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POLICE POWERS AND RESPONSIBILITIES ACT 2000 - As at 4 December 2023 - Act 5 of 2000

- As at 4 December 2023 - Act 5 of 2000

Table of Provisions

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
  • 21A Power to enter residence of reportable offender
  • 21B Power to demand production of and inspect digital devices in possession of reportable offender
  • 21C Magistrate may make device inspection order for reportable offender
  • 21D Offence to contravene requirement to produce digital device
  • 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 DETECTION DOGS WITHOUT WARRANT

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

PART 3A - JACK’S LAW—USE OF HAND HELD SCANNERS WITHOUT WARRANT IN SAFE NIGHT PRECINCTS AND PUBLIC TRANSPORT STATIONS

  • 39A Definitions for part
  • 39B Meaning of public transport station
  • 39C Use of hand held scanner authorised by senior police officer
  • 39D Form and effect of hand held scanner authority
  • 39E Authorised use of hand held scanner without warrant in safe night precinct
  • 39F Authorised use of hand held scanner without warrant at public transport station and on board public transport vehicles
  • 39G Requirements if hand held scanner indicates metal
  • 39H Safeguards for exercise of powers
  • 39I Meaning of hand held scanner information notice
  • 39J Notice of hand held scanner authority to be published
  • 39K Effect of part on power to search person without warrant
  • 39L Expiry of particular provisions

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
  • 41A Power to require identifying particulars of person for official warning for consorting

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
  • 43B Power to require date of birth of person for official warning for consorting

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
  • 53AA Seizure and disposal of dangerous attachment devices
  • 53B Entry powers for vehicles referred to in ss 53 and 53A

PART 6A - PREVENTION OF CRIMINAL CONSORTING

Note—
  • 53BAA Definitions for part
  • 53BAB Part does not apply to child
  • 53BAC Police powers for giving official warning for consorting
  • 53BAD Effect of official warning for consorting
  • 53BAE Prevention of consorting with recognised offender

PART 7 - OUT-OF-CONTROL EVENTS

Division 1 - Preliminary

Subdivision 1 - Application of pt 7

Division 2 - Powers for out-of-control events

Subdivision 1 - Authorisation for using powers
  • 53BE Authorisation by senior police officer
  • Subdivision 2 - Using powers
  • 53BF Use of powers only if authorised
  • 53BG Taking action for out-of-control event

Division 3 - Offences and costs orders

Subdivision 1 - Offences
  • 53BH Organising an out-of-control event
  • 53BI Causing an out-of-control event
  • 53BJ Offence to contravene direction
  • Subdivision 2 - Costs orders
  • 53BK Costs order—adult
  • 53BL Costs order—child
  • 53BM Costs order—parent of child offender
  • 53BN Costs orders and other sentencing

CHAPTER 3 - POWERS RELATING TO VEHICLES AND TRAFFIC

  • 53C Application of corresponding HVNL(Q) penalty amounts
  • 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
  • 59AA. (Repealed) 59HA. (Repealed) 59IA. (Repealed)
  • 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 AND IMMOBILISING 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. (Repealed)
  • 71 When a person is charged for this chapter in relation to a prescribed offence
  • 71A When a charge for an offence for this chapter is taken to not be decided if a proceeding for the offence is started by infringement notice
  • 72 Punishment under this chapter is in addition to other punishment for the same offence

Division 2 - Relationship with other legislation

  • 73 National Credit Code

Division 3 - (Repealed)

PART 2 - IMPOUNDING AND IMMOBILISING MOTOR VEHICLES AND FORFEITURE OF MOTOR VEHICLES

Division 1 - Impounding powers for type 1 vehicle related offences and forfeiture of motor vehicles in particular circumstances

  • 74 Impounding motor vehicles for first type 1 vehicle related offence
  • 74A Impounding motor vehicles for second or subsequent type 1 vehicle related offence
  • 74B Forfeiture of motor vehicles if driver found guilty of second or subsequent type 1 vehicle related offence

Division 1A - Impounding powers for type 2 vehicle related offences and forfeiture of motor vehicles in particular circumstances

  • 74C Impounding motor vehicles for second or subsequent type 2 vehicle related offence
  • 74D Impounding motor vehicles for third or subsequent type 2 vehicle related offence
  • 74E Impounding motor vehicles for fourth or subsequent type 2 vehicle related offence
  • 74F Forfeiture of motor vehicles if driver found guilty of fourth or subsequent type 2 vehicle related offence

Division 1B - Immobilising powers for type 1 and type 2 vehicle related offences

Subdivision 1 - Preliminary
  • 74G Purpose of div 1B
  • Subdivision 2 - Confiscation of number plate powers
  • 74H Power to remove and confiscate number plates
  • 74I Moving motor vehicle to which number plate confiscation notice is attached
  • Subdivision 3 - Immobilising device powers
  • 74J Power to attach immobilising device

Division 1C - Vehicle production notices

  • 74K Power to require motor vehicle to be produced
  • 74L Period of impoundment or immobilisation starts only when motor vehicle produced
  • 74M Vehicle production notices generally

Division 1D - General provisions relating to impounding and immobilising motor vehicles

  • 75 Particular powers for impounding or immobilising motor vehicles
  • 76 Release of motor vehicle in particular circumstances
  • 77 Police officer may authorise tow
  • 78 Impounding notice or immobilising notice for vehicle related offence

Division 2 - Other provisions relating to impounded or immobilised motor vehicles

Subdivision 1 - Preliminary
  • 79 Definitions for div 2
  • Subdivision 2 - Application for release of impounded or immobilised motor vehicle
  • 79A Application for release of impounded or immobilised motor vehicle on basis of severe hardship
  • 79B Decision on application for release of impounded or immobilised motor vehicle on basis of severe hardship
  • 79C Application for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent
  • 79D Decision on application for release of impounded or immobilised motor vehicle on basis prescribed offence happened without owner’s consent
  • 79E Application for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified
  • 79F Decision on application for release of impounded or immobilised motor vehicle on basis that circumstances giving rise to offence have been rectified
  • 79G Application for release of impounded or immobilised motor vehicle on basis that grounds for impoundment or immobilisation unreasonable
  • 79H Decision on application for release of impounded or immobilised motor vehicle on basis that grounds for impoundment or immobilisation unreasonable
  • 79I Impoundment or immobilisation ends if application for release of motor vehicle granted
  • Subdivision 3 - Appeals
  • 79J Who may appeal
  • 79K How to start appeal
  • 79L Effect of appeal on decision
  • 79M Commissioner has right of appearance
  • 79N Hearing procedures
  • 79O Powers of Magistrates Court
  • Subdivision 4 - Miscellaneous
  • 79P Power to take certain action if breach of condition
  • 79Q Delegation—commissioner

Division 2A - (Repealed)

Division 3 - (Repealed)

Division 4 - (Repealed)

Division 5 - (Repealed)

Division 6 - (Repealed)

Division 7 - (Repealed)

PART 2A - IMPOUNDING MOTORBIKES FOR MOTORBIKE NOISE DIRECTION OFFENCES OR MOTORBIKE NOISE ORDER OFFENCES

Division 1 - Impounding powers for motorbike noise direction offences or motorbike noise order offences

  • 80 Impounding motorbike for motorbike noise direction offence or motorbike noise order offence
  • 81 Impounding notice for motorbike noise direction offence or motorbike noise order offence
  • 81A. (Repealed) 81B. (Repealed)

Division 2 - Notice requirements for motorbikes impounded for motorbike noise direction offences or motorbike noise order offences

  • 82 Content of notice for motorbike noise direction offence
  • 83 Content of notice for first motorbike noise order offence
  • 84 Content of notice for second or subsequent motorbike noise order offence

Division 3 - (Repealed)

Division 4 - (Repealed)

PART 3 - OBTAINING IMPOUNDING ORDERS FOR MOTORBIKE NOISE ORDER OFFENCES

85. (Repealed) 85A. (Repealed)
  • 86 Application for impounding order for motorbike noise order offence
  • 87. (Repealed) 87A. (Repealed)
  • 88 Orders on application for impounding order if motorbike noise order offence not decided
  • 89 Advice to owner of motorbike of date of hearing

PART 4 - OBTAINING FORFEITURE ORDERS FOR MOTORBIKE NOISE ORDER OFFENCES

90. (Repealed) 90A. (Repealed)
  • 91 Application for forfeiture order for motorbike noise order offence
  • 92. (Repealed) 92A. (Repealed)
  • 93 Orders on application for forfeiture order if motorbike noise order offence not decided
  • 94 Advice to owner of motorbike 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. (Repealed) 96A. (Repealed)
  • 97 When application to be heard—motorbike noise order offence

Division 2 - Consideration of application if made for motorbike noise order offence

98. (Repealed) 99. (Repealed) 99A. (Repealed) 99B. (Repealed)
  • 100 Consideration of application for impounding order
  • 101 Consideration of application for forfeiture order

Division 2A - (Repealed)

Division 3 - Community service orders in relation to motorbike noise direction offences or motorbike noise order offences

  • 102 Community service instead of impounding or forfeiture order

Division 4 - (Repealed)

PART 5A - OTHER PROVISIONS ABOUT APPLICATIONS AND ORDERS

Division 1 - Costs orders for child drivers

  • 103 Costs order for child drivers
  • 104 Application of applied sections for s 103

Division 2 - Offences

  • 105 Offence to remove vehicle from holding yard
  • 105A Failure to comply with requirement to produce motor vehicle
  • 105B Offence to operate vehicle during number plate confiscation period
  • 105C Offence to remove, tamper with or modify number plate confiscation notice
  • 105CA Offence to modify, sell or dispose of motor vehicle during number plate confiscation period
  • 105D Offence to tamper with, remove or modify immobilising device
  • 105E Offence to operate motor vehicle if immobilising device unlawfully removed, tampered with or modified
  • 105F Offence to breach condition made on release of motor vehicle
  • 106 Offence to modify, sell or dispose of motorbike before application decided
  • 106A Offence to modify, sell or dispose of motor vehicle subject to vehicle production notice
  • 107 Defence in relation to motorbike noise order offences
  • 108 Counting the occasions—general
  • 108A References to previous occasions in ss 74A, 74B, 74C, 74D, 74E, 74F and 91
  • 108B Matters for decisions under ss 74A, 74B, 74C, 74D, 74E, 74F and 101
  • 109 Appeal
  • 110 Powers for enforcing court order

PART 6 - OTHER PROVISIONS

Division 1 - Liability for cost of impounding or immobilisation

  • 111 State’s liability to pay costs of impounding or immobilisation
  • 112 Liability to pay costs of impounding or immobilisation—adult driver
  • 113 Liability to pay costs of impounding or immobilisation—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 or immobilised vehicle

  • 116 Release of motor vehicle impounded or immobilised under this chapter
  • 117 Release of motor vehicle if driver found not guilty etc.

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

  • 118 Sale of motor vehicle if not recovered after impounding ends
  • 118A Sale of impounded motor vehicle if driver fails to appear
  • 119 Voluntary transfer of ownership of motor vehicle to State
  • 120 Disposal of forfeited motor vehicle
  • 121 Application of proceeds of sale
  • 121A Compensation for disposal of motor vehicle if driver found not guilty etc.

Division 4 - Other provisions

  • 122 Protection from liability
  • 123 Third party protection relating to forfeiture

CHAPTER 4A - (Repealed)

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

PART 1 - POWER TO SEIZE OR REMOVE

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

PART 4 - (Repealed)

CHAPTER 6 - POWERS RELATING TO ANIMALS

PART 1 - INTERPRETATION

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, ACCESSING REGISTERED DIGITAL PHOTOS AND OTHER INFORMATION, AND CRIME SCENES

PART 1A - PRELIMINARY

PART 1 - SEARCHING PLACES WITH WARRANTS

150AA. (Repealed)
  • 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 device information from digital device
  • 154A Order after digital device has been seized
  • 154B Compliance with order about device information from digital device
  • 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 1AA - Preliminary

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
  • 172A. (Repealed)
  • 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
  • 178A Order about digital device at or seized from a crime scene
  • 178B Compliance with order about device information from digital device

Division 4 - General

  • 179 Alternative accommodation to be provided in some cases

PART 3A - SEARCHING PLACES FOR HIGH-RISK MISSING PERSONS

Division 1 - Preliminary

Division 2 - Establishment of missing person scenes

  • 179D Establishing missing person scene
  • 179E Authorisation if, as a matter of urgency, it is necessary to establish missing person scene before obtaining missing person warrant
  • 179F Responsibility after establishing missing person scene before obtaining missing person warrant
  • 179G Deciding limits of missing person scene
  • 179H Restricting access to missing person scene
  • 179I When place stops being missing person scene

Division 3 - Missing person warrants

  • 179J Applying for missing person warrant
  • 179K Considering application and issuing missing person warrant
  • 179L What missing person warrant must state
  • 179M Duration, extension and review of missing person warrant
  • 179N Review of missing person warrant
  • 179O Copy of missing person warrant to be given to occupier

Division 4 - Powers at missing person scenes

  • 179P Powers at missing person scene
  • 179Q Powers of direction etc. at missing person scene
  • 179R Exercising missing person powers to be electronically recorded

Division 5 - General

  • 179S 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 5A - (Repealed)

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

PART 7 - ACCESSING ACCOUNT INFORMATION

  • 197A Definitions for pt 7
  • 197B Giving notice to financial institution
  • 197C Protection from suits etc. in relation to action taken
  • 197D Financial institution to comply with notice

PART 8 - MISCELLANEOUS

  • 197E Accessing information stored electronically on smartcard transport authorities

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

PART 4 - (Repealed)

PART 5 - (Repealed)

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
  • 221A Definitions for chapter
  • 222 Relationship to other laws and matters
  • 223 Lawfulness of particular actions
  • 224 Authorised controlled activities
  • 224A Authorised ancillary conduct for a controlled activity
  • 225 Protection from liability—police officers
  • 225A Protection from liability—civilian participant in authorised ancillary activity
  • 226 Admissibility of evidence obtained through controlled activities or ancillary conduct
  • 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 CCC 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 CCC 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—CCC 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
  • 318A (Expired)
  • 318B (Expired)
  • 318C (Expired)
  • 318D (Expired)
  • 318E (Expired)
  • 318F (Expired)
  • 319 Delegation—CCC chairperson
  • 320 Delegation—ACC

CHAPTER 13 - SURVEILLANCE DEVICES

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
  • 324A References to installation of surveillance device
  • 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
  • 332A Surveillance device warrant authorises use of existing device
  • 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
  • 343A Emergency authorisation authorises use of existing device
  • 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 3A - TRACKING DEVICE AUTHORISATIONS

  • 348A Power to give tracking device authorisation
  • 348B Tracking device authorisation authorises use of existing device
  • 348C Record of tracking device authorisation
  • 348D When tracking device authorisation ends
  • 348E Extension of tracking device authorisation

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 and reports 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 authorisations
  • 360 Other records to be kept
  • 361 Register of warrants and 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
  • 365A Arrest without warrant upon instruction of another police officer
  • 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 intoxicated in a public place may be discontinued
  • 378A. (Repealed)
  • 379 Additional case when arrest for minor drugs offence may be discontinued
  • 379A Additional case when arrest for graffiti 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
  • 390A. (Repealed) 390B. (Repealed) 390C. (Repealed) 390D. (Repealed) 390E. (Repealed) 390F. (Repealed) 390G. (Repealed) 390H. (Repealed) 390I. (Repealed) 390J. (Repealed) 390K. (Repealed) 390L. (Repealed) 390M. (Repealed) 390MA. (Repealed) 390N. (Repealed) 390O. (Repealed) 390P. (Repealed)

PART 6 - DUTIES AFTER ARREST

  • 391 Information to be given to arrested person
  • 392 Parent and particular chief executives 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 PARTICULAR INVESTIGATIONS AND QUESTIONING

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 in prison or detention centre

  • 399 Application for removal of person from lawful custody in prison or detention centre
  • 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 3A - Removal of persons from lawful custody to help police

  • 411A Definitions for division
  • 411B Application for police assistance removal order
  • 411C Consent of relevant person required
  • 411D Making, and effect, of police assistance removal order
  • 411E What police assistance removal order must state
  • 411F Assistance period
  • 411G Application for extension of assistance period
  • 411H Further consent of relevant person required
  • 411I When assistance period may be extended
  • 411J Withdrawal of consent

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 peoples and Torres Strait Islander peoples
  • 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
  • 488A Taking DNA sample from reportable offender for Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004

Division 4 - Analysis and use of DNA samples

  • 488B Commissioner may enter into DNA arrangement
  • 489 Power to analyse etc. DNA samples
  • 490 When DNA sample taken from suspected person and results must be destroyed
  • 490A Modified destruction timeframes for analysing particular DNA samples
  • 490B Modified powers and destruction requirements for review of particular DNA samples

Division 5 - DNA databases

  • 491 State DNA database
  • 492 Transmitting information to the ACC
  • 493 Use of QDNA or ACC 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, DENTISTS AND FORENSIC NURSE EXAMINERS

Division 1 - Preliminary

  • 501 Application of pt 7

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

  • 502 When forensic examiner may be asked to perform forensic procedure
  • 503 What person must be told before forensic examiner 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
  • 509A Forensic nurse examiner’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 Public Records Act does 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 18A - BREATH, SALIVA, BLOOD AND URINE TESTING OF PERSONS SUSPECTED OF COMMITTING PARTICULAR ASSAULT OFFENCES

PART 1 - PRELIMINARY

  • 548A Purposes of ch 18A
  • 548B Interpretation provision for ch 18A

PART 2 - APPLICATION OF SECTION 80

548C. Person suspected of committing relevant assault offence
  • 548D Person arrested for relevant assault offence
  • 548E Application of s 80

PART 3 - MISCELLANEOUS

  • 548F Relationship with other provisions and Acts

CHAPTER 18B - (Expired)

CHAPTER 19 - OTHER POWERS

PART 1 - STATE BUILDINGS

Division 1 - Preliminary

  • 549 Meaning of state building

Division 2 - Screening of entrants to state buildings

  • 550 Power to require name and address and reason for entry
  • 551 Use of electronic screening devices
  • 552 Power to inspect entrant’s belongings
  • 553 Safeguards for inspection of entrant’s belongings
  • 554 Direction to leave state building
  • 555 Power of police officers to search person or vehicle without warrant not affected

Division 3 - Other powers relating to screening

  • 556 Seizure of proscribed thing
  • 557 Refusal of entry to and removal from state building
  • 558 Detention of entrants by protective services officers

Division 4 - Miscellaneous

  • 559 Protective services officer must produce identity card unless in uniform
  • 560 Relationship with other powers

PART 2 - (Repealed)

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 5A - POLICE BANNING NOTICES

Division 1 - Preliminary

Division 2 - Initial police banning notice

  • 602C Police officer may give initial police banning notice
  • 602D Duration of initial police banning notice
  • 602E Notice to be explained

Division 3 - Extension of initial police banning notice by police officer

  • 602F Extended police banning notice

Division 4 - General provisions about notices

  • 602G How police banning notices may be given
  • 602H Form of notice
  • 602I Written record for notices
  • 602J Actions not prohibited by notice
  • 602JA Cancellation of police banning notices by police officers
  • 602K Amendment or cancellation if court banning order made
  • 602L Procedure if police banning notice amended or cancelled
  • 602M Effect of cancellation of notice

Division 5 - Review of notices

  • 602N Internal review for police banning notices
  • 602O Commissioner’s decision about notices
  • 602P Review by QCAT

Division 6 - Offence

  • 602Q Offence to contravene notice

PART 5B - PHOTOGRAPHING PERSONS AND DISTRIBUTING ORDERS AND IMAGES

Division 1 - Preliminary

Division 2 - Power to photograph persons and distribute orders and images

  • 602S Power to detain and photograph
  • 602T Attaching image to a banning order
  • 602U Distribution of imaged order or police banning notice

Division 3 - Destruction of images

  • 602V Commissioner to destroy image
  • 602W Other persons who must destroy imaged order or police banning notice

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
  • 608. (Repealed)

Division 2 - Other miscellaneous powers

  • 609 Entry of place to prevent offence, injury or domestic violence
  • 609A Use of body-worn cameras
  • 610 Police actions after domestic violence order, police protection notice or release conditions are 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—police officers
  • 615A Power to use force against individuals—protective services officers
  • 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 19A - (Expired)

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

Division 3 - (Repealed)

Division 4 - (Repealed)

Division 5 - (Repealed)

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—police officers
  • 633A Safeguards for oral directions or requirements—protective services officers
  • 634 Safeguards for declared offences under Summary Offences Act 2005
  • 635 Use of force likely to cause damage to enter places
  • 636 Giving 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 holding place
  • Subdivision 4 - Provisions about exercise of particular powers
  • 654 Search of persons
  • 655 Property seized during search etc.
  • 655A Offence to assault or obstruct watch-house officer
  • 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 Public Records Act does 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
  • 669A Information to be included in register for tracking device 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 CCC’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
  • 687A. (Repealed)
  • 688 Responsibilities of police officer or protective services 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 4AA - Dealing with proscribed things

  • 715AA Disposal of proscribed things
  • 715AB What is the appointed day for disposal of proscribed thing under s 715AA

Division 4A - Dealing with explosives

  • 715A Commissioner may authorise police officers to destroy explosives
  • 715B Destruction of explosives

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
  • 724A Evidentiary provision about explosives

PART 4 - USE OF DANGEROUS DRUGS FOR TRAINING

Division 1 - Preliminary

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 TYPE 1 VEHICLE RELATED OFFENCES

PART 1 - PRELIMINARY

Division 1 - Purpose

  • 746 Purpose of chapter

Division 2 - Interpretation

  • 747 Definitions for chapter
  • 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 National Credit Code

  • 753 Relationship with National Credit Code

PART 2 - OFFENCES AND RELATED PROVISIONS

Division 1 - Offences

  • 754 Evasion offence
  • 754A Proceedings for particular offences against s 754

Division 2 - Matters about investigation of type 1 vehicle related offence

  • 755 When type 1 vehicle related offence notice may be given to owner of motor vehicle involved in offence
  • 755A Information to be stated in statutory declaration responding to type 1 vehicle related offence notice
  • 756 Who may be prosecuted for type 1 vehicle related offence if no response to type 1 vehicle related 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

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 22A - FORCED MUSTER ORDERS

  • 789AA Application for forced muster order
  • 789AB Affidavit to accompany application
  • 789AC Police officer wishing to give evidence at hearing
  • 789AD When order may be made
  • 789AE Content of order
  • 789AF Costs
  • 789AG Facilities at place of muster to be made available
  • 789AH Compensation for damage
  • 789AI Frustrating order or obstructing person acting under order

CHAPTER 23 - GENERAL

PART 1A - PROVISIONS FOR EMPLOYMENT-SCREENING LAWS

  • 789A Power to demand production of working with children card
  • 789B Power to demand production of disability worker clearance card

PART 1 - OFFENCES

Division 1 - Police officers

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

Division 2 - Protective services officers

  • 791A Offence to assault or obstruct protective services officer
  • 791B Offence to contravene direction or requirement of protective services officer

PART 2 - OTHER GENERAL PROVISIONS

  • 792 Performance of duty—police officers
  • 792A Performance of duty—protective services officers
  • 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. (Repealed)
  • 806 Approved forms
  • 807 Review of Act
  • 808 (Expired)
  • 808A Annual report about use of device production and inspection powers
  • 808B Annual report about dangerous attachment devices
  • 808C Annual report to include information about authorisation of hand held scanners
  • 809 Regulation-making power
  • 810 Renumbering of Act

CHAPTER 24 - REPEAL, VALIDATION AND TRANSITIONAL PROVISIONS

PART 1 - ACTS REPEALED

  • 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

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 - (Repealed)

PART 6 - TRANSITIONAL PROVISIONS FOR POLICE POWERS AND RESPONSIBILITIES (MOTORBIKE NOISE) AMENDMENT ACT 2005

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
  • 858 (Expired)
  • 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. (Repealed)

PART 10 - TRANSITIONAL PROVISION FOR CRIMINAL CODE AND OTHER ACTS AMENDMENT ACT 2008

  • 865 Reference to particular offences

PART 12 - (Repealed)

PART 13 - TRANSITIONAL PROVISIONS FOR POLICE POWERS AND RESPONSIBILITIES (MOTOR VEHICLE IMPOUNDMENT) AND OTHER LEGISLATION AMENDMENT ACT 2013

  • 870 Definitions for pt 13
  • 871 Two type 1 vehicle related offences committed before commencement
  • 872 One type 1 vehicle related offence committed before commencement and another type 1 vehicle related offence committed after commencement
  • 873 Different kinds of type 2 vehicle related offences committed before and after commencement
  • 874 Type 2 vehicle related offences of same kind committed before and after commencement
  • 875 Existing applications for impounding order applications
  • 876 Existing applications for forfeiture order applications

PART 14 - TRANSITIONAL PROVISION FOR CRIMINAL PROCEEDS CONFISCATION (UNEXPLAINED WEALTH AND SERIOUS DRUG OFFENDER CONFISCATION ORDER) AMENDMENT ACT 2013

  • 877 Application of amendments about confiscation related evidence etc.

PART 15 - TRANSITIONAL PROVISION FOR AUSTRALIAN CRIME COMMISSION (QUEENSLAND) AND OTHER LEGISLATION AMENDMENT ACT 2016

  • 878 ACC database

PART 16 - TRANSITIONAL PROVISIONS FOR POLICE POWERS AND RESPONSIBILITIES AND OTHER LEGISLATION AMENDMENT ACT 2018

  • 879 Review relating to high-risk missing persons
  • 880 Evasion offence notices given before commencement

PART 17 - TRANSITIONAL PROVISIONS FOR YOUTH JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2019

  • 881 Definitions for part
  • 882 Contraventions of bail conditions before commencement
  • 883 Children arrested or served with notices to appear before commencement

PART 18 - TRANSITIONAL PROVISIONS FOR POLICE POWERS AND RESPONSIBILITIES AND OTHER LEGISLATION AMENDMENT ACT 2020

  • 884 Definitions for part
  • 885 Particular applications or orders made before commencement
  • 886 Declaratory provision about effect of amending Act
  • 887 Saving of operation of s 390P

PART 20 - TRANSITIONAL PROVISION FOR JUSTICE AND OTHER LEGISLATION (COVID-19 EMERGENCY RESPONSE) AMENDMENT ACT 2020

  • 889 Continuation of particular matters after expiry of ch 18B

PART 21 - TRANSITIONAL PROVISION FOR CRIMINAL CODE (CONSENT AND MISTAKE OF FACT) AND OTHER LEGISLATION AMENDMENT ACT 2021

  • 890 Existing police banning notices

PART 22 - TRANSITIONAL PROVISION FOR YOUTH JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2021

  • 891 Investigation of type 1 vehicle related offence alleged to have been committed before commencement

PART 23 - TRANSITIONAL PROVISION FOR POLICE SERVICE ADMINISTRATION AND OTHER LEGISLATION AMENDMENT ACT 2022

  • 892 Proceedings for offences against repealed Act

PART 24 - VALIDATION AND TRANSITIONAL PROVISIONS FOR CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) AND OTHER LEGISLATION AMENDMENT ACT 2023

Division 1 - Preliminary

Division 2 - Validation provisions

  • 894 Refined limitations on controlled operations does not affect past operations
  • 895 Validation of giving of particular extended police banning notices

PART 25 - VALIDATION PROVISION FOR VICTIMS OF CRIME ASSISTANCE AND OTHER LEGISLATION AMENDMENT ACT 2023

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