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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Police Powers and
Responsibilities (Drug
Detection Dogs) Amendment
Bill 2005
Queensland
Police Powers and Responsibilities (Drug
Detection Dogs) Amendment Bill 2005
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new ch 2, pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2A Use of drug detection dogs without warrant
31A Definitions for pt 2A . . . . . . . . . . . . . . . . . . . . . . . . . . 4
31B Use of drug detection dogs in particular places . . . . . 5
31C Police officers and drug detection dogs may enter
and remain on particular premises . . . . . . . . . . . . . . . 6
31D Reasonable suspicion may be based on indication
of drug detection dog . . . . . . . . . . . . . . . . . . . . . . . . . 6
31E Protection from liability for acts done by drug
detection dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
31F Effect of part on use of drug detection dogs under
search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 8
2005
A Bill
for
An Act to amend the Police Powers and Responsibilities Act
2000
s1 4 s4
Police Powers and Responsibilities (Drug Detection
Dogs) Amendment Bill 2005
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Police Powers and 3
Responsibilities (Drug Detection Dogs) Amendment Act 2005. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Act amended 7
This Act amends the Police Powers and Responsibilities Act 8
2000. 9
Clause 4 Insertion of new ch 2, pt 2A 10
After section 31-- 11
insert-- 12
`Part 2A Use of drug detection dogs 13
without warrant 14
`31A Definitions for pt 2A 15
`In this part-- 16
drug detection includes-- 17
(a) walking or placing a drug detection dog in the vicinity 18
of a person to ascertain whether the drug detection dog 19
can detect the scent of an unlawful dangerous drug on 20
the person; and 21
(b) walking or placing a drug detection dog in, on, or in the 22
vicinity of, a vehicle or a thing to ascertain whether the 23
drug detection dog can detect the scent of an unlawful 24
dangerous drug in or on the vehicle or thing. 25
s4 5 s4
Police Powers and Responsibilities (Drug Detection
Dogs) Amendment Bill 2005
drug detection dog means a dog trained to detect unlawful 1
dangerous drugs. 2
event means-- 3
(a) a special event; or 4
(b) a sports, recreational or entertainment event held at a 5
major sports facility under the Major Sports Facilities 6
Act 2001; or 7
(c) a sports, recreational or entertainment event, not 8
mentioned in paragraph (b), that is open to the public, 9
whether on payment of a fee or not. 10
11
Example of an entertainment event for paragraph (c)--
12
a musical concert held at the Mt Gravatt showgrounds
handler, of a drug detection dog, means a handler within the 13
meaning of the Police Service Administration Act 1990. 14
licensed premises-- 15
(a) means licensed premises within the meaning of the 16
Liquor Act 1992; and 17
(b) includes a place to which a permit under that Act relates. 18
unlawful dangerous drug-- 19
(a) means a dangerous drug mentioned in the Drugs Misuse 20
Regulation 1987, schedule 1; and 21
(b) includes-- 22
(i) Gamma hydroxybutyric acid, commonly known as 23
GBH; and 24
(ii) 3,4-Methylenedioxymethamphetamine (MDMA), 25
commonly known as Ecstasy. 26
`31B Use of drug detection dogs in particular places 27
`(1) A handler may, without warrant, use a drug detection dog to 28
carry out drug detection in relation to any of the following 29
persons or things-- 30
(a) a person who is about to enter, is in, or is leaving, 31
licensed premises; 32
s4 6 s4
Police Powers and Responsibilities (Drug Detection
Dogs) Amendment Bill 2005
(b) a person who is in the immediate vicinity of, is about to 1
enter, is in, or is leaving, a place at which an event is 2
being held; 3
(c) a person who is in a public place; 4
(d) a thing in a place mentioned in paragraph (a), (b) or (c), 5
whether it is in the physical possession of a person or 6
not. 7
`(2) This section applies despite any other Act. 8
`31C Police officers and drug detection dogs may enter 9
and remain on particular premises 10
`(1) For carrying out drug detection under section 31B, a drug 11
detection dog, the drug detection dog's handler and any other 12
police officer may enter and remain on the following places-- 13
(a) licensed premises; 14
(b) a place at which an event is being held; 15
(c) a public place. 16
`(2) For subsection (1), the power to enter and remain on licensed 17
premises or another place includes power to enter and remain 18
on land associated with the licensed premises or place. 19
20
Example of land associated with licensed premises or another place--
21
land on which carparking is provided for patrons of the licensed
22
premises or other place
`(3) This section applies despite any other Act. 23
`31D Reasonable suspicion may be based on indication 24
of drug detection dog 25
`(1) This section applies if a provision of this Act requires a police 26
officer to form a reasonable suspicion that a person has 27
something, or there is something in a vehicle, that may be an 28
unlawful dangerous drug, before the police officer may 29
exercise a power in relation to the person or vehicle. 30
`(2) It is sufficient for the police officer to form a reasonable 31
suspicion that the person has something, or there is something 32
s4 7 s4
Police Powers and Responsibilities (Drug Detection
Dogs) Amendment Bill 2005
in the vehicle, that may be an unlawful dangerous drug, if a 1
drug detection dog indicates it has detected an unlawful 2
dangerous drug-- 3
(a) on the person or on, or in, a thing in the person's 4
physical possession; or 5
(b) on or in a thing, not in the person's physical possession 6
but which the police officer reasonably suspects is 7
connected with the person, that is at the place the drug 8
detection dog is carrying out the drug detection; or 9
(c) in the vehicle. 10
`31E Protection from liability for acts done by drug 11
detection dogs 12
`(1) This section applies if-- 13
(a) the handler of a drug detection dog is using the drug 14
detection dog to carry out drug detection under section 15
31B; and 16
(b) the drug detection dog-- 17
(i) physically intrudes onto a person or the clothing of 18
a person, or otherwise comes into contact with a 19
person, while the drug detection dog is carrying 20
out the drug detection; or 21
(ii) causes damage to a thing that has in or on it an 22
unlawful dangerous drug. 23
`(2) The handler does not incur civil liability for an act done, or 24
omission made, honestly and without negligence, in the 25
circumstances to which this section applies. 26
`(3) The State does not incur civil liability in the circumstances to 27
which this section applies-- 28
(a) for an act done by the drug detection dog; or 29
(b) an act or omission of the handler. 30
`(4) However, if-- 31
(a) the act of the drug detection dog; or 32
(b) the act or omission of the handler; 33
s5 8 s5
Police Powers and Responsibilities (Drug Detection
Dogs) Amendment Bill 2005
causes bodily harm to a person and subsection (2) prevents 1
civil liability attaching to the handler, the civil liability 2
attaches instead to the State. 3
`(5) The handler is not criminally responsible for an act done by 4
the drug detection dog in the circumstances to which this 5
section applies other than for an attack by the drug detection 6
dog on a person intentionally caused by the handler or for 7
which the handler is criminally responsible under the 8
Criminal Code, section 289. 9
`(6) This section does not prevent the State or the handler from 10
relying on another provision of an Act to limit civil liability or 11
criminal responsibility. 12
13
Examples of other Acts that may limit civil liability or criminal
14
responsibility--
15
· Civil Liability Act 2003
16
· Criminal Code, sections 25, 271, 272 and 273
17
· Police Service Administration Act 1990, section 10.5
`(7) In this section-- 18
bodily harm includes physical injury, grievous bodily harm, 19
and death, but does not include mental, psychological or 20
emotional harm. 21
handler, of a drug detection dog, includes a police officer 22
helping the handler of the drug detection dog. 23
`31F Effect of part on use of drug detection dogs under 24
search warrants 25
`To remove any doubt, it is declared that this part does not 26
restrict the powers of a police officer to use a drug detection 27
dog to carry out drug detection in conducting a search of a 28
place under a search warrant or without a warrant.'. 29
Clause 5 Amendment of sch 4 (Dictionary) 30
(1) Schedule 4, definition search-- 31
omit. 32
(2) Schedule 4-- 33
s5 9 s5
Police Powers and Responsibilities (Drug Detection
Dogs) Amendment Bill 2005
insert-- 1
`drug detection, for chapter 2, part 2A, see section 31A. 2
drug detection dog, for chapter 2, part 2A, see section 31A. 3
event, for chapter 2, part 2A, see section 31A. 4
handler, for chapter 2, part 2A, see section 31A. 5
licensed premises, for chapter 2, part 2A, see section 31A. 6
search-- 7
(a) includes frisk search a person; but 8
(b) does not include the use of a drug detection dog to carry 9
out drug detection under chapter 2, part 2A, even if the 10
drug detection dog physically intrudes onto a person or 11
the clothing of a person. 12
unlawful dangerous drug, for chapter 2, part 2A, see section 13
31A.'. 14
(3) Schedule 4, definition enforcement act, paragraphs (a) to 15
(c)-- 16
omit, insert-- 17
`(a) the search of a person, other than-- 18
(i) under chapter 9, part 2;1 or 19
(ii) by using a drug detection dog to carry out drug 20
detection under chapter 2, part 2A; 21
(b) the search of a vehicle, other than-- 22
(i) at a roadblock; or 23
(ii) by using a drug detection dog to carry out drug 24
detection under chapter 2, part 2A; 25
(c) the search of premises, other than-- 26
(i) a vehicle or a public place; or 27
(ii) by using a drug detection dog to carry out drug 28
detection under chapter 2, part 2A;'. 29
1 Chapter 9 (Other powers), part 2 (Preserving safety for special events)
10
Police Powers and Responsibilities (Drug Detection
Dogs) Amendment Bill 2005
© State of Queensland 2005
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