Police Act Amendment Act 1987 (Qld)

144 (1ueex tgIanb ANNO TRICESIMO SEXTO ELIZABETI_IAE SECUNDAE REGINAE N o. 13of1987 An Act to amend the Police Act 1937-1985 in certain particulars [ASSENTED TO 15TH APRIL, 1987]

Police Act Amendment Act 1987 , No. 13 145 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Police Act Amendment Act 1987. (2) In this Act the Police Act 1937-1985 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Police Act 1937-1987. 2. Amendment of s. 7. Assistant Commissioners . Section 7 of the Principal Act is amended in subsection (1) by omitting the words "Not more than five Assistant Commissioners shall hold office at the same time.". 3. Amendment of s. 68. Commissioner deemed to be owner. Section 68 of the Principal Act is amended by omitting subsection (3) and substituting the following subsection:- "(3) In legal proceedings of any kind, (including proceedings before an Appeal Board referred to in Part VI and summary investigations conducted pursuant to this Act) an allegation in the complaint or like document by means of which the proceedings are initiated, that any building, paddock, yard or reserve is a Police establishment or that- (a) anything (whether animate or inanimate)- (i) is not the private property of a member of the Police Force; (ii) is appropriated to the use of members of the Police Force at a Police establishment; or is used by a member of the Police Force for the time being attached to, in residence in or present at a Police establishment; or (b) the Commissioner has not consented to the act or breach of duty specified therein in relation to anything referred to in paragraph (a), shall be evidence, and in the absence of evidence to the contrary, conclusive evidence of the matters alleged.". 4. Amendment of s. 69B . Liability for torts of the Police Force. Section 69B of the Principal Act is amended by- (a) renumbering subsection (1) as subsection (1A) and immediately preceeding that subsection inserting the following subsection:- "(1) The Crown or a member of the Police Force shall not be liable for a tort committed by a member of the Police Force in the course of rendering assistance directly or indirectly to a person suffering or apparently suffering from an illness or injury

146 Police Act Amendment Act 1987, No. 13 in circumstances which in the member's opinion ( formed on reasonable grounds ) constitutes an emergency if the member acts in good faith and without gross negligence."; (b) in subsection ( IA) omitting the word "subsection " and substituting the words " subsections 1 and "; (c) in subsection ( 3) omitting the expression "( 1)" and substituting the expression "(IA)"; (d) in subsection ( 6) omitting the expression "(1)" and substituting the expression "(IA)".