsection (1)(c). 26
(3) The relevant person must pay the cost of the independent person's 27
attendance. 28
(4) If the relevant person arranges for someone to be present, the police 29
officer must delay the performing the procedure for a reasonable time to 30
allow the other person to arrive. 31
s 243 163 s 243
Police Powers and Responsibilities
(5) What is a reasonable time to delay the performance of the procedure 1
to allow a friend, relative or lawyer to arrive at the place will depend on the 2
particular circumstances, including, for example-- 3
(a) how far the person has to travel to the place; and 4
(b) when the person indicated he or she would arrive at the place. 5
(6) What is a reasonable time to delay the performance of the procedure 6
to allow the person to speak to a friend, relative or lawyer will depend on the 7
particular circumstances, including, for example, the person's age and the 8
nature of the proposed procedure. 9
(7) Unless special circumstances exist, a delay of more than 2 hours may 10
be unreasonable. 11
(8) Nothing in this section requires-- 12
(a) a person in whose custody another person is to deliver the person 13
to the place where the procedure is to be performed; or 14
(b) a police officer to allow a person who the police officer 15
reasonably suspects is an accomplice or accessory to be present 16
while the procedure is being performed. 17
to and presence of friend, relative or lawyer 18
Speaking
243.(1) If the relevant person asks to speak to a friend, relative or lawyer, 19
the investigating police officer must-- 20
(a) as soon as practicable, provide reasonable facilities to enable the 21
person to speak to the other person; and 22
(b) if the other person is a lawyer and it is reasonably 23
practicable--allow the relevant person to speak to the lawyer in 24
circumstances in which the conversation can not be overheard. 25
(2) If the relevant person arranges for another person to be present during 26
performance of the procedure, the investigating police officer must also 27
allow the other person to be present and give advice to the relevant person 28
during the performance of the procedure. 29
(3) If the police officer considers the other person is unreasonably 30
interfering with the performance of the procedure, the police officer may 31
exclude the person from being present during performance of the procedure. 32
s 244 164 s 246
Police Powers and Responsibilities
consent requirement for children and persons with impaired 1
Special
capacity 2
244.(1) This section applies if the relevant person on whom a medical or 3
dental procedure is proposed to be performed is a child or a person with 4
impaired capacity. 5
(2) Consent to the performance of a medical or dental procedure on the 6
person must be given in the presence of a support person. 7
of independent person not to affect lawfulness of custody etc. 8
Absence
245. The lawfulness of the detention in custody of a relevant person or of 9
the performance of a medical or dental procedure is not affected by the 10
absence, while the procedure is being performed, of an independent person 11
the relevant person wishes to have present if-- 12
(a) after having indicated that he or she is willing and able to 13
attend--the independent person fails to attend within a reasonable 14
time; or 15
(b) evidence is likely to be lost or destroyed if the medical or dental 16
procedure is delayed to allow the independent person to attend. 17
before excluding persons unreasonably interfering with 18
Requirements
performance of medical or dental procedure 19
246.(1) This section applies if a friend, relative, lawyer, or support person 20
present while a medical or dental procedure is being performed on a relevant 21
person unreasonably interferes with the performance of the procedure. 22
(2) Before excluding the person from being present while the procedure 23
is being performed, the police officer must-- 24
(a) warn the person not to interfere with the performance of the 25
procedure; and 26
(b) give the person 1 further opportunity to stop unreasonably 27
interfering; and 28
(c) tell the person that he or she may be excluded from being present 29
if he or she continues to interfere unreasonably with the 30
performance of the procedure. 31
s 247 165 s 249
Police Powers and Responsibilities
police officer excludes person from performance of medical or dental 1
If
procedure 2
247.(1) If a police officer excludes a person from being present while a 3
medical or dental procedure is being performed, the police officer must-- 4
(a) if the person excluded is a friend, relative or lawyer--advise the 5
relevant person that he or she may telephone or speak to another 6
friend, relative or lawyer, to ask the person to be present while the 7
procedure is being performed; and 8
(b) if the relevant person arranges for another person to be 9
present--delay the performance of the procedure for a reasonable 10
time to allow the other person to be present during the 11
performance of the procedure. 12
(2) Also, the police officer must arrange for someone else to be present 13
while the procedure is being performed if-- 14
(a) the relevant person is a child or a person with impaired capacity; 15
and 16
(b) the relevant person has not arranged for another person to be 17
present while the procedure is being performed. 18
Division 2--Performing medical or dental procedures with consent 19
to be recorded 20
Consent
248.(1) This section applies if the relevant person consents to a medical 21
or dental procedure being performed on the person under this section. 22
(2) The consent must be written or electronically recorded. 23
powers 24
Doctor's
249.(1) A doctor may do any of the following that may provide evidence 25
of the commission of the relevant offence-- 26
(a) examine the relevant person's body, including the orifices of the 27
person's body; 28
(b) take samples of the relevant person's blood, saliva or hair; 29
s 250 166 s 250
Police Powers and Responsibilities
(c) if a police officer requires the relevant person to provide a sample 1
of the person's urine--ask the person to provide the sample; 2
(d) collect from the relevant person's body, including the orifices of 3
the person's body, any substance or thing. 4
(2) The doctor may, as part of anything done under subsection (1), 5
photograph anything relevant to the examination. 6
(3) If help is needed to do anything mentioned in subsection (1), the 7
doctor may ask other persons to give reasonably necessary help. 8
(4) However, the person helping the doctor must not do anything 9
mentioned in subsection (1), unless the person is-- 10
(a) a person of the same sex as the relevant person; or 11
(b) a doctor; or 12
(c) if a person of the same sex as the relevant person or a doctor can 13
not reasonably be called on to give the necessary help--anyone 14
else who is asked to help and acts at the doctor's direction. 15
(5) It is lawful for a doctor and a person helping the doctor under this 16
section to use reasonably necessary force for the purpose of doing a thing 17
mentioned in subsection (1). 18
(6) The doctor and anyone helping the doctor must immediately stop 19
performing a procedure if the relevant person withdraws consent. 20
(7) However, withdrawal of consent does not affect the admissibility in 21
evidence of anything observed, taken or collected before the consent was 22
withdrawn. 23
powers 24
Dentist's
250.(1) A dentist may do any of the following that may provide evidence 25
of the commission of the offence-- 26
(a) examine the relevant person's mouth; 27
(b) take samples of the relevant person's saliva; 28
(c) take dental impressions of the relevant person's mouth; 29
(d) examine any bite mark on the relevant person. 30
s 251 167 s 252
Police Powers and Responsibilities
(2) The dentist may, as part of anything done under subsection (1), 1
photograph anything the dentist considers relevant for the purpose. 2
(3) If help is needed to do anything mentioned in subsection (1), the 3
dentist may ask other persons to give reasonably necessary help. 4
(4) It is lawful for a dentist and a person helping the dentist under this 5
section to use reasonably necessary force for the purpose of doing a thing 6
mentioned in subsection (1). 7
(5) The dentist and anyone helping the dentist must immediately stop 8
doing anything authorised by this section if the relevant person withdraws 9
consent. 10
(6) However, withdrawal of consent does not affect the admissibility in 11
evidence of anything observed, taken or collected before the consent was 12
withdrawn. 13
Division 3--Performing medical or dental procedures without consent 14
of div 3 15
Application
251. This division applies if the relevant person is in custody for an 16
indictable offence whether or not the person has been charged with the 17
offence. 18
19
Examples--
20
1. A person arrested under section 163 for investigation of an indictable offence.
21
2. A person serving a period of imprisonment for an offence who is charged with
22
another indictable offence.
for order for performance of medical or dental procedure 23
Application
252.(1) A police officer may apply to a magistrate for an order 24
authorising the performance of a medical or dental procedure on a relevant 25
person in custody whether or not the person has consented to the procedure. 26
(2) The application must be sworn and state the grounds on which it is 27
made. 28
s 253 168 s 255
Police Powers and Responsibilities
(3) The magistrate may refuse to consider the application until the police 1
officer gives the magistrate all the information the magistrate requires about 2
the application in the way the magistrate requires. 3
4
Example--
5
The magistrate may require additional information supporting the application to be
6
given by statutory declaration.
of order 7
Making
253.(1) The magistrate may make an order authorising the performance 8
of a medical or dental procedure on a relevant person only if satisfied there 9
are reasonable grounds for believing performing the procedure may provide 10
evidence of the commission of the offence. 11
(2) The order-- 12
(a) must state-- 13
(i) the name of the relevant person; and 14
(ii) whether the order authorises the performance of medical or 15
dental procedures or both medical and dental procedures; and 16
(b) may state that the relevant person may be taken to a stated 17
appropriate place for the performance of the procedure. 18
of order to be given to person 19
Copy
254. If a medical or dental procedure is to be done under the magistrate's 20
order, the police officer must give to the relevant person and the doctor or 21
dentist a copy of the order. 22
medical procedures without consent 23
Performing
255.(1) This section applies if-- 24
(a) a magistrate authorises the performance of medical procedures on 25
a relevant person; and 26
(b) a police officer asks a doctor to perform the procedures. 27
(2) A doctor acting in good faith may do any of the following that may 28
provide evidence of the commission of the offence-- 29
s 256 169 s 256
Police Powers and Responsibilities
(a) examine the person's body, including the orifices of the person's 1
body; 2
(b) take samples of the person's blood, saliva or hair; 3
(c) require the person to provide a sample of the person's urine; 4
(d) collect from the person's body, including the orifices of the 5
person's body, any substance or thing if collecting it would be 6
unlikely to cause grievous bodily harm to the person if the person 7
cooperates with the doctor. 8
(3) The doctor may, as part of the examination of the person's body, 9
photograph anything relevant to the examination. 10
(4) If help is needed to perform the relevant procedure, the doctor may 11
ask other persons to give reasonably necessary help. 12
(5) However, the person helping the doctor must not perform a 13
procedure under subsection (2), unless the person is-- 14
(a) a person of the same sex as the relevant person; or 15
(b) a doctor; or 16
(c) if a person mentioned in paragraph (a) or (b) can not reasonably 17
be called on to give the necessary help--anyone else who is asked 18
to help and acts at the doctor's direction. 19
(6) It is lawful for a doctor and a person helping a doctor under this 20
section to use reasonably necessary force for the purpose of doing a thing 21
mentioned in subsection (2). 22
dental procedures without consent 23
Performing
256.(1) This section applies if-- 24
(a) a magistrate authorises the performance of dental procedures on a 25
relevant person; and 26
(b) a police officer asks a dentist to perform the procedures. 27
(2) A dentist acting in good faith may do any of the following that may 28
provide evidence of the commission of the offence-- 29
(a) examine the person's mouth; 30
s 257 170 s 258
Police Powers and Responsibilities
(b) take samples of the person's saliva; 1
(c) take dental impressions of the person's mouth; 2
(d) examine any bite mark on the person. 3
(3) The dentist may, as part of anything done under subsection (2), 4
photograph anything the dentist considers relevant for the purpose. 5
(4) If help is needed to do anything mentioned in subsection (2), the 6
dentist may ask other persons to give reasonably necessary help. 7
(5) It is lawful for a dentist and a person helping the dentist to use 8
reasonably necessary force for the purpose of doing a thing mentioned in 9
subsection (2). 10
4--Miscellaneous 11
Division
to analyse samples 12
Power
257.(1) It is lawful for a person to analyse any sample, substance, thing, 13
impression or photograph taken under this part. 14
(2) It is lawful for a police officer to keep the results of anything done 15
under subsection (1) for use in a proceeding for an offence. 16
and test results to be given to person 17
Samples
258.(1) A person who takes or collects a sample or other thing from 18
another person must give to the other person, or someone nominated by that 19
person for the purpose, a part of the sample or thing or an equivalent sample 20
or thing for the other person's own purposes. 21
(2) However, subsection (1) does not apply if-- 22
(a) it is not practicable to give an equivalent sample to the person; or 23
(b) an equivalent sample for the purpose may be taken from the 24
person's body at any time. 25
26
Example for paragraph (a)--
27
The size of the sample taken is too small to effectively provide the person with an
28
equivalent sample.
s 259 171 s 260
Police Powers and Responsibilities
1
Example for paragraph (b)--
2
A sample of blood taken for a DNA analysis of that person.
(3) Also, if a doctor takes a sample or thing and the doctor considers 3
complying with subsection (1) may be inappropriate because, for example, 4
the sample or thing may be used to transmit a communicable disease, the 5
doctor may instead send, at the person's expense, the sample or thing to a 6
doctor nominated by the person or the person's lawyer for safe custody. 7
(4) If the person does not nominate a doctor, the doctor taking the sample 8
or thing need not provide the sample or thing and the sample or thing 9
intended to be given to the person may be destroyed. 10
(5) As soon as reasonably practicable after a police officer is given the 11
results of any test conducted using a sample or other thing taken or collected 12
under this part, the police officer must give to the person to whom the 13
results relate, or someone nominated by the person, a copy of the results. 14
CHAPTER 8--OTHER POWERS 15
PART 1--DIRECTIONS IN STATE BUILDINGS 16
1--Screening of entrants to state buildings 17
Division
to require reasons for entry to state building 18
Power
259. A police officer may require an entrant to a state building to state the 19
entrant's reason for being in, or about to enter, the building. 20
of electronic screening devices in state buildings 21
Use
260.(1) This section applies if the system for the security of a state 22
building involves the use of 1 or more of the following electronic screening 23
devices-- 24
s 261 172 s 261
Police Powers and Responsibilities
(a) a walk-through detector; 1
(b) an X-ray machine; 2
(c) a hand held scanner. 3
(2) A police officer may ask the entrant to do 1 or more of the 4
following-- 5
(a) to walk through a walk-through detector; 6
(b) to pass the entrant's belongings through an X-ray machine; 7
(c) to allow the police officer to pass a hand held scanner in close 8
proximity to the entrant; 9
(d) to allow the police officer to pass a hand held scanner in close 10
proximity to the entrant's belongings. 11
officer may ask entrant to remove outer garment etc. 12
Police
261.(1) This section applies if-- 13
(a) a police officer reasonably considers it necessary to make a 14
request under subsection (2) in relation to an entrant or the 15
entrant's belongings, whether or not the entrant or belongings 16
have been subjected to electronic screening; and 17
(b) the police officer tells the entrant the reasons for making the 18
request. 19
(2) The police officer may ask the person to do 1 or more of the 20
following-- 21
(a) allow the police officer to inspect the entrant's belongings; 22
(b) remove 1 or more outer garments worn by the entrant as specified 23
by the police officer and allow the police officer to inspect the 24
garments; 25
(c) remove all articles from the entrant's clothing and allow the police 26
officer to inspect them; 27
(d) open an article for inspection and allow the police officer to 28
inspect it; 29
s 262 173 s 264
Police Powers and Responsibilities
(e) open a vehicle or a part of it for inspection and allow the police 1
officer to inspect it; 2
(f) remove an article from the vehicle as specified by the police 3
officer and allow the police officer to inspect it. 4
(3) A police officer may touch a garment the entrant is wearing only if 5
the police officer is the same sex as the entrant. 6
(4) In this section-- 7
"inspect", an article, includes handle the article, open it and examine its 8
contents. 9
by police officer to leave building 10
Direction
262. A police officer may direct an entrant to leave a state building 11
immediately, and to take the entrant's belongings out of the building, if the 12
entrant fails-- 13
(a) to state the person's reasons for being in or about to enter the 14
building; or 15
(b) to allow a police officer to exercise a power under section 260 or 16
261. 17
to search person or vehicle without warrant not affected 18
Power
263. This division does not affect the powers a police officer has under 19
this Act to search a person or vehicle without a warrant. 20
2--Miscellaneous powers for div 1 21
Division
of proscribed things 22
Seizure
264. A police officer may seize a proscribed thing found in the 23
possession of a person in a state building, unless the person is lawfully in 24
possession of it in the course of the person's trade, business or calling. 25
s 265 174 s 268
Police Powers and Responsibilities
of entry to and removal from building 1
Refusal
265. If a person fails to comply with a request made or a direction given 2
under division 1 or fails to satisfy a police officer that the person has a good 3
and lawful reason to be in a particular state building then, unless the person 4
is arrested for a contravention of section 35744-- 5
(a) if the person is in the state building--the police officer may 6
remove the person from the state building; or 7
(b) if the person is about to enter the state building--the police officer 8
may prevent the person from entering the state building. 9
PART 2--PRESERVING SAFETY FOR SPECIAL 10
EVENTS 11
Division 1--Preliminary 12
of pt 2 13
Application
266. This part applies only to special events. 14
of pt 2 15
Purpose
267. The purpose of this part is to state special provisions necessary for 16
preserving public order and safety for individuals involved in special events 17
and the safety of other individuals at special event sites. 18
Division 2--Declaration of special events 19
of special event 20
Declaration
268.(1) A regulation may declare an event to be a special event for this 21
part. 22
44 Section 357 (Offence to contravene direction or requirement of police officer)
s 269 175 s 269
Police Powers and Responsibilities
(2) The regulation must-- 1
(a) describe the event and the special event site; and 2
(b) state the period for which the special event declaration is in force; 3
and 4
(c) state the places, if any, at which an authorised person may 5
exercise specified powers under division 5; and 6
(d) state anything a person is prohibited from bringing onto the 7
special event site ("prohibited item"); and 8
(e) state any restrictions that apply to access to a part of the special 9
event site; and 10
(f) state any conditions, decided by the Minister, that apply to entry to 11
the special event site or any part of it. 12
for declaring special events 13
Requirements
269. Before an event is declared to be a special event, the Minister must 14
be satisfied-- 15
(a) the declaration is necessary for preserving public order and the 16
safety of individuals involved in the event and other individuals 17
because of-- 18
(i) the nature of the event; or 19
(ii) the status in the international community of persons involved 20
in the event; or 21
(iii) the State's obligations for holding the event; and 22
(b) either-- 23
(i) there is a reasonable likelihood that the event may be 24
disrupted if the powers in division 5 are not exercised; or 25
(ii) the exercise of the powers is necessary because of the need 26
to protect persons involved in or at the event; or 27
(iii) the exercise of the powers is required as a condition of 28
holding the event in Queensland. 29
s 270 176 s 273
Police Powers and Responsibilities
of declaration to be given 1
Notice
270.(1) As soon as practicable, but no later than 7 days after a site is 2
declared to be a special event site, the Minister must give notice of the 3
making of declaration and the effect of the declaration in a newspaper 4
circulating generally in the State. 5
(2) Failure to comply with subsection (1) does not invalidate the 6
declaration. 7
Division 3--Statutory conditions relating to entry to special event sites 8
conditions of entry 9
Statutory
271. It is a condition of entry to a special event site that an entrant to the 10
site-- 11
(a) must, if asked, permit a search to be made of his or her personal 12
property; and 13
(b) must, if asked, permit a frisk search to be made of his or her 14
person; and 15
(c) must not take into or possess on the site a prohibited item. 16
condition about restricted areas 17
Statutory
272. The organiser of the special event must ensure reasonable steps are 18
taken to inform the public of the limits of a restricted area at the site, 19
whether by signs or otherwise. 20
4--Appointment of authorised persons 21
Division
of authorised persons 22
Appointment
273.(1) The commissioner may appoint a person to be an authorised 23
person for this part. 24
(2) The commissioner may appoint a person to be an authorised person 25
only if-- 26
s 274 177 s 274
Police Powers and Responsibilities
(a) the commissioner believes the person has the necessary expertise 1
or experience to be an authorised person for this part; or 2
(b) the person has satisfactorily completed a course of training 3
approved by the commissioner. 4
(3) The appointment-- 5
(a) must state the powers the authorised person may exercise under 6
this part and when and where they may be exercised; and 7
(b) may limit the powers of the authorised person by stating 8
conditions in the instrument of appointment. 9
10
Example for subsection (3)(b)--
11
The commissioner may impose a condition requiring the authorised person to
12
comply with any reasonable direction of a police officer.
card 13
Identity
274.(1) The commissioner must give each authorised person an identity 14
card. 15
(2) However, if the event is organised by someone other than the State, 16
the commissioner may require the event organiser to issue the identity card. 17
(3) The identity card must-- 18
(a) contain a recent photograph of the authorised person; and 19
(b) be signed by the person; and 20
(c) identify the person as an authorised person for this part; and 21
(d) include an expiry date; and 22
(e) state a unique number. 23
(4) A person who ceases to be an authorised person must return the 24
person's identity card to the commissioner or, if the identity card is issued 25
by an event organiser, the event organiser, as soon as practicable (but within 26
21 days) after the person ceases to be an authorised person, unless the 27
person has a reasonable excuse. 28
Maximum penalty for subsection (4)--10 penalty units. 29
s 275 178 s 277
Police Powers and Responsibilities
or display of authorised person's identity card 1
Production
275.(1) An authorised person may exercise a power in relation to 2
someone else only if-- 3
(a) the authorised person first produces his or her identity card for the 4
person's inspection; or 5
(b) the authorised person has the officer's identity card displayed so it 6
is clearly visible to the other person. 7
(2) However, if for any reason it is not practicable to comply with 8
subsection (1) before exercising the power, the authorised person must 9
produce the identity card for inspection by the person as soon as it is 10
practicable. 11
5--Powers for special event sites 12
Division
to require reasons for entry to special event site 13
Power
276.(1) A police officer or an authorised person may ask an entrant to a 14
special event site to state the person's reason for being in, or about to enter, 15
the site. 16
(2) If the person fails to comply with the request, the police officer or 17
authorised person must warn the entrant the entrant may be prevented from 18
entering the site or removed from the site, unless the entrant has a 19
reasonable excuse. 20
(3) This section applies to an authorised person only if a condition of the 21
person's appointment states this section applies to the person. 22
of electronic screening devices at special event site 23
Use
277.(1) This section applies if the security system for a special event site 24
involves the use of 1 or more of the following electronic screening 25
devices-- 26
(a) a walk-through detector; 27
(b) an X-ray machine; 28
(c) a hand held scanner. 29
s 278 179 s 278
Police Powers and Responsibilities
(2) A police officer or an authorised person may ask an entrant to the site 1
to do 1 or more of the following-- 2
(a) to walk through a walk-through detector; 3
(b) to pass the entrant's belongings through an X-ray machine; 4
(c) to allow the police officer or authorised person to pass a hand held 5
scanner in close proximity to the entrant; 6
(d) to allow the police officer or authorised person to pass a hand held 7
scanner in close proximity to the entrant's belongings. 8
officer or authorised person may ask entrant to remove outer 9
Police
garment etc. 10
278.(1) This section applies if-- 11
(a) a police officer or authorised person ("security official") 12
reasonably considers it necessary to make a request under 13
subsection (2) in relation to an entrant or the entrant's belongings, 14
whether or not the entrant or belongings have been subjected to 15
electronic screening; and 16
(b) the security official tells the entrant the reason for making the 17
request. 18
(2) The security official may ask the person to do 1 or more of the 19
following-- 20
(a) allow the official person to inspect the entrant's belongings; 21
(b) remove 1 or more outer garments worn by the entrant as specified 22
by the official and allow the official to inspect the garments; 23
(c) remove all articles from the entrant's clothing and allow the 24
official to inspect them; 25
(d) open an article for inspection and allow the official to inspect it; 26
(e) open a vehicle or a part of it for inspection and allow the official to 27
inspect it; 28
(f) remove an article from the vehicle as specified by the official and 29
allow the official to inspect it. 30
s 279 180 s 280
Police Powers and Responsibilities
(3) An official may touch a garment the entrant is wearing only if the 1
official is the same sex as the entrant. 2
(4) This section applies to an authorised person only if a condition of the 3
person's appointment states this section applies to the person. 4
(5) In this section-- 5
"inspect", an article, includes handle the article, open it and examine its 6
contents. 7
search of persons 8
Frisk
279. A police officer may ask an entrant to a special event site to permit a 9
frisk search to be made of his or her person.45 10
of entry to and removal from site 11
Refusal
280.(1) This section applies if-- 12
(a) an entrant fails to comply with a request made under this division; 13
or 14
(b) an entrant fails to satisfy a police officer or an authorised person 15
that the entrant has a good and lawful reason to be at the special 16
event site or a particular part of it; or 17
(c) a police officer or an authorised person reasonably suspects an 18
entrant has contravened a provision of division 6. 19
(2) Unless the entrant is arrested for a contravention of division 6 or 20
section 35746-- 21
(a) if the entrant has entered the special event site--a police officer or 22
an authorised person may remove the entrant from the site; or 23
(b) if the person is about to enter the special event site--a police 24
officer or an authorised person may prevent the person from 25
entering the site. 26
45 See section 319 (General provision about searches of persons)
46 Section 357 (Offence to contravene direction or requirement of police officer)
s 281 181 s 284
Police Powers and Responsibilities
Division 6--Offences 1
entry to a special event site 2
Unauthorised
281. A person must not enter or remain in a special event site unless the 3
person-- 4
(a) has paid any entry fee; or 5
(b) has the consent of the event organiser; or 6
(c) is otherwise authorised to enter or remain at the site. 7
Maximum penalty--10 penalty units. 8
entry to a restricted area 9
Unauthorised
282. A person must not enter or remain in a restricted area at a special 10
event site, unless the person has a reasonable excuse. 11
Maximum penalty--10 penalty units. 12
with a special event 13
Interference
283. A person must not, at a special event site-- 14
(a) disrupt, interfere with, delay or obstruct the conduct of the special 15
event or an activity associated with the special event; or 16
(b) interfere with the reasonable enjoyment of the special event or an 17
activity associated with the special event. 18
Maximum penalty--40 penalty units. 19
items 20
Prohibited
284. A person must not take a prohibited item onto, or possess a 21
prohibited item on, a special event site, unless the person has a reasonable 22
excuse. 23
Maximum penalty--10 penalty units. 24
s 285 182 s 286
Police Powers and Responsibilities
etc. of authorised person 1
Assault
285.(1) A person must not assault or obstruct an authorised person 2
exercising a power under this part. 3
Maximum penalty--40 penalty units. 4
(2) In this section-- 5
"assault" has the meaning given by the Criminal Code, section 245. 6
"obstruct" includes hinder, resist and attempt to obstruct. 7
ART 3--POWERS RELATING TO NOISE 8
P
of pt 3 9
Application
286.(1) This part applies to the abatement of environmental nuisance 10
caused by excessive noise that-- 11
(a) is emitted from a place by-- 12
(i) a musical instrument; or 13
(ii) an appliance for electrically producing or amplifying music 14
or other sounds; or 15
(iii) a motor vehicle, other than a motor vehicle on a road; or 16
(iv) a gathering of people for a meeting, party, celebration or 17
similar occasion; and 18
(b) is audible in any residential or commercial premises. 19
(2) However, this part does not apply to the abatement of excessive noise 20
emitted from a place-- 21
(a) while being used for an open-air concert or commercial 22
entertainment; or 23
(b) by a public meeting under a permit under any Act or law 24
authorising the amplification or reproduction of sound by-- 25
s 287 183 s 288
Police Powers and Responsibilities
(i) any electrical or mechanical appliance, apparatus or device; 1
or 2
(ii) another way. 3
about noise 4
Complaint
287.(1) If a person reasonably believes noise emitted from a place is 5
excessive noise, the person may make a complaint to a police officer about 6
the noise. 7
(2) As soon as practicable after the complaint is made, a police officer 8
must investigate the complaint, or cause the complaint to be investigated, 9
unless the officer believes the complaint is frivolous or vexatious. 10
of police officers on investigation of complaint 11
Powers
288.(1) This section applies if a police officer is reasonably satisfied-- 12
(a) the noise complained of is clearly audible at or near the 13
complainant's residential or commercial premises; and 14
(b) the noise is excessive noise in the circumstances. 15
(2) In deciding whether noise is excessive noise in the circumstances, a 16
police officer may have regard to-- 17
(a) the degree of interference the noise is causing or is likely to cause 18
to the conduct of activities ordinarily carried out in the 19
neighbourhood of the place from which the noise is being 20
emitted; and 21
(b) the nature of the lawful uses permitted for premises in the 22
neighbourhood of the place from which the noise is being 23
emitted. 24
(3) A police officer may-- 25
(a) without a warrant, enter the place from which the noise is being 26
emitted; and 27
s 289 184 s 290
Police Powers and Responsibilities
(b) direct the occupier of the place, and the other persons who appear 1
to the officer to be responsible for causing the noise or permitting 2
the noise to be caused, to immediately abate the excessive noise 3
from the place (a "noise abatement direction"). 4
(4) A noise abatement direction may be given orally or by written notice. 5
with noise abatement direction 6
Compliance
289.(1) A person to whom a noise abatement direction is given must-- 7
(a) immediately comply with the direction; and 8
(b) refrain from the emission, or contributing to the emission, of 9
excessive noise from the place to which the direction relates for a 10
period of 12 hours from the giving of the direction. 11
Maximum penalty--10 penalty units. 12
(2) A person who knows a noise abatement direction has been given 13
must refrain from the emission, or contributing to the emission, of 14
excessive noise from the place to which the direction relates for a period of 15
12 hours from the giving of the direction. 16
Maximum penalty--10 penalty units. 17
(3) For applying subsection (1) or (2), it does not matter that noise 18
emitted from a place in contravention of the subsection is not of the same 19
level or nature of the excessive noise for which the noise abatement 20
direction was given. 21
powers of police officers on later investigation 22
Additional
290.(1) This section applies if-- 23
(a) a noise abatement direction has been given about a place; and 24
(b) within 12 hours after the direction is given, a police officer is 25
satisfied on further investigation the police officer is entitled to 26
exercise the powers mentioned in section 289 about the same 27
place. 28
(2) A police officer may-- 29
s 291 185 s 292
Police Powers and Responsibilities
(a) without a warrant, enter the place from which the noise is being 1
emitted; and 2
(b) in relation to the property that is or was being used to produce or 3
contribute to the production of the noise-- 4
(i) lock, seal or otherwise deal with it in a way to prevent its 5
further use; or 6
(ii) seize and remove it from the place; or 7
(iii) make it inoperable by removing any part or parts and seize 8
and remove the part or parts from the place. 9
(3) However, in exercising or attempting to exercise the powers, the 10
police officer must take all reasonable steps to ensure the officer does as 11
little damage as is practicable in the circumstances. 12
to interfere with locked etc. property 13
Offence
291.(1) This section applies if a police officer locks, seals or otherwise 14
deals with property under section 290(2)(b)(i). 15
(2) A person must not unlock, unseal or use the property within 24 hours 16
after the noise abatement direction was given about the place where the 17
property is found. 18
Maximum penalty for subsection (2)--100 penalty units. 19
of seized property 20
Recovery
292.(1) Property seized by a police officer may be claimed by-- 21
(a) the owner of the property or a person acting for the owner; or 22
(b) the person from whose possession the property was seized or 23
someone acting for the person. 24
(2) The claim may be made only during stated hours on a business day 25
not earlier than 24 hours after the seizure of the property. 26
(3) A police officer must not give seized property to a person claiming it 27
unless the police officer is satisfied the claimant is-- 28
s 293 186 s 295
Police Powers and Responsibilities
(a) the owner of the property or the person from whose possession 1
the property was seized; or 2
(b) a person acting for a person mentioned in paragraph (a). 3
(4) Nothing in this section prevents a police officer retaining seized 4
property if the police officer reasonably suspects the property is evidence of 5
the commission of an offence. 6
of costs of seizure etc. 7
Recovery
293. The State may recover as a debt owing to it the reasonable costs 8
incurred by a police officer exercising powers under section 289. 9
powers and role of certain police officers 10
General
294. An Aboriginal or Island police officer may exercise powers under 11
this part only in the aboriginal or Torres Strait islander local government 12
area for which the officer is appointed. 13
to require answers to questions 14
Power
295.(1) This section applies if a police officer reasonably suspects that-- 15
(a) an offence against this part has been committed; and 16
(b) a person may be able to give information about the offence. 17
(2) The police officer may require the person to answer a question about 18
the offence. 19
s 296 187 s 298
Police Powers and Responsibilities
PART 4--POWERS RELATING TO NUISANCE IN 1
MOVEABLE DWELLING PARKS 2
in moveable dwelling park causing serious nuisance 3
Behaviour
296. A person causes a serious nuisance in a moveable dwelling park if, 4
while in the park, the person causes a serious nuisance to residents of, or 5
anyone else in, the park. 6
7
Example of serious nuisance--
8
1. A person assaults a resident or someone else.
9
2. A person uses threatening or abusive language towards a resident or someone