Crime Commission Act 1997 (Qld)
Case
No judgment structure available for this case.
Queensland CRIME COMMISSION ACT 1997 Reprinted as in force on 16 March 2001 (includes amendments up to Act No. 60 of 2000) Reprint No. 2B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 16 March 2001. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • editorial changes made in earlier reprints.
Queensland CRIME COMMISSION ACT 1997 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Objects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6 Meaning of “criminal paedophilia” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 7 Meaning of “major crime” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 8 Meaning of “organised crime” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9 Meaning of “relevant criminal activity” . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 10 References to criminal activity include suspected criminal activity . . . . . 11 PART 2—QUEENSLAND CRIME COMMISSION AND CRIME COMMISSIONER Division 1—Queensland crime commission 11 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 QCC is a body corporate etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 2—Crime commissioner and assistant commissioners 13 Crime commissioner and assistant crime commissioners . . . . . . . . . . . . . . 13 14 Appointment of crime commissioner and assistant crime commissioners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 15 Establishment of selection panel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 16 Nomination for appointment as commission member . . . . . . . . . . . . . . . . . . 14 17 Duration of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 18 Terms of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 19 Preservation of rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
2 Crime Commission Act 1997 20 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 22 Termination of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 23 Acting commission members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 24 Disclosure of pecuniary interests by commission members . . . . . . . . . . . . . 17 Division 3—QCC staff and agents 25 QCC staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 26 Engagement of agents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 27 Counsel assisting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 4—QCC Functions 28 QCC’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 29 Crime commissioner may ask for reference or change to reference . . . . . . 19 Division 5—QCC’s interaction with other entities 30 Police task forces to assist QCC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 31 Liaison with other entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 32 QCC may give information to other entities . . . . . . . . . . . . . . . . . . . . . . . . . 20 33 CJC to be advised of official misconduct . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 6—Public sittings 34 Public sittings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 7—Delegations and authorised QCC officers 35 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 36 Authorised QCC officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 8—QCC’s annual report 37 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART 3—MANAGEMENT COMMITTEE Division 1—Establishment of management committee 38 Establishment of management committee . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 39 Membership of management committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 40 Deputy committee member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 41 Duration of appointment of appointed member . . . . . . . . . . . . . . . . . . . . . . . 25 42 Terms of appointment of appointed member . . . . . . . . . . . . . . . . . . . . . . . . . 25 43 Resignation of appointed member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
3 Crime Commission Act 1997 44 Termination of appointment of appointed member . . . . . . . . . . . . . . . . . . . . 25 Division 2—Functions 45 Management committee’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division 3—Referrals 46 Referrals to QCC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 47 Management committee may give QCC directions about investigations . . 28 48 Referrals to police service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 4—Management committee powers and associated QCC duties 49 Management committee may obtain information from QCC . . . . . . . . . . . . 29 50 Management committee may give directions and guidelines to QCC . . . . 29 Division 5—Complaints 51 Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 6—Meetings and other business of management committee 52 Meaning of “required minimum number” of committee members . . . . . . . 30 53 Conduct of meetings and other business . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 54 Times and places of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 55 Presiding at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 56 Quorum and voting at meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 57 Participation in meetings by telephone etc. . . . . . . . . . . . . . . . . . . . . . . . . . 31 58 Resolutions without meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 59 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 PART 4—PARLIAMENTARY COMMISSIONER Division 1—Functions 60 Functions of parliamentary commissioner for this Act . . . . . . . . . . . . . . . . . 32 Division 2—Reviews 61 Intelligence data review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 62 CJC access review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 63 Parliamentary commissioner to decide whether access to be given . . . . . . 34 Division 3—Powers 64 Powers—general . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 65 Powers—intelligence data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 66 Powers—CJC access review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
4 Crime Commission Act 1997 Division 4—General 67 Confidentiality obligations not to apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 68 Protection of parliamentary commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . 37 PART 5—PUBLIC INTEREST MONITOR 69 Public interest monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 70 Monitor’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 70A Acting monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 71 Monitor’s annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 72 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 72A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 PART 6—POWERS Division 1—Units of public administration 73 Commission member may require information etc. from units of public administration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Division 2—Search warrants generally 74 Search warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 75 Issue of search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 76 Order in search warrants about documents . . . . . . . . . . . . . . . . . . . . . . . . . . 43 77 When warrant ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 77A What search warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 77B Powers under search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 77C Copy of search warrant to be given to occupier . . . . . . . . . . . . . . . . . . . . . . 46 77D Search to prevent loss of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 77E Post-search approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 77F Making of post-search approval order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 77G Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 77H Limitations on search of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 77I Supplying officer’s details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 77J Receipt for seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 78 Requirements after property is seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 79 Right to inspect seized documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 80 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
5 Crime Commission Act 1997 Division 3—Non-application of certain Acts 81 Certain Acts do not apply to divs 3A-3E . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Division 3A—Use of surveillance devices under warrant of Supreme Court judge 82 Surveillance warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 83 Who may be present at consideration of application for surveillance warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 84 Consideration of application for surveillance warrant . . . . . . . . . . . . . . . . . 54 85 Issue of surveillance warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 86 What surveillance warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 87 Report on use of surveillance devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 88 Duration and extension of surveillance warrants . . . . . . . . . . . . . . . . . . . . . . 56 89 Power under surveillance warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 Division 3B—Emergency use of surveillance devices 90 Emergency use of surveillance devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 91 Application for approval of emergency use of surveillance device . . . . . . . 58 91A Who may be present at consideration of application . . . . . . . . . . . . . . . . . . 59 91B Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 91C Judge may approve emergency use of powers . . . . . . . . . . . . . . . . . . . . . . . . 60 91D Use of evidence and information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 3C—Use of surveillance devices under magistrates warrant 91E Surveillance warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 91F Who may be present at consideration of application . . . . . . . . . . . . . . . . . . 61 91G Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 91H Issue of surveillance warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 91I What warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 91J Duration and extension of surveillance warrants . . . . . . . . . . . . . . . . . . . . . . 63 91K Powers under surveillance warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Division 3D—Other provisions about surveillance devices 91L Restriction about records and access to surveillance warrant applications etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 91M Disclosure of information obtained using surveillance warrant . . . . . . . . . . 65 91N Destruction of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
6 Crime Commission Act 1997 Division 3E—Covert searches 91O Covert search warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 91P Who may be present at consideration of application . . . . . . . . . . . . . . . . . . 67 91Q Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 91R Issue of covert search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 91S What covert search warrant must state . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 91T Duration and extension of covert search warrant . . . . . . . . . . . . . . . . . . . . . 69 91U Restriction about records and access to covert search warrant applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 91V Powers under covert search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 91W Report on covert search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Division 4—Warrants register 92 Register of warrants, warrant applications etc. . . . . . . . . . . . . . . . . . . . . . . . 71 Division 5—Notice to produce 93 Notice to produce . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 94 Notice to produce—claim of privilege . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Division 6—Attendance notice 95 Attendance notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 96 Offence not to attend hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Division 7—Arrest 97 Arrest warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Division 8—General 98 QCC’s powers generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 99 General power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 PART 7—HEARINGS 100 QCC may hold hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 101 Conduct of hearings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 102 Hearings are closed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 103 Legal representation and examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 104 Right to interpreter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 105 Refusal to produce—claim of reasonable excuse . . . . . . . . . . . . . . . . . . . . . 81 106 Return of sealed documents or things for decision on claim of privilege at hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
7 Crime Commission Act 1997 107 Refusal to take oath or affirmation or to answer question . . . . . . . . . . . . . . 83 108 Presiding member to decide whether refusal to answer questions or produce documents or things is justified . . . . . . . . . . . . . . . . . . . . . . . . . . 84 109 Appeals to Supreme Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 110 Restriction on use of privileged answers, documents and things disclosed or produced under compulsion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 111 Publication of names, evidence etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 112 QCC must give evidence to defence unless court certifies otherwise . . . . 88 113 Protection of members, legal representatives and witnesses . . . . . . . . . . . . 88 114 Contempt of commission member . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 115 Punishment of contempt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 116 Conduct that is contempt and offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 117 Allowances for witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 118 Legal assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 PART 8—OFFENCES 119 Disclosures about QCC notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 120 False or misleading statements or documents . . . . . . . . . . . . . . . . . . . . . . . . 93 121 Obstruction of QCC etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 122 Injury or detriment to witness etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 123 Pretending to be a QCC officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 124 Indictable and summary offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 125 Proceedings for indictable offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 PART 9—GENERAL 126 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 127 Protecting officials from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 128 Protection of witnesses etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 129 Record of execution of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 130 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 131 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 PART 10—TRANSITIONAL PROVISIONS 132 Audit of investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 100 DICTIONARY
8 Crime Commission Act 1997 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 106 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
s1 9 s4 Crime Commission Act 1997 CRIME COMMISSION ACT 1997 [as amended by all amendments that commenced on or before 16 March 2001] An Act to establish the Queensland Crime Commission, and for other matters PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Crime Commission Act 1997 . ˙ Commencement 2. This Act commences on a day to be fixed by proclamation. ˙ Act binds all persons 3. This Act binds all persons, including the State, and, so far as the legislative power of Parliament permits, the other States. ˙ Objects 4.(1) The objects of this Act are to provide for— (a) the establishment of a permanent crime commission to investigate criminal activity referred to it and, in particular, criminal paedophilia and major and organised crime; and (b) the establishment of a management committee to oversight the activities of the crime commission and to refer matters to the crime commission for investigation; and
s 5 10 s 7 Crime Commission Act 1997 (c) the accountability of the crime commission to the Minister and the Legislative Assembly; and (d) a mechanism for the investigation of complaints against the crime commission or members or officers of the crime commission. (2) It is Parliament’s intention that the investigation of criminal activity be conducted by the crime commission and other law enforcement agencies working cooperatively as partners to achieve optimal use of available law enforcement resources. (3) However, Parliament recognises that the investigation of official misconduct should be undertaken independently of general law enforcement, and that the need for cooperation between law enforcement agencies may be subordinate to the need for independent investigation of official misconduct. ˙ Dictionary 5. The dictionary in the schedule defines particular words used in this Act. ˙ Meaning of “criminal paedophilia” 6.(1) “Criminal paedophilia” means activities involving— (a) offences of a sexual nature committed in relation to children; or (b) offences relating to obscene material depicting children. (2) It is immaterial whether the offence is committed in Queensland or elsewhere if the offender or the child is ordinarily resident in Queensland. ˙ Meaning of “major crime” 7. “Major crime” means criminal activity, other than relevant criminal activity, that involves an indictable offence punishable on conviction by a term of imprisonment not less than 14 years.
s 8 11 s 10 Crime Commission Act 1997 ˙ Meaning of “organised crime” 8. “Organised crime” means criminal activity that involves— (a) indictable offences punishable on conviction by a term of imprisonment not less than 7 years; and (b) 2 or more persons; and (c) substantial planning and organisation or systematic and continuing activity; and (d) a purpose to obtain profit, gain, power or influence. ˙ Meaning of “relevant criminal activity” 9. A thing is “relevant criminal activity” if it involves— (a) criminal paedophilia; or (b) organised crime; or (c) something that is— (i) preparatory to the commission of criminal paedophilia or organised crime; or (ii) undertaken to avoid detection of or prosecution for criminal paedophilia or organised crime. ˙ References to criminal activity include suspected criminal activity 10. A reference to criminal paedophilia, major crime, organised crime or relevant criminal activity includes, in the context of investigation, suspected criminal paedophilia, suspected major crime, suspected organised crime and suspected relevant criminal activity.
s 11 12 s 12 Crime Commission Act 1997 PART 2—QUEENSLAND CRIME COMMISSION AND CRIME COMMISSIONER Division 1—Queensland crime commission ˙ Establishment 11. The Queensland Crime Commission ( “QCC” ) is established. ˙ QCC is a body corporate etc. 12.(1) QCC— (a) is a body corporate with perpetual succession; and (b) has a common seal; and (c) may sue and be sued in its corporate name. (2) QCC consists of the following members— (a) the crime commissioner who is the chairperson; (b) each assistant crime commissioner. (3) QCC is— (a) a unit of public administration under— (i) the Criminal Justice Act 1989 ; and (ii) the Public Sector Ethics Act 1994 ; and (b) a statutory body under the Financial Administration and Audit Act1977 ; and (c) an exempt public authority under the Corporations Law. (4) Judicial notice must be taken of the imprint of QCC’s seal appearing on a document and the document must be presumed to have been properly sealed unless the contrary is proved.
s 13 13 s 14 Crime Commission Act 1997 Division 2—Crime commissioner and assistant commissioners ˙ Crime commissioner and assistant crime commissioners 13.(1) There is to be a crime commissioner and there may be 1 or more assistant crime commissioners. (2) The crime commissioner is the chief executive officer of QCC and the accountable officer of QCC for the Financial Administration and AuditAct 1977 . ˙ Appointment of crime commissioner and assistant crime commissioners 14.(1) The crime commissioner and assistant crime commissioners are to be appointed by the Governor in Council. (2) A person is qualified for appointment as the crime commissioner if the person has served as, or is qualified for appointment as, a judge of— (a) the Supreme Court of Queensland; or (b) the Supreme Court of another State. (3) A person is qualified for appointment as an assistant crime commissioner if the person is nominated for appointment by the Minister. (4) However, a person is not qualified for appointment as a commission member if the person has been found guilty of an indictable offence. 1 (5) The Criminal Law (Rehabilitation of Offenders) Act 1986 , sections 6, 8 and 9, 2 do not apply in relation to the appointment of a commission member. (6) The commission members are to be appointed under this Act, and not under the Public Service Act 1996 . 1 Acts Interpretation Act 1954 , section 36— “indictable offence” includes an act or omission committed outside Queensland that would be an indictable offence if it were committed in Queensland. 2 Criminal Law (Rehabilitation of Offenders) Act 1986 , sections 6 (Non-disclosure of convictions upon expiration of rehabilitation period), 8 (Lawful to deny certain convictions) and 9 (Duty to disregard certain convictions)
s 15 14 s 18 Crime Commission Act 1997 (7) The crime commissioner must be appointed on a full-time basis. (8) An assistant crime commissioner may be appointed on a full-time or part-time basis. ˙ Establishment of selection panel 15.(1) The Minister must establish a selection panel to consider applicants for appointment as commission members. (2) The panel must include— (a) the Minister; and (b) 3 persons appointed by the Minister, at least 2 of whom have expertise in the commission’s functions. (3) The Minister must invite the person recognised in the Legislative Assembly as the Leader of the Opposition to be a panel member or to nominate another member of the Assembly to be a panel member in place of the leader. (4) If the leader accepts the Minister’s invitation, the leader or the leader’s nominee is a panel member. ˙ Nomination for appointment as commission member 16. The Minister may nominate a person for appointment as a commission member only after— (a) advertising for applications; and (b) consulting with the other selection panel members. ˙ Duration of appointment 17. A commission member holds office for the term, not longer than 5 years, stated in the instrument of appointment. ˙ Terms of appointment 18.(1) A commission member is to be paid the remuneration and allowances decided by the Governor in Council.
s 19 15 s 22 Crime Commission Act 1997 (2) A commission member holds office on the terms, not provided for in this Act, decided by the Governor in Council. ˙ Preservation of rights 19.(1) This section applies if a public service officer is appointed as a commission member. (2) The person retains and is entitled to all rights that have accrued to the person because of the person’s employment as a public service officer, or that would accrue in the future to the person because of that employment, as if service as a commission member were a continuation of service as a public service officer. (3) At the end of the person’s term of office or on resignation— (a) the person is entitled to be appointed to an office in the public service at a salary level not less than the current salary level of an office equivalent to the office the person held before being appointed as a commission member; and (b) the person’s service as a commission member is to be regarded as service of a like nature in the public service for deciding the person’s rights as a public service officer. ˙ Leave of absence 20. The Minister may grant leave of absence to a commission member on the terms the Minister considers appropriate. ˙ Resignation 21. A commission member may resign by signed notice given to the Minister. ˙ Termination of appointment 22.(1) The Governor in Council may terminate the appointment of a commission member if the member—
s 23 16 s 23 Crime Commission Act 1997 (a) becomes incapable of satisfactorily performing the member’s duties; or (b) is guilty of misconduct that could warrant dismissal from the public service if the member were a public service officer; or (c) is an undischarged bankrupt or is taking advantage of the laws in force relating to bankrupt debtors; or (d) is absent from duty or from the State, without the Minister’s leave and without reasonable excuse, for 7 consecutive days or 14 days in a year. (2) The Governor in Council must terminate a commission member’s appointment if the commission member— (a) is found guilty of an indictable offence; or (b) engages in paid employment outside the duties of office without the Minister’s approval. ˙ Acting commission members 23.(1) The Governor in Council may appoint a person, who is qualified for appointment as the crime commissioner, to act as the crime commissioner— (a) during a vacancy in the office; or (b) during any period, or all periods, when the crime commissioner is absent from duty or from the State or, for another reason, can not perform the duties of the office. (2) The Governor in Council may appoint a person, who is qualified for appointment as an assistant crime commissioner, to act as an assistant crime commissioner— (a) during a vacancy in the office; or (b) during any period, or all periods, when an assistant crime commissioner is absent from duty or from the State or, for another reason, can not perform the duties of the office.
s 24 17 s 26 Crime Commission Act 1997 ˙ Disclosure of pecuniary interests by commission members 24.(1) QCC must keep a register of each commission member’s pecuniary interests at the time of the member’s appointment as a commission member or acquired by the member during his or her term of office as a commission member. (2) Each commission member must give to QCC, the Minister and the management committee— (a) as soon as practicable after the member’s appointment as a commission member—a written summary of the member’s pecuniary interests at the time of the member’s appointment; and (b) within 30 days after any substantial change in the member’s pecuniary interests—written information of the change. (3) The register and record kept under subsection (1) must be updated at least once during each 12 month period of a commissioner member’s term of office. Division 3—QCC staff and agents ˙ QCC staff 25.(1) QCC staff are to be employed under the Public Service Act 1996 . (2) QCC may arrange with the chief executive of a department, or with another unit of public administration, for the services of officers or employees of the department or other unit to be made available to it. ˙ Engagement of agents 26.(1) To meet temporary circumstances, QCC may engage suitably qualified persons (each a “QCC agent” ) to provide it with services, information or advice. (2) A person engaged under subsection (1) is engaged on the terms and conditions decided by QCC and not under the Public Service Act 1996 .
s 27 18 s 28 Crime Commission Act 1997 ˙ Counsel assisting 27. With the approval of the management committee, QCC may engage, under section 26, a lawyer to assist it as counsel, either generally or in relation to a particular matter or matters. Division 4—QCC Functions ˙ QCC’s functions 28.(1) QCC has the following functions— (a) to investigate relevant criminal activity or major crime referred to it by the management committee; (b) when conducting investigations, to gather evidence for— (i) the prosecution of persons for offences; and (ii) the recovery of the proceeds of relevant criminal activity or major crime; (c) to refer evidence of official misconduct in its possession to the CJC; (d) to undertake tasks the management committee may lawfully ask QCC to undertake; (e) to maintain an effective intelligence service about relevant criminal activity and major crime, and to monitor the intelligence data collected with a view to forecasting trends in relevant criminal activity and major crime; (f) to liaise with, provide information to, and receive information from, other law enforcement agencies, including agencies outside the State or Australia, about relevant criminal activity and major crime. (2) The conferral of functions on QCC under subsection (1) does not limit the power of the police service or another law enforcement agency to perform the functions, but each law enforcement agency, including QCC, is to use its best endeavours to work cooperatively with each other law enforcement agency to achieve optimal use of available resources.
s 29 19 s 31 Crime Commission Act 1997 ˙ Crime commissioner may ask for reference or change to reference 29.(1) The crime commissioner may, if he or she considers it appropriate, ask the management committee to refer to QCC for investigation— (a) relevant criminal activity; or (b) a major crime. (2) The request must be written and may be supported by any written submission the crime commissioner considers appropriate. (3) The crime commissioner may, if he or she considers it appropriate, ask the management committee to change the terms of an existing reference. Division 5—QCC’s interaction with other entities ˙ Police task forces to assist QCC 30.(1) The management committee may make arrangements with the police commissioner for the establishment of a police task force to help QCC carry out an investigation. (2) The task force is, subject to subsection (3), under the control and direction of the police commissioner. (3) The management committee may give directions or guidelines to QCC and the police commissioner for the establishment of the task force, and QCC and the police commissioner must comply with the directions or guidelines. ˙ Liaison with other entities 31.(1) QCC may liaise with, give information about criminal activity to, and receive information about criminal activity from— (a) other law enforcement agencies, including agencies outside the State or Australia; or (b) if the management committee approves—other entities, including entities outside the State or Australia.
s 32 20 s 34 Crime Commission Act 1997 (2) With the approval of the management committee, QCC may enter into operational agreements with other entities, including an entity mentioned in section 45(1)(b)(ii), 3 for the giving of information to help QCC perform its investigative function. ˙ QCC may give information to other entities 32. Without limiting anyone’s right to start a prosecution for an offence, if QCC has evidence of an offence against a law of the State, the Commonwealth or another State, QCC may give the evidence to the law enforcement agency QCC considers appropriate. ˙ CJC to be advised of official misconduct 33.(1) If QCC has evidence of official misconduct, QCC must advise the CJC of the official misconduct as soon as practicable. (2) If the advice is likely to prejudice an investigation QCC is conducting, QCC need not advise the CJC until QCC is satisfied the advice is not likely to prejudice the investigation. (3) QCC must advise the parliamentary commissioner of a decision under subsection (2) not to advise the CJC of evidence of official misconduct. (4) The parliamentary commissioner must monitor the delay in giving the evidence to the CJC and decide when it must be given to the CJC. Division 6—Public sittings ˙ Public sittings 34.(1) With the approval of the management committee, QCC may hold sittings in public to inform the public of, or receive submissions about, the general conduct of its operations. (2) The sitting must be conducted by 1 or more commission members. 3 Section 45 (Management committee’s functions)
s 35 21 s 36 Crime Commission Act 1997 (3) QCC must not divulge in the course of a sitting any matter the disclosure of which to members of the public could prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence. Division 7—Delegations and authorised QCC officers ˙ Delegation 35.(1) The crime commissioner may delegate QCC’s powers under this or another Act to— (a) an assistant crime commissioner; or (b) an appropriately qualified QCC officer. (2) Subsection (1) does not apply to a QCC power that, under the provision of an Act conferring the power, is to be exercised by a stated person. (3) The crime commissioner may delegate the crime commissioner’s powers to— (a) an assistant crime commissioner; or (b) an appropriately qualified QCC officer. (4) In this section— “appropriately qualified” means having the qualifications, experience or standing appropriate to exercise the power. Example of ‘standing’ — The level at which a person is employed in QCC. ˙ Authorised QCC officer 36.(1) The crime commissioner may authorise an appropriately qualified officer or employee of QCC to perform the functions of, exercise the powers of, or for any purpose to be, an authorised QCC officer under a provision of this Act or another Act. (2) An authorisation may be given on conditions.
s 37 22 s 37 Crime Commission Act 1997 (3) The crime commissioner, an assistant crime commissioner and a police officer who is a member of a police task force is an authorised QCC officer for all purposes. (4) A reference in a provision of this or another Act to an authorised QCC officer is a reference to a person who is an authorised QCC officer under this section. (5) In this section— “appropriately qualified” includes having the qualifications, experience or standing appropriate to perform the function of, exercise the power of, or to be, an authorised QCC officer. Example of ‘standing’ — The level at which a person is employed in or engaged by QCC. Division 8—QCC’s annual report ˙ Annual report 37.(1) As soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the crime commissioner must prepare and give to the Minister a written report about the operation of QCC during the year. (2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report. (3) Each annual report of QCC must include the following— (a) a description of the matters that were referred during the year to QCC for investigation; (b) a description, which may include statistics, of relevant criminal activity or major crime that has come to the attention of QCC during the year; (c) the extent to which its investigations have resulted in the prosecution in the year of persons for offences; (d) particulars of any arrest warrants issued under this Act during the year;
s 38 23 s 38 Crime Commission Act 1997 (e) particulars of the number and results of— (i) applications to appeal and appeals under section 109; 4 and (ii) other court proceedings involving QCC; that were decided, or otherwise disposed of, during the year; (f) another matter decided by the management committee. (4) A report by QCC under this section must not— (a) identify persons as being suspected of having committed offences; or (b) identify persons as having committed offences, unless the persons have been convicted of the offences. (5) QCC must take reasonable care to ensure in an annual report the identity of a person is not revealed if to reveal it might, having regard to any material appearing in the report, prejudice the safety or reputation of a person or prejudice the fair trial of a person who has been or may be charged with an offence. (6) A report containing particulars of arrest warrants must not reveal the identity of persons against whom the warrants were issued. PART 3—MANAGEMENT COMMITTEE Division 1—Establishment of management committee ˙ Establishment of management committee 38. The Queensland Crime Commission Management Committee ( “management committee” ) is established. 4 Section 109 (Appeals to Supreme Court)
s 39 24 s 39 Crime Commission Act 1997 ˙ Membership of management committee 39.(1) The management committee consists of the following committee members— (a) the crime commissioner who is the chairperson of the management committee; (b) the police commissioner; (c) the chairperson of the CJC; (d) the chairperson of the national crime authority; (e) the chairperson of the parliamentary committee; (f) the deputy chairperson of the parliamentary committee; (g) the Commissioner for Children and Young People; (h) 2 persons appointed by the Governor in Council as community representatives (each of whom is an “appointed member” ), of whom 1 at least must have a demonstrated interest in civil liberties and 1 at least must be a female. (2) For an appointment of a person as a community representative, the Minister must cause notification of the Minister’s intention to make a nomination to the Governor in Council to be advertised statewide, calling for applications from suitably qualified persons to be considered for nomination. (3) Before making the nomination to the Governor in Council, the Minister must consult with the person recognised in the Legislative Assembly as the Leader of the Opposition. (4) The following persons are not eligible to be appointed as a community representative— (a) a police officer; (b) a member or officer of the CJC; (c) another person holding an office or appointment in a unit of public administration; (d) a person who has been convicted of an indictable offence; (e) a person who is an undischarged bankrupt or is taking advantage of the laws in force relating to bankrupt debtors.
s 40 25 s 44 Crime Commission Act 1997 ˙ Deputy committee member 40.(1) The police commissioner may appoint as the commissioner’s deputy for a management committee meeting an officer holding rank equal to or higher than assistant commissioner ( “deputy committee member” ). (2) The chairperson of the CJC may appoint as the chairperson’s deputy for a management committee meeting another member of the CJC (also a “deputy committee member” ). (3) The chairperson of the national crime authority may appoint as the chairperson’s deputy for a management committee meeting a person nominated by the chairperson (also a “deputy committee member” ). (4) If the police commissioner or either chairperson appoints a deputy committee member for a management committee meeting, the deputy is taken to be the committee member for whom the person is deputy at the meeting. ˙ Duration of appointment of appointed member 41. An appointed member holds office for the term, not longer than 3 years, stated in the instrument of appointment. ˙ Terms of appointment of appointed member 42.(1) An appointed member is appointed on a part-time basis. (2) An appointed member holds office on the terms, not provided for in this Act, decided by the Governor in Council. ˙ Resignation of appointed member 43. An appointed member may resign by signed notice given to the Minister. ˙ Termination of appointment of appointed member 44.(1) The Governor in Council may terminate the appointment of a person as an appointed member, if the person—
s 45 26 s 45 Crime Commission Act 1997 (a) stops being eligible for appointment as an appointed committee member; or (b) becomes incapable of satisfactorily performing the member’s duties; or (c) is guilty of misconduct that could warrant dismissal from the public service if the member were a public service officer. (2) The Governor in Council must terminate the appointment of a person as an appointed member, if the person is convicted of an indictable offence. Division 2—Functions ˙ Management committee’s functions 45.(1) The management committee has the following functions— (a) to refer, as provided under this Act, relevant criminal activity and major crime to QCC for investigation; (b) to arrange for, and coordinate to the extent the committee considers appropriate, joint investigations into relevant criminal activity or major crime by— (i) QCC; and (ii) a police task force or another entity; (c) to receive complaints made against, or concerns expressed about, the conduct or activities of QCC or a QCC officer; (d) to review and monitor generally the work of QCC. (2) The crime commissioner must give the management committee reasonable administrative services and support to enable the committee to perform its functions.
s 46 27 s 46 Crime Commission Act 1997 Division 3—Referrals ˙ Referrals to QCC 46.(1) The management committee may refer relevant criminal activity to QCC for investigation— (a) on its own initiative; or (b) at the request of the police commissioner; or (c) at the request of the crime commissioner. (2) The management committee may refer major crime to QCC for investigation at the request of the police commissioner. (3) The referral must be written. (4) The committee may, on its own initiative, refer relevant criminal activity to QCC for investigation only if it is satisfied— (a) an investigation into the relevant activity is unlikely to be effective using powers ordinarily available to the police service; and (b) it is in the public interest to refer the relevant criminal activity to QCC. (5) The committee may, at the request of the police commissioner, refer suspected relevant criminal activity or a major crime to QCC for investigation only if it is satisfied— (a) the police service has carried out an investigation into the relevant criminal activity or major crime that has not been effective; and (b) further investigation into the relevant criminal activity or major crime is unlikely to be effective using powers ordinarily available to police officers; and (c) it is in the public interest to refer the relevant criminal activity or major crime to QCC. (6) Without limiting the matters to which the committee may have regard in deciding whether it is in the public interest to refer the relevant criminal activity or major crime to QCC, the committee may have regard to the following matters—
s 47 28 s 48 Crime Commission Act 1997 (a) the number of persons that may be involved in the relevant criminal activity or major crime; (b) the degree of planning and organisation likely to be involved in the relevant criminal activity or major crime; (c) the seriousness of, or the consequences of, the relevant criminal activity or major crime; (d) the person or persons likely to be responsible for planning and organising the relevant criminal activity or major crime; (e) the likely involvement of those persons in similar activities; (f) the financial or other benefits likely to be derived by those or other persons from the relevant criminal activity or major crime; (g) whether investigation by QCC is a justifiable use of resources. (7) Despite this section, QCC is taken to have a standing reference from the management committee to investigate criminal paedophilia. ˙ Management committee may give QCC directions about investigations 47.(1) The management committee may give QCC directions imposing limitations on an investigation, including limitations on the exercise of QCC’s powers for the investigation. (2) The committee may also direct QCC to end a particular investigation if the committee considers— (a) it may be more appropriate for another entity to undertake the investigation; or (b) it may be more effective for another entity to undertake the investigation; or (c) investigation by QCC is an unjustifiable use of resources. (3) QCC must comply with a direction given under subsection (1) or (2). ˙ Referrals to police service 48.(1) The management committee may refer criminal activity to the
s 49 29 s 50 Crime Commission Act 1997 police commissioner for investigation if it is satisfied that the complaint is not appropriate for investigation or continued investigation by QCC. (2) The referral must be written. (3) The police commissioner must, if asked by the committee, report to the committee on the referral. (4) The police commissioner must consider any comments about the referral raised by the committee. Division 4—Management committee powers and associated QCC duties ˙ Management committee may obtain information from QCC 49.(1) QCC must keep the management committee informed of the general conduct of its operations in the performance of its functions. (2) If the management committee asks QCC to give to it information concerning a matter relating to QCC’s operations in the performance of its functions, QCC must comply with the request and give the help the committee needs to consider the information. (3) Information provided to the management committee is provided on a confidential basis. ˙ Management committee may give directions and guidelines to QCC 50.(1) The management committee may give directions or guidelines to QCC about— (a) the performance of its functions; or (b) its internal management. (2) QCC must comply with the directions or guidelines.
s 51 30 s 54 Crime Commission Act 1997 Division 5—Complaints ˙ Complaints 51.(1) If the management committee receives a complaint that provides evidence of official misconduct against QCC or a QCC officer, the management committee must refer the complaint to the CJC. (2) If the management committee receives a complaint against QCC or a QCC officer about a matter other than official misconduct, the management committee may take action about the complaint it considers appropriate, including— (a) making inquiries; and (b) referring the complaint to another entity for action. Division 6—Meetings and other business of management committee ˙ Meaning of “required minimum number” of committee members 52. In this division— “required minimum number” of committee members means the number that is half the number of committee members of which the management committee for the time being consists or, if that number is not a whole number, the next higher whole number. ˙ Conduct of meetings and other business 53. Subject to this division, the management committee may conduct its business, including its meetings, in the way it considers appropriate. ˙ Times and places of meetings 54.(1) Meetings of the management committee are to be held at the times and places the committee decides. (2) However, the crime commissioner— (a) may at any time convene a meeting; and
s 55 31 s 57 Crime Commission Act 1997 (b) must convene a meeting when asked by at least the required minimum number of committee members. ˙ Presiding at meetings 55.(1) The crime commissioner is to preside at all meetings at which the crime commissioner is present. (2) If the crime commissioner is not present at a meeting, the committee member chosen by the committee members present at the meeting is to preside. ˙ Quorum and voting at meetings 56. At a management committee meeting— (a) the required minimum number of committee members constitute a quorum; and (b) a question is to be decided by a majority of the votes of the committee members present and voting; and (c) each committee member present has a vote on each question arising for decision and, if the votes are equal, the committee member presiding also has a casting vote. ˙ Participation in meetings by telephone etc. 57.(1) The management committee may permit its members to participate in a particular meeting, or all meetings, by— (a) telephone; or (b) closed circuit television; or (c) another means of communication permitting contemporaneous communication with other committee members. (2) A committee member who participates in a committee meeting under a permission under subsection (1) is taken to be present at the meeting.
s 58 32 s 60 Crime Commission Act 1997 ˙ Resolutions without meetings 58.(1) If at least a majority of committee members sign a document containing a statement that they are in favour of a resolution stated in the document, a resolution in those terms is taken to have been passed at a committee meeting held— (a) on the day on which the document is signed; or (b) if the committee members do not sign it on the same day, the day on which the last of the members constituting the majority signs the document. (2) If a resolution is, under subsection (1), taken to have been passed at a committee meeting, each committee member must be advised immediately of the matter and given a copy of the terms of the resolution. (3) For subsection (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by 1 or more committee members, are taken to constitute a single document. ˙ Minutes 59. The committee must keep minutes of its proceedings. PART 4—PARLIAMENTARY COMMISSIONER Division 1—Functions ˙ Functions of parliamentary commissioner for this Act 60. The parliamentary commissioner has the following functions for this Act— (a) to conduct an annual review of intelligence data in the possession of QCC, the police service and the CJC; (b) to review a QCC decision to deny access to the CJC to information, a document or a thing in QCC’s possession;
s 61 33 s 61 Crime Commission Act 1997 (c) to advise the management committee on the results of performing the functions mentioned in paragraph (a) or (b); (d) other functions expressly stated in any provisions of this Act. Division 2—Reviews ˙ Intelligence data review 61.(1) The parliamentary commissioner must conduct an annual review of intelligence data in the possession of QCC, the police service and the CJC (each an “agency” ). (2) The purposes of the review are— (a) to consider whether intelligence data held by each agency is appropriately held by the agency having regard to the agency’s functions; and (b) to consider whether there is unnecessary duplication of intelligence data held by the agencies; and (c) to consider whether the agencies are working cooperatively as partners to achieve optimal use of— (i) available intelligence data; and (ii) the resources used to collect, collate or record the data; and (d) to consider whether an agency is placing inappropriate restrictions on access to intelligence data by other agencies. (3) The parliamentary commissioner must— (a) prepare written advice on the review containing the commissioner’s findings and recommendations; and (b) give the advice to the management committee. (4) The advice must be prepared in general terms in a way that does not disclose intelligence data or other confidential information. (5) The parliamentary commissioner must, when preparing his or her advice, have regard to the need for the investigation of official misconduct to
s 62 34 s 63 Crime Commission Act 1997 be undertaken independently of general law enforcement. 5 (6) The parliamentary commissioner must conduct the first annual review under this section within 12 months of the later of the following days— (a) the day this section commences; (b) the day the first parliamentary commissioner is appointed. (7) Each subsequent review, must be done as soon as practicable after the end of each financial year, and within 4 months after the end of the financial year. ˙ CJC access review 62.(1) This section applies if— (a) the CJC asks QCC for access to information, a document or thing in the possession of QCC relating to official misconduct; and (b) QCC decides to deny access to the information, document or thing; and (c) the parliamentary commissioner is satisfied that the information, document or thing may be relevant to a CJC investigation. (2) The parliamentary commissioner may, at the CJC’s request, review QCC’s decision to deny access. ˙ Parliamentary commissioner to decide whether access to be given 63. The parliamentary commissioner must decide whether the CJC is to be given access, wholly or partly, to the information, document or thing for its investigation. 5 See, for example, the CriminalJusticeAct1989 , section 58(2)(c) (Role and functions).
s 64 35 s 65 Crime Commission Act 1997 Division 3—Powers ˙ Powers—general 64.(1) The parliamentary commissioner has power to do all things necessary or convenient for the performance of his or her functions under this Act. (2) For the performance of his or her functions, the parliamentary commissioner may, by order given to the crime commissioner, require a QCC officer to do 1 or more of the following— (a) produce to the parliamentary commissioner, or allow the parliamentary commissioner unrestricted access to, all records, files and documents in QCC’s possession; (b) give to the parliamentary commissioner all reasonable help in connection with the parliamentary commissioner performing his or her functions. (3) If documents are produced to the parliamentary commissioner under this division, the parliamentary commissioner may keep the documents for the period the parliamentary commissioner considers necessary for the proper performance of the parliamentary commissioner’s functions. (4) While the parliamentary commissioner has possession of a document under subsection (3), the parliamentary commissioner must permit a person who would be entitled to inspect the document if it were in the possession of the commission, to inspect it at all reasonable times. (5) A person to whom an order under subsection (2) is directed must comply with the order. ˙ Powers—intelligence data 65.(1) The parliamentary commissioner may recommend that an agency remove a restriction it has placed on intelligence data in the agency’s possession to allow another agency access to the data. (2) The parliamentary commissioner must advise the management committee of the recommendation.
s 66 36 s 67 Crime Commission Act 1997 (3) In this section— “agency” means QCC, the police service or the CJC. ˙ Powers—CJC access review 66.(1) For section 63, 6 the parliamentary commissioner may, by order, give the CJC access to the information, document or thing mentioned in the section if the parliamentary commissioner is satisfied that— (a) the information, document or thing is relevant to the CJC’s investigation; and (b) access to the information, document or thing will help the CJC in its investigation; and (c) on balance, the benefit in giving access to the information, document or thing outweighs the detriment that may result if access is given; and (d) giving access to the information, document or thing is not otherwise against the public interest. (2) The parliamentary commissioner’s order may authorise access to the information, document or thing subject to conditions, including, for example, a condition on who may have access to the information, document or thing. (3) QCC must comply with an order under subsection (1). (4) The parliamentary commissioner must advise the management committee of the order under subsection (1). Division 4—General ˙ Confidentiality obligations not to apply 67.(1) No obligation to maintain secrecy or other restriction on the disclosure of information, a document or thing in QCC’s possession, whether imposed under this or another Act or by a rule of law, applies to the 6 Section 63 (Parliamentary commissioner to decide whether access to be given)
s 68 37 s 69 Crime Commission Act 1997 disclosure of information, a document or thing under this part to— (a) the parliamentary commissioner; or (b) at the parliamentary commissioner’s order—the CJC. (2) In this section— “disclosure” , of an information, document or thing, includes giving, and giving access to, the information, document or thing. “QCC” includes a QCC officer. ˙ Protection of parliamentary commissioner 68.(1) The parliamentary commissioner is not liable, whether on the ground of want of jurisdiction or on another ground, to any civil or criminal proceeding to which the commissioner would be liable apart from this section for any act done or purportedly done under this part in good faith and without negligence. (2) No civil or criminal proceeding may be brought against the parliamentary commissioner for an act mentioned in subsection (1) without the leave of the Supreme Court. (3) The Supreme Court may give leave under subsection (2) only if satisfied there is substantial ground for claiming that the parliamentary commissioner has not acted in good faith or has acted negligently. (4) The parliamentary commissioner may not be called to give evidence or produce any document or thing in any proceeding, about anything coming to the commissioner’s knowledge while performing functions under this part. PART 5—PUBLIC INTEREST MONITOR ˙ Public interest monitor 69.(1) The Governor in Council may appoint a person (the “public interest monitor” ) to monitor applications for, and the use of, surveillance warrants and covert search warrants.
s 70 38 s 70 Crime Commission Act 1997 (2) The Governor in Council may also appoint as many deputy public interest monitors as the Minister considers necessary. (3) The Governor in Council may, in the appointment, fix the terms and conditions of the appointment. (4) The Public Service Act 1996 does not apply to the appointment of a monitor. (5) A monitor must not be a person who is, or who is a member of, or who is employed in or by or to assist, any of the following— (a) the Commissioner for Children and Young People; (b) QCC; (c) the CJC; (d) the director of public prosecutions; (e) the office of the director of public prosecutions; (f) the police service. ˙ Monitor’s functions 70.(1) The public interest monitor has the functions mentioned in subsection (2) for surveillance warrants and covert search warrants. (2) The functions are— (a) to monitor compliance by QCC with this Act in relation to matters concerning applications for surveillance warrants and covert search warrants; and (b) to appear at any hearing of an application to a Supreme Court judge or a magistrate for a surveillance warrant or covert search warrant, or under section 83(5), to test the validity of the application, and for that purpose at the hearing— (i) present questions for the applicant to answer and examine or cross examine any witness; and (ii) make submissions on the appropriateness of granting the application; and
s 70A 39 Crime Commission Act 1997 s 71 (c) to gather statistical information about the use and effectiveness of surveillance warrants and covert search warrants; and (d) whenever the public interest monitor considers it appropriate—to give to the management committee a report on noncompliance by QCC with this Act. (3) Subject to the direction of the public interest monitor, a deputy public interest monitor has the functions mentioned in subsection (2)(a), (b) and (c). ˙ Acting monitor 70A.(1) The Governor in Council may appoint a person, who is qualified for appointment as the public interest monitor, to act as the public interest monitor— (a) during a vacancy in the office; or (b) during any period, or all periods, when the public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office. (2) The Governor in Council may appoint a person, who is qualified for appointment as a deputy public interest monitor, to act as a deputy public interest monitor— (a) during a vacancy in the office; or (b) during any period, or all periods, when a deputy public interest monitor is absent from duty or from the State or, for another reason, can not perform the duties of the office. ˙ Monitor’s annual report 71.(1) As soon as practicable after the end of each financial year, but within 4 months after the end of the financial year, the public interest monitor must prepare and give to the Minister a written report on the use of surveillance warrants and covert search warrants. (2) The Minister must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report. (3) The annual report must not contain information that—
s 72 40 s 72A Crime Commission Act 1997 (a) discloses or may lead to the disclosure of the identity of any person who has been, is being, or is to be, investigated; or (b) indicates a particular investigation has been, is being, or is to be conducted. (4) The public interest monitor’s report may form part of another annual report the monitor is required to prepare under another Act. ˙ Secrecy 72.(1) A person who is or was a monitor must not record, use or disclose information obtained under this Act and that came to the person’s knowledge because of the person’s involvement in the administration of this Act. Maximum penalty—85 penalty units or 1 year’s imprisonment. (2) Subsection (1) does not apply to a person’s recording, use or disclosure of information in the performance of his or her functions under this Act. (3) A person who is or was a monitor is not in any proceeding compellable to disclose information obtained under this Act and that came to the person’s knowledge because of the person’s involvement in the administration of this Act. ˙ Protection from liability 72A.(1) The public interest monitor or a deputy public interest monitor does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. (2) If subsection (1) prevents a civil liability attaching to the public interest monitor or a deputy public interest monitor, the liability attaches instead to the State.
s 73 41 s 73 Crime Commission Act 1997 PART 6—POWERS Division 1—Units of public administration ˙ Commission member may require information etc. from units of public administration 73.(1) A commission member may, by written notice given to a person holding an appointment in a unit of public administration, require the person to give a stated QCC officer, within the reasonable time and in the way stated in the notice, information stated in the notice that— (a) is in the unit’s possession; and (b) is relevant to an investigation being conducted by QCC. (2) A commission member may, by written notice given to a person holding an appointment in a unit of public administration, require the person— (a) to attend, at a reasonable time and place stated in the notice, before a stated QCC officer; and (b) to produce at the time and place to the officer a document or thing stated in the notice that— (i) relates to the exercise by the unit of its functions; and (ii) is relevant to an investigation being conducted by QCC. (3) The person must not fail to comply with a notice under subsection (1) or (2), unless the person has a reasonable excuse. Maximum penalty for subsection (3)—85 penalty units or 1 year’s imprisonment. (4) If the person claims to the QCC officer to have a reasonable excuse mentioned in subsection (3), the officer must— (a) if satisfied that the claim is justified—inform the person that the requirement will not be insisted on; or (b) otherwise—inform the person that the officer is not satisfied the claim is justified and advise the person that the person may be required to attend before a QCC hearing to establish the
s 74 42 s 74 Crime Commission Act 1997 reasonable excuse. (5) For subsections (3) and (4), a claim of reasonable excuse includes a claim on the grounds of privilege. (6) A failure to comply with a notice under subsection (1) or (2) is excused if a provision of another Act prescribed under a regulation for this subsection excuses it. (7) In this section— “holding an appointment” , in a unit of public administration, means holding an office, place or position in the unit, whether the appointment is by way of election or selection. Division 2—Search warrants generally ˙ Search warrant applications 74.(1) An authorised QCC officer may apply for a warrant to enter and search a place ( “search warrant” ) to obtain evidence of the commission of relevant criminal activity or a major crime being investigated by QCC. (2) The application may be made to a magistrate or Supreme Court judge, unless the application must be made to a Supreme Court judge under subsection (3). (3) The application must be made to a Supreme Court judge if, when entering and searching the place, it is intended to do anything that may cause structural damage to a building. (4) An application under this section must— (a) be sworn and state the grounds on which the warrant is sought; and (b) include information required under a regulation about any warrants issued within the previous year in relation to the place or a person suspected of being involved in the commission of the relevant criminal activity or a major crime to which the application relates. (5) Subsection (4)(b) applies only to—
s 75 43 s 77 Crime Commission Act 1997 (a) information kept in a register that the QCC officer may inspect; and (b) information the officer otherwise actually knows. (6) The magistrate or judge (the “issuer” ) may refuse to consider the application until the QCC officer gives the issuer all the information the issuer requires about the application in the way the issuer requires. Example— The issuer may require additional information supporting the application to be given by statutory declaration. ˙ Issue of search warrant 75. The issuer may issue a search warrant only if satisfied there are reasonable grounds for suspecting evidence of the commission of relevant criminal activity or major crime— (a) is at the place; or (b) is likely to be taken to the place within the next 72 hours. ˙ Order in search warrants about documents 76. The issuer may, in a search warrant, order the person in possession of documents at the place to give to a QCC officer or police officer all documents that are evidence of the commission of the relevant criminal activity or major crime. ˙ When warrant ends 77.(1) A search warrant issued because there are reasonable grounds for suspecting there is evidence of the commission of an offence at a place ends 7 days after it is issued. (2) A search warrant issued because there are reasonable grounds for suspecting evidence of the commission of an offence is likely to be taken to a place within the next 72 hours ends 72 hours after it is issued.
s 77A 44 Crime Commission Act 1997 s 77B ˙ What search warrant must state 77A.(1) A search warrant must state— (a) that a stated QCC officer, all QCC officers, or all police officers, may enter the place and exercise search warrant powers at the place; and (b) if the warrant is issued in relation to— (i) a relevant criminal activity or a major crime—the relevant criminal activity or major crime for which the warrant is issued; or (ii) a forfeiture proceeding—the Act under which the forfeiture proceeding is authorised; and (c) any evidence that may be seized under the warrant; and (d) if the warrant is to be enforced at night, the hours when the place may be entered; and (e) the date and time the warrant ends. (2) If the issuer makes an order under section 76, the warrant must also state that failure, without reasonable excuse, to comply with the order may be dealt with under the Criminal Code, section 205. 7 ˙ Powers under search warrants 77B.(1) An authorised QCC officer or police officer has the following powers under a search warrant ( “search warrant powers” )— (a) power to enter the place stated in the warrant (the “relevant place” ) and to stay on it for the time reasonably necessary to exercise powers authorised under the warrant and this section; (b) power to pass over, through, along or under another place to enter the relevant place; (c) power to search the relevant place for anything sought under the warrant; 7 CriminalCode, section 205 (Disobedience to lawful order issued by statutory authority)
s 77B 45 Crime Commission Act 1997 s 77B (d) power to open anything in the relevant place that is locked; (e) power to detain anyone at the relevant place for the time reasonably necessary to find out if the person has anything sought under the warrant; (f) if the officer reasonably suspects a person on the relevant place has been involved in the commission of the relevant criminal activity or the major crime to which the warrant relates ( “the relevant criminal activity or the major crime” ), power to detain the person for the time taken to search the place; (g) power to dig up land; (h) power to seize a thing found at the relevant place, or on a person found at the relevant place, that the officer reasonably suspects may be evidence of the relevant criminal activity or the major crime; (i) power to muster, hold and inspect any animal the officer reasonably suspects may provide evidence of the relevant criminal activity or the major crime; (j) power to photograph anything the officer reasonably suspects may provide evidence of the commission of the relevant criminal activity or the major crime; (k) power to remove wall or ceiling linings or floors of a building, or panels of a vehicle, to search for evidence of the commission of the relevant criminal activity or the major crime. (2) Also, a QCC officer or police officer has the following powers if authorised under a search warrant— (a) power to search anyone found at the relevant place for anything sought under the warrant that can be concealed on the person; (b) power to do whichever of the following is authorised— (i) to search anyone or anything in or on or about to board, or be put in or on, a vehicle; (ii) to take a vehicle to, and search for evidence of the commission of the relevant criminal activity or the major crime that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle.
s 77C 46 Crime Commission Act 1997 s 77D (3) Power to do anything at the relevant place that may cause structural damage to a building may be exercised only if the warrant— (a) authorises the exercise of the power; and (b) is issued by a Supreme Court judge. ˙ Copy of search warrant to be given to occupier 77C.(1) If a QCC officer or police officer executes a search warrant for a place that is occupied, the officer must— (a) if the occupier of the place is present—give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant; or (b) if the occupier is not present—leave the copy in a conspicuous place. (2) If the officer reasonably suspects giving the person the copy may frustrate or otherwise hinder the investigation or another investigation, the officer may delay complying with subsection (1), but only for so long as— (a) the officer continues to have the reasonable suspicion; and (b) that officer or another officer involved in the investigation remains in the vicinity of the place to keep the place under observation. ˙ Search to prevent loss of evidence 77D.(1) This section applies if an authorised QCC officer reasonably suspects— (a) a thing at or about a place, or in the possession of a person at or about a place is evidence of relevant criminal activity or a major crime being investigated by QCC; and (b) the evidence may be concealed or destroyed unless the place is immediately entered and searched. (2) An authorised QCC officer may enter the place and exercise search warrant powers, other than power to do something that may cause structural damage to a building, at the place as if they were conferred under a search warrant.
s 77E 47 Crime Commission Act 1997 s 77G ˙ Post-search approval 77E.(1) As soon as reasonably practicable after exercising powers under section 77D, the authorised QCC officer must apply to a magistrate in writing for an order approving the search ( “post-search approval order” ). (2) The application must be sworn and state the grounds on which it is sought. (3) The applicant need not appear at the consideration of the application, unless the magistrate otherwise requires. (4) The magistrate may refuse to consider the application until the authorised QCC officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application to be given by statutory declaration. ˙ Making of post-search approval order 77F.(1) The magistrate may make a post-search approval order only if satisfied— (a) in the circumstances existing before the search— (i) the QCC officer, before exercising the powers, had a reasonable suspicion for exercising the powers; and (ii) there was a reasonable likelihood that the evidence would be concealed or destroyed; or (b) having regard to the nature of the evidence found during the search it is in the public interest to make the order. (2) The magistrate may also make an order under section 78, whether or not a post-search approval order is made. ˙ Appeal 77G.(1) Within 28 days after either of the following happens, the authorised QCC officer may appeal against the order to the Supreme Court—
s 77H 48 Crime Commission Act 1997 s 77H (a) a magistrate refuses to make a post-search approval order; (b) a magistrate makes an order under section 77F(2). (2) If the authorised QCC officer appeals, the officer must retain the thing seized until the appeal is decided. (3) The court may make an order under section 78, whether or not the appeal is upheld. ˙ Limitations on search of persons 77H.(1) This section applies to a lawful search of a person under this Act or a warrant. (2) An authorised QCC officer or police officer may require the person to remove items of clothing. (3) However, if it is necessary for the person to remove all clothing other than underwear, or all clothing, the search must be conducted in a place providing reasonable privacy for the person. (4) Unless an immediate search is necessary, the person conducting the search must be either— (a) an authorised QCC officer or police officer of the same sex as the person to be searched; or (b) if there is no authorised QCC officer or police officer of the same sex available to search the person—someone else acting at the direction of an authorised QCC officer or police officer and of the same sex as the person to be searched; or (c) a doctor acting at the direction of an authorised QCC officer or police officer. Example— An immediate search by a person of the opposite sex may be necessary because the person searched may have a concealed firearm. (5) If the authorised QCC officer or police officer seizes clothing because of the search, the officer must ensure the person is left with or given reasonably appropriate clothing. (6) Also, if it is impracticable to search for a thing that may be concealed on a person where the person is, the authorised QCC officer or police
s 77I 49 Crime Commission Act 1997 s 77J officer may take the person to a place with adequate facilities for conducting the search. (7) Before taking a person to another place for a search because it is impracticable to search for a thing that may be concealed on the person where the person is, the QCC officer or police officer must consider the following— (a) whether the thing sought may be concealed on the person; (b) whether, for an effective search, the search should be conducted somewhere else; (c) the need to protect the dignity of the person. ˙ Supplying officer’s details 77I.(1) This section applies if a QCC officer or police officer— (a) searches a place under a warrant under this division; or (b) seizes any property under a warrant under this division. (2) The officer must, as soon as is reasonably practicable, inform the person the subject of the power of the following— (a) the fact that the officer is a QCC officer or police officer; (b) the officer’s name; and (c) if the QCC officer is a police officer—his or her rank and station. (3) If the officer is not a police officer in uniform, the officer must also produce for inspection his or her identity card. (4) If 2 or more officers are searching a place, only the officer in charge of the search is required to comply with subsections (2) and (3), unless a person asks another officer for the information. ˙ Receipt for seized property 77J.(1) If a QCC officer or police officer seizes anything under a warrant, the officer must, as soon as is reasonably practicable after seizing the thing— (a) if the person from whom it is seized is present—give or cause to be given to the person a receipt for the thing; or
s 114 89 Crime Commission Act 1997 s 115 (2) A lawyer or other person when appearing for someone at a QCC hearing has the same protection and immunity as a barrister appearing for a party in a proceeding in the Supreme Court. (3) A person required to attend or appearing at a QCC hearing as a witness has the same protection as a witness in a proceeding in the Supreme Court. (4) No criminal or civil liability, other than liability under this Act, attaches to a person for compliance, or purported compliance in good faith, with a requirement made under this Act. (5) In particular, if a person produces a document or thing under a notice to produce, no civil liability attaches to the person for producing the document or thing, whether that liability would arise under a contract or otherwise. ˙ Contempt of commission member 114. A person is in contempt of a commission member if the person— (a) insults the member while the member is conducting a QCC hearing; or (b) deliberately interrupts the hearing; or (c) at the hearing contravenes a provision of this Act relating to the hearing; or (d) creates or continues or joins in creating or continuing, a disturbance in or near a place where the member is conducting the hearing; or (e) does anything at the hearing or otherwise that would be contempt of court if the member were a judge acting judicially. ˙ Punishment of contempt 115.(1) A person’s contempt of a commission member conducting a QCC hearing may be punished under this section. (2) The presiding member for the hearing may certify the contempt in writing to the Supreme Court (the “court” ).
s 116 90 Crime Commission Act 1997 s 116 (3) For subsection (2), it is enough for the presiding member to be satisfied that there is evidence of contempt. (4) The presiding member may issue a warrant directed to a police officer or all police officers for the arrest of the person to be brought before the Supreme Court to be dealt with according to law. (5) The Bail Act 1980 applies to the proceeding for the contempt started by the certification in the same way it applies to a charge of an offence. (6) The court must inquire into the alleged contempt. (7) The court must hear— (a) witnesses and evidence that may be produced against or for the person whose contempt was certified; and (b) any statement given by the person in defence. (8) If the court is satisfied the person has committed the contempt, the court may punish the person as if the person had committed the contempt in relation to proceedings in the court. (9) The Rules of the Supreme Court apply to the court’s investigation, hearing and power to punish with all necessary changes. (10) The presiding member’s certificate of contempt is evidence of the matters contained in the certificate. (11) The person is not excused from attending before a QCC hearing in obedience to an attendance notice merely because the person is punished or liable to punishment under this section for contempt of the commission member. ˙ Conduct that is contempt and offence 116.(1) If conduct of an offender is both contempt of a commission member and an offence, the offender may be proceeded against for the contempt or for the offence, but the offender is not liable to be punished twice for the same conduct. (2) In this section— “offender” means a person guilty, or alleged to be guilty, of contempt of a commission member.
s 117 91 Crime Commission Act 1997 s 119 ˙ Allowances for witness 117.(1) A person attending a QCC hearing under an attendance notice, or otherwise as a witness at the request of QCC, is entitled to be paid the allowances and expenses payable to a person appearing as a witness in a hearing before a Magistrates Court. (2) The allowances and expenses are payable by QCC. ˙ Legal assistance 118.(1) This section applies to a person who has been given a notice to attend a QCC hearing or who wishes to appeal, or has appealed, to the Supreme Court under section 109. 18 (2) The person may apply to the Attorney-General for financial assistance to enable the person to obtain legal services in connection with the hearing or appeal. (3) The Attorney-General may approve the assistance if the Attorney-General considers— (a) a person may suffer substantial hardship if assistance is not given; or (b) in the particular circumstances, assistance should be given. (4) The Attorney-General may decide the level of assistance and the conditions on which it is to be provided. (5) The cost of the financial assistance must be met by QCC. PART 8—OFFENCES ˙ Disclosures about QCC notices 119.(1) A person must not disclose any information contained in a QCC notice if the notice states the information must not be disclosed. 18 Section 109 (Appeals to Supreme Court)
s 119 92 Crime Commission Act 1997 s 119 Maximum penalty—85 penalty units or 1 year’s imprisonment. (2) Subsection (1) applies to the recipient or any person who has knowledge of the notice and the prohibition on disclosure mentioned in the subsection. (3) A person does not contravene subsection (1) if— (a) the disclosure is made— (i) for the purpose of defending a charge of an offence and is relevant to the defence; and (ii) to a person charged with the offence or the charged person’s lawyer; or (b) the disclosure is made for the purpose of— (i) obtaining information from any person in compliance with the notice, if that person is advised by the discloser of any prohibition on disclosure stated in the QCC notice; or (ii) making a submission to the management committee about the conduct of QCC’s investigation. (4) Also, a person does not contravene subsection (1) by disclosing the identity of the recipient if— (a) the person is the recipient or the disclosure is made by a person with the recipient’s implied or express consent; or (b) the recipient’s identity has been made generally known by the recipient or by QCC. (5) In this section— “information contained in a QCC notice” means— (a) the recipient’s identity; or (b) a statement in the notice identifying— (i) information, a document or thing, or an answer, the recipient is or may be required to give or produce in compliance with the notice; or (ii) the purpose of the notice or the investigation to which it relates. “QCC notice” means—
s 120 93 Crime Commission Act 1997 s 121 (a) a notice under section 73; 19 or (b) a notice to produce; or (c) an attendance notice. “recipient” means the person to whom the QCC notice is given by QCC. ˙ False or misleading statements or documents 120.(1) This section applies in relation to the performance of a function, or exercise of a power, by QCC or a QCC officer. (2) A person must not state anything to QCC or a QCC officer that the person knows is false or misleading in a material particular. Maximum penalty for subsection (2)—85 penalty units or 1 year’s imprisonment. (3) A person must not give QCC or a QCC officer a document containing information the person knows is false or misleading in a material particular. Maximum penalty for subsection (3)—85 penalty units or 1 year’s imprisonment. (4) Subsection (3) does not apply to a person who, when giving the document— (a) informs QCC or the QCC officer, to the best of the person’s ability, how it is false or misleading; and (b) gives the correct information to QCC or the QCC officer if the person has, or can reasonably obtain, the correct information. (5) It is enough for a complaint for an offence against subsection (2) or (3) to state the information or document was “false or misleading” to the person’s knowledge, without specifying which. ˙ Obstruction of QCC etc. 121.(1) A person must not obstruct QCC or a QCC officer in the 19 Section 73 (Commission member may require information etc. from units of public administration)
s 122 94 Crime Commission Act 1997 s 123 performance of a function or the exercise of a power, unless the person has a reasonable excuse. Maximum penalty—85 penalty units or 1 year’s imprisonment. (2) In this section— “obstruct” includes the following— (a) hinder; (b) resist; (c) attempt to obstruct. ˙ Injury or detriment to witness etc. 122.(1) A person must not injure, or threaten to injure, or cause or threaten to cause detriment of any kind to, someone else because that other person, or any other person, or because he or she suspects that the other person or any other person— (a) attended as a witness before a QCC hearing; or (b) gave evidence, or is about to give evidence, before a QCC hearing; or (c) complied with, or is about to comply with, a notice under section 73, 20 a notice to produce or attendance notice. Maximum penalty—3 years imprisonment. (2) An offence against subsection (1) is a misdemeanour. ˙ Pretending to be a QCC officer 123. A person must not pretend to be a QCC officer. Maximum penalty—85 penalty units or 1 year’s imprisonment. 20 Section 73 (Commission member may require information etc. from units of public administration)
s 124 95 Crime Commission Act 1997 s 125 ˙ Indictable and summary offences 124. An offence against this Act, other than against section 122, is a summary offence. ˙ Proceedings for indictable offence 125.(1) A proceeding for an offence against section 122 may be taken, at the prosecution’s election— (a) by way of summary proceedings under the Justices Act 1886 ; or (b) on indictment. (2) A magistrate must not hear the offence summarily if— (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or (b) the magistrate considers that the charge should be prosecuted on indictment. (3) If subsection (2) applies— (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and (b) a plea of the person charged at the start of the proceeding must be disregarded; and (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the JusticesAct 1886 , section 104(2)(b). 21 21 Justices Act 1886 , section 104 (Proceedings upon an examination of witnesses in relation to an indictable offence)
s 126 96 Crime Commission Act 1997 s 126 PART 9—GENERAL ˙ Secrecy 126.(1) This section applies to— (a) a QCC officer; and (b) a member of the management committee; and (c) a person to whom information is given either by QCC or by a person mentioned in paragraph (a) or (b) on the understanding, express or implied, that the information is confidential. (2) A person must not make a record of, or wilfully disclose, information that has come to the person’s knowledge because the person is or was a person to whom this section applies. Maximum penalty for subsection (2)—85 penalty units or 1 year’s imprisonment. (3) However, a person does not contravene subsection (2) if— (a) in the case of a record—the record is made for the purposes of QCC, this Act or an investigation of an alleged contravention of this section; or (b) in the case of a disclosure—the disclosure is made— (i) for the purposes of QCC, this Act or an investigation of an alleged contravention of this section; or (ii) at the direction of the parliamentary commissioner under part 4. (4) A person may not be required to produce in any court a document that has come into the person’s possession, or to disclose to any court a matter or thing that has come to the person’s notice, because the person is or was a person to whom this section applies, unless— (a) QCC, or a commission member in the member’s official capacity, is a party to the relevant proceeding; or (b) it is necessary to produce the document or disclose the matter or thing— (i) to give effect to this Act; or
s 127 97 Crime Commission Act 1997 s 128 (ii) for a prosecution started as a result of an investigation. (5) In this section— “court” includes a tribunal, authority or person having power to require the production of documents or the answering of questions. “produce” includes permit access to. ˙ Protecting officials from liability 127.(1) In this section— “official” means— (a) a QCC officer; or (b) a person acting under the direction of a QCC officer. (2) QCC or an official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act. (3) If subsection (2) prevents a civil liability attaching to QCC or an official, the liability attaches instead to the State. (4) This section does not limit protection given to a person under another provision of this Act. ˙ Protection of witnesses etc. 128.(1) This section applies if it appears to QCC the safety of a person may be at risk or the person may be subject to intimidation or harassment because the person— (a) is helping or has helped QCC in the performance of its functions; or (b) is to attend, is attending or has attended at a QCC hearing to give evidence or to produce a document or thing; or (c) proposes to produce or has produced a document or thing to QCC otherwise than at a QCC hearing. (2) QCC must, with the person’s consent, ask the CJC to provide witness protection for the person under the Witness Protection Act 2000 .
s 129 98 Crime Commission Act 1997 s 132 ˙ Record of execution of warrant 129. A QCC officer who executes a warrant must, if reasonably practicable, write the following on the back of the original warrant or form of warrant and sign the document— (a) the date and time of execution; (b) the name of the person on whom it was executed; (c) if supplied—the name of the occupier of the place; and (d) his or her name, and if the QCC officer is a police officer, his or her rank and registered number. ˙ Regulation-making power 130. The Governor in Council may make regulations under this Act. ˙ Expiry 131. This Act expires 5 years after the date of assent. PART 10—TRANSITIONAL PROVISIONS ˙ Audit of investigations 132.(1) This section applies to any matter relating to relevant criminal activity or major crime that, as at the commencement of section 136(2) 22 has been investigated, is to be investigated, or is being considered for investigation, or intended to be considered for investigation, by the CJC. (2) This section does not apply to any matter relating to official misconduct. (3) The management committee has the function of deciding whether each current matter should be referred for investigation or continued investigation to— 22 Section 136 (Amendment of s 23 (Responsibilities))
s 132 99 Crime Commission Act 1997 s 132 (a) the police commissioner; or (b) QCC; or (c) another law enforcement agency. (4) The management committee has all necessary and convenient power to perform its function under subsection (3). (5) The chairperson of the CJC must brief the management committee about each current matter to enable the management committee to perform its function under subsection (3). (6) The chairperson of the CJC may recommend to the management committee the entity the chairperson considers most appropriate to undertake or continue the investigation. (7) The management committee may also ask the parliamentary commissioner to consider a particular current matter and recommend the entity the commissioner considers most appropriate to undertake or continue the investigation. (8) If the management committee decides to refer an investigation the CJC must give the entity to which the investigation is referred a full briefing on the investigation and the further help the entity reasonably requires to undertake or continue the investigation. (9) The management committee may perform its function under subsection (3) before or after the commencement of section 136(2).
100 Crime Commission Act 1997 ¡ SCHEDULE DICTIONARY section 5 “appointed member” of the Queensland Crime Commission management committee, see section 39(1)(h). “arrest warrant” see section 97(1). “assistant crime commissioner” see sections 13 and 14. “attendance notice” see section 95. “authorised QCC officer” see section 36. “boat” includes a ship or other vessel of any size or type and however propelled or moved, including, for example, a rowing boat, hovercraft and a submersible vessel. “CJC” means the criminal justice commission. “class A device” means— (a) a surveillance device installed— (i) in a private place, or on a person’s clothing, without the person’s consent; or (ii) if the device is a listening device, in a public place; or (b) a surveillance device that is a combination of a listening device and a tracking device. “class B device” means a tracking device installed in or on a vehicle or other moveable object without covert entry to a building by the person installing it. “commission member” means the crime commissioner or an assistant crime commissioner. “committee” means the management committee. “covert search warrant” see section 91O.
101 Crime Commission Act 1997 SCHEDULE (continued) “crime commissioner” see sections 13 and 14. “criminal paedophilia” see section 6. “declared law enforcement agency” means an entity declared to be a law enforcement agency under a regulation. “dwelling” — 1. A “dwelling” includes a building or other structure, or part of a building or other structure, kept by the owner or occupier (the “owner” ) as a residence for the owner, a member of the owner’s family or an employee of the owner. 2. In deciding whether a building or other structure is a dwelling, it is immaterial that the building or other structure is from time to time uninhabited. 3. A building or other structure adjacent to, and occupied with, a dwelling is part of the dwelling if it is connected to the dwelling, whether directly or by a covered and enclosed passage leading from the one to the other, but not otherwise. 4. A “dwelling” also includes a boat (other than an external deck of the boat) used or kept as a residence for the owner, a member of the owner’s family or an employee of the owner. “enter” a place, includes re-enter the place. “evidence of the commission of a relevant criminal activity or a major crime” , includes— (a) a thing or activity that is or may provide evidence of the relevant criminal activity or the major crime; and (b) a thing that will, itself or by or on scientific examination, provide evidence of the commission of the relevant criminal activity or the major crime; and (c) a thing that is intended to be used for the purpose of committing the relevant criminal activity or the major crime; and (d) a thing that may be liable to forfeiture or may be used in evidence for a forfeiture proceeding.
102 Crime Commission Act 1997 SCHEDULE (continued) “forfeiture proceeding” means a proceeding for the forfeiture or restraint of property under the Crimes (Confiscation) Act 1989 or another Act. “listening device” means any instrument, apparatus, equipment or device capable of being used to overhear, record, monitor or listen to a private conversation simultaneously with its taking place. “major crime” see section 7. “management committee” means the Queensland Crime Commission Management Committee established under section 38. “monitor” means— (a) the public interest monitor appointed under section 69(1); or (b) a deputy public interest monitor appointed under section 69(2). “national crime authority” means the national crime authority established under the National Crime Authority Act 1984 (Cwlth). “notice to produce” see section 93. “obscene material” , depicting children, includes— (a) a child abuse computer game under the ClassificationofComputer Games and Images Act 1995 ; and (b) a child abuse publication or child abuse photograph under the Classification of Publications Act 1991 ; and (c) a child abuse film under the Classification of Films Act 1991 . “official misconduct” see the CriminalJusticeAct1989 , sections 31 and 32. 23 “parliamentary commissioner” means the Parliamentary Criminal Justice Commissioner appointed under the Criminal Justice Act 1989 . “parliamentary committee” means the criminal justice committee of the Legislative Assembly. “photograph” includes photocopy, videotape and record an image. 23 CriminalJusticeAct1989 , sections 31 (Official misconduct) and 32 (General nature of official misconduct)
103 Crime Commission Act 1997 SCHEDULE (continued) “place” includes— (a) premises; and (b) vacant land; and (c) a vehicle; and (d) a place in Queensland waters; and (e) a place held under 2 or more titles or owners. “police commissioner” means the commissioner of the police service. “police service” means the Queensland Police Service. “police task force” means a task force under the authority of the police commissioner. “possession” includes the following— (a) custody; (b) control. “premises” includes— (a) a building or structure, or part of a building or structure, of any type; and (b) a group of buildings or structures, or part of a group of buildings or structures, of any type; and (c) the land or water where a building or structure, or a group of buildings or structures, is situated; and (d) a vehicle and a caravan; and (e) a tent or cave; and (f) premises held under 2 or more titles or owners. “presiding member” , for a QCC hearing, see section 100(3) and(4). “private conversation” means any words spoken by one person to another person in circumstances that indicate— (a) that those persons desire the words to be heard or listened to only by themselves; or
104 Crime Commission Act 1997 SCHEDULE (continued) (b) that indicate that either of those persons desires the words to be heard or listened to only by themselves and by some other person; but does not include words spoken by one person to another person in circumstances in which either of those persons ought reasonably to expect the words may be overheard, recorded, monitored or listened to by some other person, not being a person who has the consent, express or implied, of either of those persons to do so. “privilege” , in relation to an answer, information, communication or document, or thing means privilege recognised at law on the ground of— (a) self-incrimination; or (b) legal professional privilege; and includes a claim, recognised at law, that giving the answer, or disclosing the communication or document, would be a breach of a statutory or commercial obligation or restriction to maintain secrecy. “public prosecutor” means the director, deputy director, or another lawyer appointed under the Director of Public Prosecutions Act 1984 . “Queensland crime commission” means the Queensland Crime Commission established under section 11. “QCC” means the Queensland crime commission. “QCC agent” see section 26. “QCC hearing” means a hearing under this Act conducted by a commission member. “QCC officer” means— (a) a commission member; or (b) a person employed or made available under section 25; or (c) a person engaged under section 26; or (d) a police officer who is a member of a police task force established under section 30. “relevant criminal activity” see section 9.
105 Crime Commission Act 1997 SCHEDULE (continued) “relevant person” — (a) in relation to an application to a judge for a surveillance warrant—see section 83; and (b) in relation to an application to a magistrate for a surveillance warrant—see section 91F; and (c) in relation to an application to a judge for a covert search warrant—see section 91B. “search warrant” see section 74. “surveillance device” includes— (a) a listening device; and (b) a visual surveillance device; and (c) a tracking device; and (d) a device containing any combination of the devices mentioned in paragraphs (a), (b) and (c). “surveillance warrant” — (a) for a surveillance warrant authorising the use of a class A or class B surveillance device or both—see section 82(2); or (b) for a surveillance warrant authorising the use of a class B surveillance device—see section 91E(2). “unit of public administration” means— (a) the Criminal Justice Commission; or (b) a unit of public administration under the CriminalJusticeAct1989 , section 3. “vehicle” includes aircraft and boat. “warrant register” see section 92.
106 Crime Commission Act 1997 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 16 March 2001. Future amendments of the Crime Commission Act 1997 may be made in accordance with this reprint under the Reprints Act 1992, section 49. 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev = = = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted original page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR = = = = = = = = = = = = = = = SL = sub = unnum = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 Statutory InstrumentsRegulation 1992 subordinate legislation substituted unnumbered
107 Crime Commission Act 1997 ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 19 of 1998 7 April 1998 1A to Act No. 22 of 1999 26 October 1999 2 to Act No. 5 of 2000 7 July 2000 2A to Act No. 60 of 2000 9 February 2001 ´ 5 List of legislation Crime Commission Act 1997 No. 68 date of assent 1 December 1997 ss 1–2 commenced on date of assent ss 3–59, 69–72, 126–132 commenced 2 March 1998 (1998 SL No. 16) remaining provisions commenced 3 April 1998 (1998 SL No. 70) exp 1 December 2002 (see s 131) as amended by— Police and Other Legislation (Miscellaneous Provisions) Act 1998 No. 19 ss 1–2 pt 8 s 72 sch date of assent 26 March 1998 commenced on date of assent PolicePowersandResponsibilitiesandOtherActs(Registers)AmendmentAct1999 No. 22 ss 1–2, 3(2) sch date of assent 30 April 1999 ss 1–2 commenced on date of assent remaining provisions commenced 11 June 1999 (1999 SL No. 106) Police Powers and Responsibilities Act 2000 No. 5 ss 1–2(1) ch 12 pt 3 date of assent 23 March 2000 ss 1–2 commenced on date of assent remaining provisions commenced 1 July 2000 (see s 2(1)) Witness Protection Act 2000 No. 56 ss 1–2, 52 sch 1 date of assent 17 November 2000 ss 1–2 commenced on date of assent remaining provisions commenced 9 March 2001 (2001 SL No. 7) Commission for Children and Young People Act 2000 No. 60 ss 1–2, 175 sch 3 date of assent 24 November 2000 ss 1–2 commenced on date of assent remaining provisions commenced 2 February 2001 (2001 SL No. 1)
108 Crime Commission Act 1997 ´ 6 List of annotations Delegation s 35 amd 1999 No. 22 s 3(2) sch Membership of management committee s 39 amd 2000 No. 60 s 175 sch 3 Public interest monitor s 69 amd 2000 No. 60 s 175 sch 3 Acting monitor s 70A ins 1998 No. 19 s 73 Protection from liability s 72A ins 1998 No. 19 s 74 Search warrant applications s 74 sub 2000 No. 5 s 387 Issue of search warrant s 75 sub 2000 No. 5 s 387 Order in search warrants about documents s 76 sub 2000 No. 5 s 387 When warrant ends s 77 sub 2000 No. 5 s 387 What search warrant must state s 77A ins 2000 No. 5 s 387 Powers under search warrants s 77B ins 2000 No. 5 s 387 Copy of search warrant to be given to occupier s 77C ins 2000 No. 5 s 387 Search to prevent loss of evidence s 77D ins 2000 No. 5 s 387 Post-search approval s 77E ins 2000 No. 5 s 387 Making of post-search approval order s 77F ins 2000 No. 5 s 387 Appeal s 77G ins 2000 No. 5 s 387 Limitations on search of persons s 77H ins 2000 No. 5 s 387 Supplying officer’s details s 77I ins 2000 No. 5 s 387
109 Crime Commission Act 1997 Receipt for seized property s 77J ins 2000 No. 5 s 387 Requirements after property is seized s 78 amd 1998 No. 19 s 75 Right to inspect seized documents s 79 sub 2000 No. 5 s 388 Division 3—Non-application of certain Acts div hdg sub 2000 No. 5 s 389 Certain Acts do not apply to divs 3A-3E prov hdg amd 2000 No. 5 s 390(1) s 81 amd 2000 No. 5 s 390(2) Division 3A—Use of surveillance devices under warrant of Supreme Court judge div hdg ins 2000 No. 5 s 391 Surveillance warrant applications s 82 amd 1998 No. 19 s 76 sub 2000 No. 5 s 391 Who may be present at consideration of application for surveillance warrant s 83 sub 2000 No. 5 s 391 Consideration of application for surveillance warrant s 84 amd 1998 No. 19 s 77 sub 2000 No. 5 s 391 Issue of surveillance warrant s 85 sub 2000 No. 5 s 391 What surveillance warrant must state s 86 sub 2000 No. 5 s 391 Report on use of surveillance devices s 87 sub 2000 No. 5 s 391 Duration and extension of surveillance warrants s 88 sub 2000 No. 5 s 391 Power under surveillance warrants s 89 sub 2000 No. 5 s 391 Division 3B—Emergency use of surveillance devices div hdg ins 2000 No. 5 s 391 Emergency use of surveillance devices s 90 sub 2000 No. 5 s 391 Application for approval of emergency use of surveillance device s 91 sub 2000 No. 5 s 391 Who may be present at consideration of application s 91A ins 2000 No. 5 s 391
110 Crime Commission Act 1997 Consideration of application s 91B ins 2000 No. 5 s 391 Judge may approve emergency use of powers s 91C ins 2000 No. 5 s 391 Use of evidence and information s 91D ins 2000 No. 5 s 391 Division 3C—Use of surveillance devices under magistrates warrant div 3C (ss 91E-91K) ins 2000 No. 5 s 391 Division 3D—Other provisions about surveillance devices div 3D (ss 91L-91N) ins 2000 No. 5 s 391 Division 3E—Covert searches div 3E (ss 91O-91W) ins 2000 No. 5 s 391 Register of warrants, warrant applications etc. prov hdg amd 2000 No. 5 s 392(1) s 92 amd 1999 No. 22 s 3(2) sch; 2000 No. 5 s 392(2)–(6) QCC’s powers generally s 98 amd 1999 No. 22 s 3(2) sch PART 8—OFFENCES pt hdg (prev pt 9 hdg) renum 1998 No. 19 s 72 sch PART 9—GENERAL pt hdg (prev pt 10 hdg) renum 1998 No. 19 s 72 sch Protection of witnesses etc. s 128 amd 2000 No. 56 s 52 sch 1 PART 10—TRANSITIONAL PROVISIONS pt hdg (prev pt 11 hdg) renum 1998 No. 19 s 72 sch PART 11—AMENDMENT OF CRIMINAL JUSTICE ACT 1989 pt hdg (prev pt 12 hdg) renum 1998 No. 19 s 72 sch om R1 (see RA s 40) Act amended in pt 11 prov hdg amd 1998 No. 19 s 72 sch s 133 om R1 (see RA s 40) Amendment of s 2 (Objects of Act) s 134 om R1 (see RA s 40) Amendment of s 3 (Definitions) s 135 om R1 (see RA s 40) Amendment of s 23 (Responsibilities) s 136 om R1 (see RA s 40) Amendment of s 29 (Role and functions) s 137 om R1 (see RA s 40)
111 Crime Commission Act 1997 Amendment of s 56 (Role and functions) s 138 om R1 (see RA s 40) Amendment of s 58 (Role and functions) s 139 om R1 (see RA s 40) Amendment of s 140 (Authority to use listening devices) s 140 om R1 (see RA s 40) Insertion of new pt 3, div 1A s 141 om R1 (see RA s 40) Amendment of s 88 (Publication of evidence) s 142 om R1 (see RA s 40) Amendment of s 123 (Application pursuant to s 82) s 143 om R1 (see RA s 40) PART 12—AMENDMENT OF JUDICIAL REVIEW ACT 1991 pt hdg (prev pt 13 hdg) renum 1998 No. 19 s 72 sch om R1 (see RA s 40) Act amended in pt 12 prov hdg amd 1998 No. 19 s 72 sch s 144 om R1 (see RA s 40) Amendment of sch 2 (Decisions for which reasons need not be given) s 145 om R1 (see RA s 40) PART 13—AMENDMENT OF PUBLIC SERVICE ACT 1996 pt hdg (prev pt 14 hdg) renum 1998 No. 19 s 72 sch om R1 (see RA s 40) Act amended in pt 13 prov hdg amd 1998 No. 19 s 72 sch s 146 om R1 (see RA s 40) Amendment of s 109 (Who is a “term appointee”) s 147 om R1 (see RA s 40) PART 14—AMENDMENT OF CRIMINAL JUSTICE AMENDMENT ACT 1997 pt hdg (prev pt 15 hdg) renum 1998 No. 19 s 72 sch om R1 (see RA s 40) LEGISLATIONAct amended in pt 14 prov hdg amd 1998 No. 19 s 72 sch s 148 om R1 (see RA s 40) Amendment of s 41 (Insertion of new ss 118A to 118F and new pt 4A) s 149 om R1 (see RA s 40) SCHEDULE—DICTIONARY def “class A device” sub 2000 No. 5 s 393(1) def “class B device” amd 2000 No. 5 s 393(2) def “covert search warrant” amd 2000 No. 5 s 393(3) def “photograph” amd 2000 No. 5 s 393(4)
112 Crime Commission Act 1997 def “relevant person” ins 2000 No. 5 s 393(5) def “surveillance warrant” sub 2000 No. 5 s 393(6) © State of Queensland 2001
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