POLICE POWERS AND RESPONSIBILITIES REGULATION 2012 - SCHEDULE 9

POLICE POWERS AND RESPONSIBILITIES REGULATION 2012 - SCHEDULE 9

SCHEDULE 9 – Responsibilities code

Part 1 - Preliminary

1 Short title

This code may be cited as the Police Responsibilities Code 2012.

2 Code does not generally apply to covert operations

Unless this code otherwise expressly provides, this code does not apply to functions of a police officer performed as part of a covert operation.

Part 2 - Powers and responsibilities relating to search warrants, obtaining documents, and crime scenes

Division 1 - Search warrants

3 Search warrant application

(1) An application for a search warrant under section 150 of the Act must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) a description of the place to be searched;

(c) for an occupied place, the name of the occupier of the place, if known;

(d) the offence, suspected offence or confiscation related activity to which the application relates;

(e) for a forfeiture proceeding—the Act under which the proceeding may be started;

(f) a description of the nature of the thing sought that is reasonably suspected of being evidence of—

(i) the commission of the offence; or

(ii) the confiscation related evidence in relation to the confiscation related activity;

(g) information or evidence being relied on to support a reasonable suspicion that evidence of the commission of an offence or the confiscation related evidence is—

(i) at the place; or

(ii) likely to be taken to the place within the next 72 hours;

(h) for each search warrant issued in the previous year in relation to the place or a person suspected of being involved in the commission of the offence or suspected offence, or the confiscation related activity, to which the application relates—

(i) when and where the warrant was issued; and

(ii) the type of offence or confiscation related activity to which the warrant related; and

(iii) whether anything was seized under the warrant or a proceeding was started after a search.

(2) If authority to exercise any of the following powers under the search warrant is being sought, the application must state why it is necessary to exercise the power—

(a) to search anyone found at the place for anything sought under the warrant that can be concealed on the person;

(b) to search anyone or anything in, on or about to board, or be put on, a transport vehicle;

(c) to—

(i) take a vehicle to a place with appropriate facilities for searching the vehicle; and

(ii) search the vehicle for evidence of the commission of an offence that may be concealed in the vehicle.

Examples for subsection (2)—

1 The power to search anyone found at the place may be necessary because the nature of the thing sought may be concealed on a person.

2 The power to search anyone or anything in, on or about to board, or be put on, a transport vehicle may be necessary because the offence relates to a transport vehicle and involves the safety of the vehicle or anyone who may be in or on it.

3 The power to take a vehicle to a place with appropriate facilities for searching the vehicle may be necessary because the nature of the thing sought may be concealed in a vehicle or because the vehicle needs to be scientifically examined.

(3) If the application includes the authority to execute the warrant at night, the application must state why it is necessary to execute the warrant at night.

Example for subsection (3)—

It may be necessary to execute the warrant at night for an early morning search to prevent the loss or destruction of evidence, or because the occupier is only at the place at night.

(4) If the application is for an order requiring a stated person to give to a police officer stated documents, the application must state—

(a) the name or position of the person to be ordered to produce the documents; and

(b) a description of the documents.

Example for subsection (4)—

An order requiring a person to give stated types of documents to a police officer may be necessary because the place contains many documents unrelated to the offence or forfeiture proceeding or because the documents are stored electronically, and accessing the relevant documents is difficult.

Division 2 - Post-search approval

4 Post-search approval application

An application for a post-search approval order under section 161 (1) of the Act must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) the information or evidence relied on to support the reasonable suspicion—

(i) in the circumstances existing before the search, that the commission of an offence was at or about the place, or in the possession of a person at or about the place, and would have been concealed or destroyed unless the place was immediately entered and searched; or

(ii) a part 2 offence had been, was being, or may be committed in, on or in relation to a transport vehicle and involves the safety of the vehicle or anyone who may be in or on it;

Note—

For the definition of a
"part 2 offence" , see section 159 of the Act .

(c) in relation to the thing sought—

(i) the type of offence in relation to which the search was conducted; or

(ii) the Act under which a forfeiture proceeding may be started;

(d) the nature of the thing sought that was reasonably suspected of being evidence of the commission of an offence;

(e) the time, date and place of the search;

(f) a description of anything seized because of the search;

(g) the name, age and address of each person detained or searched, if known;

(h) information about any proceeding started against a person, before or because of the search, for an offence in relation to which the search was conducted;

(i) if an order under the Act , section 693 or 694 for a declaration of who is the owner or for the retention, disposal, return or destruction of anything seized is sought, why the order should be made.

5 Appeal—Act, s 163

(1) This section applies if a police officer considers the commissioner should appeal under section 163 of the Act against a decision of a magistrate.

(2) The police officer must give the commissioner a report explaining the reasons for the appeal.

(3) The report must be accompanied by the following—

(a) a copy of the application for the post-search approval;

(b) a copy of any transcript of the proceeding for the application;

(c) an affidavit—

(i) identifying any document relevant to the appeal; and

(ii) stating anything else relevant to the appeal.

Division 3 - Crime scenes

6 Who is an authorised assistant for crime scene powers

For the Act , schedule 6 , definition authorised assistant , an assistant is authorised for the Act if—

(a) the assistant is not a police officer; and

(b) in the opinion of the responsible officer at a crime scene, the assistant has specialised knowledge or skills of a kind necessary for exercising a power mentioned in section 176 (1) of the Act at a crime scene; and

Examples for paragraph (b)—

• a doctor, pathologist or forensic scientist

• a photographer or fingerprint expert

• an electrician or carpenter

• a person who can operate an excavator or another machine

(c) the assistant is asked by the responsible officer or an investigating police officer to exercise the power at the crime scene.

7 Crime scene warrant application

(1) An application for a crime scene warrant under section 170 (1) of the Act must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) a description of the place to which the application relates;

(c) for an occupied place, the name of the occupier of the place, if known, and—

(i) when the occupier was given notice of the application; or

(ii) if the occupier has not been given notice, why notice has not been given;

(d) information or evidence being relied on to reasonably satisfy the issuer of the warrant that—

(i) an indictable offence, for which the maximum penalty is at least 4 years imprisonment, happened at the place; or

(ii) an offence involving deprivation of liberty happened at the place; or

(iii) there may be evidence at the place, of a significant probative value, of the commission of an offence mentioned in subparagraph (i) or (ii) that happened at another place;

(e) whether the application—

(i) is to establish a crime scene; or

(ii) relates to a crime scene established under section 165 of the Act ;

(f) the suspected offence to which the application relates;

(g) if the crime scene is not where the relevant offence happened—when and where the relevant offence happened, if known;

(h) why it is necessary to protect the place to search for and gather evidence of the commission of the relevant offence;

(i) information about any proceeding started against a person for the relevant offence.

(2) In this section—


"relevant offence" , for a crime scene, means the suspected offence for which the crime scene is, or is to be, established.

8 Crime scene warrant extension application

An application for the extension of a crime scene warrant under section 173 (2) of the Act must be accompanied by a copy of the original warrant and state the following—

(a) the applicant’s name, rank, registered number and station;

(b) when and where the crime scene was established;

(c) for a crime scene that is an occupied place—

(i) when the occupier was given notice of the application; or

(ii) if the occupier has not been given notice, why notice has not been given;

(d) what investigations have been conducted at the crime scene;

(e) why it is necessary to extend the warrant;

(f) information about any proceeding started against a person for the offence for which the crime scene was established;

(g) the time for which the extension is sought.

Division 4 - Production notices and access orders

9 Production notice application

An application for a production notice under section 180 (2) of the Act must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) the name of the cash dealer to be given the notice;

(c) the offence, suspected offence or confiscation related activity to which the application relates or, for a forfeiture proceeding, the Act under which the proceeding may be started;

(d) the nature of the documents sought;

Examples for paragraph (d)—

• documents relating to transactions conducted by B between 31 December 1993 and 1 July 1995

• documents relating to mortgages or property sales to which B is a party

(e) information or evidence being relied on to support a reasonable suspicion documents held by the cash dealer may be—

(i) evidence of the commission of the offence; or

(ii) confiscation related evidence in relation to the confiscation related activity;

(f) the applicant suspects that someone other than the cash dealer committed the offence or suspected offence or was involved in the confiscation related activity;

(g) for each production notice issued within the previous year in relation to the person suspected of being involved in the commission of the offence or suspected offence or the confiscation related activity to which the application relates—

(i) when and where the notice was issued; and

(ii) the type of offence or confiscation related activity to which the notice related; and

(iii) whether anything was seized or a proceeding started because of the notice.

10 Access order application

(1) An application for an access order under section 185 (1) of the Act must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) the name of the cash dealer to whom the application relates;

(c) the nature of the document sought under the production notice to which the application relates;

(d) the cash dealer has produced a document it claims contains privileged communications;

(e) the person for whom the cash dealer claims the document contains privileged communication, if known;

(f) the grounds the cash dealer claims the document contains privileged communication, if known;

(g) when notice of the application was given to the cash dealer;

(h) why access to the document is necessary;

(i) the type of order sought.

(2) The application must be accompanied by the following—

(a) a copy of the application for the production notice;

(b) a copy of the production notice given to the cash dealer;

(c) the sealed container or envelope containing the document to which the application relates.

Division 5 - Production orders

11 Production order application

An application for a production order under section 189 (2) of the Act must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) the name of the person to whom the application relates (the
"named person" );

(c) the name of the person to be given the production order;

(d) the confiscation offence or serious crime related activity to which the application relates;

(e) the nature of the property tracking document sought under the production order;

(f) the information or evidence being relied on to support a reasonable suspicion the named person possesses a document that may be a relevant property tracking document;

(g) for each production order issued within the previous year in relation to the named person—

(i) when and where the order was issued; and

(ii) how long the order was in force; and

(iii) the type of confiscation offence or serious crime related activity to which the order related; and

(iv) how the order helped in the investigation or another investigation; and

(v) information about any proceeding started because of the use of the order.

Part 2A - Powers and responsibilities relating to missing person scenes

11A Who is an authorised assistant for missing person powers

For the Act , schedule 6 , definition authorised assistant , an assistant is authorised for the Act if—

(a) the assistant is not a police officer; and

(b) in the opinion of the responsible officer for a missing person scene, the assistant has specialised knowledge or skills of a kind necessary for exercising a power mentioned in section 179P (1) of the Act at the scene; and

Examples—

carpenter, electrician, locksmith, photographer

(c) the assistant is asked by the responsible officer or an investigating police officer to exercise the power at the missing person scene.

11B Missing person warrant application

An application for a missing person warrant under section 179J (1) of the Act must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) a description of the place to which the application relates;

(c) for a missing person scene that is an occupied place—

(i) when the occupier was given notice of the application; or

(ii) if the occupier has not been given notice, why notice has not been given;

(d) information or evidence being relied on to satisfy the issuer of the missing person warrant of any of the following—

(i) the missing person is high-risk;

(ii) the place is a residence, place of employment or vehicle for the missing person;

(iii) the missing person may be at the place;

(iv) information that will assist in locating the missing person is likely to be found at the place;

(e) whether the application is to—

(i) establish a missing person scene; or

(ii) confirm a missing person scene established under section 179E of the Act ;

(f) the name of the missing person for whom the missing person scene was, or is to be, established;

(g) why it is necessary to protect the place to search for and gather information about the disappearance of the missing person;

(h) information about any proceeding started against a person in relation to the disappearance for which the missing person scene was, or is to be, established.

11C Missing person warrant extension application

An application for the extension of a missing person warrant under section 179M (2) of the Act must be accompanied by a copy of the original warrant and state the following—

(a) the applicant’s name, rank, registered number and station;

(b) when and where the missing person scene was established;

(c) for a missing person scene that is an occupied place—

(i) when the occupier was given notice of the application; or

(ii) if the occupier has not been given notice, why notice has not been given;

(d) what investigations have been conducted at the missing person scene;

(e) why it is necessary to extend the warrant;

(f) information about any proceeding started against a person for the disappearance for which the missing person scene was established;

(g) the time for which the extension is sought.

Part 3 - Powers and responsibilities relating to gathering covert evidence

Division 1 - Monitoring orders and suspension orders—Act, chapter 8, parts 2 and 3

12 Monitoring order or suspension order application

(1) Subsection (2) applies to an application for—

(a) a monitoring order under section 199 of the Act ; or

(b) a suspension order under section 205 of the Act .

(2) The application must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) the name of the financial institution to be given the order;

(c) the named person to whom the application relates;

(d) the confiscation offence, serious crime related activity or serious crime derived property to which the application relates;

(e) the information or evidence being relied on to support a reasonable suspicion that the named person—

(i) has committed, or is about to commit, the confiscation offence; or

(ii) was involved in the commission, or is about to be involved in the commission, of the confiscation offence; or

(iii) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of the confiscation offence; or

(iv) has been, or is about to be, involved in the serious crime related activity; or

(v) has acquired directly or indirectly, or is about to acquire directly or indirectly, the serious crime derived property;

(f) the name or names in which each relevant account is believed to be held;

(g) the type of information the institution is to be required to give;

(h) for each monitoring order or suspension order issued in the previous year in relation to an account held with the financial institution by the named person—

(i) when and where the order was issued; and

(ii) how long the order was in force; and

(iii) the type of confiscation offence, serious crime related activity or serious crime derived property to which the order related; and

(iv) how the order helped in the investigation or another investigation; and

(v) information about any proceeding started because of the use of the order.

Division 2 - Surveillance device warrant applications and use of surveillance devices

13 Applications to Supreme Court judge to be made with help of lawyer

An application under section 328 of the Act to a Supreme Court judge for a surveillance device warrant must, if reasonably practicable, be made with the help of a lawyer approved by the commissioner.

14 Security of monitoring premises and facilities used under a surveillance device warrant

(1) This section applies to premises (the
"monitoring premises" ) containing monitoring equipment being used under a surveillance device warrant.

(2) The monitoring premises must—

(a) be capable of being locked; and

(b) have suitable facilities for securely storing recordings made under the warrant; and

(c) be used in a way that prevents anyone outside it from hearing or seeing anything being listened to or monitored.

(3) An authorised person must take reasonable steps to ensure—

(a) when the monitoring premises are unattended, the premises are locked and any recordings made under the warrant are securely stored at the premises or another secure place; and

(b) only the following enter the monitoring premises—

(i) police officers helping or involved in the investigation;

(ii) if the authorised person is not the senior officer to whom the warrant was issued—the senior officer;

(iii) a person responsible for the management of the premises;

(iv) a person appointed by the commissioner to investigate misconduct;

(v) an authorised monitor;

(vi) any other person the authorised person permits to be in the premises for helping in the investigation.

(4) This section does not apply to the exercise of powers in Queensland under a corresponding warrant or corresponding emergency authorisation.

(5) In this section—


"authorised monitor" , in relation to monitoring premises containing monitoring equipment being used under a surveillance device warrant, means a person authorised by the senior officer to whom the warrant was issued to use the equipment whether or not a police officer is present while the person is using the equipment.


"authorised person" , in relation to monitoring premises containing monitoring equipment being used under a surveillance device warrant, means—

(a) the senior officer to whom the warrant was issued; or

(b) a law enforcement officer authorised by the senior officer to use the equipment.

"monitoring equipment" means equipment used to electronically monitor and record information obtained through the use of a surveillance device.

Division 3 - Covert search

15 Applications to be made with help of lawyer

An application under section 212 (1) of the Act for a covert search warrant must, if reasonably practicable, be made with the help of a lawyer approved by the commissioner.

16 Covert search warrant application

An application for a covert search warrant under section 212 (1) of the Act must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) a description of the place to be searched;

(c) the type of designated offence, organised crime or terrorism to which the application relates;

(d) for an occupied place—the name of the occupier of the place and any person reasonably suspected of being involved in the designated offence, organised crime or terrorism, if known;

(e) a description of the nature of the thing sought that is reasonably suspected of being evidence of the commission of a designated offence, organised crime or terrorism;

(f) the information or evidence being relied on to satisfy a judge there are reasonable grounds for believing there is evidence of the designated offence, organised crime or terrorism at the place;

(g) for each warrant issued in the previous year in relation to the place or person suspected of being involved in the designated offence, organised crime or terrorism to which the application relates—

(i) the type of warrant; and

(ii) when and where the warrant was issued; and

(iii) for a surveillance device warrant or covert search warrant, how long the warrant was in force; and

(iv) whether the warrant related to a person or a place; and

(v) the type of designated offence, organised crime or terrorism to which the warrant related; and

(vi) any evidence seized during a search carried out under the warrant; and

(vii) how a previous covert search or surveillance device warrant helped in relation to the investigation related to the previous covert search or surveillance device warrant; and

(viii) information about any proceeding started as a result the execution of the warrant.

17 Covert search warrant extension application

An application for an extension of a covert search warrant under section 217 (2) of the Act must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) a description of the place to be searched;

(c) for an occupied place—the name of the occupier of the place and any person reasonably suspected of being involved in the offence, if known;

(d) the type of designated offence, organised crime or terrorism to which the warrant relates;

(e) a description of the nature of the thing sought that is reasonably suspected of being evidence of the commission of a designated offence, organised crime or terrorism;

(f) information or evidence being relied on to satisfy a judge there are reasonable grounds for believing there is evidence of a designated offence, organised crime or terrorism at the place;

(g) information included in the application for the covert search warrant about each warrant issued in the previous year in relation to the place or person suspected of being involved in the designated offence, organised crime or terrorism to which the application relates.

18 Report on covert search warrant

A report made under section 220 (2) must be accompanied by a copy of the warrant and state the following—

(a) the reporting police officer’s name, rank, registered number and station;

(b) the designated offence, organised crime related offence or terrorism to which the warrant relates;

(c) when the powers under the warrant were exercised;

(d) the facts and circumstances of compliance with the warrant and the conditions of its issue;

(e) particulars of anything seized, inspected or photographed under the warrant;

(f) a description of any order sought in relation to anything seized or photographed under the warrant and the reason for the order.

Examples of an order for this section—

1 An order that anything seized and any photograph taken be retained for the purpose of the investigation of the designated offence, organised crime or terrorism related offence or another serious indictable offence.

2 An order that anything seized and any photograph taken be retained for the purpose of a proceeding started under the Criminal Proceeds Confiscation Act 2002 relating to an offence arising out of the investigation.

3 An order that anything seized and any photograph taken be retained for use as evidence in the prosecution of the persons named in the application.

4 An order that a thing seized be destroyed in a way the commissioner considers appropriate.

Part 4 - Powers and responsibilities relating to arrest and custody powers

19 DNA sample order application—child—Act, s 488(2)

An application under section 488 (2) of the Act for an order of a Childrens Court authorising a DNA sampler to take a DNA sample from a child for DNA analysis must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) the name of the child;

(c) that a stated indictable offence has been committed;

(d) the information or evidence that may be relied on to support a reasonable suspicion the child has committed the indictable offence;

(e) that taking a DNA sample for DNA analysis may tend to prove or disprove the child’s involvement in the offence;

(f) that notice of the making of the application has been given under the Act , section 488 (3) and when the notice was given.

20 Disease test order application

An application under section 540 (2) of the Act for a disease test order must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) the name of the person to whom the application relates (the
"named person" );

(c) that the police officer reasonably suspects the named person has committed a chapter 18 offence;

Note—

For the definition of
"chapter 18 offence" , see section 538 of the Act .

(d) that taking a blood and urine sample may help find out whether the named person may have transmitted a relevant disease to the victim of the offence;

(e) information supporting the application and indicating semen, blood, saliva or another bodily fluid may have been transmitted to another person during or soon after the commission of the offence;

(f) the named person has been advised of the person’s right to have a lawyer present at the hearing of the application;

(g) if the person is a child—notice of the application has been given under the Act , section 541 (2) and when the notice was given.

Part 5 - Powers and responsibilities relating to investigations and questioning for indictable offences

Division 1 - Questioning relevant persons about indictable offences

21 Application of div 1

This division only applies to indictable offences.

22 Asking persons to attend for questioning

(1) This section applies if a police officer wants to question a person as a suspect, other than a person mentioned in section 398 of the Act .

(2) If the police officer approaches the person when not at a police station or police establishment, the police officer must caution the person in a way substantially complying with the following—

‘I am (name and rank) of (name of police station or police establishment).

I wish to question you about (briefly describe offence).

Are you prepared to come with me to (place of questioning)?

Do you understand that you are not under arrest and you do not have to come with me?’.

(3) If the person is not in the company of a police officer and attends a police station or police establishment for questioning, the caution must substantially comply with the following—

‘I am (name and rank) of (name of police station or police establishment).

I wish to question you about (briefly describe offence).

Did you come here of your own free will?’.

(4) Before the police officer starts to question the person, the police officer must caution the person in a way substantially complying with the following—

‘Do you understand you are not under arrest?

Do you understand you are free to leave at any time unless you are arrested?’.

(5) If the police officer reasonably suspects the person does not understand the caution, the officer may ask the person to explain the meaning of the caution in the person’s own words.

(6) If necessary, the police officer must further explain the caution.

23 Right to communicate with friend, relative or lawyer

(1) If a police officer is required to inform a relevant person of the matters mentioned in section 418 (1) (a) or (b) of the Act , the police officer must inform the person in a way substantially complying with the following—

‘You have the right to telephone or speak to a friend or relative to inform that person where you are and to ask him or her to be present during questioning.

You also have the right to telephone or speak to a lawyer of your choice to inform the lawyer where you are and to arrange or attempt to arrange for the lawyer to be present during questioning.

If you want to telephone or speak to any of these people, questioning will be delayed for a reasonable time for that purpose.

Is there anyone you wish to telephone or speak to?’.

(2) If the police officer reasonably suspects the relevant person does not understand the information, the police officer may ask the relevant person to explain the meaning of the information in the person’s own words.

(3) If necessary, the police officer must further explain the information.

(4) If the relevant person wants to speak to a lawyer, the police officer must, without unreasonable delay, make available to the person—

(a) if the police officer has available a list of lawyers for the region and the person has not asked to speak to a particular lawyer—the list; or

(b) a telephone directory for the region.

(5) A police officer must not do or say anything with the intention of—

(a) dissuading the relevant person from obtaining legal advice; or

(b) persuading a relevant person to arrange for a particular lawyer to be present.

24 Right to remain silent not affected

(1) This section applies if a person, the person’s lawyer, or someone whose presence is required during questioning of a person indicates to the police officer questioning or intending to question the person—

(a) if questioning has not started—the person does not want to answer questions; or

(b) if questioning has started—the person does not want to answer any further questions.

(2) The police officer must clarify the person’s intention to exercise the person’s right to silence by asking the person—

(a) whether the person does not want to answer any questions generally or only questions about the offence for which the person is being questioned; and

(b) if any further question was asked relating to the offence or another offence, whether the person would not answer the question.

(3) If the person confirms the person does not want to answer any questions, the police officer must not question or continue to question the person.

(4) However, if the person later indicates that the person is prepared to answer questions, a police officer must, before questioning or continuing to question the person, ask the person—

(a) why the person has decided to answer questions; and

(b) if a police officer or someone else in authority has told the person to answer questions.

25 Questioning of Aboriginal peoples and Torres Strait Islander peoples

(1) A police officer who is about to question a relevant person the police officer reasonably suspects is an adult Aboriginal person or Torres Strait Islander person must first ask questions necessary to establish the person’s level of education and understanding.

(2) Subsection (1) does not apply if the police officer already knows the relevant person.

(3) The questions the police officer may ask include questions, not related to the relevant person’s involvement in the offence, that may help the police officer decide if the person—

(a) is capable of understanding the questions put to the person, what is happening to the person and the person’s rights at law; and

(b) is capable of effectively communicating answers to the questions; and

(c) is aware of the reason the questions are being asked.

(4) If the police officer considers it is necessary to notify a representative of a legal aid organisation that the relevant person is about to be questioned in relation to an offence, the police officer must inform the relevant person of the intention to notify the legal aid organisation, in a way substantially complying with the following—

‘As you have not arranged for a lawyer to be present, a legal aid organisation will be notified you are here to be questioned about your involvement in an indictable offence.’.

(5) If the relevant person has indicated the person does not wish to telephone or speak to a support person or arrange for a support person to be present during questioning, the police officer conducting the questioning must inform the relevant person that the person may have a support person present during the questioning.

(6) The information given under subsection (5) must substantially comply with the following—

‘Is there any reason why you don’t want to telephone or speak to a support person and arrange for a person to be present during questioning?

Do you understand that arrangements can be made for a support person to be present during the questioning?

Do you also understand that you do not have to have a support person present during questioning?

Do you want to have a support person present?’.

(7) If the police officer reasonably suspects the relevant person is at a disadvantage in comparison with members of the Australian community generally, and the person has not arranged for a support person to be present during the questioning, the police officer must arrange for a support person to be present.

26 Cautioning relevant persons about the right to silence

(1) A police officer must caution a relevant person about the person’s right to silence in a way substantially complying with the following—

‘Before I ask you any questions I must tell you that you have the right to remain silent.

This means you do not have to say anything, answer any question or make any statement unless you wish to do so.

However, if you do say something or make a statement, it may later be used as evidence.

Do you understand?’.

(2) If the police officer reasonably suspects the relevant person does not understand the caution, the police officer may ask the person to explain the meaning of the caution in the person’s own words.

(3) If necessary, the police officer must further explain the caution.

(4) If questioning is suspended or delayed, the police officer must ensure the relevant person is aware the person still has the right to remain silent and, if necessary, again caution the person when questioning resumes.

(5) If a police officer cautions a relevant person in the absence of someone else who is to be present during the questioning, the caution must be repeated in the other person’s presence.

27 Provision of information relating to a relevant person

(1) If a person who is a relative, friend or lawyer of a relevant person asks for information about the relevant person’s whereabouts, the police officer receiving the request must, if the person asking for the information is not known to the police officer, ask the person—

(a) if the person is a relative or friend of the relevant person and their name and address; and

(b) if the person is the relevant person’s lawyer and if so, the person’s place of business; and

(c) if the person makes the request personally—for proof of identity.

(2) The police officer may also ask any other question the police officer considers necessary to establish that the person is a relative, friend or lawyer of the relevant person.

(3) Also, the police officer must make or cause to be made a check of the register for information about the relevant person.

28 Right to interpreter

(1) This section applies, for section 433 of the Act , to a police officer for—

(a) forming a reasonable suspicion about whether a relevant person is able to speak with reasonable fluency in English; and

(b) arranging for the presence of an interpreter during questioning of a relevant person.

(2) The police officer may ask the relevant person questions, other than a question related to the person’s involvement in the offence for which the person is to be questioned, that will help the police officer form the reasonable suspicion.

(3) In particular, the police officer may ask questions that may help the police officer decide whether or not the relevant person—

(a) is capable of understanding the questions; and

(b) is capable of understanding what is happening; and

(c) is capable of understanding the person’s rights at law; and

(d) is capable of effectively communicating answers to the questions; and

(e) is aware of the reason the questions are being asked.

29 Right of visiting foreign national to communicate with embassy etc.

(1) This section applies, for section 434 of the Act , if a police officer reasonably suspects a relevant person is not—

(a) an Australian citizen; or

(b) a foreign national with a right of residence in Australia.

(2) For deciding whether the relevant person is or is not an Australian citizen or a foreign national with a right of residence in Australia the police officer may ask the relevant person questions, other than a question related to the person’s involvement in the offence for which the person is to be questioned.

(3) If the police officer reasonably suspects the person is not an Australian citizen or a foreign national with a right of residence in Australia the police officer must inform the relevant person of the person’s rights under section 434 of the Act in a way substantially complying with the following—

‘Before I ask you any questions I must tell you that you have the right to telephone, or attempt to telephone, the embassy or consular office of the country of which you are a citizen.

Do you want to telephone your embassy or consular office?’.

(4) If the police officer reasonably suspects the relevant person does not understand the information, the police officer may ask the person to explain the information in the person’s own words.

(5) If necessary, the police officer must further explain the information.

30 Rights of a person to be electronically recorded

(1) If it is not reasonably practicable for a police officer to electronically record the giving to a relevant person of information, including a caution, the police officer must make a written record of the giving of the information and the person’s response.

(2) The police officer must make the record as if section 437 of the Act applied to the giving of the information and the response.

31 Procedure for reading back a written record—Act, s 437(5)

(1) This section applies if a police officer is required under section 437 (5) of the Act to give an explanation to a relevant person of the procedure to be followed to comply with the section.

(2) The police officer must explain the procedure in a way substantially complying with the following—

‘Some of the questions I have asked you and your responses have not been electronically recorded.

I have made a written record of the unrecorded conversation. This is your copy of the record. I will now read the written record aloud.

If you consider there is an error in the record or there is something left out of the record, you should say so after I read that part of the record aloud.

You will then be asked to say what the record should read.

Do you understand this is your opportunity to disagree with anything in the written record?

Do you understand this procedure?’.

(3) If the police officer reasonably suspects the relevant person does not understand the explanation, the police officer may ask the person to explain the procedure in the person’s own words.

(4) If necessary, the police officer must further explain the procedure.

Division 2 - Questioning detained persons

32 Removal order application

An application under section 399 (2) of the Act for a removal order must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) the name and age of the person to whom the application relates;

(c) the location of the person or detention centre;

(d) whether the person is in custody for an offence that has not been decided, or under sentence for a term of imprisonment or, for a child, under a detention order;

(e) the type of indictable offence to which the questioning or investigation relates;

(f) whether the removal of the person into police custody is for questioning the person or for a stated investigative procedure;

(g) whether the person has been advised of the application;

(h) information or evidence about the nature and seriousness of the offence;

(i) information or evidence that may be relied on—

(i) to support a suspicion the person has committed the offence mentioned in the application; and

(ii) to satisfy a magistrate removal of the person from the prison or detention centre is necessary for questioning the person or the investigation of the offence.

33 Detention period extension application

(1) An application under section 405 (1) of the Act for the extension of a detention period must be made in a way that allows the relevant person or the person’s lawyer to make submissions about the application.

Example for subsection (1)—

If the application is faxed to a magistrate, the relevant person may speak to the magistrate by telephone.

(2) Before the application is made, the police officer must—

(a) tell the relevant person or the person’s lawyer that the police officer intends to make the application; and

(b) give the relevant person or the person’s lawyer a copy of the application; and

(c) ask the person or the person’s lawyer if the person—

(i) agrees to the proposed application or wants to oppose it; and

(ii) wants to make submissions or say anything to the justice or magistrate hearing the application.

(3) The application must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) the following information about the person to whom the application relates—

(i) the person’s name, age and address;

(ii) whether the person is in custody under the Corrective Services Act 2006 or the Youth Justice Act 1992 for an offence that has not been decided or under a sentence for a term of imprisonment or, for a child, a detention order;

(iii) whether the person is an Aboriginal person, a Torres Strait Islander person, a child, or a person with impaired capacity;

(iv) if the person is a child—whether a parent of the child has been advised of the child’s detention;

(c) whether, since the questioning or detention started, the person has asked to telephone or speak to a relative, friend, lawyer or support person and has since spoken to a relative, friend, lawyer or support person;

(d) when the detention period started, how long the person has been questioned, and what delays to questioning have happened;

(e) the offence to which the questioning or investigation relates and information and evidence about the nature and seriousness of the offence;

(f) information or evidence supporting a reasonable suspicion the relevant person has committed the offence mentioned in the application;

(g) what investigations have taken place;

(h) why further detention of the person is necessary;

(i) the time sought for time out, the purpose of the time out, and the period of time sought for questioning.

(4) The applicant must tell the justice or magistrate whether or not the relevant person or the person’s lawyer wants to make submissions or say anything to the justice or magistrate.

Division 3 - Provisions about support persons

34 Ensuring support persons understand role

(1) Before a police officer questions a relevant person in the presence of a support person, the police officer must—

(a) give the support person information in the approved form about the role of support persons during questioning; and

(b) ensure, as far as practicable, that the person understands the nature of the support person’s role; and

(c) if the support person asks, give an explanation of anything relevant to the person’s role as a support person; and

(d) inform the support person of the identity of the relevant person and why the person is being questioned.

(2) The information must include the following—

(a) a summary of sections 427 , 428 , 429 and 430 of the Act ;

(b) a statement that the support person must act in the best interests of the relevant person;

(c) a statement that, unless the support person is a lawyer, the support person must not provide legal advice to the relevant person but may ask the relevant person questions to ensure the relevant person understands—

(i) that the person may ask for a lawyer to be present during questioning or at any time before questioning ends; and

(ii) that the person is not obliged to say anything during questioning; and

(iii) that anything the relevant person says during questioning may be used in evidence in a court; and

(iv) what is said by a police officer during questioning.

Part 6 - Responsibilities relating to persons in custody

Division 1 - General requirements for identification procedures

35 Management of witnesses during identification procedure

(1) The way an identification procedure is conducted must allow only 1 witness involved in the procedure to see or hear the procedure at a time.

(2) After taking part in the procedure, the witness must, as far as reasonably practicable, be prevented from speaking about the identification procedure to any other witness until the procedure ends.

(3) The way a witness identifies a person during an identification procedure must, if reasonably practicable, be electronically recorded.

(4) A police officer must not stop a person being present during the procedure to support the witness unless—

(a) the other person is a witness involved in the procedure; or

(b) the officer suspects the person will influence the witness’s decision or disrupt the procedure.

(5) If a police officer stops someone being present during the identification procedure to support a witness, the police officer must—

(a) give the witness the reasons for stopping the person being present; and

(b) advise the witness that the witness may arrange for someone else to be present to support the witness; and

(c) if asked, allow someone else to be present.

Division 2 - Identification parades

36 Application of div 2

This division applies if a police officer conducts an identification parade that includes a suspect.

37 Recording of identification parade

If reasonably practicable, a police officer must cause the behaviour and position of each person in an identification parade to be photographed or otherwise electronically recorded.

38 Explanation of procedure

(1) A police officer must explain the procedure for an identification parade to a suspect before conducting the identification parade.

(2) If the police officer reasonably suspects the suspect does not understand the procedure, the police officer must ask the suspect to explain the procedure in the suspect’s own words.

(3) If necessary, the police officer must further explain the procedure.

(4) The explanation must include the police officer telling the suspect the following—

(a) the identification parade can not be conducted unless the suspect agrees;

(b) the suspect may have a friend, relative or lawyer present at the identification parade if the friend, relative or lawyer can attend within a reasonable time;

(c) anyone present may not interfere with the procedure in any way;

(d) the suspect may choose a position in the parade and change position in the parade after each witness has viewed the parade;

(e) the suspect’s identity will not be given to a witness unless the witness identifies the suspect and a proceeding is started against the suspect.

39 Identification parade conditions

A police officer conducting an identification parade must, as far as reasonably practicable, replicate the conditions, described by the witness, when the witness saw a person involved in the offence, for example, by—

(a) changing the lighting in the room; or

(b) varying the distance from which the witness views the identification parade; or

(c) concealing aspects of the participants.

40 Conducting the identification parade

(1) Each witness must view the identification parade separately.

(2) The police officer conducting the identification parade must ask the witness to carefully view the parade and to state whether the witness recognises any participant.

(3) The police officer must ask the question in a way that does not suggest the identity of any participant.

(4) If the witness indicates that the witness recognises a participant, the police officer must ask the witness to clearly identify the participant recognised by, for example—

(a) stating the participant’s number; or

(b) describing the participant’s position in the parade.

41 Use of suitable persons in the identification parade

An identification parade must include the suspect and at least 11 other people of similar physical appearance and wearing similar clothing.

Division 3 - Identification using photographs

42 General requirements for identification using photographs

To avoid directing the attention of the witness to a particular photograph, the police officer must ensure nothing is marked on—

(a) any photograph; or

(b) the photo board.

43 Conducting a photo board identification

(1) A police officer showing witnesses a photo board must show the photo board to each witness separately.

(2) Also, the police officer must ask each witness to carefully view the photo board and state whether the witness recognises anyone whose photo is on the photo board.

(3) The police officer must ask the question in a way that does not suggest the identity of a person whose photograph is on the photo board.

(4) If a witness indicates that the witness recognises a person in a photo on the photo board, the police officer must ask the witness to—

(a) clearly state the number of the photograph the witness has identified as being that of the person alleged to be responsible for committing the relevant offence; and

(b) write the photograph number and the date the photo board was shown to the witness—

(i) on the front of an unmarked photocopy of the photo board; or

(ii) on the back of the photo board or the selected photograph; and

(c) sign the photo board, photocopy or photograph where the person has written on it.

Part 7 - Responsibilities relating to enforcement registers

Division 1 - Register of enforcement acts

44 Searches of persons—Act, s 679(1)

The following information about an enforcement act consisting of a search of a person must be included in the register of enforcement acts—

(a) the name of the person, if known;

(b) when and where the person was searched;

(c) the purpose of the search;

(d) whether the search involved the removal of outer clothing in circumstances requiring the search to be conducted out of public view;

(e) for a search because of a reasonable suspicion—how long the person was detained for the search;

(f) a description of anything seized because of the search;

(g) information about the return, destruction or disposal of anything seized.

45 Searches of vehicles—Act, s 679(1)

The following information about an enforcement act consisting of a search of a vehicle must be included in the register of enforcement acts—

(a) the name of the person in possession of the vehicle and anyone detained, if known;

(b) the registration number or a description of the vehicle;

(c) when and where the search took place;

(d) the purpose of the search;

(e) how long the vehicle was detained for the search;

(f) a description of anything seized because of the search;

(g) whether anything was damaged because of the search;

(h) information about the return, destruction or disposal of anything seized.

46 Searches of places other than vehicles—Act, s 679(1)

The following information about an enforcement act consisting of a search of a place other than a vehicle must be included in the register of enforcement acts—

(a) the name of the person in possession of the place and anyone detained, if known;

(b) when and where the search took place;

(c) the purpose of the search;

(d) a description of anything seized because of the search;

(e) whether anything was damaged because of the search;

(f) information about the return, destruction or disposal of anything seized.

47 Arrests and detentions—Act, s 679(1)

(1) Subsection (2) sets out the information that must be recorded in the register of enforcement acts for the following—

(a) an arrest;

(b) the detention of a person for investigation or questioning;

(c) the questioning of a person as a suspect about the person’s involvement in the commission of an indictable offence.

(2) The following is the prescribed information—

(a) the name of the person, if known;

(b) the time the person was arrested or detained;

(c) for an arrest, where a person is held;

(d) for a person detained, each place to which the person is taken to or held for the investigation or questioning, and when;

(e) any significant event affecting the time for which questioning was suspended or delayed;

Example of a significant event for paragraph (e)—

a time out period and the purpose of the time out

(f) any apparent injury the person received during the arrest or detention.

47A Custody of person under police assistance removal order—Act, 679(1)

The following information about the custody of a person (the
"relevant person" ) under a police assistance removal order must be included in the register of enforcement acts—

(a) when and where the order was made;

(b) the name of the relevant person;

(c) the watch-house from which the relevant person was taken into custody under the order;

(d) the time the relevant person was taken into custody under the order;

(e) each place to which the relevant person was taken under the order;

(f) the time the relevant person was returned to the watch-house.

48 Search warrants—Act, s 679(1)

The following details about a search warrant must be included in the register of enforcement acts—

(a) when and where the warrant was issued;

(b) the name of the person mentioned in the application for the search warrant as the person suspected of being involved in the offence, suspected offence, confiscation related activity or disorderly activity to which the application relates, if known;

(c) the type of offence or the confiscation related activity to which the warrant related;

(d) if the search warrant related to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding to which the warrant related;

(e) if the search warrant related to disorderly activities at premises—the type of disorderly activities to which the warrant related;

(f) the benefits derived from the warrant, including, for example, anything seized during the search and any proceeding started after the search.

48A Missing person warrants—s 679(1)

The following details about a missing person warrant must be included in the register of enforcement acts—

(a) when and where the warrant was issued;

(b) the name of the missing person mentioned in the application for the warrant;

(c) the benefits derived from the warrant, including, for example, any of the following—

(i) if the missing person was found;

(ii) if information about the missing person’s disappearance was found;

(iii) anything seized during a search relating to the warrant;

(iv) any proceeding started because of a search relating to the warrant.

49 Production notices—Act, s 679(1)

The following information about a production notice must be included in the register of enforcement acts—

(a) when and where the production notice was issued;

(b) the name of the person mentioned in the application for the production notice as the person suspected of being involved in the offence, suspected offence or confiscation related activity to which the application relates, if known;

(c) the type of offence or the confiscation related activity to which the production notice related;

(d) if the production notice related to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding to which the production notice related;

(e) the benefits derived from the production notice, including, for example, any document produced under the notice and any proceeding started and related to the document produced;

(f) information about the return of any document produced under the notice.

50 Production orders—Act, s 679(1)

The following information about a production order must be included in the register of enforcement acts—

(a) when and where the order was issued;

(b) the name of the person mentioned in the application for the production order as the person who was found guilty of the confiscation offence, is suspected of having committed the confiscation offence or is suspected of having engaged in the serious crime related activity to which the application relates, if known;

(c) the type of confiscation offence or serious crime related activity to which the production order related;

(d) the benefits derived from the production order, including, for example, any document produced under the order and any proceeding started and related to the document produced;

(e) information about the return of any document produced under the order.

51 Things seized other than during a search—Act, s 679(1)

The following information about a thing seized other than during a search must be included in the register of enforcement acts—

(a) the name of the person from whom the thing was seized, if known;

(b) when and where the thing was seized;

(c) the reason the thing was seized;

(d) a description of the thing seized;

(e) information about the return, destruction or disposal of the thing.

52 Directions to move on—Act, s 679(1)

The following information about a direction given to a person under section 48 of the Act must be included in the register of enforcement acts—

(a) when the direction was given;

(b) the location of the person when given the direction;

(c) the name of the person given the direction, if known;

(d) the reason the direction was given;

(e) the apparent demographic category of the person.

52A Taking identifying particulars for official warning for consorting—Act, s 679(1)

The following information about taking or photographing identifying particulars of a person under section 41A of the Act must be included in the register of enforcement acts—

(a) the name of the person in relation to whom the identifying particulars were taken or photographed;

(b) the reason the identifying particulars were taken or photographed;

(c) when the identifying particulars were taken or photographed;

(d) when the identifying particulars were destroyed;

(e) the name of the justice in whose presence the identifying particulars were destroyed;

(f) the apparent demographic category of the person.

52B Official warnings for consorting—Act, s 679(1)

The following information about an official warning for consorting given under section 53BAC of the Act to a person must be included in the register of enforcement acts—

(a) the name of the person given the warning;

(b) the reason the warning was given;

(c) when the warning was given;

(d) the location of the person when given the warning;

(e) when and how the police officer gave the person the approved form confirming the official warning;

(f) whether the giving of the official warning led to the person committing an offence against section 790 or 791 of the Act ;

(g) whether the person was required to leave a place under section 53BAE of the Act ;

(h) the apparent demographic category of the person.

52C Powers for public safety orders—Act, s 679(1)

The following information about the exercise of a power under the Peace and Good Behaviour Act 1982 , section 31 (2) in relation to a person for whom a public safety order has been made must be included in the register of enforcement acts—

(a) the name of the person;

(b) when the public safety order for the person was made;

(c) when the power was exercised;

(d) the reason the power was exercised;

(e) the location of the person when the power was exercised;

(f) whether the exercise of the power led to the person committing an offence against section 790 or 791 of the Act ;

(g) the apparent demographic category of the person.

52D Powers for restricted premises orders—Act, s 679(1)

The following information about the exercise of a power under the Peace and Good Behaviour Act 1982 , section 49 in relation to restricted premises must be included in the register of enforcement acts—

(a) when and where the restricted premises order was made;

(b) when the restricted premises were entered;

(c) the time spent at the restricted premises;

(d) whether the exercise of the power led to a person committing an offence against section 790 or 791 of the Act ;

(e) if paragraph (d) applies—the name of the person and the nature of the offence.

52E Powers for fortification removal orders—Act, s 679(1)

The following information about the exercise of a power under the Peace and Good Behaviour Act 1982 , section 65 (2) in relation to fortified premises must be included in the register of enforcement acts—

(a) when and where the fortification removal order was made;

(b) when the fortified premises were entered;

(c) the time spent at the fortified premises;

(d) whether the exercise of the power led to a person committing an offence against section 790 or 791 of the Act ;

(e) if paragraph (d) applies—the name of the person and the nature of the offence.

52F Taking of prohibited items from restricted premises or fortifications from fortified premises—Act, s 679(1)

(1) The following information about a prohibited item taken from restricted premises under the Peace and Good Behaviour Act 1982 , section 49 (a
"thing" ) or a fortification taken from fortified premises under the Peace and Good Behaviour Act 1982 , section 65 (also a
"thing" ) must be included in the register of enforcement acts—

(a) the name of the person from whom the thing was taken, if known;

(b) when and where the thing was taken;

(c) the reason the thing was taken;

(d) a description of the thing taken;

(e) information about the return, destruction or disposal of the thing.

(2) In this section—


"take" , a fortification from fortified premises, means remove or modify the fortification.

52G Stop and desist notices—Act, s 679(1)

The following information about a stop and desist notice given to a person in relation to premises must be included in the register of enforcement acts—

(a) the name of the person given the notice;

(b) the reason the notice was given;

(c) when the notice was given.

53 Exclusions of support persons from questioning—Act, s 679(1)

The following information about a support person excluded from questioning under the Act , chapter 15 , part 3 , division 5 must be included in the register of enforcement acts—

(a) the person’s name;

(b) when and why the person was excluded;

(c) whether an electronic record was made of the reason for the exclusion and if not, why not;

(d) if questioning resumed after the person’s exclusion—when questioning resumed;

(e) if another support person was present during questioning when questioning resumed—that person’s name.

53A Directions in state building—Act, s 679(1)

The following information about a direction given to an entrant to a state building under section 554 of the Act must be included in the register of enforcement acts—

(a) when the direction was given;

(b) the location of the entrant when given the direction;

(c) the name of the entrant given the direction, if known;

(d) the reason the direction was given;

(e) the apparent demographic category of the entrant.

53B Removal of entrant from state building—Act, s 679(1)

The following information about the removal of an entrant to a state building under section 557 (2) (a) of the Act must be included in the register of enforcement acts—

(a) when the entrant was removed;

(b) the location of the entrant when removed;

(c) the name of the entrant removed, if known;

(d) the reason the entrant was removed;

(e) the apparent demographic category of the entrant.

53C Preventing entrant from entering state building—Act, s 679(1)

The following information about preventing an entrant from entering a state building under section 557 (2) (b) of the Act must be included in the register of enforcement acts—

(a) when the entrant was prevented from entering;

(b) the location of the entrant when prevented from entering;

(c) the name of the entrant prevented from entering, if known;

(d) the reason the entrant was prevented from entering;

(e) the apparent demographic category of the entrant.

53D Detention of entrant in state building—Act, s 679(1)

The following information about the detention of an entrant to a state building, under section 558 of the Act , must be included in the register of enforcement acts—

(a) the name of the entrant, if known;

(b) the time the entrant was detained;

(c) where the entrant was detained;

(d) the reason the entrant was detained;

(e) any apparent injury the entrant received during the detention.

Division 2 - Register of covert acts

54 Monitoring orders and suspension orders—Act, s 666(3)

(1) The following information about an application for a monitoring order or suspension order must be recorded in the register of covert acts—

(a) when and where the application for the order was made;

(b) the name of the financial institution mentioned in the application;

(c) the name of the person in relation to whom the application was made;

(d) whether or not the order was issued.

(2) If the order was issued, the following information about the order must also be included in the register—

(a) the type of information the financial institution was required to give under the order;

(b) how long the order was in force;

(c) the benefits derived from the order, including, for example—

(i) any proceeding started; and

(ii) a brief description of how the order helped in—

(A) the investigation of the suspected confiscation offence or serious crime related activity; or

(B) identifying, locating or quantifying the suspected serious crime derived property in relation to which the order was issued.

Part 8 - Responsibilities relating to dealing with things in the possession of police service

55 Receipt for seized property

A receipt given under section 622 of the Act for a thing seized must include the following—

(a) the date and time the thing was seized;

(b) if the thing was taken from a person—the name, address and telephone contact number of the person, if known;

(c) if the thing was taken from an occupied place—the name, address and telephone contact number of the occupier of the place, if known;

(d) a description of the thing seized;

(e) the name, rank, station and telephone contact number of the police officer who seized the thing;

(f) where the thing will be taken, if known;

(g) the date the receipt is issued.

56 Functions of property officer

(1) A property officer has the following functions in relation to things seized under the Act —

(a) to receive a thing seized by a police officer under the Act ;

(b) to keep records of a thing received at the property point or by the property officer, including—

(i) the date the thing was received; and

(ii) the particulars of the police officer who seized the thing; and

(iii) a description of the thing seized; and

(iv) if it is removed from the property officer’s custody—when and why it left the property officer’s custody and when it was returned;

(c) to ensure the safe and secure storage at the property point of the thing seized;

(d) if appropriate, to transfer or arrange the transfer of the thing seized to—

(i) another property point for its safe and secure storage; or

(ii) another place for destruction or disposal; or

(iii) a declared agency;

(e) if required under the Act or any other Act—to destroy or dispose of the thing seized in the way decided by the commissioner;

(f) if the thing is money other than money that must be retained so it can be used as an exhibit in a court—depositing the money in a financial institution account operated by the police service.

(2) Also, as soon as reasonably practicable after the property officer receives a seized thing, the property officer must ensure the thing is capable of being easily identified.

Example for subsection (2)—

The thing may have attached to it a label or tag with a number or other identifier identical to the number or identifier the property officer has assigned to the thing in the record.

57 Order after property seized

An application under section 694 or 695 of the Act for an order relating to a seized thing must state the following—

(a) the applicant’s name, rank, registered number and station;

(b) a description of the thing;

(c) the circumstances of the seizure, including, for example, if the thing was seized under a search warrant;

(d) relevant information about the thing, including, for example, the following—

(i) the nature of any interest a person has in the thing;

(ii) the approximate value of the thing;

(iii) whether the thing may be needed as evidence in a proceeding and the type of offence or forfeiture proceeding for which it may be evidence;

(e) the order sought;

(f) the reasons for seeking the order.