Commonwealth Games Act 1982 (Qld)

472 (J ueensiatth ANNO TRICESIMO PRIMO ELIZAB.ETHAE SECUNDAE REGINAE No. 27 of 1982 An Act to facilitate the holding of the XIIth Commonwealth Games and to provide for the orderly conduct of persons and for the security of persons and property during those Games [ASSENTED TO 5TH MAY, 1982]

Commonwealth Games Act 1982, No. 27 473 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Commonwealth Games Act 1982. 2. Commencement and effect , etc. (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act contained in Part I and Part VII shall commence on a day appointed by Proclamation. (3) The provisions of this Act contained in Parts II, III, IV, V and VI shall- (a) commence on the day on which the Games period commences; and (b) cease to operate upon the expiration of the day on which the Games period terminates. (4) For the purposes of this Act, the Games period shall be from the 17th September 1982 to and including the 10th October 1982. 3. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AUTHORIZED PERSONS; PART Ill--CONDUCT AND GOOD ORDER; PART IV-ENTRY OF NOTIFIED AREAS, ETC. ; PART V-SITUATION OF EMERGENCY; PART VI-GENERAL PROVISIONS; PART VII-MISCELLANEOUS. 4. Purpose of Act. The provisions of this Act shall apply for the purposes of- (a) facilitating the holding of the Commonwealth Games; and (b) without limiting the generality of the purpose specified in paragraph (a), providing for- (i) the orderly conduct of persons; and (ii) the security of persons and property, during the holding of the Commonwealth Games. 16

474 Commonwealth Games Act 1982, No. 27 5. Application of laws, etc . ( 1) Subject to this Act the provisions of this Act shall be read and construed with , and in addition to, any other Act, Statute or other law in force. (2) Where the act or omission of a person is an offence against this Act and is also an offence against any other Act, Statute or other law in force a person may be prosecuted and convicted under either of those laws. (3) Where an act or omission constitutes an offence against any other Act, Statute or other law in force, the operation of that Act , Statute or other law in force is not affected by reason only that the act or omission also constitutes an offence against this Act. (4) Nothing in this Act shall render any person liable to be punished twice in respect of the same offence. (5) Nothing in this Act is to be read or construed as repealing, amending, substituting or in any other way affecting any Act, Statute or other law to any greater or less extent than is provided for by this section. (6) Any part of a notified area that is ordinarily a road within the meaning of the TrafficAct1949 - 1980 shall continue to be a road to which that Act applies notwithstanding that at the material time the notified area is closed wholly or partly to public access. (7) Any sign , signal , marking , light or device not inconsistent with the provisions of the TrafficAct1949-1980 , placed or erected for the purpose of regulating , warning or guiding traffic in any notified area shall be deemed to be an official traffic sign for the purposes of that Act notwithstanding that the sign is not contained in the Manual of Uniform Traffic Control Devices or is not approved by the Commissioner of Main Roads. (8) Subject to this Act, the provisions of any law in force in any public place in the State of Queensland apply in respect of any notified area as if such notified area were a public place. (9) This section shall be read and construed having regard to the provisions of section 4. 6. Interpretation . In this Act, unless a contrary intention appears- accreditation " means accreditation issued by the Commonwealth Games Foundation pursuant to section 22 of this Act; accredited person " means a person accredited by the Common- wealth Games Foundation pursuant to section 22 o this Act; " authorized person " means any member of the Police Force, and any person appointed pursuant to section 7 of this Act; " Commissioner " means The Commissioner of Police within the meaning of the Police Act 1937-1980, or the person who for the time being occupies the office or performs the duties of the said Commissioner of Police;

Commonwealth Games Act 1982, No. 27 475 " Commonwealth Games " means the XIIth Commonwealth Games to be staged in Queensland in 1982; " Commonwealth Games Foundation " means The XIIth Common- wealth Games Australia (1982) Foundation Limited or any member or representative thereof; " entry point " means an entry point to which relates a notification issued pursuant to section 43; " member of the Police Force " means a member of the Police Force of the State of Queensland, and any member of the Australian Federal Police. The term also includes a special constable appointed under the Police Act 1937-1980; " notified area " means any notified site or notified restricted zone or any portion thereof or any combination thereof; " notified person " means a person who is- (i) a member of a Royal Family; (ii) a Head of State; or (iii) a diplomatic agent, to whom relates a notification issued pursuant to section 43; " notified restricted zone " means any part of a notified site to which relates a notification as a restricted zone issued pursuant to section 43. The term also includes a notified site which is not open to the public; " notified site " means a site to which relates a notification issued pursuant to section 43 and any building, erection, structure, dwelling or other thing erected in or upon that site; " possession "-includes in relation to any thing- (a) having custody of that thing; (b) having control of that thing in any place, whether or not another has custody of the thing; (c) having an ability to obtain custody of the thing at will; (d) having a claim to custody of the thing which the claimant has committed to the custody of another, notwithstanding that the thing is temporarily not in the control of the person having such claim; " sell " includes auction, barter, exchange or supply or cause, permit or attempt any of those things, and also offer or attempt to sell, and supply or receive for sale or have in possession for sale, or expose for sale or have on sale, or cause, suffer or allow to be sold or offered for sale; " Statute " means a Statute within the meaning of the GriffithUniversity Act1971-1977 or the University of Queensland Act 1965-1973; " statutory service " means a body that is constituted by or under an Act of the State or of the Commonwealth and whose role usually includes counter-disaster operations.

476 Commonwealth Games Act 1982, No. 27 PART II-AUTHORIZED PERSONS 7. Appointment of Authorized Persons. (1) The Commissioner may appoint any person to be an authorized person for the purposes of this Act. (2) An appointment made pursuant to this section shall be in writing under the hand of the Commissioner. (3) A person appointed pursuant to this section shall be issued with an identity card in the form notified pursuant to section 43. (4) An appointment made pursuant to this section may be to a specified notified area, notified site or notified restricted zone only or may be for the purposes of the Act generally. (5) An appointment made pursuant to this section may be subject to such conditions, provisos and exemptions as the Commissioner deems necessary. (6) An appointment made pursuant to this section may be varied or revoked at any time by the Commissioner. (7) An authorized person appointed pursuant to this section shall comply with all reasonable and lawful directions, commands and orders of the Commissioner or any other member of the Police Force. 8. Exercise and discharge of powers , functions and duties. (1) An authorized person may during the Games period exercise and discharge any of the powers, functions and duties which he may exercise or is required to discharge pursuant to the provisions of this Act: Provided that an authorized person- (a) shall only exercise or discharge those powers, functions and duties in the specified notified area, notified site or notified restricted zone, as the case may be, to which he is appointed pursuant to section 7 (4); (b) is subject at all times to any condition, proviso or exemption imposed upon him pursuant to section 7 (5); and (c) is subject to any direction, command or order made or given pursuant to section 7 (7). (2) An authorized person may exercise or discharge any of the powers, functions or duties which he may exercise or is required to discharge pursuant to this Act at any time of the day or night, with or without assistants and- (a) with such vehicles, equipment, plant, animals or instruments, and (b) with such other things as may be reasonably necessary for the proper and efficient exercise or discharge of his powers, functions or duties. (3) An authorized person may use such force as is reasonably necessary to exercise or discharge any of the powers, functions or duties which may be performed by such a person pursuant to the provisions of this Act.

Commonwealth Games Act 1982 , No. 27 477 9. Offences by Authorized Persons . (1) This section applies to authorized persons other than members of the Police Force. (2) An authorized person who- (a) exercises or discharges, or attempts to exercise or discharge, any of the powers, functions or duties which he may exercise or is required to discharge pursuant to the provisions of this Act, in a notified area other than the notified area to which he is appointed; (b) fails to comply with or obey any condition, proviso or exemption imposed upon the appointment of that authorized person pursuant to section 7 (5); (c) fails to comply with or obey any reasonable and lawful direction, command or order of the Commissioner or any other member of the Police Force; or (d) fails to surrender any written authority or identity card issued to him pursuant to section 7 upon revocation of his appointment, commits an offence against this Act. 10. Personation of authorized persons , etc. (1) Unless he has reasonable cause for so doing, a person shall not assume or in any way use the name, designation or description of an authorized person. (2) Unless he has reasonable cause for so doing, a person shall not have in his possession- (a) an identity card in the form notified pursuant to section 43; or (b) an article resembling an identity card in the form notified pursuant to section 43. (3) A person shall not forge (within the meaning of The Criminal Code) an identity card in the form notified pursuant to section 43. (4) Unless he has reasonable cause for so doing, a person shall not- (a) lend; or (b) permit or allow to be used by any other person, an identity card in the form notified pursuant to section 43. 11. Assaults, etc., on authorized persons . A person who- (a) assaults, resists, obstructs or hinders; or (b) aids or incites any other person to assault, resist, obstruct or hinder, an authorized person in the execution or discharge of any power, function, or duty that he may exercise or is required to discharge pursuant to the provisions of this Act commits an offence against this Act.

478 Commonwealth Games Act 1982, No. 27 PART III-CONDUCT AND GOOD ORDER 12. Conduct of persons . (1) Unless he has reasonable cause for so doing, a person shall not in or in the vicinity of a notified area, or near a notified person, do any act or make any omission, or have in his possession any article for the purpose of doing any act or making any.omission, which may- (i) endanger, obstruct or hinder any person; (ii) destroy, damage or otherwise interfere with any property; or (iii) disrupt the peaceable and orderly conduct of any event, entertainment or gathering, or any training, preparation or rehearsal therefor. (2) If a member of the Police Force suspects on reasonable grounds that a person has committed, is committing or is about to commit an ,offence against this section, that member may- (i) stop that person; (ii) search that person and anything in his possession; and (iii) detain that person for the purpose of such search. 13. Climbing , etc., on structures . Unless he has reasonable cause for so doing, a person shall not climb, walk, sit or stand upon any pole, tower, fence, wall or other structure within a notified area. 14. Impeding , etc., athletes . (1) Unless he has reasonable cause for so doing, a person shall not within a notified area impede, threaten, hinder, obstruct, assault or interfere in any other way with an athlete or other person participating or assisting in any event, entertainment -or gathering, or any training, rehearsal or preparation therefor. (2) Subsection (1) shall not apply to any person participating or assisting in any event, entertainment or gathering or any training, rehearsal or preparation therefor. 15. Entry to notified areas, etc. without paying admission . Unless he has reasonable cause for so doing a person who- (a) enters a notified area without having paid the fee being charged for entry thereto at the time he enters the notified area; or (b) having entered a notified area at a time when a fee for entry thereto is not being charged, remains therein after such fee is being charged without paying that fee, shall-.be deemed to be a trespasser for the purposes of section 27.

Commonwealth Games Act 1982, No. 27 479 16. Prohibited items in notified areas. (1) The Governor in Council may, by Order in Council, declare any thing specified in the Order, to be a prohibited thing in respect of any notified area. (2) A person shall not be, within a notified area, in possession of anything declared to be a prohibited thing in respect of that notified area. (3) Where a member of the Police Force finds any prohibited item in such circumstances that he suspects on reasonable grounds that the provisions of this section have been contravened, he may seize and take away or cause to be seized and taken away that prohibited item. 17. Liquor in notified areas. (1) A person shall not have in his, possession within a notified area any liquor unless he is within a licensed area. (2) Subsection (1) does not apply- (a) to a person who has liquor in his possession within a part of a notified area approved in writing by the Commonwealth Games Fund as a part in which liquor may be consumed; (b) to a person who has liquor in his possession within a part of a notified area, being an area within the jurisdiction of Griffith University or the University of Queensland, approved by the Vice-Chancellor of the university concerned or the person for the time being performing the duties of the office of such Vice-Chancellor as a part in which liquor may be consumed; or (c) to a person who has liquor in his possession within a notified area for the purpose of taking the liquor into a part of that area referred to in paragraph (a) or (b) or to a licensed area. (3) Where a member of the Police Force finds liquor in such circumstances that he suspects on reasonable grounds that the provisions of this section have been contravened, he may seize and take away or cause to be seized and taken away, that liquor together with the vessel, utensil or other package containing that liquor. (4) In this section the terms " liquor ", " permit " and " license have the meanings assigned to them in the Liquor Act1912-1981. (5) In this section the term " licensed area " means a part of any notified area in respect of which a license or permit is in force under the Liquor Act1912-1981. 18. Hawkers , etc., in or near notified areas. (1) A person shall not sell any thing whatsoever- (a) within a notified area without the written consent of the prescribed person; or (b) within one kilometre of a notified area without the written consent of the Commissioner.

480 Commonwealth Games Act 1982, No. 27 (2) Subsection (1) applies to any person notwithstanding that he is licensed or authorized under any other Act, Statute or law to sell the thing that, by subsection (1), he is prohibited from selling. (3) Subsection (1) does not apply to any person who is lawfully conducting his business from permanent premises in accordance with the Town Plan for the City of Brisbane and the Ordinances of Brisbane City Council. (4) In this section the term " prescribed person " means- (a) in relation to a notified area within the jurisdiction of Griffith University or the University of Queensland, the Vice-Chancellor- of the University concerned or the person for the time being performing the duties of the office of such Vice-Chancellor; (b) in relation to any other notified area, the Commonwealth; Games Foundation. 19. Name and address. (1) If a member of the Police Force suspects on reasonable grounds that a person has committed, is committing or is about to commit an offence against this Act, that member may require that person to state his name and address, or name or address. (2) A person who, when required under subsection (1) so to do, shall not- (a) fail to state his name or address; or (b) state a false name or address. 20. Search of notified areas, etc. If a member of the Police Force suspects on reasonable grounds that there is- (a) in any place, building, structure or vehicle within or near any notified area; (b) on or near any route being used or about to be used by a. notified person; or (c) any place, building, structure or vehicle to be visited by a notified person, anything which has been, is being or is about to be used to- (d) endanger, obstruct, hinder or otherwise interfere with any person; (e) destroy, damage or otherwise interfere with any property; or

Commonwealth Games Act 1982, No. 27 481 (f) disrupt the peaceable and orderly conduct of any event, entertainment or gathering, or any training, preparation or rehearsal therefor, that member may enter and search that place, building, structure or vehicle. 21. Power of a member of the Police Force to remove vehicles, etc. If a member of the Police Force suspects on reasonable grounds that it is necessary for the security of any person or property that a vehicle or other thing of any kind whatsoever placed or erected within or near a notified area should be removed, he may remove that vehicle or thing. PART IV-ENTRY TO NOTIFIED AREAS 22. System of accreditation . (1) The Commonwealth Games Foundation shall issue in respect of the Games period notification in writing of a scheme for accrediting persons with a view to regulating access to any notified area and shall forward a copy thereof to the Commissioner. (2) The Governor in Council may, by notification published in the Gazette, adopt any such scheme issued by the Commonwealth Games Foundation. Any such scheme may be proclaimed by the Governor in Council for the purposes of this Act. 23. Accreditation not applicable to member of the Police Force. The following provisions of this Part shall not apply to a member of the Police Force acting in the execution of his duty. 24. Entry to notified areas , etc. (1) A person shall not enter a notified area otherwise than at an entry point to which relates notification issued pursuant to section 43. (2) A person who enters a notified area other than a notified restricted zone otherwise than at an entry point referred to in subsection (1) shall be deemed to be a trespasser for the purposes of section 27. (3) A person who enters a notified restricted zone otherwise than at an entry point referred to in subsection (1) commits an offence against this Act. 25. Production , etc., of accreditation for entry to notified restricted zones . (1) An authorized person at an entry point to a notified restricted zone may at any time demand production of and inspect any accreditation issued to a person before allowing such person entry to such notified restricted zone.

482 Commonwealth Games Act 1982, No. 27 (2) A person who fails or refuses to produce accreditation for such notified restricted zone, or who produces accreditation which such authorized person suspects on reasonable grounds is false, may be refused entry to such notified restricted zone. 26. Removal of persons from notified restricted zones. (1) An authorized person in a notified restricted zone may at any time demand production of and inspect any accreditation issued to any person in that notified restricted zone. (2) A person who fails or refuses to produce accreditation for that notified restricted zone, or who produces accreditation which such authorized person suspects on reasonable grounds is false may be ordered to leave that notified restricted zone. (3) A person who having been ordered to leave a notified restricted zone in accordance with subsection (2)- (a) remains within that restricted zone; (b) refuses to leave that restricted zone; (c) leaves that restricted zone in accordance with that order but subsequently returns thereto without accreditation, commits an offence against this Act. 27. Removal of persons from notified areas. (1) A member of the Police Force in a notified area may at any time order- (a) a known or reputed criminal who he suspects on reasonable grounds is in the notified area for an unlawful purpose; (b) a known or reputed pick pocket or illegal bookmaker; (c) a person associating with any of the persons specified in paragraph (a) or (b); or (d) a person who is deemed to be a trespasser pursuant to section 24 (2) or section 15, to leave that notified area. (2) A person specified in subsection (1) who having been ordered to leave a notified area- (a) remains in or upon that notified area; (b) refuses to leave that notified area; or (c) leaves that notified area in accordance with an order given pursuant to this section but subsequently returns thereto on the same day, commits an offence against this Act. 28. Power to prevent entry . An authorized person may at any time- (a) refuse permission for any person, animal or vehicle to enter; or (b) prevent any person, animal or vehicle from entering, a notified area.

Commonwealth Games Act 1982, No. 27 483 29. Fraud and unlawful possession of accreditation , etc. (1) A person shall not- (a) in any written application, notice or other document made or given to the Commonwealth Games Foundation or any authorized person make a statement that to his knowledge is false; (b) by a false statement or misrepresentation obtain or attempt to obtain any accreditation; (c) furnish any information that to his knowledge is false or misleading with respect to particulars required to be furnished in connextion with an application for any accreditation; or (d) forge (within the meaning of The Criminal Code) any accredition. (2) Unless he has reasonable cause for so doing, a person shall not have in his possession- (a) any accreditation; (b) any article resembling any accreditation and calculated to deceive; or (c) any document that was formerly an accreditation but that is void, cancelled, surrendered or expired. (3) A person shall not- (a) use any accreditation unless it is an accreditation duly issued to him; (b) lend an accreditation duly issued to him to another person for use by that other person; or (c) permit or suffer to be used by another person an accreditation duly issued to him. (4) Unless he is- (a) authorized by or under this Act; or (b) acting under the direction of the Commonwealth Games Foundation, a person shall not make or cause, permit or allow to be made any endorsement (other than his signature) or any addition or alteration or erasure whatsoever on or from any accreditation. (5) Any accreditation obtained by reason of a false statement or misrepresentation shall be null and void. (6) When any accreditation is cancelled, expired or suspended any person who possesses that accreditation shall forthwith surrender that accreditation to the Commonwealth Games Foundation.

484 Commonwealth Games Act 1982, No. 27 PART V-SITUATION OF EMERGENCY 30. Interpretation . For the purposes of this Part: " Officer of Police " means a member of the Police Force of or above the rank of Inspector of Police; " Situation of emergency " means the occurrence of an incident or the existence of a state of affairs that creates or is likely to create a danger of death or injury to any person. 31. Power of Police with respect to a situation of emergency. (1) If at any time an Officer of Police suspects on reasonable grounds that a situation of emergency has arisen or is likely to arise within or near any notified area he may declare that a situation of emergency exists in relation to the notified area for the purposes of this Part. (2) The Officer of Police shall thereupon issue a certificate in writing signed by him stating that a situation of emergency exists in relation to the notified area by reason of the incident or existence of the state of affairs, specified therein by him. (3) A situation of emergency declared to exist for the purposes of this Part shall be taken to continue until the certificate issued pursuant to subsection (2) is revoked in writing by- (a) the Officer of Police who issued that certificate; (b) the Commissioner; (c) the Minister; or (d) the Governor in Council. 32. Powers of Police during a situation of emergency . Upon the declaration of a situation of emergency in relation to any notified area every member of the Police Force may, for as long as the situation of emergency continues- (a) enter into or upon the notified area; (b) cause the notified area to be evacuated ; (c) remove from the notified area any person found therein who upon being requested by a member of the Police Force to remove himself from that notified area refuses or fails to comply forthwith ; (d) search any person and his possessions found in that notified area; (e) search any thing found in that notified area; (f) remove from that notified area all things that in his opinion are associated with the situation of emergency; (g) render harmless all things found in that notified area that may be a source of danger to any person; (h) direct to assist him any statutory service as he deems necessary for the purpose of dealing with any situation of emergency; and

Commonwealth Games Act 1982, No. 27 485 (i) direct to assist him any person who, in his opinion, may be of assistance in dealing with any situation of emergency. (2) A member of the Police Force exercising authority conferred by this section shall be taken to be acting in the execution of his duty. 33. Protection of employment rights . (1) A person who during the period of a situation of emergency is absent from his usual employment assisting members of the Police Force in connexion with the situation of emergency in any capacity whatsoever shall not be liable to be dismissed from his employment by reason only of his absence assisting those members of the Police Force; (2) For the purpose of calculating the entitlement of an employee to long service leave, sick leave, recreation leave or other benefits to which the employee is entitled by reason only of his usual employment, the continuity of service of the employee, if he is a person referred to in subsection (1) in his usual employment shall be deemed not to have been broken by reason only of his assisting members of the Police Force in connexion with a situation of emergency. (3) Subsections (1) and (2) apply whether or not the employer of the person in question has consented to his assisting members of the Police Force in connexion with a situation of emergency. (4) A person who during the period of a situation of emergency is absent from his usual employment assisting members of the police force in connexion with the situation of emergency in any capacity whatsoever shall be entitled to recompense from the Crown for such work or service as is performed in assistance of those members of the Police Force. (5) In default of agreement between a claimant for recompense on account of work performed or service rendered and the Crown the matter shall be referred to an Industrial Magistrate for Arbitration. 34. Compensation for personal injury . A person, other than a member of the Police Force, who is engaged in assisting members of the Police Force in a situation of emergency operation under the direction of a member of the Police Force shall be deemed to be a worker within the meaning of the Workers Compensation Act 1916-1980 and the provisions of that Act shall apply accordingly. PART VI-GENERAL PROVISIONS 35. Seizure of articles found . (1) When any search is, or has been conducted pursuant to this Act and any thing has been found which thing is of such a nature that the person who found it suspects on reasonable grounds that it is- (a) a thing with respect to, by or through which any offence that is such that the offender may be arrested (with or without warrant) has been committed;

486 Commonwealth Games Act 1982, No. 27 (b) a thing whether animate or inanimate that will, of itself or by scientific examination, afford evidence as to the commission of any offence; or (c) a thing that is intended to be used for the purpose of committing, any offence, that thing may be seized and dealt with in accordance with the provisions. of section 682 of The Criminal Code, as if it were a thing seized under the provisions of that Code. (2) When any thing has been seized under the provisions of section 16 or 17 that thing may be dealt with in accordance with the provisions. of section 682 of the Code, as if it were a thing seized under the provisions of that Code. 36. Power of Arrest. (1) A member of the Police Force may arrest any person found committing an offence against this Act. (2) An authorized person who is not a member of the Police Force may arrest any person found committing an offence against section 11, 24 (3) or 26 (3). (3) Subsection (1) or (2) shall not be construed to prejudice the taking of proceedings against an offender by way of complaint and summons under the Justices Act1886-1980. (4) An authorized person who is not a member of the Police Force shall deliver any person arrested by him to a member of the Police Force to be dealt with according to this section. (5) Subject to the provisions of subsection (4), a person arrested under the provisions of this section shall be taken as soon as practicable to a Police Station, there to be detained (unless he is sooner released on bail) until he can be brought before a Court to be dealt with according to law. 37. Search of persons in custody . (1) When a person has been arrested on a charge for an offence against this Act and before that person is confined within a watchhouse, a member of the Police Force shall search that person and remove from that person- (a) any thing which could afford a means of escape from the watchhouse; (b) any thing which could be used to cause injury to that person or any other person; and (c) for security purposes, any valuables in that person's possession. (2) For the purpose of that search or removal a member of the Police Force may request the services of a medical practitioner where the member deems it necessary. (3) A female person who has been arrested shall, except where the services of a medical practitioner have been requested, be searched only by a female police officer. 38. Attempts to commit offences. Any person who attempts to commit an offence against the provisions of this Act commits an offence against this Act.

Commonwealth Games Act 1982, No. 27 487 39. Fingerprints , etc. (1) Where a person has been arrested for an offence against this Act, the Officer in Charge of Police at the Police Station to which he is taken after arrest or where he is in custody may take or cause to be taken all such particulars as he may consider necessary for the identification of such person including his voice print, photograph, finger prints, palm prints, foot prints, toe prints and handwriting. Such force as is reasonably necessary may be used in the taking of those particulars. (2) A Court that convicts a person who appears in person before the Court, of an offence against this Act may at the request of the prosecutor order that person into the custody of a member of the Police Force for the purpose of obtaining any particulars referred to in subsection (1) and that member and any member acting in aid of him shall take (using such force as is necessary for that purpose) that person to a place where those particulars can adequately be taken and take those particulars. (3) Where a person is found not guilty of an offence against this Act, any voice print, photograph, finger prints, palm prints, foot prints, toe prints and handwriting previously taken under the provisions of this Act in relation to the offence in respect to which he is found not guilty shall at the request of the person be destroyed in his presence save where they are required as evidence in respect of any other offence which that person is alleged to have committed against this Act. PART VII-MISCELLANEOUS 40. Proceedings . (1) A person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act. (2) A person guilty of an offence against this Act is liable, if no specific penalty is provided, to a penalty not exceeding $2,000 or to imprisonment for a term not exceeding two years or to both such penalty and imprisonment. (3) A prosecution for an offence against this Act may be by way of summary proceedings under the JusticesAct1886-1980 upon the ,complaint of any member of the Police Force. (4) In all proceedings for the purposes of this Act any member of the Police Force, although not the informant or complainant, may appear and act in court on behalf of the prosecution. 41. Delegation of power . (1) Where by this Act (other than this section) any power, function or duty may be exercised or discharged by the Commissioner or the Commonwealth Games Foundation such power, function or duty may be delegated in writing to such person as the Commissioner or the Commonwealth Games Foundation from

488 Commonwealth Games Act 1982, No. 27 time to time, thinks fit, so that the delegated power, function or duty may be exercised or discharged by the delegate with regard to the matters or class of matters specified in the instrument of delegation. (2) Any such delegation may be revoked at will. (3) A delegation shall not prevent the exercise or discharge of any power, function or duty by the person who has delegated that power, function or duty. 42. Protection of Crown , Minister , police officers and others Liability at law shall not attach to the Crown, the Minister, an authorized person or any person acting at the request of a member of the Police Force on account of anything done in good faith and without negligence for the purposes of this Act. 43. Notifications . (1) The Governor in Council by Order in Council may from time to time issue notifications of- (a) the areas, sites, restricted zones and entry points in relation to which the powers and authorities of this Act may be exercised; (b) the names, designations and status of notified persons; (c) the form of the identity card issued to an authorized person; (d) the whereabouts on the boundaries of notified areas of entry points. (2) The notifications may specify notified areas, notified sites, notified restricted zones and entry points by names and descriptions or by way of maps, charts or drawings held at the office of the Commissioner. 44. Evidentiary . In any proceeding for the purposes of this Act the allegation or averment in a complaint for an offence against this Act that- (a) a place is or was a notified area, notified site, notified restricted zone or entry point, or some other place to which this Act refers; (b) a person is or was a notified person; (c) an act was done without the written consent of the Commissioner or the Commonwealth Games Foundation or his or its delegate or the Vice-Chancellor of Griffith University or the Vice-Chancellor of the University of Queensland or the person who for the time being was performing the duties of the Office of such Vice-Chancellor; (d) a thing is or was a prohibited thing for the purposes of section 16; (e) a person is or was, or is or was not, an authorized person; (f) a person is or was, or is or was not, accredited under section 22;

Commonwealth Games Act 1982, No. 27 489 (g) a situation of emergency is or was declared under section 31, shall be evidence, and in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. 45. Advertising of notified areas, etc . (1) Every- (a) notified area, notified site, notified restricted zone, entry point; and (b) thing prohibited in respect of any notified area pursuant to section 16, shall be advertised in a daily newspaper published and circulated in Brisbane and in such other manner as is prescribed by the regulations. (2) Proof of the advertisement referred to in sub-section (1) shall be given by the complainant in any proceeding for the purposes of this Act in respect of a notified area, notified site, notified restricted zone, entry point or thing prohibited in respect of any notified area pursuant to section 16. 46. Regulations . The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be necessary or convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act.