Police Act and Another Act Amendment Act 1977 (Qld)

137 QQ1te it51U.tt4 ANNO VICESIMO SEXTO ELIZABETHAE SECUNDAE REGINAE No. 16 of 1 977 An Act to amend the Police Act 1937-1973 in certain particulars and to amend the Police SuperannuationAct 1968-1975 in a certain particular [ASSENTED TO 14TH APRIL, 1977] 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 1977. 2. Arrangement of Act. This Act is arranged in Parts as follows:- PART I-PRELIMINARY (SS. 1-2); PART II-AMENDMENT OF POLICE ACT (ss. 3-9); PART III'-AMENDMENT OF POLICE SUPERANNUATION ACT (ss. 10-11).

138 Police Act and Another Act Amendment Act 1977, No. 16 PART 1I-AMENDMENT OF POLICE ACT 3. Citation . (1) In this Part the Police Act 1937-1973 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Police Act 1937-1977. 4. Amendment of s. 4. Section 4 of the Principal Act is amended by omitting the definition " member of the Police Force " and substituting the following definition:- Member of the Police Force "-Includes the Commissioner, the Deputy Commissioner, every Assistant Commissioner, and every superintendent (including the Chief Superintendent), inspector, sergeant and constable of police; ". 5. Amendment of s. 6. Section 6 of the Principal Act is amended by omitting subsections (3), (3A) and (3u). 6. New s. 6A. The Principal Act is amended by inserting after section 6 the following. section:- " 6A. Deputy Commissioner. (1) The Governor in Council may from time to time appoint some fit and proper person to be the Deputy Commissioner of Police, hereinafter referred to as the Deputy Commissioner. (2) The Deputy Commissioner shall be paid a salary at such rate per annum as may be determined by the Governor in Council from time to time. (3) The disqualifications imposed by section 6 (4) with respect to the office of the Commissioner extend to and with respect to the office of the Deputy Commissioner but, subject thereto, the Deputy Commissioner shall continue in office during such period as he is of good behaviour and until he-.attains the age of 60 years when he shall retire from office. (4) The Deputy Commissioner, subject to this Act, may exercise all such powers and authorities and shall perform all such functions and duties (including powers, authorities, functions and duties of the Commissioner) as the Commissioner may direct, either generally or in a particular case.". 7. Repeal of and new ss . 7 and 7A. The Principal Act is amended by repealing sections 7 and 7A and substituting the following sections:- " 7. 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 hereinafter referred to as Assistant Commissioner. Not more than three Assistant Commissioners shall hold office at the same time.

Police Act and Another Act Amendment Act 1977, No. 16 139 (2) 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. (3) The disqualifications imposed by section 6 (4) with respect to the office of the Commissioner extend to and with respect to the office of Assistant Commissioner but, subject thereto, an Assistant Commissioner shall, continue in office during such period as he is of good behaviour and until he attains the age of retirement prescribed by section 36 when he shall retire from office. (4) An Assistant Commissioner, subject to this Act, may exercise all such powers and authorities and shall perform all such functions and duties (including powers, authorities, functions and duties of the Commissioner or the Deputy Commissioner) as the Commissioner may direct either generally or in a particular case. 7A. Acting in cases of absence or vacancy. (1) If at any time the Commissioner is absent from duty or there is a vacancy in the office of the Commissioner the Deputy Commissioner shall act as the Commissioner (in the case of a vacancy until a new Commissioner is appointed) and while he so acts shall have and may exercise and shall perform all the powers, authorities, functions and duties of the Commissioner. (2) If at any time- (a) the Commissioner and the Deputy Commissioner are both absent from duty or there is a vacancy in both those offices; or (b) the Deputy Commissioner is absent from duty or there is a vacancy in the office of the Deputy Commissioner, an Assistant Commissioner designated in that behalf by the Governor in Council at the time of his appointment or at any later time (the Governor in Council being hereby empowered so to do) shall, in the case referred to in provision (a), act temporarily as the Commissioner and, in the case referred to in provision (b), act temporarily as the Deputy Commissioner during such absence or vacancy. A designation referred to in this subsection made by the Governor in Council may be revoked by him at any time, whereupon the authority conferred by this subsection on the person so designated shall cease. (3) If at any time- (a) the Commissioner is absent from duty or there is a vacancy in the office of the Coni:,nissioner; and (b) the Deputy Commissioner is unable for any reason to act as the Commissioner or there is a vacancy in the office of the Deputy Commissioner; and (c) the Assistant Commissioner who is designated under subsection (2) to act temporarily as the Commissioner is absent from duty,

140 Police Act and Another Act Amendment Act 1977, No. 16 some fit and proper person appointed in that behalf by the Governor in Council shall act temporarily as the Commissioner during the period for which the circumstances specified in provisions (a), (b) and (c) exist. An appointment referred to in this subsection made by the Governor in Council may be revoked by him at any time, whereupon the authority conferred by this subsection on the appointee shall cease to exist. (4) While a person acts temporarily in any office pursuant to authority conferred by subsection (2) or (3) he shall have and may exercise and shall perform all the powers, authorities, functions and duties of the office in which he is acting. (5) A power, authority, function or duty of the Commissioner exercised or performed by the Deputy Commissioner, an Assistant Commissioner or a person appointed under subsection (3) and a power, authority, function or duty of the Deputy Commissioner exercised or performed by an Assistant Commissioner shall be presumed to have been exercised or performed lawfully until the contrary is proved.". 8. Am endm ent of s. 7C. Section 7c of the Principal Act is amended by inserting after the words " the office of Commissioner " wherever they occur the words " or Deputy Commissioner ". 9. Amendment of s. 36. Section 36 of the Principal Act is amended by, in subsection (2), inserting after the word " Commissioner " the words " and Deputy Commissioner ". PART 111-AMENDMENT OF POLICE SUPERANNUATION ACT 10. Citation. (1) In this Part the Police Superannuation Act1968-1975 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Police Superannuation Act1968-1977. 11. Amendment of s. 4. Section 4 of the Principal Act is amended by, in the definition " member of the Police Force ", inserting after the words " Commissioner of Police " the words " , the Deputy Commissioner of Police ".