POLICE POWERS AND RESPONSIBILITIES ACT 2000

Queensland Consolidated Acts

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POLICE POWERS AND RESPONSIBILITIES ACT 2000

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

Part 1--General

1. Short title
2. Commencement
3. Dictionary
4. Notes in text
5. Purposes of Act
6. Act binds all persons
7. Compliance with Act by police officers
8. Act does not affect certain principles

Part 2--Effect of Act on other laws

9. Act does not affect constable's common law powers etc.
10. Act does not affect court's common law discretion to exclude evidence or stay criminal proceedings
11. Inconsistency
12. Relationship to other Acts

Part 3--Appointment as, and helping, public officials

Division 1--Provisions about appointments

13. Appointment of police officers as public officials for other Acts
14. Declaration of police officers as public officials
15. Authorising provisions of other Acts apply subject to ss 13-14

Division 2--Helping public officials

16. Helping public officials exercise powers under other Acts
17. Steps police officer may take for failure to give name and address etc. to public official
18. Steps police officer may take for obstruction of public official

CHAPTER 2--GENERAL ENFORCEMENT POWERS

Part 1--Entry, inquiries and inspection

19. General power to enter to make inquiries, investigations or serve documents
20. What is a reasonable time to stay on a place
21. General power to enter to arrest or detain someone or enforce warrant
22. Power to enter etc. for relevant laws
23. What is a reasonable time for entry etc. for a relevant law
24. Requirement by a police officer for a relevant law
25. Power to demand production of licence etc. for weapons

Part 2--Searching persons, vehicles and places without warrant

Division 1--Roadblocks

26. Roadblocks
27. Procedure for establishing roadblocks
28. Record of roadblock to be made

Division 2--Searching persons without warrant

29. Searching persons without warrant
30. Prescribed circumstances for searching persons without warrant

Division 3--Searching vehicles without warrant

31. Searching vehicles without warrant
32. Prescribed circumstances for searching vehicle without warrant

Division 4--Searching public places without warrant

33. Searching public places without warrant

Part 3--Use of drug detection dogs without warrant

34. Definitions for pt 3
35. Use of drug detection dogs in particular places
36. Police officers and drug detection dogs may enter and remain on particular premises
37. Reasonable suspicion may be based on indication of drug detection dog
38. Protection from liability for acts done by drug detection dogs
39. Effect of part on use of drug detection dogs under search warrants

Part 4--Power to require name, address or age

Division 1--Powers relating to name and address

40. Person may be required to state name and address
41. Prescribed circumstances for requiring name and address

Division 2--Powers relating to age

42. Power for age-related offences and for particular motor vehicle related purposes
43. Unlawful supply of smoking products to minors
43A. Unlawful sale of spray paint to minors

Part 5--Directions to move on

44. Application of pt 5
45. Part does not apply to authorised public assemblies
46. When power applies to behaviour
47. When power applies to a person's presence
48. Direction may be given to person
49. Review

Part 6--Breaches of the peace, riots and prevention of offences

50. Dealing with breach of the peace
51. Prevention of riot
52. Prevention of offences—general
53. Prevention of particular offences relating to liquor
53A. Seizure of liquor from a minor in particular circumstances
53B. Entry powers for vehicles referred to in ss 53 and 53A

CHAPTER 3--POWERS RELATING TO VEHICLES AND TRAFFIC

54. Power of inquiry into road use contraventions
55. Power to require information about identity of drivers of vehicles etc.
56. Additional power of inquiry for relevant vehicle incidents
57. Power of entry for ss 54-56
58. Production of driver licence
59. Power for regulating vehicular and pedestrian traffic
60. Stopping vehicles for prescribed purposes
61. Power to require vehicles to be moved
62. Requirement to remain at a place
63. Power to inspect vehicles
64. Power to enter vehicles etc. other than for vehicle inspection
65. Power to require vehicle inspections
66. Power to prohibit use of vehicles
67. Power to prohibit persons driving
68. Power to enable effective and safe exercise of other powers

CHAPTER 4--MOTOR VEHICLE IMPOUNDING POWERS FOR PRESCRIBED OFFENCES AND MOTORBIKE NOISE DIRECTION OFFENCES

Part 1--Preliminary

Division 1--Interpretation

69. Definitions for ch 4
69A. Meaning of type 1 and type 2 vehicle related offences
70. References to motor vehicle includes motorbike
70A. References to type 2 vehicle related offences including the same kind
71. When a person is charged for this chapter in relation to a prescribed offence if a proceeding for the offence is started by notice to appear or arrest
72. Punishment under this chapter is in addition to other punishment for the same offence

Division 2--Relationship with other legislation

73. Consumer Credit Code

Division 3--Application of chapter 4 to type 2 vehicle related offences

73A. Application of ch 4 to type 2 vehicle related offences

Part 2--Impounding motor vehicles

Division 1--Impounding powers and duties after impounding

74. Impounding motor vehicles
75. Particular powers for impounding motor vehicles
76. Duties of police officer after impounding motor vehicle
77. Police officer may authorise tow
78. Impounding notice for vehicle related offence
79. Impounding notice for motorbike noise direction offence or motorbike noise order offence

Division 2--Notice requirements for motor vehicles impounded for type 1 vehicle related offences

80. Content of notice for first type 1 vehicle related offence
81. Content of notice for second or subsequent type 1 vehicle related offence

Division 2A--Notice requirements for motor vehicles impounded for type 2 vehicle related offences

81A. Content of notice for motor vehicle impounded for second type 2 vehicle related offence
81B. Content of notice for third or subsequent type 2 vehicle related offence

Division 3--Notice requirements for motorbikes impounded for motorbike noise direction offences

82. Content of notice for motorbike noise direction offence

Division 4--Notice requirements for motorbikes impounded for motorbike noise order offences

83. Content of notice for first motorbike noise order offence
84. Content of notice for second or subsequent motorbike noise order offence

Part 3--Obtaining impounding orders

Division 1--Impounding order application provisions

85. Application for impounding order for type 1 vehicle related offence
85A. Application for impounding order for type 2 vehicle related offence
86. Application for impounding order for motorbike noise order offence

Division 2--Orders if offence not decided

87. Orders on application for impounding order if type 1 vehicle related offence not decided
87A. Orders on application for impounding order if type 2 vehicle related offence not decided
88. Orders on application for impounding order if motorbike noise order offence not decided

Division 3--Advice of date of hearing

89. Advice to owner of date of hearing

Part 4--Obtaining forfeiture orders

Division 1--Forfeiture order application provisions

90. Application for forfeiture order for type 1 vehicle related offence
90A. Application for forfeiture order for type 2 vehicle related offence
91. Application for forfeiture order for motorbike noise order offence

Division 2--Orders if offence not decided

92. Orders on application for forfeiture order if type 1 vehicle related offence not decided
92A. Orders on application for forfeiture order if type 2 vehicle related offence not decided
93. Orders on application for forfeiture order if motorbike noise order offence not decided

Division 3--Advice of date of hearing

94. Advice to owner of date of hearing

Part 5--Deciding applications

Division 1--Where and when an application may be heard

95. Where application is to be decided
96. When application to be heard—type 1 vehicle related offence
96A. When application to be heard—type 2 vehicle related offence
97. When application to be heard—motorbike noise order offence

Division 2--Consideration of application if made for type 1 vehicle related offence

98. Consideration of application for impounding order—type 1 vehicle related offence
99. Consideration of application for forfeiture order—type 1 vehicle related offence

Division 2A--Consideration of application if made for type 2 vehicle related offence

99A. Consideration of application for impounding order—type 2 vehicle related offence
99B. Consideration of application for forfeiture order—type 2 vehicle related offence

Division 3--Consideration of application if made for motorbike noise order offence

100. Consideration of application for impounding order
101. Consideration of application for forfeiture order

Division 4--Other provisions about applications and orders
Subdivision 1--Community service orders

102. Community service instead of impounding or forfeiture order
Subdivision 2--Costs orders for child drivers
103. Costs order for child drivers
104. Application of applied sections for s 103
Subdivision 3--Offences
105. Offence to remove vehicle from holding yard
106. Offence to modify, sell or dispose of motor vehicle before application decided
107. Defence
108. Counting the occasions—general
108A. References to previous occasions in ss 81, 81B, 84, 85, 85A, 90, 90A and 91
108B. Matters for decisions under ss 85, 85A, 87, 87A, 90-93 and 96-99B and 101
109. Appeal
110. Powers for enforcing court order

Part 6--Other provisions

Division 1--Liability for cost of impounding

111. State's liability to pay costs of impounding
112. Liability to pay costs of impounding—adult driver
113. Liability to pay costs of impounding—child driver
114. Payment of costs if motor vehicle not recovered
115. Registration of costs under State Penalties Enforcement Act 1999

Division 2--Release of impounded vehicle

116. Release of motor vehicle impounded under s 74
117. Release of motor vehicle if driver found not guilty etc.

Division 3--Sale, transfer or disposal of impounded or forfeited motor vehicle

118. Sale of motor vehicle if not recovered after impounding ends
119. Voluntary transfer of ownership of motor vehicle to State
120. Disposal of forfeited motor vehicle
121. Application of proceeds of sale

Division 4--Other provisions

122. Protection from liability
123. Third party protection from forfeiture order

CHAPTER 5--REMOVAL POWERS GENERALLY FOR VEHICLES OR LOADS OR THINGS ON ROADS

Part 1--Power to seize or remove

124AA. Definitions for pt 1
124. Removal of vehicle or load or other thing
125. Prescribed circumstances for s 124

Part 2--Other provisions about seizure or moving

125A. Recovering moving and seizure expenses in particular circumstances
126. Steps after seizing a vehicle, load or other thing
127. Disposal of seized or moved vehicle, load or other thing
128. Application of proceeds of sale
128A. Immediate disposal in particular circumstances
128B. Protection for persons exercising power under ch 5

Part 3--General towing authority

129. Police officer may authorise tow after seizure under any Act

CHAPTER 6--POWERS RELATING TO ANIMALS

Part 1--Interpretation

130. Definition for ch 6

Part 2--General powers

131. Power of inquiry into road use contraventions involving an animal
132. Power to require information about identity of person in charge of animal
133. Power of entry for ss 131-132
134. Power for regulating animal traffic

Part 3--Stopping animals for prescribed purposes

135. Stopping animals for prescribed purposes
136. Power to enable effective and safe exercise of other powers

Part 4--Removal powers for animals

137. Removal of animals from roads and other places
138. Prescribed circumstances for removing animals
139. Steps after seizing animal
140. Recovery of seized animal
141. Application of proceeds of sale

Part 5--Animal welfare directions

142. Application of pt 5
143. Power to give animal welfare direction
144. Requirements for giving animal welfare direction
145. Review and appeal for animal welfare direction

Part 6--Other provisions about animals

146. Power in relation to offences involving animals
147. Powers to provide relief to animal
148. Power to destroy animal
149. Offence to interfere with seized animals

CHAPTER 7--SEARCH WARRANTS, OBTAINING DOCUMENTS, AND CRIME SCENES

Part 1--Searching places with warrants

150. Search warrant application
151. Issue of search warrant
152. If justice refuses application for search warrant
153. Order in search warrant about documents
154. Order in search warrant about information necessary to access information stored electronically
155. When search warrant ends
156. What search warrant must state
157. Powers under search warrant
158. Copy of search warrant to be given to occupier

Part 2--Search of place to prevent loss of evidence

159. Application of pt 2
160. Search to prevent loss of evidence
161. Post-search approval
162. Making of post-search approval order
163. Appeal

Part 3--Crime scenes

Division 1--Establishment of crime scenes

164. Gaining access to crime scenes
165. Initial establishment of crime scene
166. Responsibility after establishing crime scene
167. Deciding limits of crime scene
168. Restricting access to crime scene
169. Preserving evidence at crime scene

Division 2--Crime scene warrants

170. Application for crime scene warrant
171. Consideration of application and issue of crime scene warrant
172. What crime scene warrant must state
173. Duration, extension and review of crime scene warrant
174. Review of crime scene warrant
175. Copy of crime scene warrant to be given to occupier

Division 3--Powers at crime scenes

176. Powers at crime scene
177. Powers of direction etc. at crime scene
178. Exercise of crime scene powers in public place

Division 4--General

179. Alternative accommodation to be provided in some cases

Part 4--Production notices

180. Production notices
181. Issue of production notice
182. Copy of production notice to be given to cash dealer
183. Procedural requirements—production notice
184. Power under production notice
185. If cash dealer claims documents contain privileged communications
186. Making of access order
187. Provisions about access order

Part 5--Production orders

188. Application of pt 5
189. Production order applications
190. Making of production orders
191. What production order must state
192. Powers under production order
193. Variation of production order
194. Offence to contravene production order
195. Effect of compliance with production order

Part 6--Power to seize evidence and abandoned and illegally placed property

196. Power to seize evidence generally
197. Power to remove property unlawfully on a place

CHAPTER 8--MONITORING AND SUSPENSION ORDERS

Part 1--Definition

198. Meaning of financial institution for ch 8

Part 2--Monitoring orders

199. Monitoring order applications
200. Making of monitoring order
201. What monitoring order must state
202. When period stated in monitoring order starts
203. Offence to contravene monitoring order
204. Existence and operation of monitoring order not to be disclosed

Part 3--Suspension orders

205. Suspension order application
206. Making of suspension order
207. What suspension order must state
208. When period stated in suspension order starts
209. Contravention of suspension order
210. Existence and operation of suspension order not to be disclosed

CHAPTER 9--COVERT SEARCHES

211. Meaning of terrorist act and terrorism
212. Covert search warrant applications
213. Who may be present at consideration of application
214. Consideration of application
215. Issue of covert search warrant
216. What covert search warrant must state
217. Duration and extension of covert search warrant
218. Restriction about records and access to covert search warrant applications
219. Powers under covert search warrant
220. Report on covert search

CHAPTER 10--CONTROLLED ACTIVITIES

221. Object of ch 10
222. Relationship to other laws and matters
223. Lawfulness of particular actions
224. Authorised controlled activities
225. Protection from liability
226. Admissibility of evidence obtained through controlled activities
227. Evidentiary provision

CHAPTER 11--CONTROLLED OPERATIONS

Part 1--Preliminary

228. Purposes of ch 11
229. Definitions for ch 11
230. Relationship to other laws and matters
231. When a controlled operation is conducted in this jurisdiction

Part 2--Controlled operations committee

Division 1--Establishment

232. Establishment of controlled operations committee
233. Independent member
234. Acting independent member

Division 2--Functions, business and recommendations

235. Committee functions
236. Committee business
237. Committee recommendations

Division 3--Protection

238. Protection for committee members

Part 3--Authorisation of controlled operations

Division 1--Procedure for authorising controlled operations

239. Application for authority to conduct controlled operation
240. Application must be referred to committee
241. Particular CMC controlled operations
242. Procedure in urgent circumstances other than if s 241 applies
243. Deciding application
244. Matters to be taken into account
245. Form of authority
246. Duration of authority

Division 2--Variation and cancellation of authorities

247. Variation of authority
248. Application for variation of authority
249. Variation must be referred to committee
250. Particular CMC controlled operations
251. Procedure in urgent circumstances other than if s 250 applies
252. Deciding the application to vary the authority
253. Way to vary authority
254. Form of variation of authority
255. Cancellation of authority

Division 3--Effect of authority

256. Effect of authority
257. Defect in authority

Part 4--Conduct of controlled operations

Division 1--Controlled conduct engaged in for controlled operations

258. Protection from criminal responsibility for controlled conduct during authorised operations
259. Indemnification of participants against civil liability
260. Effect of ss 258-259 on other laws relating to criminal investigation
261. Effect of being unaware of variation or cancellation of authority
262. Protection from criminal responsibility for particular ancillary conduct

Division 2--Compensation and notification of third parties

263. Compensation for property loss or serious damage
264. Notification requirements

Division 3--Recognition of corresponding authorities

265. Recognition of corresponding authorities

Part 5--Compliance and monitoring

Division 1--Information restrictions

266. Unauthorised disclosure of information

Division 2--Reporting and record keeping

267. Principal law enforcement officer's reports
268. Chief executive officers' reports
269. Annual report by report entity
270. Keeping documents connected with authorised operations
271. General register

Division 3--Inspections

272. Inspection of records

Part 6--General

Division 1--Delegation

273. Delegation generally
274. Delegation—commissioner
275. Delegation—CMC chairperson
276. Delegations—ACC

Division 2--Evidentiary provisions

277. Evidence of authorities

CHAPTER 12--ASSUMED IDENTITIES

Part 1--Preliminary

278. Purpose of ch 12
279. How purpose is achieved
280. Definitions for ch 12
281. Relationship to other laws and matters

Part 2--Authorities for assumed identities

282. Application for authority to acquire or use assumed identity
283. Deciding application
284. Form of authority
285. Period of authority
286. Variation or cancellation of authority
287. Review of authority

Part 3--Evidence of assumed identities

Division 1--Creation of birth certificates for assumed identities

288. Approval for creation of birth certificate for assumed identity
289. Order authorising creation of birth certificate for assumed identity under corresponding authority
290. Giving effect to birth certificate approval
291. Destruction of birth certificate created under s 290
292. Cancelling authority affecting entry in participating jurisdiction's register of births, deaths or marriages
293. Restriction about records and access to application for authority to create birth certificate

Division 2--Other provisions about evidence of assumed identities

294. Request for evidence of assumed identity
295. Government issuing agency to comply with request
296. Non-government issuing agency may comply with request
297. Cancelling evidence of assumed identity

Division 3--Protections and indemnities

298. Protection from criminal responsibility—officer of issuing agency
299. Indemnity for issuing agency and officers in relation to creation of birth certificates
300. Indemnity for issuing agency and officers in relation to other evidence of assumed identities
301. Protection from criminal responsibility for particular ancillary conduct

Part 4--Effect of authorities

302. Assumed identity may be acquired and used
303. Protection from criminal responsibility—authorised person
304. Indemnity for authorised person
305. Particular qualifications
306. Effect of being unaware of variation or cancellation of authority

Part 5--Recognition of assumed identities

307. Request to participating jurisdiction for evidence of assumed identity
308. Request from participating jurisdiction for evidence of assumed identity
309. Direction from participating jurisdiction to cancel evidence of assumed identity
310. Indemnity for issuing agency and officer
311. Application of ch 12 to corresponding authority

Part 6--Compliance and monitoring

Division 1--Misuse of assumed identity and information

312. Misuse of assumed identity
313. Disclosing information about assumed identity

Division 2--Reporting and record keeping

314. Report about authorities for assumed identities etc.
315. Record keeping
316. Audit of records

Part 7--Delegation

317. Delegation generally
318. Delegation—commissioner
319. Delegation—CMC chairperson
320. Delegation—ACC

CHAPTER 13--SURVEILLANCE DEVICE WARRANTS

Part 1--Preliminary

321. Purposes of ch 13
322. Definitions for ch 13
323. Meaning of relevant offence
324. When an investigation is conducted in this jurisdiction
325. Relationship to other laws and matters

Part 2--Warrants

Division 1--Introduction

326. Types of warrant
327. Who may issue warrants

Division 2--Surveillance device warrants

328. Application for surveillance device warrant
329. Who may be present at consideration of application
330. Deciding application
331. What must a surveillance device warrant contain
332. What a surveillance device warrant authorises
333. Extension and variation of surveillance device warrant
334. Revocation of surveillance device warrant
335. Discontinuance of use of surveillance device under warrant

Division 3--Retrieval warrants

336. Application for retrieval warrant
337. Who may be present at consideration of application
338. Deciding application
339. What must a retrieval warrant contain
340. What a retrieval warrant authorises
341. Revocation of retrieval warrant
342. Discontinuance of retrieval warrant

Part 3--Emergency authorisations

343. Emergency authorisation—risk of serious personal violence or substantial property damage
344. Application for approval after use of surveillance device under emergency authorisation
345. Who may be present at consideration of application
346. Consideration of application
347. Judge may approve emergency use of powers
348. Admissibility of evidence

Part 4--Recognition of corresponding warrants and authorisations

349. Corresponding warrants
350. Corresponding emergency authorisations

Part 5--Compliance and monitoring

Division 1--Restrictions on use, communication and publication of information

351. Definitions for div 1
352. Prohibition on communication or publication of protected information
353. Permitted use of protected information
354. Dealing with records obtained by use of surveillance devices
355. Protection of surveillance device technologies and methods
356. Protected information in the custody of a court

Division 2--Reporting and record keeping

357. Report to judge or magistrate
358. Annual reports
359. Keeping documents connected with warrants and emergency authorisations
360. Other records to be kept
361. Register of warrants and emergency authorisations

Division 3--Inspections

362. Inspection of records
363. Report on inspection

Division 4--General

364. Evidentiary certificates

CHAPTER 14--ARREST AND CUSTODY POWERS

Part 1--Arrest without warrant

365. Arrest without warrant
366. Arrest of escapees etc.
367. Arrest of person granted bail
368. Arrest of person given notice to appear or summons

Part 2--Arrest under warrant

369. Arrest under warrant
370. Arrest warrant application
371. Issue of arrest warrant
372. What arrest warrant must state
373. Compliance with limitation of proceedings

Part 3--Other provisions about arrest

374. Power of arrest for offences committed outside the State

Part 4--Discontinuing arrest

375. Effect of release under pt 4
376. When arrest may be discontinued—general rule
377. Additional case when arrest of adult may be discontinued
378. Additional case when arrest for being drunk in a public place may be discontinued
379. Additional case when arrest for minor drugs offence may be discontinued
380. Additional case when arrest of child may be discontinued
381. Limit on rearrest

Part 5--Alternative to arrest

382. Notice to appear may be issued for offence
383. Notice to appear must be served discreetly on a child
384. Notice to appear form
385. Filing of notice to appear
386. General particulars only are required on a notice to appear
387. Particulars of notice to appear offence must be given in the proceeding
388. Notice to appear equivalent to a complaint and summons
389. Court may order immediate arrest of person who fails to appear
390. Court must strike out notice to appear if service insufficient

Part 6--Duties after arrest

391. Information to be given to arrested person
392. Parent and chief executive to be advised of arrest or service of notice to appear
393. Duty of police officer after arrest etc. of person
394. Duty of police officer receiving custody of person arrested for offence
395. Duty of officer receiving custody of person arrested under warrant other than for offence

CHAPTER 15--POWERS AND RESPONSIBILITIES RELATING TO INVESTIGATIONS AND QUESTIONING FOR INDICTABLE OFFENCES

Part 1--Preliminary

Division 1--Application of chapter

396. Chapter does not apply to covert operations

Division 2--Right to remain silent not affected

397. Right to remain silent not affected

Part 2--Investigations and questioning

Division 1--Application of part

398. Application of pt 2

Division 2--Removal of persons from lawful custody

399. Application for removal of person from lawful custody
400. Chief executive must be advised of application for removal order
401. When magistrate may make removal order
402. What removal order must state

Division 3--Detention for investigation or questioning

403. Initial period of detention for investigation or questioning
404. What is a reasonable time to detain a person for questioning or investigation
405. Application for extension of detention period
406. When detention period may be extended
407. What order must state
408. Use of time out during extended detention period
409. Effect of unforeseen delays on detention
410. Effect of another arrest on questioning period
411. When does detention period start for offenders arrested outside Queensland

Division 4--Other provisions about investigations and questioning

412. When person detained may be taken to a place other than a police establishment or police station
413. Persons helping in covert investigations not under arrest

Part 3--Safeguards ensuring rights of and fairness to persons questioned for indictable offences

Division 1--Preliminary

414. Part applies only to indictable offences
415. When does this part apply to a person
416. Questioning generally
417. Questioning of person after proceeding started

Division 2--Other persons may be present during questioning

418. Right to communicate with friend, relative or lawyer
419. Speaking to and presence of friend, relative or lawyer

Division 3--Special requirements for questioning particular persons

420. Questioning of Aboriginal people and Torres Strait Islanders
421. Questioning of children
422. Questioning of persons with impaired capacity
423. Questioning of intoxicated persons

Division 4--Excluding persons unreasonably interfering with questioning

424. What is unreasonable interference for divs 2-3
425. Requirements before excluding persons unreasonably interfering with questioning
426. If police officer excludes person from questioning

Division 5--Exclusion of support persons in particular circumstances

427. Application of div 5
428. When is a person unable to properly perform the role of a support person
429. Police officer may exclude support person from questioning
430. If police officer excludes support person from questioning of relevant person

Division 6--Cautioning and rights of persons

431. Cautioning of persons
432. Provision of information relating to a relevant person
433. Right to interpreter
434. Right of visiting foreign national to communicate with embassy etc.
435. Rights of a person to be electronically recorded

Division 7--Recording of questioning

436. Recording of questioning etc.
437. Requirements for written record of confession or admission
438. Access to electronic recordings of questioning etc.
439. Admissibility of records of questioning etc.

Division 8--General

440. List of support persons and interpreters
441. When sections 418-422, 432 and 434 do not apply

CHAPTER 16--SEARCH POWERS FOR PERSONS IN CUSTODY

442. Application of ch 16
443. Police officer may search person in custody
444. Powers relating to thing taken from person taken to place of safety

CHAPTER 17--FORENSIC PROCEDURES

Part 1--Qualified persons and authorising forensic procedures

445. Who are qualified persons
446. Limitation on forensic procedures that dentist may perform
447. When forensic procedures are authorised

Part 2--Obtaining consent for forensic procedure

448. What pt 2 provides
449. General rules about asking for consent
450. Special requirement for child of at least 14
451. Special requirement for child under 14
452. Special requirement for person with impaired capacity
453. Consent must be informed consent
454. General requirements for giving informed forensic procedure consent
455. Recording consent
456. Qualified person may perform forensic procedure

Part 3--Forensic procedure orders

457. Application of pt 3
458. Application for forensic procedure order
459. Notice of application must ordinarily be given
460. When notice of application need not be given etc.
461. Making forensic procedure order
462. What forensic procedure order must state
463. When forensic procedure order ends
464. Powers for enforcing forensic procedure order
465. Order must be given before forensic procedure is performed
466. Qualified person may perform forensic procedure

Part 4--Identifying particulars

Division 1--Particular provisions about taking identifying particulars

467. Taking identifying particulars of person in custody
468. Taking identifying particulars—proceeding started by notice to appear or complaint and summons

Division 2--Taking identifying particulars under identifying particulars notice

469. Application of div 2
470. Identifying particulars notice may be given

Division 3--Taking identifying particulars under court order

471. Court may order taking of identifying particulars
472. Detention for taking identifying particulars
473. Who may take identifying particulars

Division 4--Destruction of identifying particulars

474. Destruction of identifying particulars

Part 5--DNA procedures

Division 1--Preliminary provisions about DNA sampling and DNA analysis

475. Taking DNA sample by doctor or nurse
476. Commissioner may authorise police officers to take DNA samples
477. Where DNA sample may be taken
478. How DNA samples may be taken

Division 2--Taking DNA sample from particular persons with consent

479. Use of DNA analysis of DNA sample taken from child under 14
480. Taking DNA sample from person with impaired capacity

Division 3--Taking DNA samples after proceedings commenced and from certain prisoners

481. Taking DNA sample if proceeding started or continued against an adult by arrest, notice to appear or complaint and summons etc.
482. DNA sample notice
483. Requirements for DNA sample notice
484. Taking DNA sample from adult before court
485. Taking DNA sample after finding of guilt
486. Detention for taking DNA sample
487. Taking DNA sample from transferred prisoner
488. Taking DNA sample from child

Division 4--Analysis and use of DNA samples

489. Power to analyse etc. DNA samples
490. When DNA sample taken from suspected person and results must be destroyed

Division 5--DNA databases

491. State DNA database
492. Transmitting information to CrimTrac
493. Use of QDNA or CrimTrac database
494. Limitation on use of results of DNA analysis

Part 6--Non-medical examinations

495. Application of pt 6
496. Definition for pt 6
497. Commissioner may authorise police officer to perform non-medical examinations
498. Examination if proceeding started against adult by arrest, notice to appear or complaint and summons
499. Non-medical examination notice
500. Requirements for non-medical examination notice

Part 7--Forensic procedures performed by doctors and dentists

Division 1--Preliminary

501. Application of pt 7

Division 2--Actions by police officers and presence of independent persons

502. When doctor or dentist may be asked to perform forensic procedure
503. What person must be told before doctor or dentist performs a forensic procedure
504. Arrangements for attendance of independent person
505. Speaking to and presence of independent person
506. Absence of independent person does not affect lawfulness of custody etc.
507. When police officer may exclude independent person
508. Action by police officer if independent person excluded

Division 3--Performing forensic procedures

509. Doctor's powers
510. Dentist's powers
511. Samples and results of analysis to be given to person

Part 8--Matters relating to performing forensic procedures

512. Right to interpreter
513. Power to analyse samples
514. Order for person who fails to comply with reporting notice
515. Detention for performing forensic procedure
516. General power for performing forensic procedure
517. Help with, and use of force for, performing forensic procedure
518. General power to require further attendance
519. Protecting the dignity of person in performing a non-intimate forensic procedure
520. Effect of withdrawal of consent
521. Powers under this part are additional to other powers

Part 9--Corresponding forensic procedure orders

522. Definitions for pt 9
523. Arrangements with the Commonwealth and other States
524. Registration of orders
525. Effect of registration

Part 10--Offences

526. Unlawful supply of destroyable DNA sample
527. Unlawful supply of DNA sample
528. Unlawful use of stored information
529. Unlawful matching of DNA analysis results
530. Unlawful recording of identifying information on QDNA
531. Unlawful retention of results of DNA analysis in QDNA
532. Unlawful disclosure of information

Part 11--Other provisions

533. Ministerial arrangements
534. Application of other laws
535. Forensic material lawfully obtained in another jurisdiction
536. Evidentiary provision

CHAPTER 18--BLOOD AND URINE TESTING OF PERSONS SUSPECTED OF COMMITTING SEXUAL OR OTHER SERIOUS ASSAULT OFFENCES

Part 1--Preliminary

537. Purpose of ch 18
538. Application of ch 18
539. Certain Acts do not apply to this chapter

Part 2--Taking blood and urine samples

540. Application for order for blood and urine testing of person
541. Notice to be given of application for disease test order for child
542. Disease test order
543. What disease test order must state
544. Appeal against disease test order
545. Taking blood and urine samples

Part 3--General

546. Analysis of blood and urine samples
547. Restriction on disclosure of results of analysis
548. Certain evidence inadmissible

CHAPTER 19--OTHER POWERS

Part 1--Directions in state buildings

Division 1--Screening of entrants to state buildings

549. Power to require reasons for entry to state building
550. Use of electronic screening devices in state buildings
551. Police officer may ask entrant to remove outer garment etc.
552. Direction by police officer to leave building
553. Power to search person or vehicle without warrant not affected

Division 2--Miscellaneous powers for division 1

554. Seizure of proscribed things
555. Refusal of entry to and removal from building

Part 2--Preserving safety for special events

Division 1--Preliminary

556. Application of pt 2
557. Purpose of pt 2

Division 2--Declaration of special events

558. Declaration of special event
559. Requirements for declaring special events
560. Notice of declaration to be given

Division 3--Statutory conditions relating to entry to special event sites

561. Statutory conditions of entry
562. Statutory condition about restricted areas

Division 4--Appointment of authorised persons

563. Appointment of authorised persons
564. Identity card
565. Production or display of authorised person's identity card

Division 5--Powers for special event sites

566. Power to require reasons for entry to special event site
567. Use of electronic screening devices at special event site
568. Police officer or authorised person may ask entrant to remove outer garment etc.
569. Frisk search of persons
570. Refusal of entry to and removal from site

Division 6--Offences

571. Unauthorised entry to a special event site
572. Unauthorised entry to a restricted area
573. Interference with a special event
574. Prohibited items
575. Assault etc. of authorised person

Part 3--Powers relating to noise

Division 1--Noise abatement direction

576. Application of pt 3
577. Complaint about noise
578. How to decide what is excessive noise—noise emitted from a place
579. How to decide what is excessive noise—noise emitted by motorbike driven on a place that is not a road
580. How to decide what is excessive noise—noise emitted in other particular circumstances
581. Powers of police officer to deal with excessive noise
582. Compliance with noise abatement direction
583. Additional powers of police officers on later investigation
584. Offence to interfere with locked etc. property
585. Recovery of seized property
586. Recovery of costs of seizure etc.
587. General powers and role of community police officers
588. Power to require answers to questions

Division 2--Noise abatement order

589. Noise abatement order—application for order
590. Noise abatement order—making the order
591. Noise abatement order—appeal against order

Part 4--Powers relating to nuisance in moveable dwelling parks

592. Behaviour in moveable dwelling park causing serious nuisance
593. Power to enter moveable dwellings
594. Initial direction about serious nuisance
595. Direction to leave park

Part 5--Powers for assisting coroners

596. Entry of place on suspicion of death or injury
597. Powers for reportable deaths
598. Restricting entry to place to allow investigation
599. Coroner's search warrant
600. Dealing with seized things
601. Power to require information
602. Use of evidence obtained under Coroners Acts

Part 6--Miscellaneous powers

Division 1--Potentially harmful things

603. Power to seize potentially harmful things
604. Dealing with persons affected by potentially harmful things
605. Duties in relation to person detained under s 604
606. No compulsion to stay at place of safety
607. Review of operation of ss 604-606

Division 2--Other miscellaneous powers

609. Entry of place to prevent offence, injury or domestic violence
610. Police actions after domestic violence order is made
611. Attendance at rental premises while person or property is removed
612. Assistance in exercising powers
613. Protection for assistants from liability
614. Power to use force—exercise of certain powers
615. Power to use force against individuals
616. Power to use force against individuals in critical situations
617. Identification of suspects
618. Power to examine seized things
619. Extent of power to examine seized things

CHAPTER 20--OTHER STANDARD SAFEGUARDS

Part 1--Preliminary

620. Chapter does not apply to covert operations

Part 2--Safeguards for things seized

Division 1--Application of part 2

621. Application of pt 2

Division 2--General safeguards

622. Receipt for seized property
623. Right to inspect seized documents

Part 3--Other safeguards

Division 1--General provisions about searches of persons and vehicles

624. General provision about searches of persons
625. Taking a person to another place for search
626. Limitation on period of detention for search
627. General provision about searches of vehicles
628. Dealing with persons who obstruct search of person or vehicle

Division 2--Searches involving removal of clothing

629. Removal of clothing for search
630. Protecting the dignity of persons during search
631. Special requirements for searching children and persons with impaired capacity
632. If video cameras monitor place where person is searched

Division 3--Other provisions

633. Safeguards for oral directions or requirements
634. Safeguards for declared offences under Summary Offences Act 2005
635. Use of force likely to cause damage to enter places
636. Police officer to give notice of damage
637. Supplying police officer's details
638. Record of execution of warrant or order

CHAPTER 21--ADMINISTRATION

Part 1--Watch-houses

Division 1--Persons in custody at watch-houses

639. Control of persons in watch-houses
640. Transfer of persons in watch-houses

Division 2--Watch-house officer's functions and powers
Subdivision 1--Functions

641. Functions of watch-house officers
Subdivision 2--Powers for screening of entrants to watch-houses
642. Power to require reasons for entry to watch-houses
643. Use of electronic screening devices in watch-houses
644. Watch-house officer may ask entrant to remove outer garment etc.
645. Direction by watch-house officer to leave watch-house
646. Seizure of proscribed things
647. Refusal of entry to and removal from watch-house
Subdivision 3--Powers relating to persons in custody in or reporting to watch-house
648. Watch-house officer may require person to state name and address
649. Watch-house officer may search person in custody at watch-house
650. Watch-house officer may take identifying particulars of person at watch-house
651. Commissioner may authorise watch-house officer to take DNA samples of person at watch-house
652. Power to use force against individual at watch-house
653. Power to use force—transfer etc. of person in custody to or from court cell or other place
Subdivision 4--Provisions about exercise of particular powers
654. Search of persons
655. Property seized during search etc.
656. Giving directions and making requirements
657. Making entries in registers
658. Responsibilities code
659. Custody continues while person in custody is being transferred or escorted by watch-house officer

Part 2--Registers

Division 1--Application and purpose

660. Application of pt 2
661. Purpose and explanation of pt 2

Division 2--Register of covert acts
Subdivision 1--Preliminary

662. Application of div 2
663. Particular Acts do not apply to this division
664. Register of covert acts
Subdivision 2--Covert acts under chapters 8 and 9
665. Application of sdiv 2
666. Information to be recorded in register for sdiv 2
Subdivision 3--Covert acts under chapters 11 and 13
667. Application of sdiv 3
668. Information to be included in register for surveillance device warrants and retrieval warrants
669. Information to be included in register for emergency authorisations
670. Information to be included in register for controlled operations
Subdivision 4--General
671. Who must record information relating to covert search warrants in register
672. Which register to be used
673. Who may inspect police service register
674. Who may inspect CMC's register
675. Other authorised inspections
676. General restrictions on inspections by monitor

Division 3--Enforcement registers

677. Application of div 3
678. Register of enforcement acts
679. Who must record information in register
680. Which register to be used
681. Persons to be given copy of information in register
682. Restriction on disclosure of certain information

Division 4--Provisions about covert acts and enforcement acts done for the ACC

683. Application of div 4
684. Information to be given to ACC

Division 5--General provisions

685. Correcting registers

Part 3--Dealing with things in the possession of police service

Division 1--Preliminary

686. Application of pt 3
687. Object of pt 3
688. Responsibilities of police officer taking possession of relevant thing
689. Particular provision about handling animals in the possession of the police service
690. Forfeiture in particular cases

Division 2--Return of relevant things

691. Return of relevant things
692. Application by owner etc. for return of relevant thing
693. Application by owner etc. for court order for return of relevant thing
694. Application by police officer for order if ownership dispute
695. Application for order in relation to seized things
696. Orders issuer may make in relation to seized thing
697. Cost recovery for animal held in possession of police service
698. Voluntary surrender of animal to State
699. Appeal if letter of demand given under s 697
700. Deciding appeal
701. Disposal of seized things at end of proceeding
702. Commissioner to decide way of destruction or disposal

Division 3--Dealing with controlled drugs, dangerous drugs etc.
Subdivision 1--Preliminary

703. Application of div 3
704. Definition for div 3
Subdivision 2--General provisions about destruction of drug matter
705. Destruction of drug matter soon after it is seized etc.
705A. Disposal of things used for administering etc. dangerous drugs
706. Steps police officer must take before destroying drug matter under s 705
707. Alternative to destruction if drug matter is thing used in the commission of a drug offence
Subdivision 3--Destruction of drug matter if notice required
708. Application of sdiv 3
709. Definitions for sdiv 3
710. Destruction notice may be given to person
711. What destruction notice must state
712. Making sample of drug matter available
713. When drug matter may be destroyed

Division 4--Dealing with weapons

714. Disposal of weapons
715. What is the appointed day for disposal of weapons under s 714

Division 5--Dealing with other things

716. Perishable things

Division 6--Forfeiture

717. Application of div 6
718. Order for forfeiture of particular relevant things
719. Order for forfeiture of relevant things connected with offences

Division 7--Dealing with forfeited things

720. Application of div 7
721. Dealing with forfeited things

Division 8--Arrangements about relevant things

722. Ministerial arrangements for transmission and return of seized things
723. Commissioner may make arrangements

Division 9--Evidentiary provisions

724. Evidentiary provision about particular things in the possession of the police service

Part 4--Use of dangerous drugs for training

Division 1--Preliminary

725. Object of pt 4
726. Definitions for pt 4

Division 2--Drug control officers

727. Appointment and qualifications
728. Appointment conditions
729. Issue of identity card
730. Resignation
731. Return of identity card
732. Function and powers of drug control officer

Division 3--Keeping and use of dangerous drugs for training

733. Keeping dangerous drug for use in police service training
734. Making commissioner direction
735. Entering into agency arrangement
736. Requirements for keeping of dangerous drugs for training purposes

Division 4--Register of dangerous drugs for training

737. Register of dangerous drugs for training
738. Information to be recorded in the register of dangerous drugs for training
739. Restriction on release of information from register of dangerous drugs for training

Part 5--Public interest monitor

740. Public interest monitor
741. Acting monitor
742. Monitor's functions
743. Monitor's annual report
744. Secrecy
745. Protection from liability

CHAPTER 22--PROVISIONS ABOUT EVADING POLICE OFFICERS

Part 1--Preliminary

Division 1--Explanation

746. Explanation of ch 22

Division 2--Interpretation

747. Definitions for ch 22
748. Giving a direction for ch 22
749. What is a warning light for ch 22
750. When a person is charged for this chapter in relation to an evasion offence if proceeding for the offence is started by notice to appear or arrest
751. Impounding or forfeiture of motor vehicle is in addition to other punishment
752. Interaction between ch 4 and this chapter

Division 3--Relationship with Consumer Credit Code

753. Relationship with Consumer Credit Code

Part 2--Offences and related provisions

Division 1--Offences

754. Offence for driver of motor vehicle to fail to stop motor vehicle

Division 2--Matters about investigation of evasion offence

755. When evasion offence notice may be given to owner of motor vehicle involved in offence
756. Who may be prosecuted for evasion offence if no response to evasion offence notice

Division 3--Evidentiary provisions

757. Evidentiary provision

Part 3--Obtaining impounding and forfeiture orders

Division 1--Application provisions

758. Application for impounding order for evasion offence
759. Application for forfeiture order for evasion offence

Division 2--Orders if offence not decided

760. Orders on application for impounding order if evasion offence not decided
761. Orders on application for forfeiture order if evasion offence not decided

Division 3--Advice of date of hearing

762. Advice to owner of date of hearing

Part 4--Deciding applications

Division 1--Where and when application may be heard

763. Where application is to be decided
764. When application to be heard

Division 2--Consideration of applications

765. Consideration of application for impounding order
766. Consideration of application for forfeiture order

Division 3--Other provisions about applications and orders
Subdivision 1--Community service orders

767. Community service instead of impounding or forfeiture order
Subdivision 2--Costs orders if child found guilty of evasion offence
768. Costs order if child found guilty of evasion offence
769. Application of applied sections for s 768
Subdivision 3--Offences
770. Motor vehicle not to be sold etc. before application is decided
771. Offence to remove motor vehicle impounded under court order
Subdivision 4--General
772. Defence
773. Counting the occasions
774. Appeal
775. Powers for enforcing court order
776. Duties of police officer after impounding or seizing motor vehicle
777. Police officer may authorise tow

Part 5--Other provisions

Division 1--Liability for costs of impounding

778. Liability to pay costs of impounding—adult driver
779. Liability to pay costs—child driver
780. Payment of costs if motor vehicle not recovered
781. Registration of costs under State Penalties Enforcement Act 1999

Division 2--Release of impounded motor vehicle

782. Release of motor vehicle impounded under court order

Division 3--Sale, transfer or disposal of impounded or forfeited motor vehicle

783. Sale of motor vehicle if not recovered after impounding ends
784. Voluntary transfer of ownership of motor vehicle to State
785. Disposal of forfeited motor vehicle
786. Application of proceeds of sale

Division 4--Other provisions

787. Protection from liability
788. Third party protection from forfeiture order
789. Review

CHAPTER 23--GENERAL

Part 1A--Provision for Commission for Children and Young People and Child Guardian Act 2000

789A. Power to demand production of CCYPCG document

Part 1--Offences

790. Offence to assault or obstruct police officer
791. Offence to contravene direction or requirement of police officer

Part 2--Other general provisions

792. Performance of duty
793. Helping at fire or hazardous materials emergency
794. Helping coroner investigate a death
795. Disposal of clothing of deceased person
796. Helping courts, etc.
797. Helping during declaration of emergency under Corrective Services Act 2006
798. Service and enforcement of process
799. Provisions restricting starting of proceeding
800. Obtaining warrants, orders and authorities, etc., by telephone or similar facility
801. Steps after issue of prescribed authority
802. Presumption about exercise of powers under prescribed authority
803. Protection of methodologies
804. Compensation
805. Availability of Act
806. Approved forms
807. Review of Act
808. Review of motorbike noise provisions
809. Regulation-making power
810. Renumbering of Act

CHAPTER 24--REPEALS, TRANSITIONAL PROVISIONS AND AMENDMENTS

Part 1--Acts repealed and amended

811. Acts repealed

Part 2--Transitional provisions for Police Powers and Responsibilities Act 2000

Division 1--Transitional provisions commencing at a later date

812. Definitions for div 1
813. Transitional provision about warrants, orders and notices
814. Transitional provision about noise abatement
815. Transitional provision about nuisance in moveable dwelling parks
816. Transitional provisions about registers of covert and enforcement acts
817. Transitional provision about entries in registers
818. Transitional provision about public interest monitor

Part 3--Transitional provisions for Police Powers and Responsibilities (Forensic Procedures) Amendment Act 2003

819. Definitions for pt 3
820. Identifying particulars
821. Medical and dental procedures
822. DNA procedures
823. Police officers authorised to take DNA samples
824. Taking of certain DNA samples
825. QDNA
826. Certain arrangements made by Minister
827. Provision for ch 11, pt 3

Part 4--Transitional provision for Summary Offences Act 2005

828. Vagrants, Gaming and Other Offences Act 1931

Part 5--Transitional provisions for Cross-Border Law Enforcement Legislation Amendment Act 2005

Division 1--Preliminary

829. Definitions for pt 5

Division 2--Controlled activities

830. Transitional provision for controlled activities

Division 3--Controlled operations
Subdivision 1--Definitions

831. Definitions for div 3
Subdivision 2--Controlled operations committee
832. Transitional provisions about committee membership
833. Transitional provisions about committee business
Subdivision 3--Controlled operation approvals
834. Transitional provisions for police service controlled operation approvals
835. Transitional provisions for CMC controlled operation approvals
836. Transitional provision for pre-commencement day recommendations
Subdivision 4--Covert operatives
837. Transitional provisions for police service covert operatives
838. Transitional provisions for CMC covert operatives

Division 4--Assumed identities

839. Authorities for identity documents that are birth certificates
840. Identity documents other than birth certificates

Division 5--Surveillance devices
Subdivision 1--Definitions

841. Definitions for div 5
Subdivision 2--Transitional provisions for police service surveillance devices
842. Transitional provisions for existing police service surveillance devices
843. Transitional provisions for protection of records
844. Transitional provision for use and disclosure of information obtained from using surveillance devices
Subdivision 3--Transitional provisions for CMC surveillance devices
845. Transitional provisions for existing CMC surveillance devices
846. Transitional provisions for protection of records
847. Transitional provisions for use and disclosure of information obtained from using surveillance devices

Division 6--General

Part 6--Transitional provisions for Police Powers and Responsibilities (Motorbike Noise) Amendment Act 2005

849. Definitions for pt 6
850. Existing proceedings
851. Existing impoundments
852. Existing orders
853. Existing references

Part 7--Transitional and other provisions for Police Powers and Responsibilities and Other Acts Amendment Act 2006

854. Particular evidentiary certificates under s 318ZZB
855. Effect of declaration under s 608
856. Transitional provision for former s 432
857. Controlled activities
859. Declaratory provision about renumbering

Part 8--Transitional provisions for Summary Offences and Other Acts Amendment Act 2007

860. References to provisions in s 861
861. Effect of particular amendments

Part 9--Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2006

862. Costs of impoundment
863. Existing references
864. Amendment of regulation by Police Powers and Responsibilities and Other Legislation Amendment Act 2006 does not affect powers of Governor in Council

Part 10--Transitional provision for Criminal Code and Other Acts Amendment Act 2008

865. Reference to particular offences
SCHEDULE 1 -- ACTS NOT AFFECTED BY THIS ACT
SCHEDULE 2 -- RELEVANT OFFENCES FOR CONTROLLED OPERATIONS AND SURVEILLANCE DEVICE WARRANTS
1. Classification of Computer Games and Images Act 1995
2. Classification of Films Act 1991
3. Classification of Publications Act 1991
4. Criminal Code
5. Prostitution Act 1999
6. Weapons Act 1990

SCHEDULE 3 -- RELEVANT OFFENCES FOR CHAPTER 13 DISCLOSURE OF INFORMATION PROVISIONS
1. Child Protection (Offender Reporting) Act 2004
2. Classification of Computer Games and Images Act 1995
3. Classification of Films Act 1991
4. Classification of Publications Act 1991
5. Corrective Services Act 2006
6. Criminal Code
7. Criminal Proceeds Confiscation Act 2002
8. Explosives Act 1999
9. Juvenile Justice Act 1992
9A. Summary Offences Act 2005
10. Terrorism (Preventative Detention) Act 2005
11. Weapons Act 1990
SCHEDULE 4 -- RENUMBERED CROSS-REFERENCES
SCHEDULE 5 -- ADDITIONAL CONTROLLED ACTIVITY OFFENCES

Part 1--Indictable offences
1. Criminal Code
2. Drugs Misuse Act 1986
3. Weapons Act 1990

Part 2--Simple offences
4. Animal Care and Protection Act 2001
5. Criminal Code
6. Criminal Proceeds Confiscation Act 2002
7. Drugs Misuse Act 1986
8. Explosives Act 1999
9. Prostitution Act 1999
9A. Summary Offences Act 2005
10. Weapons Act 1990
SCHEDULE 6 -- DICTIONARY
Endnotes

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