Police Act and Another Act Amendment Act 1970 (Qld)

467 ANNO NONODECIMO ELIZABETHAE SECUNDAE REGINAE No. 36 of 1970 An Act to Amend The Police Acts 1937 to 1964 and the PoliceSuperannuationAct1968 , in certain particulars [ASSENTED TO 18TH DECEMBER, 1970] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- PART I-PRELIMINARY 1. Short title. This Act may be cited as the Police Act and Another Act Amendment Act 1970. 2. Commencement . (1) Sections 1, 2, 3, 4 and 5, subsections (2), (4) and (6) of section 6, section 7, subsection (2) of section 12, subsection (2) of section 13, subsection (2) of section 15, section 16, subsection (2) of section 17, section 18, subsections (2) and (5) of section 19, sections 20 and 21, subsection (2) of section 22, section 23, subsections (2), (5), (7) and (9) of section 24 of this Act shall come into operation on the day on which the Act is assented to by, or for and on behalf of, Her Majesty. (2) Save as is otherwise expressly provided in this Act the several provisions of this Act shall come into operation on a day or the respective days to be fixed by Proclamation or successive Proclamations of the Governor in Council published in the Gazette.

468 Police Act and Another Act Amendment Act 1970, No. 36 3. Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART II-AMENDMENTS OF THE POLICE ACTS 1937 TO 1964; PART III-AMENDMENTS OF THE POLICE SUPERANNUATION ACT 1968. PART 1f AMENDMENTS OF THE POLICE ACTS 1937 TO 1964 4. Citation . (1) In this Part, The Police Act of 1937 as amended from time to time is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Police Act 1937-1970. 5. Amendment of s. 2 - Parts of Act. Section 2 of the Principal Act is amended by omitting the words " SUPERANNUATION FUND " and inserting in their stead the word " RETIREMENT ". 6. Amendment of s. 4 - Interpretation . (1) Section 4 of the Principal Act is amended by in the definition of " Member of the Police Force "- (a) inserting after the words " Deputy Commissioner," the words " every Assistant Commissioner, the Commissioner's Inspector,"; and (b) omitting the words " the Commissioner's Inspector and " where those words occur after the words " every inspector (including ". (2) Subsection (1) of this section shall come into operation on the day on which section 10 of this Act comes into operation. (3) Section 4 of the Principal Act is amended by in the definition of " Member of the Police Force "- (a) inserting after the word " every " the words " superintendent (including the Chief Superintendent),"; and (b) omitting the words " (including the Chief Inspector), sub-inspector ". (4) Subsection (3) of this section shall come into operation on the day on which section 14 of this Act comes into operation. (5) Section 4 of the Principal Act is amended by omitting from the definition of " Member of the Police Force " the words " the Deputy Commissioner,". (6) Subsection (5) of this section shall come into operation on the day on which section 9 of this Act comes into operation. 7. New s. 4A. After the heading of Part II of the Principal Act the following section is inserted:- " 4A. Police Regions may be constituted . (1) The Governor in Council may from time to time by Order in Council published in the Gazette constitute any part of Queensland to be a Police Region and may in like manner from time to time abolish or alter (whether by adding to or deleting from) any Police Region. (2) Without limiting the generality of subsection (1) of this section, a Police Region may be constituted by reference to Police Districts.".

Police Act and Another Act Amendment Act 1970, No. 36 469 8. Amendment of s. 6 - Appointment of Commissioner of Police. Section 6 of the Principal Act is amended by omitting subsection (3) and inserting in its stead the following subsections:- " (3) In the absence from illness or any other cause whatsoever of the Assistant Commissioner designated for the purposes of subsection (7) of section 7AA of this Act (if any), the Governor in Council may from time to time appoint some fit and proper person to act temporarily as the Commissioner of Police during the period of an absence from. illness or any other cause whatsoever, or a vacancy in the office, of the Commissioner. (3A) While a person acts as the Commissioner pursuant to a designation under subsection (7) of section 7AA of this Act or an appointment under subsection (3) of this section he shall have and may exercise and perform all of the powers, functions, authorities and duties of the Commissioner. (3B) Any power, function, authority or duty of the Commissioner, purporting to be exercised or performed by a person pursuant to a designation under subsection (7) of section 7AA of this Act or an appointment under subsection (3) of this section shall, until the contrary is proved, be presumed to have been so exercised or performed lawfully.". 9. Repeal of s. 7A. (1) Section 7A of the Principal Act is repealed. (2) Upon the coming into force of this section, section 7AA as inserted in the Principal Act by this Act is renumbered as section 7A and the words " section 7AA " (wherever occurring) in the Principal Act as amended by section 8 of this Act shall be omitted and the words " section 7A " inserted in their stead. 10. New s. 7AA. The Principal Act is amended by inserting after section 7A the following section:- " 7AA. Assistant Commissioners . (1) The Governor in Council may from time to time appoint fit and proper persons to be Assistant Commissioners of Police, each of whom is in this Act referred to as an Assistant Commissioner. (2) Not more than three Assistant Commissioners shall hold office at the same time. (3) An Assistant Commissioner shall be paid a salary at such rate per annum as may be determined by the Governor in. Council from time to time. (4) An Assistant Commissioner shall, subject to subsection (5) of this section, continue in office during such period as he is of good behaviour and until he attains the age of retirement prescribed by section 36 of this Act when he shall retire from office. (5) The disqualifications with respect to the office of Commissioner imposed by subsection (4) of section 6 of this Act shall extend with respect to the office of Assistant Commissioner and that subsection shall with all necessary adaptations apply to an Assistant Commissioner accordingly. (6) An Assistant Commissioner shall, subject to this Act, exercise and perform all such. powers, functions, authorities and duties (including such of the powers, functions, authorities and duties of the Commissioner) as the Commissioner may direct either generally or in any special case.

470 Police Act and Another Act Amendment Act 1970, No. 36 (7) An Assistant Commissioner designated in that behalf by the Governor in Council at the time of his appointment or at any later time (which the Governor in Council is hereby empowered so to do) shall during any period of an absence from illness or any other cause whatsoever, or a vacancy in the office, of the Commissioner act temporarily as the Commissioner of Police. Any designation under this subsection may be revoked at any time. (8) Any power, function, authority or duty of the Commissioner exercised or performed by an Assistant Commissioner shall, until the contrary is proved, be presumed to have been so exercised or performed lawfully.". 11. Amendment of s. 7B . (1) Section 7B of the Principal Act is amended by omitting from subsection (3) the words " sixty-five years " and inserting in their stead the words " retirement prescribed by section 36 of this Act ". (2) Notwithstanding the provisions of subsection (3) of section 7n of the Police Act 1937-1970, in relation to the person in office as the Commissioner's Inspector immediately before this section comes into operation the said subsection (3) shall be read as though the amendment specified in subsection (1) of this section had not been made. 12. Amendment of s. 7C-- Appointment of new Commissioner while Commissioner absent on leave prior to retirement , etc. (1) Section 7c of the Principal Act is amended- (a) by inserting after the words " Deputy Commissioner " wherever occurring the words " or Assistant Commissioner "; and (b) by omitting from subsection (2) the words " allowance under this Act " and inserting in their stead the words " benefit under the Police Superannuation Act1968-1970 ". (2) Subsection (1) of this section shall come into operation on the day on which section 10 of this Act comes into operation. 13. Amendment of s. 7C- Appointment of new Commissioner while Commissioner absent on leave prior to retirement , etc. (1) Section 7c of the Principal Act is amended- (a) by omitting the words " or Deputy Commissioner " (wherever occurring); and (b) by omitting from subsection (1) the words ", Deputy Corrmmissioner ". (2) Subsection (1) of this section shall come into operation on the day on which section 9 of this Act comes into operation. 14. Repeal of and new s. 8 . Section 8 of the Principal Act is repealed and the following section inserted in its stead:- " 8. Appointment of Superintendents and Inspectors . (1) The Governor in Council may from time to time appoint such number of superintendents and inspectors of the Police Force as may be found necessary. (2) The Governor in Council may designate a superintendent as Chief Superintendent.

Police Act and Another Act Amendment Act 1970, No. 36 471 (3) The Governor in Council may from time to time assign- (a) any superintendent to a Police Region; and (b) any superintendent or inspector to- (i) a Police District; (ii) the Criminal Investigation Branch of the Police Force; (iii) the establishment known as the Licensing Branch of the Police Force; (iv) the establishment known as the Traffic Branch of the Police Force; (v) the establishment known as the Police Training Branch; or (vi) the office establishment of the Commissioner. (4) A superintendent or inspector who is assigned to a Police Region or Police District shall, subject to the control and authority of the Commissioner, be charged with the government, direction and superintendence of the Police Force for the time being stationed within the Police Region or Police District, as the case may be, to which he is assigned. (5) The authority of an inspector assigned to a Police District may be limited in relation to the Police Force as the Governor in Council may direct. (6) Superintendents and inspectors who are not assigned to any Police Region or Police District have such authority in relation to the Police Force as the Governor in Council may direct and, in so far as not so directed, as the Commissioner may direct. (7) The Chief Inspector in office immediately before section 14 of the Police Act and Another Act Amendment Act1970 (hereafter in this section referred to as " the said section ") comes into operation shall without any further or other appointment be deemed to have been appointed as a superintendent and designated Chief Superintendent under and pursuant to this section and shall hold office accordingly. (8) Subject to any award or order of the Industrial Conciliation and Arbitration Commission or other competent industrial tribunal made after the said section comes into operation, the salary of the Chief Superintendent and superintendents shall be as fixed by the Governor in Council. (9) Every sub-inspector in office immediately before the said section comes into operation shall without any further or other appointment be deemed to have been appointed as an inspector under and pursuant to this section and shall hold office accordingly. (10) Subject to any award or order of the Industrial Conciliation and Arbitration Commission or other competent industrial tribunal made after the said section comes into operation, the salary of an inspector to whom subsection (9) of this section relates shall be the salary prescribed in respect of a sub-inspector by the applicable award of the said Commission in force when the said section comes into operation.". 15. Amendment of s. 11 (3)-Witnesses on such investigations. (1) Section 11 of the Principal Act is amended by in subsection (3) omitting the words " inspector or sub-inspector " and inserting in their stead the words " superintendent or inspector ".

472 Police Act and Another Act Amendment Act 1970, No. 36 (2) Subsection (1) of this section shall come into operation on the day on which section 14 of this Act comes into operation. 16. Amendment of s. 12 . Section 12 of the Principal Act is amended by adding the following subsection:- " (3) Notwithstanding the provisions of subsection (1) of this section, if in a special case it appears expedient in the interests of the Police Force to appoint as a constable of police a person who is of or over the age of thirty years but under the age of forty-five years, the Commissioner may, with the approval of the Minister, appoint such person and also if so approved, without limit of time in the first instance but no such appointment shall be made until the Commissioner has certified that in his opinion there is no person available for such appointment under the age of thirty years who is capable of performing the functions and duties which. will be assigned to the appointee upon his appointment.". 17. Amendment of s. 25 - Appointment of special constables. (1) Section 25 of the Principal Act is amended by omitting- (a) the words " inspector or sub-inspector " (wherever occurring); and (b) the words " inspector, or sub-inspector ", and inserting in their stead the words " superintendent or inspector ". (2) Subsection (1) of this section shall come into operation on the day on which section 14 of this Act comes into operation. 1.8. Amendment of heading to Part IV. The Principal. Act is amended by omitting from the heading to Part IV of the Act (being the heading appearing immediately after section 34) the words " SUPERANNUATION FUND " and inserting in their stead the word " RETIREMENT ". 19. Amendment of s. 36-- Age of retirement . (1) Section 36 of the Principal Act is amended- (a) by omitting from subsection (1) the words ", the Deputy Commissioner "; (b) by omitting from that subsection the words ". Deputy Commissioner "; and (c) by omitting from subsection (2) the words ", Deputy Commissioner ". (2) Subsection ( 1) of this section shall come into operation on the day on which section 9 of this Act comes into operation. 0) section 36 of the Principal A ct is amended-- (a) by omitting from subsection ( 1) the words " and the Commissioner's Inspector (b) by omitting from that subsection the words " or Commissioner's Inspector"; (c) by omitting from subsection ( 2) the words " or Commissioner's Inspector ". (4) Notwithstanding the provisions of section 36 of the Police Act 1937-1970, in relation to the person in office as the Commissioner's Inspector immediately before subsection ( 3) of this section comes into operation. the said section 36 shall be read as though the amendments specified in the said subsection had not been made.

Police Act and Another Act Amendment Act 1970, No. 36 473 (5) Subsections (3) and (4) of this section shall come into operation on the day on which section 11 of this Act comes into operation. 20. Amendment of s. 37A-Re -appointment to the Police Force after retirement under s. 37. Section 37A of the Principal Act is amended by omitting from subsection (4) the words " The Police Superannuation Fund " and inserting in their stead the words " the Police Superannuation Fund established under the Police Superannuation Act1968-1970 ". 21. Amendment of s. 57-Appeals from the Commissioner ; Appeal Board . Section 57 of the Principal Act is amended- (a) by omitting from paragraph (b) of subsection (2) the words " the Southern Division, the Central Division and the Northern Division respectively of the State " and inserting in their stead the words " the Southern Police Region, the Central Police Region, the Northern Police Region and the Brisbane Police Region respectively "; (b) by omitting from paragraph (b) of subsection (2) the words " of or above the rank of sergeant, second class, but below the rank of sub-inspector " wherever occurring and inserting in their stead the words of the rank of sergeant of police "; (c) by omitting from paragraph (b) (other than the first subparagraph) of subsection (2) the word " Division " wherever occurring and inserting in its stead the word " Police Region "; (d) by omitting from subsection (5) the first paragraph but not the proviso thereto and inserting in its stead the following paragraph:- Unless in a particular case the Minister otherwise orders- (a) appeals in the Brisbane Police Region may be heard in Brisbane or elsewhere within that Region; (b) appeals in the Southern Police Region may be heard in Toowoomba or elsewhere within that Region; (c) appeals in the Central Police Region may be heard in Rockhampton or elsewhere within that Region; and (d) appeals in the Northern Police Region may be heard at Townsville or elsewhere within that Region."; (e) by omitting subparagraphs (a), (b) and (c) of the last paragraph of subsection (5) and inserting in their stead the following subparagraphs:- (a) The Brisbane Police Region shall comprise the following Police Districts for the time being namely the Brisbane, Fortitude Valley, Gold Coast, Ipswich and South Brisbane Police Districts and the branches of the Police Force at Brisbane known as the Criminal Investigation Branch, the Licensing Branch, and the Traffic Branch and the establishments known the Office of the Commissioner of Police and the Police Training Branch; (b) The Southern Police Region shall comprise the following Police Districts for the time being, namely the Charleville, Marvborough, Roma, Toowocmba and Warwick Police Districts; and

474 Police Act and Another Act Amendment Act 1970, No. 36 (c) The Central Police Region shall comprise the following Police Districts for the time being, namely the Bundaberg, Longreach, Mackay and Rockhampton Police Districts; and (d) The Northern Division of the State shall comprise the following Police Districts for the time being, namely the Cairns, Innisfail, Mount Isa and Townsville Police Districts.". 22. Amendment of s. 57A-Appeals by certain commissioned officers. (1) Section 57A of the Principal Act is amended by omitting from subsection (1) the words " Any inspector, other than the Commissioner's Inspector or the Chief Inspector, or any sub-inspector of the Police Force " and inserting in their stead the words " Any superintendent or inspector of the Police Force (other than the Commissioner's Inspector or the Chief Superintendent) ". (2) Subsection (1) of this section shall come into operation on the day on which section 14 of this Act comes into operation. PART III-AMENDMENTS OF THE POLICE SUPERANNUATION ACT 1968 23. Citation . (1) In this Part the PoliceSuperannuationAct1968 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Police Superannuation Act1968-1970. 24. Amendment of s. 4 - Meaning of terms . (1) Section 4 of the Principal Act is amended- (a) by omitting from the definition of " Age for retirement " the words ", the Deputy Commissioner of Police "; (b) by omitting from the definition of " member of the Police Force " the words ", the Deputy Commissioner of Police ". (2) Subsection (1) of this section shall come into operation on the day on which section 9 of this Act comes into operation. (3) Section 4 of the Principal Act is amended by omitting from the definition of " Age for retirement " the words " and the Commissioner's Inspector ". (4) Notwithstanding anything in section 4 of the Police SuperannuationAct1968-1970, the age for retirement of the person in office as Commissioner's Inspector immediately before section 11 of this Act comes into operation shall, whilst he retains that office, be the age of sixty-five years. (5) Subsections (3) and (4) of this section shall come into operation on the day on which section 11 of this Act comes into operation. (6) Section 4 of the Principal Act is amended by inserting in the definition of " member of the Police Force ", immediately before the words " the Commissioner's Inspector ", the words " every Assistant Commissioner,". (7) Subsection (6) of this section shall come into operation on the day on which section 10 of this Act comes into operation.

Police Act and Another Act Amendment Act 1970, No. 36 475 (8) Section 4 of the Principal Act is amended by omitting from the definition of " member of the Police Force " the words " inspector, sub-inspector " and inserting in their stead the words " superintendent (including the Chief Superintendent), inspector ". (9) Subsection (8) of this section shall come into operation on the day on which section 14 of this Act comes into operation.