Police Act of 1937 (1 Geo Vi No. 12) (Qld)

LOANS-POLICE. 1 GEO. VI. No. 12, 1937. Police Act. to be a company within the meaning of *" The Companies Act of 1931 " or whether constituted or deemed to be constituted under any special Act permits, with the approval of the Governor in Council any work to be constructed by the Bureau of Industry or by any Board under the provisions of t" The Bureau of Industry Acts, 1932 to 1935," such body corporate shall notwithstanding anything contained in *" The Companies Act of 1931 " or in the relevant special Act be deemed to have and at all material times to have had power authority and jurisdiction to permit the construction of such work. PAROLE. See PRISONS AND PRISONERS. PESTS. See GRASSHOPPERS. PLAGUE GRASSHOPPERS. See GRASSHOPPERS. PLANTS, DISEASES IN. See AGRICULTURE. 16787 POLICE. An Act to Consolidate and Amend the Law relating 1 GEO. VI. to the Regulation of the Police Force, and T~ op~ ~ ;CE ACT OF 1937. for other purposes. [ASSENTED TO 14TH OCTOBER, 1937.J B E it enacted by the King's }\{ost Excellent Majesty, ~ by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, PART 1.- and by the authority of the same, as follows:- PRELIMINARY AND PART I.-PRELIMINARY AND INTERPRETATION. INT: I~ ~ ~ ETA- 1. tThis Act may be cited as "The Police Act of Short title. 1937," and shall, except as is otherwise provided in this Act, come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act. * 22 Geo. V. No. 53, 8upra, page 13433. t 23 Geo. V. No 25 and amending Acts, 8upra, pages 14214 et 8eq. :j: Proclaimed in force as from 11th November, 1937 (Proclamation, 11th November, 1937; Gazette, 11th November, 1937, page 1382). M

16788 . P)l.RT 1.- PRELIMINARY AND INTERPRETA· TION. Parts of Act. POLICE. Police Act. 1 GEO. VI. No. 12, 2. This Act is divided into Parts, as follows ; - PART I.-PRELIMINARY AND INTERPRETATION; PART Il.-ApPOINTMENT, DISCIPLINE, AND DUTIES OF POLICE FORCE; PART IIl.-ApPOINTMENT OF SPECIAL CONSTABLES; PART IV.-SUPERANNUATION FUND; PART V.-POLICE REWARD FUND; PART VI.-ApPEALS ; PART VII.-GENERAL. Repeal and 3. Subject to the provisions hereinafter contained, savings. the Acts specified in the Schedule to this Act are repealed Schedule. to the extent indicated in that Schedule. Such Acts are herein referred to as the "repealed Acts" ; Provided that, without prejudice to *" The Acts Shortening Acts," but save as is otherwise provided in this Act- (i.) All acts, matters, and things lawfully had and done' under and in pursuance of the repealed Acts or any of them shall be and continue to be in full force and effect to all intents and purposes as if no such repeal had taken place, and if the same are not completed may be continued and completed under and in pursuance of the repealed Acts; (ii.) All penalties, fines, and forfeitures enforceable or recoverable under and in pursuance of the repealed Acts or any of them shall and may be enforced and recovered as if this Act had not commenced; (ill.) All persons appointed under any Act hereby repealed and holding office at the time of the commencement of this Act shall be deemed to have been appointed and to hold office under this Act ; (iv.) All Proclamations, rules, regulations, orders, directions, .appointments, and notices made or given under the authority of any Act hereby repealed and in force at the time of the commencement of this Act shall be deemed to have been made or given under * 31 Vic. No. 6 and amending Acts, supra, pages 6 et seq.

POLICE. 16789 1937. PART 1.- Police Act. PRELIMINARY AND INTERPRETA- the authority of this Act, and shall be and TION. continue to be of full force and effect until the same are revoked or amended under this Act. 4 ..In this Act, unless the context otherwise Interpreta- indicates, the following terms have the meanings set tion. against them respectively, that is ·to say:- "Arrest" (used with reference to persons)- Arrest. Arrest without warrant other than this Act and take such person to a police station, there to be detained (unless he is released upon recognizance) until he can be brought before a court to be dealt with according to law: and the term "arrested" shall have a correlative meaning; "Me C mobmemr l . sos . flOtnheer Paonl d ice evFeorryce"I . n-sIpneccl t uodr,es suth b e- MoFfoertmcheeb.eProlic& inspector, ~ ergeant, and constable of police; " Minister"- The Secretary for Health and Home Minister. Affairs or other Minister of the Crown for the time being charged with the administration of this Act; "Pay and salary," "pay," or "salary" mean Pay and and include the remuneration ordinarily ~ ~l: ~r~ r~ ~ y· received in money by a member of the Police Force as the ordinary pay of his rank, but not to include or to have included any allowance in kind or any money paid him by way of allowance other than an allowance which is solely in the nature of an increase in the remuneration received in money paid him as the ordinary pay of his rank; " This Act"-This Act and all Orders in Council This Act. and regulations made thereunder. PART II.- ApPOINTMENT, PART n.-APpOINTMENT, DISCIPLINE, AND DUTIES OF DISCIPLINE, AND DUTIES POLICE FORCE. OF POLICE FORCE. 5. The Governor in Council may from time to time Police by Order in Council published in the Gazette constitute Districts any part of Queensland to be a Police District, and ::t?t:ted. may in like manner from time to time revoke or alter any such Order in Council. Wherever in any Act now or hereafter to be in force the words "Police District" occur, they shall be deemed and taken to mean a Police District so constituted as aforesaid.

16790 POLICE. PART II.- ApPOINTMENT, DISCIPLINE, Police Act. 1 GEO. VI. No. 12, AND DUTIES OF POLICE FORCE. All Police Districts proclaimed under any repealed dEixsitsritcintsg. Ashcatll abned aenxdistibneg daetemthede tcoombme enPcoelimceenDt iostfritchtsis dAulcyt constituted under and for the purposes of this Act, and shall continue in existence until the same are abolished or amended under this Act. Appoint- mentof Commis- sioner of Police. Present Commis- sioner to remain in office. 6. (1.) The Governor in Council may from time to time appoint some fit and proper person to be Commissioner of Police, hereinafter referred to as "the Commissioner," who shall, subject to the direction of the Minister, be charged with the superintendence of the Police Force of Queensland. (2.) The Commissioner shall, subject as is hereinafter provided, continue in office during such period as he is of good behaviour and until he reaches the age of sixty- five years. The salary of the Commissioner shall not exceed one thousand one hundred pounds per annum. (3.) In the case of the illness, absence, or suspension of the Commissioner the Governor in Council may appoint some other person to act as the deputy of the Commissioner during such illness, absence, or suspension; and such person shall, during the time for which he acts as such deputy, have all the powers and perform all the duties of the Commissioner. (4.) The Commissioner shall be deemed to have vacated his office- (a) If he engages during his term of office in any paid employment outside the duties of his office; (b) If he becomes insolvent, bankrupt, or com- pounds with his creditors, or makes any assignment of his salary for their benefit, or takes advantage of any provisions of any Act relating to bankruptcy or insolvency; (c) If he becomes permanently' incapable of performing his duties; or (d) If he resigns his office by writing under his hand addressed to the Governor in Council, and such resignation is accepted by the Governor in Council. 7. The Commissioner in office at the commencement of this Act shall, and without any further or other appointment whatsoever, be deemed to have' been appointed as Commissioner under and pursuant to this

POLICE. 16791 PART II.- 1937. Police Act, ApPOINTMENT, DISCIPLINE, AND DUTIES Act, and shall hold office .accordingly at a sa~ ary OF FO P R O C L E I . CE ,of one thousand one hundred pounds per annum, 'subject to the provisions of *" The Salaries Act of 1930," .as amended by t" The Financial Emergency Act of 1931." 8. The Governor in Council may from time to time Appoint. appoint such number of inspectors and sub-inspectors ::: ~~: pectors, of police as may be found necessary, and may from time &c, to time assign any such inspector or sub·inspector to .any such district as aforesaid, and all such inspectors and sub-inspectors shall; subject to the control and authority of the Commissioner, be respectively charged with the government, direction, and superintendence of the Police Force stationed within the districts to which they shall be respectively assigned, and shall have such more limited authority in relation to the said Police Force as the Governor with the like advice shall direct, 9. Nothing in this Act contained shall authorise Inc~ease of the creat I'On 0 f any 0 ffi ce or the appom' tment 0 f any nPooltIce Force person in connection with the Police Force except such hereby. eel as may b e provl 'd e d £ or b y P ar l I ' amen t . authorls , 10. The Commissioner shall appoint so maily Appoint. sergeants and constables of police of different grades as : ~ ; ! a~ ts he deems necessary for the preservation of the peace and throughout Queensland, and upon sufficient proof of constables, misconduct or unfitness, to be submitted for the approval of the Governor in Council, shall have power to dismiss any sergeant or constable, and all sergeants and constables of whatever grade shall so long as they continue members of the said Police Force have all such powers, privileges, and advantages and be liable to all such duties and responsibilities as any constable duly appointed now has or hereafter may have either by the common law or by virtue of any Statute or Act of Council or Order in Council now or hereafter in force in the State: Provided that every person who is appointed to be a constable, and who has not previously been a member of the Police Force of this State, shall be appointed in the first instance for one year only and may, if the Commissioner considers he is unsuitable for any reason whatsoever to continue in the Police Force, be discharged by the Commissioner at any time before * 21 Geo. V. No. 9, supra, page 13075, t 22 Geo, V. No, 1, supra, page 13402.

16792 POLICE. PART II.- ApPOINTMENT, DISCIPLINE, Police Act. 1 GEO. VI. No. 12, AND DUTIES OF POLICE FORCE. the expiration of one year from the day of such person's first appointment as a constable, and without assigning any reason other than that the Commissioner considers he is unsuitable to continue in the Police Force: Provided further, that every constable who is not, discharged before the expiration of one year from the day of his appointment shall, without reappointment,. be deemed to be appointed generally and without limit of time, and shall not be liable to be discharged against his own will or dismissed by the Commissioner otherwise than after investigation of a charge of an offence or for unfitness as provided by this Act: Appointment Provided, however, that nothing contained in this ~ ~ : ~ m; ~ [ ~ e Ahct shNall Phrevent any membfer' 0hf thCe Police Folrche off Force of the t e ort. ern TerrItory 0 t e ommonwea t 0 Nort,hern Australia, or any member of the Police Force of any ~ : ~ ~ ~ 7at~ : other State of the Commonwealth of Australia, from of the Com- being appointed a sergeant or constable of the Police ~ tx~ : t~~ ~ ia Force of the State of Queensland if the Superintendent to act as of Police of the Northern Territory of the Commonwealth : ~ ~ ~ ~ ~ ~ les of Australia, or the Commissioner of Police of any of for the the other States of the Commonwealth of Australia, sc) ~ ~e~ n~~ and_ requests, and such member may be sworn in and shall thereupon be charged with the duties set forth in his oath of office, and shall be a member of the Police Force of the State of Queensland until his appointment is terminated by the Commissioner; but any such officer on being so appointed shall not be deemed to be in the employment of the Commissioner, and shall not be personaUy entitled to any privileges or gratuity under this Act, or to receive any salary or allowances from the Commissioner except as may be provided for by the authority in whose employment he is_ Rules for 1 1. (1.) The Governor'in Council may make rules adgniosdvceiprnlimneent fmoer mtbheers goefntehrael PgoolivceernFmoercnet ; aanlld sudcihscirpulliense shoafll thbee oFforPcoel.ice pshuablllishhaevde inthethseam G e aze fo tt r e c , e aanndd uepffoenct sauschifptuhbelyicawtieorne enacted in this Act EJ,nd shall be judicially noticed, and shall not be questioned in any proceedings whatsoever. All such rules shall be laid before Parliament forthwith, if then sitting; and if not then sitting, within fourteen days after the commencement of the next ensuing session.

POLICE. 16793 1937. Police Act. PART II.- ApPOINTMENT, DISCIPLINE, AND DUTIES (2.) Such rules may provide that any member of OFF~ ~ r: . CE the Police Force who neglects or refuses to obey any Summary' lawful order, or to execute any process lawfully directed punishment to be executed by him, or who ,is guilty of any misconduct, ~ rsconduct. neglect, or violation of or absence from duty shall be liable, upon a summary investigation by the Com- missioner, to be fined in any sum not exceeding five pounds or to be disrated or dismissed from the Police Force. Such investigation may, subject to the rules, be conducted in any way that the Minister directs. (3.) Any inspector or sub-inspector of police Witnesses' or other person appointed by the Minister to conduct ~ ~ : ~ ~ ~ a. any such investigation may, by writing under his hand, tions. summon any person to attend such investigation at a time and place named in the summons, and then and there require him to give evidence on oath or affirmation (which oath or affirmation he is hereby authorised to administer) and to produce any books, documents, or writings in his custody' or control which he is required by the summons to produce. (4.) . If any person served with a summons to attend P~~ alty for an investigation fails without reasonable excuse to ~ ~ ~ : ~ ~ attend the investigation or to produce any documents, produce books, or writings in his custody or control which he documents. was· required by the summons to produce, he shall be liable on conviction to a penalty not exceeding twenty pounds: Provided that it shall be a defence to a prosecution under this subsection for failing without reasonable excuse to produce any documents, books, or writings if the defendant proves that the documents, books, or writings were not relevant to the inquiry. (5.) If any person appearing as a witness at any Refusing to oinrv d eescti 1 garaattilo . Onnreofrutsoesatnoswbeersaw 1 1orsnucohrqtuoesmtlaO . knes aafsfirmmaayti b oneebv& i c ed . s , ewonorcren g . ! lve legally demanded of him at any such investigation, he shall be liable on conviction to a penalty not exceeding twenty pounds: Provided that no such person shall be compelled to answer any question tending to incriminate him. (6.) In any investigation under this section the Representa- Commissioner and the member of the Police Force in ~ ion a~ respect of whom such investigation is held may ~ : : ttga­ respectively be represented by his counsel, solicitor, or

16794 PART I I . - - - - - - - - - - ~ - ~ - ~ - - - - - -- - -- - -- - --­ ApPOINTMENT, DISCIPLINE, Police Act. 1 GEO. VI. No. 12, AND DUTIES OF POLICE FORCE. agent duly appointed in writing in that behalf, who may exa mine witnesses and address the person conducting the investigation. Disqualifioa- 12. (1.) No person shall be appointed a constable- tcioonnsstaobfles. 0 f pO l l ' Ce- (a) Unless he is of sound constitution, able-bodied, and under the age of twenty-seven years, of good character for honesty, fidelity, and activity, and able to read and write; (b) Who has been convicted of any crime or misdemeanour, or who is a bailiff, sheriff's bailiff, or who is a hired servant in the employment of any person whomsoever, or- who keeps a house for the sale of beer, wine, or spirituous liquors. (2.) Any member of the Police Force who is or becomes a bailiff, a sheriff's bailiff, or hired servant, or- acts in any of the said capacities, or sells any beer, wine, or spirituous liquors shall become incapable of acting, and shall forfeit his appointment as such member- and all authority, privileges, salary, and gratuity payable- to him as such. Penalty on persons obtaining admission into Polioe Foroe in oertain oases. 13. Whosoever by concealing, after having been dismissed from the Police Force, the fact of such dismissal, or by any false or forged certificate, or by any false repres,entation obtains admission into and receives pay in the said Police Force, shall on conviction be liable to imprisonment for a term not exceeding three months. Oath to be taken by members of the Polioe Force. 14. No person appointed to be a member of the Police Force shall be capable of holding such office or of abting in any way therein until he has taken and subscribed the following oath;- "I, A.B., swear by Almighty God that I will well and truly serre our Sovereign Lord King George the Sixth in the office of constable or in such other capacity as I may be hereafter appointed, promoted, or reduced, without favour or affection, malice or ill-will, from this date and until I am legally discharged; that I will see and cause His Majesty's peace to be kept and preserved; and that I will prevent to the best of my power all offences against the same; and that while I shall continue to be a member of the Police Force of Queensland I will to the best of my skill and knowledge discharge all the duties legally imposed upon me faithfully and according to law. So help me God."

POLICE. PART II.- 1937. Police Act. ApPOINTMENT, DISCIPLINE, AND DUTIES OF POLICE Such oath shall be administered by a justice of the FORCE. peace, and shall in all cases be subscribed by the person taking the same, and the oath so taken shall be forwarded to the Commissioner. 15. Every person taking and subscribing such oath Oath :shall be dee~ ed to have thereby entered into a written ~;;~~alent agreement wIth and shall be thereby bound to serve agreement. His Majesty as a member of the Police Force in what- soever capacity he may be at any time thereafter required to serve, and at the current rate of pay of any rank to which he may be appointed or reduced until legally discharged; and such agreement shall not be set aside, cancelled, or annulled for want of reciprocity, arid every agreement shall be determined by the discharge, dismissal, or other removal from office of any such person, or by the acceptance of the resignation of such person by the Governor in Council or the Commissioner, as the case may be. 16. If any question arises as to the right of any R~pute to be member of the Po. lice Force to hold or exe. cute his office, a eV p I p d~ o n i c l t l e ' of -common reputatIOn shall be deemed eVIdence of such ment. right, and it shall not be necessary to have or produce any written appointment, or any oath, affidavit, or other document or matter whatsoever in proof of such right. 17. When any member of the Police Force shall be All po~ ers di scharged or dl· sml.ssed f rom or sha 11 0 t herw' lse cease vmeesmtebderilsl of to hold and exercise his office, all powers and authorities the Police vested in him as a member of the Police Force shall ~ eC; : : : : ~ ~ on immediately cease. discharge. 18. No member of the Police Force shall be atThree liberty to resign his office or withdraw from the duties n mO o t~ lC th e s 0 ' f thereof unless expressly authorised in writing so to do resignation by the Commissioner, or unless he shall give to the to bo gIven. Commissioner three months' notice in writing of his intention so to resign or withdraw; and any member of the Police Force who shall so resign or withdraw without such previous permission or notice shall, upon conviction for every such offence, forfeit and pay a sum not exceeding twenty pounds.

16796 POLICE. PART II.- ApPOINTMENT, DISCIPLINE, Police Act. 1 GEO. VI. No. 12, AND DUTIES OF POLICE FORCE. 19. If any person who, having been a member of Penalty for not delivering accoutre. ments, &c. the Police Force, has been discharged or dismissed from,. or who has otherwise ceased to hold and execute his office, shall not forthwith deliver over everything what- soever which may have been supplied to him for the execution of his office, or which may be in his custody by virtue thereof, to such person as may be appointed by any order, "special or general, issued by the Com- missioner, every such person shall, upon conviction thereof on the complaint of any member of the Police Force, be imprisoned and kept to hard labour for any period not exceeding three months; and any justice of the peace may and shall issue his warrant to search for and seize to the use of His Majesty all and every the arms, ammunition, accoutrements, horses, saddles,. bridles, vehicles, clothing, and other appointments and things which shall not be so delivered over wherever the same shall be found. Members of 20. Every member of the Police Force shall, when PtoolaictteenFdoracet requI . red, attend at the severa I Supreme and C· IrcuI ·t . Supreme Courts, and also at the Petty Sessions held at the ~ ~ ~ : ; s and respective places where such members are stationed, Sessions and and shall .obey and execute in all cases every ~ awful ewxaercruatnets, summons, warrant, execution, order, and command of &c. the judge presiding at any such Supreme or Circuit Court, and of the justices at Petty Sessions. Members of 21. Every member of the Police Force shall when FthoercPeoltioce required execute all process directed to him for levying execute the amount of any recognizance forfeited to His Majesty,. process. or of any fine imposed on any juror, witness, party, or person at any Assizes or Commission of Oyer and Terminer or Gaol Delivery or Sessions of the Peace, or any other fine imposed under any Act or Imperial Act or an Act of the Commonwealth. A member 22. Any process or warrant, order, or command of oFforthcee mPoalyice any justice directed, delivered, or given to any member act for of the Police Force may be executed and enforced by sauncohthcearse in s. any other member of the Police Force or assistant, and every such lastmentioned member of the Police Force and assistant shall have the same rights, powers, and authorities for and in the execution of such process, warrant, order, or command as if the same had originally been directed to him by name.

POLICE. 16797 PART II.- 1937. Police Act. ApPOINTMENT, DISCIPLINE, AND DUTIES 23. Any member of the PolI • ce Force who neglects OF FO P R O C L E I . CE -or refuses to obey any lawful order or execute any process Penalty on lawfully directed to be by him executed, or is guilty of: ~ m; ~ ~ ~ eof any other misconduct, neglect, violation of, or absence Force for from duty shall on conviction be liable to a penalty ~~~ ~.ct of not exceeding for the first offence five pounds, or for the second or any subsequent offence twenty pounds. 24. Any member of the Police Force who- Punishment for police (a) Directly or indirectly takes any bribe, ta~ ing pecum.ary or 0 t herW' lse, t 0 . £ lorego h I ' S dut y as brIbes,& - c such member; or (b) In any manner aids, abets, assists, or connives at the escape, or any attempt or preparation to escape, of any prisoner from any gaol or other place in which such prisoner is lawfully confined, or otherwise in lawful custody; or (c) Deserts his post; or (d) Assaults his superior officer, shall in addition to any other penalty or punishment for such offence to which he may be liable, be liable on conviction thereof on the complaint of any member of the Police Force to a penalty not exceeding twenty-five pounds nor less than five pounds, or in the discretion of the justices before whom he is convicted to be imprisoned and kept to hard labour for any period not exceeding six months. PART HI.- ApPOINTMENT PART IlL-ApPOINTMENT OF SPECIAL CONSTABLES. OF SPECIAL CONSTABLES. 25. If it shall appear to the Governor in Council or Appoint. to the Commissioner or any inspector or sub-inspector men~ ~ f of police that any tumult, riot, crime, or breach of the ~~ ~~~ ~bles. peace has taken place or may reasonably be apprehended in any city, town, or place, and he is of opinion that the ordinary constables or officers appointed for preserving the peace are not sufficient for the preservation of the peace and for the protection of the inhabitants and the security of their property or for the apprehens.ion of- offenders, then and in every such case- (a) The Governor in Council may by Order in Council authorise any person to appoint, and such person; or

16798 PART IlI.- ApPOINTMENT OF SPECIAL CONSTABLES. POLICK Police Act. 1 GEO. VI. No. 12, (b) The Commissioner or inspector or sub-inspector- of police as aforesaid, as the case may be, is hereby authorised to appoint, by precept in writing under his hand, so many as he thinks fit of the inhabitants who are not legally exempt from serving the office of constable residing in or near to such city, town, or- place to act as special constables for such time and in such manner as to the person so authorised by the Governor in Council, or the Commissioner, or inspector" or sub-inspector of police shall seem fit and necessary for the public peace, and for the protection of the inhabitants and the security of property in or near such city, town, or place. Form of oath 26. Every person appointed a special constable t~ ~~: ~ ~ ~ n under this Act shall, before acting as such, take an constables. oath before a justice of the peace in the following form, that is to say:- "I, A.B., do swear that I will well and truly serve our- Sovereign Lord King George the Sixth in the office of special constable for the [city, town, or place, aB the case may be] without favour or affection, malice or ill- will, and that I will to the best of my power cause the peace to be kept and preserved and prevent all offences against the persons and properties of His Majesty's subjects; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law. So help me God" : Provided always that whenever it shall be deemed necessary to appoint such special constables as aforesaid, notice thereof shall be forthwith transmitted by the Commissioner to the Minister. C: 0mmis• 27. The Commissioner may, with the approval of ~: ~: : ~ ~ rs the Minister, make such orders or rules as may from or rules time to time be necessary and expedient for rendering fcoornsstpaebclieasl. any special constables appointed under t h I ' S Act effCi'lent for the preservation of the public peace. Power of special constables. 28. Every special constable appointed under this Act shall have, exercise, and enjoy all such powers, authorities, advantages, and immunities, and be liable to all such duties and responsibilities as any constable duly appointed now has by virtue of the common law or of any Act or Imperial Act or Act of the Commonwealth.

POLICE. 16799 1937. Po~ ice Act. PART III.- ApPOINTMENT OF SPECIAL CONSTABLES. 29. If any person residing within the city, town, or Pen~ lty for place as aforesaid being appointed a special constable : ~ : ~ ~ \ le as aforesaid shall refuse to take the oath hereinbefore refusing to mentioned when thereunto required by any justice of~ ~ k: ti. : : . oath the peace, he shall on conviction thereof forfeit and pay any sum not exceeding twenty pounds. 30. If any person being appointed and sworn a Pen~ lty on special constable as aforesaid, and being called upon to : ~ : ~ ~ ble serve, neglects or refuses to act as such special constable, refusing to or to obey such lawful orders and directions as may be = r:/ ~f given to him for the performance of the duties of his d~ sobed. ience office, he shall on conviction before any police magistrate 01 orders. or any two justices of the peace forfeit and pay any sum not exceeding ten pounds, unless such person shall prove to the satisfaction of the police magistrate or justices that he was prevented by sickness or some other unavoidable cause as shall in the judgment of the said police magistrate or justices be a sufficient excuse. 31 (a . ) TUhepoMn intihsteer rsehcaomllm- endatI.On of the Com~ Mmreaainsyoisdnteairrbelcet missioner, order that every special constableallow~ncesto appO.lnted as a £ oresal' d sh a11 be pal' d £ or hI' S bspeepciaaIld to services such salary, wages, and allowances as constables. the Minister deems prope:r; and (b) Order the payment of such expenses as have been incurred in providing arms, weapons, ,and other necessary articles to such persons. 32. (l.) The Commissioner may at his discretion Power to suspend or dete.rmine th.e services of all or any special sdeirsVc,l?Cnetin 0 fue constables appomted under thIS Act. special . constable. (2.) The Commissioner may remove any speCIal constable from his office for any misconduct or neglect of duty therein. the e 3 x 3 p : lra( 1tI: O) nE 0 VfehIrSr s 0 Pfficeeci,alocroanfsttearbhlee hshaasllcefaosrtehdwt 0 ithh 0 °ldn d ~ ; e : li ~ v ! e ~ r ~ l u e p s t~ and exercise the same, deliver over to his successor (if weapons, &c. any) or, if no successor has been appointed, to such person and at such time and place as may be directed by any member of the Police Force all arms, weapons, and other articler which have been provided for him. (2.) If any special constable neglects or refuses to comply with the provisions of this section he shall be liable to a penalty not exceeding ten pounds.

! 168.00 POLICE. PART III.- - - - - - - - - - - - - - - - - - - - - - - - - - ApPOINTMENT OF SPEOIAL Police Act. 1 GEO. VI. No. 12, CONSTABLES. ;unishment 34. Any person who assaults or resists any special a~ ~ aulting or constable whilst in the execution of his office, or who resis~ ilg promotes, incites, or encourages any other person so to : ~ ~ ~ ~ ~ bles. do shall be liable to a penalty not exceeding ten pounds or to imprisonment for any term not exceeding six months with or without hard labour. PART IV.- SupeRANNUA- TION FUND. PART IV.-SUPERANNUATION FUND. Superanwla- tion Fund. 35. There shall be deducted from the pay and salary of the several members of the Police Force under this Act the sum of five pounds and five shillings per centum per annum, and so rateably from any payor salary of whatever amount, which sum so deducted shall be invested by the Investment Board, and the interest and dividends thereof or so much of the same as are not required for the purposes hereinafter mentioned shall also be invested and accumulated as part of " The Police Superannuation Fund" (hereinafter referred to as " the Fund"), and be applied as occasion may require for the payment of such superannuation allowances as may be ordered or appointed by the Governor in Council to be charged on the Fund or payable thereout. Age of 36. The age of retirement in the Polic~ Force shall retirement. be sixty years, except in the case o~ the holder of the office of Commissioner of Police, but should the public interests render it expedient to retain the services of any member of the Police Force above the age of sixty years, and should such member consent to his services oeing so retained, the Minister after the prescribed investigation may authorise such retention until such member attains the age of sixty-five years. Retirement 37. When a member of the Police Force who has b.efore a&e of not attained the age of sixty years desires to retire from ~ ~ x~ ~ ; ; ng the Police Force owing to bodily injury received in the injury. execution of his duty or mental or bodily infirmity, or when it is reported to the Minister that such member of the Police Force is by reason of bodily injury received in the execution of his duty or mental or bodily infirmity unfit to perform his duties, the Minister may investigate the matter, and if after an examination

1937. POLICE. Police Act. 16801 PART IV.- SUPERANNU~ ­ TION FUND. by two medical practitioners or the receipt of other testimony it is proved to the satisfaction of the Governor in Council that- (a) The injury or infirmity was not due to or caused by the use of intoxicating liquors; and (b) The injury or infirmity is likely to be pnmanent; and (c) Such member is by reason of such injury or infirmity incapable of discharging his duties; and (d) It is for the public interests that such member shall retire from the Police Force, the Governor in Council may order that such member shall retire from the Police Force. 38. Subject to the provisions hereinafter contained, Pe~s? ns every member of the Police Force shall upon retiring ~ ~ W~ ~ ~ to from the Police Force under the foregoing provisions s?-perannua• . of this Act be entitled' to the superannuation allowance !W::Wance. hereinafter prescribed and respectively applicable to his term of service and particular case. 39. If a member of the Police Force has when he Allowance retires from the Police Force under the foregoing whe~ e 1 prOVI.SI.Ons 0 f thI' S A C t served I ess t han fift een years h e stehraVnlCfeifteeesns. shall be entitled to receive a superannuation allowance years: at the rate of one hundred and twenty-five pounds per annum: Provided that in every such c'ase- (a) Such allowance shall only be continued on such proof of continued incapacity as the Minister may from time to time require; moreover '(b) If, after investigation by the Minister and an examination by two medical practitioners or the receipt of other testimony it is proved to the satisfaction of the Governor in Council that such person has regained his health and is capable of duty, the Minister may reappoint such person to the Police Force, and in such case he shall receive the pay of the grade in which he was included at the date of his retirement, and he shall for the purpose in the future of calculating length of service be

16802 PART IV.- SUPFdUNNUA:- TION FUND. POLICE. Police Act. 1 GEO. VI. No. 12, deemed to have remained in the Police Force for the period during which he was receiving superannuation allowance; and if such person so reappointed declines to resume such duty he shall no longer be entitled to receive any superannuation allowance. Allowanct; 40. (1.) Subject as is hereinafter provided, if a afofrtefrifstoerevnlCu member 0 f the P 0 lI' Ce F orce h as w h en heretl' res f rom the years. Police Force under the foregoing provisions of this Act served fifteen years or over in the Police Force, he shall receive a· superannuation allowance at the rate of one hundred and twenty-five pounds per annum, with an additional five pounds per annum for each completed year of service in the Police Force over the said fifteen years, but the total superannuation allowance on retire- ment shall not in any case exceed a rate of two hundred and fifty pounds per annum. In calculating length of service, the time during which the retired member has served in any class or grade of the Police Force subsequently to the thirteenth day of November one thousand eight hundred and ninety-one, shall be reckoned: Provided that if, after investigation by the Minister and after an examination by two medical practitioners or the receipt of any other testimony, it is proved to the satisfaction of the Governor in Council that such person has regained his health and is capable of duty, the Minister may reappoint such person to the Police Force, and in such case he shall receive the pay of the grade in which he was included at the date of his retire- ment, and he shall for the purpose in the future of calculating length of service be deemed to have remained in the Police Force for the period during which he was receiving superannuation allowance; and if such person so reappointed declines to resume such duties he shall no longer be entitled to receive any superannuation allowance. Increases of (2.) Provided that if a member of the Police Force ~ k; ; rannua- retires from the Police Force under the foregoing aUow.allce to provisions of this Act and is at the date of such eneornt-mconm- ret·lrement a non-commlS.S.lOned 0 fficer WI ·th the ra nk m: sione~ of second-class sergeant, or a non-commissioned officer ~ olf: : . s 0 with a rank higher than that of second-cJltss sergeant, and such non-commissioned officer has when he retires served fifteen years or over in the Police

1937. POLICE. Police Act. 16803 PART IV.- S UPElRANNUA.- TION FUND. Force, such non-commissioned officer shall be entitled to receive an additional allowance of twenty pounds per annum over and above the superannuation allowance as calculated in accordance with the first paragraph of subsection one of this section forty: Provided always that the total superannuation allowance (including the additional allowance as afore- said) on retirement shall not in any case exceed a rate of t~o hundred and seventy pounds per annum. (3.) Provided further, that if a member of the fncreases of Police Force retires from the Police Force under the s:,perannua- foregoing provisions of this Act and is at the ; ~ T~ ~ vanco to date of such retirement a commissioned officer c?mmis. WI' th t I le ran 1 \: 0 f su b - . lnsnector, or a COmml . SS . lOne d soIfOfinceedrs of officer with a rank higherL than that of sub-inspector, po}ico who and such commissioned officer has when he retires served redre. fifteen years or over in the Police Force, such commissioned officer shall be entitled to receive an additional allowance of fifty pounds per annum over and above the superannuation allowance as calculated in accordance with the first paragraph of subsection one of this section forty: Provided always that the total allowance as aforesaid (including the additional allowance as aforesaid) on retirement shall not in any case exceed a rate of three hundred pounds per annum. (4. ) Upon his retirement from the Police Force the S,uperannua- Commissioner shall be entitled to a superannuation ! W~ wance to allowance at the rate of four hundred pounds per annum-- Commis- (a) If he has served fifteen years in the Police sioner. Force; or (b) If, not having served fifteen years in the Police Force, he has been retired therefrom under and in pursuance of section thirty-seven of this Act. (5.) Nothing contained in this section shall entitle or Retirements be deemed to entitle any member of the Police Force approtved W h ose retI . rement h as b een approve d b y t h e G overnor I . n cporImOmr e 0 nce- Council prior to the commencement of this Act to any ~ e3t. A. further or other pension than the pension approved by 0 ,)IS Cu. the Governor in Council in his case upon approving of his retirement, and to the intent that every member of the Police Force whose retirement was approved prior to the commencement of this Act shall be and, subject as pro- vided in this Act, continue to be entitled to the pension

16804 PART IV.- SUPElRANNUA· TION FUND. POLICE. Police Act. / ) 1 GEO. VI. No. 12, approved in his case upon the approval by the Governor in Council of his retirement and to no further or other pension whatsoever. Retirement 41. If a member of the Police Force retires or is ; ~ ~ : s~ s: ~ ice retired or discharged from the Police Force for any for other reason other than bodily injury or mental or bodily causes. infirmity after having served five years or upwards in . the Police Force, he shall be entitled to receive a sum of money equal to one-half of the total amount actually contributed by him by way of deduction from pay and salary to the Fund without interest: Provided that if such person rejoins the Police Force he shall be required to refund the amount so paid to him, and in such case his previous service shall be allowed to count towards superannuation allowance. Death of : e: ' ~ ' : : e~r leaving family. 42. (1.) If a married member of the Police Force or a pensioner who at the date of his retirement was married dies leaving a widow or widow and children or children, there shall be paid in respect of- (a) Each child until such child reaches the age of fourteen years, a sum at the rate of thirty-two pounds and ten shillings per annum; and (b) The widow, a sum of sixty pounds per annum so long as she remains unmarried. Application (2.) Payments under this section in respect of the of section. widow and/or a child or children of a deceased married member of the Police Force or a deceased pensioner, who at the date of his retirement was married, shall be made as and from the commencement of this Act, and to the intent that, as and from the commencement of this Act, such payments shall be made in respect of the widow and/or the child or children of every deceased married member of the Police Force and every deceased pensioner who at the date of his retirement was married and whether such member or pensioner died before, on, or after the commencement of this Act. Superannua- 43. (1.) Notwithstanding anything to the contrary t a i l o lo n wance contained in this Act, or the repealed Acts) or in any not to be other Act, or law, rule of law, or practice or process of law, paid wJ;ilst f or in any judgment pronounced or order made by any In recelpt 0 • any salary court, no member or ex-member of the PolIce Force, or gem l"d d widow, child, or children of any deceased member or R~ :~ ~ eate ex-member of the Police Force who may be entitled to Fund. any superannuation allowance under this Act, or the

1937. POLICE. Police Act. 16805 PART IV.- S UpEiRANNUA!- ~ TION FUND. repealed Acts, or any other Act, shall be entitled to receive, and it is hereby declared that no such member or ex-member, widow, child, or children ever was or were entitled to receive, any such superannuation allowance in addition to and whilst in receipt of any salary or other emolument which he or she or they may be or may have been entitled to receive out of Consolidated Revenue Fund on account of any leave that may have accrued due, or may be granted, or may have been granted to any such member, or ex-member, or deceased member at the date of his retirement, or at death, as the case may be. (2.) The provisions of this section shall operate Effect and oanpedrahtaevde aenfdfectot, haanvde shhaaldl eaflfwecaty, s nboetwdI. ethesmtaednd·tmoghaanvye s o e p c e t ~ IO at n i . on of judgment pronounced or order made by any court of competent jurisdiction, and whether such judgment was or shall be pronounced or order was or shall be made before, on, or after the commencement of this Act; and any such judgment pronounced or order so made is hereby vacated and shall be void and of none effect whatever: Provided that nothingn this section shall Saving. prejudice or affect the rights of any party to any judgment or under any order of any court of competent jurisdiction in any case where such judgment was given or order made prior to the first day of September, one thousand nine hundred and thirty-six, or prejudice or affect the rights of any party on appeal from any such judgment or order. 44. If a member of the Police Force who is Death of un~ arried dies there shall be paid t? such of his. ~ext- ~ ~ : ~ ~ : . ed of-km as are proved to the satisfactIOn of the MmIster to have been dependent on him a sum of money equal to the contributions made by him to the Fund withont interest. 45. Subject to section forty-three of this Act, Date of every yearly superannuation allowance payable com~e~ ce­ under this Act or any Act repealed by this Act shall :~ ~ra~nua­ commence on the day of the retirement of the person to t\ ~ n whom it is to be paid, and shall be payable by equal a owance. monthly instalments on the first day of each calendar· month, but shall be apportionable as if it accrued from day to day in case of its commencing or terminating at any other than one of the said monthly days of payment.

16806 . POLICE. PAB~ IV.- SUPFilIANNUA:- Police Act. 1 GEO. VI. No. 12, nON FUND. __________________________________________________ Allowance, 46. Every superannuation allowance and other sum & c' Fch~ ged payable under this Act shall be chargeable upon and paid on un. out of the Fund. Separate The Board shall keep a separate account of all adcecaloiunngst of moneys of the Fund received and expended respectively under this under the provisions of this Act. Act. No person 47. Except subject to such regulations as may be to assign any made by the Governor in Council, it shall not be lawful : : e~ to for any member of the Police Force, whether retired from w~ ~ ~ f ~ e is the Police Force or not, to assign, transfer, make over, or ~ ~ Jerethis otherwise par~ with, either absolutely or conditionally, Act. otherwise than by will any sum of money to which he may be entitled under any of the provisions of this Part of this Act. Deed And any deed or instrument, other than a will, tpourapsosirgtinng purporting to assign, transfer, make over, or part with void. any such sum of money as aforesaid shall be void. Money not to pass to creditors. No sum of money to which any such member of the Police Force or his personal representatives or dependent next-of-kin may be entitled as aforesaid shall pass to the creditors of or be in any way liable to or chargeable with the payment of any of the debts, liabilities, or engagements of such member of the Police Force, or be levied or attached or taken in execution by virtue of any process. ProvIsion 48. When a member of the Police Force is trans- in case of ferred to an office in the Public Service not being an tproalnicsefeorfofifcer 01 . ( 1 ' ~ 1Ce I . n the P 0lI' ce F orce, or t 0 an 0f fcei ' In the R aI '1" way to Public Service, the amounts which have been deducted from Service. his salary and paid to the Fund shall be repaid to him from the Fund without interest. Retired 49. Any member of the Police Force who retires obfefirceeqr umiraeyd from the Police Force under the provisions of this Part to give of this Act shall nevertheless, unless the Governor in service. Council has otherwise ordered at the date of the retire- ment or hereafter otherwise orders, be liable if called upon to perform such duties in the Public Service of the State suitable to his age and capacity as the Governor in Council may require him to perform.

1937. POLICE. Police Act. 16807 PART IV.- SUPlllRANNUAt TION FUND. Investment Board. 50. There shall be a Board (hereinbefore referred Investment to as "the Board") consisting of the Public Service Board. Commissioner, Under Secretary, Department of Health and Home Affairs, and the Commissioner of Police, who shall be charged with the duty of controlling and investing the moneys standing' to the credit of the Police Superannuation Fund. The Board shall subject to such regulations as the Governor in Council may make have full power to deal with and invest the said moneys. 51. A full account of all dealings with the Police Board to Superannuation Fund shall be kept by the Board, and report. the Board shall in every year submit to the Minister a complete statement of all moneys paid into the Fund and invested by it during the preceding year, together with a full report on the state of the Fund. The statement and report of the Board shall be laid by the Minister before Parliament during the first session after the receipt thereof. 52. The Auditor-General, or such officer of his Audit. staff as he may from time to time appoint, shall once at least in every year examine the books and accounts of the Board and shall report thereon to Parliament. PART V.- POLICE PART V.-POLICE REWARD FUND. REWARD FUND. 53. All penalties imposed on any member of the ~ ppropria­ Police Force under this Act, and all penalties or portions ~ l~ : a~ ~ es. of penalties and damages awarded by any justice on any summary conviction to any member of the Police Force as the prosecutor of any information or otherwise, shall instead of being paid to him be paid to the Treasurer of the State, to be by him applied and set apart towards a Fund to be called "The Police Reward Fund," out of which shall be paid to the members of the Force appointed under this Act, or to the widows of any such members, such rewards, bounties, or other allowances as may be directed by any rules made aforesaid. 54. A full account of all dealings with the Police Report to be Reward Fund shall be kept, and in every year not later ~ ~ : i~ ! ~ ~ to than the thirtieth day of September a complete statement

16808 POLICE. PART V.- POLICE REWARD FUND. Police Act. 1 GEO. VI. No. 12, of ~ ll moneys paid into the Fund and invested during the preceding year, together with a full report on the state of the Fund shall be submitted to the Minister. Audit. 55. The Auditor-General, or such officer of his staff as he may from time to time appoint, shall once at least in every year examine the books and accounts of the Fund and shall report thereon to Parliament. Transfer of 56. It shall be lawful for the Governor with the aFpnuolniJ?uc- deattsioounper- oadr vciocenvoefmth. eenEt, xaetcuatnivye tCI.mouenctiol, itfriatnSb £ leedr eaenmdedcnarercyesosavreyr Fund. atly portion of such Fund to the Police Superannuation Fund. PART VI.- PART VI.-ApPEALS. ApPULS. Appeals 57. (1.) If any member of the Police Force of or fsCriooommnemrthi; se- obeflmowiscothneducrta, nokr ounf fistneensios, r orsenreggelaenctt oofnorthveiolgartioounndosf Appeal Board. or absence from duty, or any other offence against discipline, has been dismissed from the Police Force, or disrated or fined by the Commissioner of Police, and any officer of the Police Force below the rank of senior sergeant who is dissatisfied with the promotion of any other officer to a rank above his own but not of a higher rank than that of senior sergeant may in such manner and within such time as may be prescribed by the rules appeal to a Board (herein called "The Appeal Board") which shall be constituted for the purpose of such appeal. How composed. (2.) The Appeal Board shall' consist of three persons, namely- (a) A police magistrate who shall be appointed in each case by the Minister; (b) A person to be appointed in each case by the Commissioner of Police; and (c) A member's representative nominated in each case by the Executive of the Queensland Police Union: provided that such member's representative shall be either a member of the Police Force, who is a member of such Police Force at the time of the hearing of the appeal concerned, or the General Secretary of the Police Union. Chairman. The police magistrate appointed as aforesaid shall be the chairman of the Appeal Board.

1937. POLICE. Police Act. 16809 PART VI.- AprnALS. (3.) The Appeal Board shall hear and determine Meeting. the appeal. The secretary of the Commissioner shall convene the Appeal Board, and shall keep a record of all proceedings thereof and decisions arrived at. (4.) All powers of the Appeal Board may be exercised Board to act by a majority thereof. by majority. (5.) Appeals in the Southern Division of the State Venue. may be heard in Brisbane and elsewhere in such Division; appeals in the Northern and Central Divisions of the State may be heard at Townsville and Rock- hampton or elsewhere within the said Divisions respectively: Provided that where members of the Police Force are employed in r~ mote localities and where arrange- ments cannot be conveniently made for their attendance in person, whether as appellants or witnesses, or where they would be subjected to great expense in travelling to appear before the Appeal Board, the Commissioner may appoint a competent person or persons to take evidence on oath in that locality concerning the matter of appeal. Such evidence shall be forwarded for consideration of the Appeal Board. (6.) Every appeal shall be in writing, shall clearly Lodging and and concisely set forth the grounds upon which the hear~ g of appeal is made, shall be despatched to the secretary ofappea. the Commissioner within thirty days after the date when the appellant receives the decision which is appealed against, and shall be heard by the Appeal Board as early as practicable after the date when the appeal is received by the said secretary: Provided that the Appeal Board may decline to hear or entertain any matter of appeal which, in their opinion, is based on trivial or frivolous grounds. The said secretary shall give to the appellant four clear days' notice of the date when the appeal will be heard. (7.) The parties to the appeal shall be entitled to Procedure. subpama witnesses in the same manner and subject to the same penalties and conditions as witnesses may be summoned to give evidence before justices in petty sessions, and to have all witnesses examined on oath or affirmation.

16810 PART VI.- APPULS. POLICE. Police Act. 1 GEO. VI. No. 12, Representa- In any proceedings before the Appeal Board the tion. Commissioner and the appellant may respectively be represented by his counsel, solicitor, or agent duly appointed in writing in that behalf, who may examine witnesses and address the Appeal Board. Duty of Board. (8.) The Appeal Board shall investigate in open court every appeal and transmit the evidence taken together with their decision thereon to the Commissioner. They shall make their inquiry without regard to legal forms and solemnities, and shall direct themselves by the best evidence they can procure or that is laid before them, whether the same is such evidence as the law would require or admit in other cases or not. *" The Official Inquiries Evidence Acts, 19lO to 1929," shall be applicable to every appeal had under this section. Duty of Commis- sioner. (9.) The Commissioner shall transmit such decision and evidence together with his report and recommendation thereon to the Minister. P C Go o ow u v n ee c rr i sn l. oorf in in Co( 1u0n. c)ilUmpaoyn accoqnusiidt etrhaetioapnpoeflltahnet mofatttheer tchhearGgoevmerandoer or, upon being satisfied that the commission of any offence has been established, may according to the nature of the offence award such of the following punishments as the case may seem to require, whether the Commissionerhas imposedor recommended them or not:-- (a) A reprimand; (b) Deprivation of leave; (c) Reduction of salary; (d) Disrating; (e) Suspension without pay; (/) Enforced resignation; (g) Dismissal. (11.) In the case of an appeal against the promotion of another officer, if the Appeal Board upholds the appeal the Governor in Council shall upon consideration of the matter make such order as appears to him to be just. * 1 Geo. V. No. 26 and amending Act, 'supra, pages 748 (It seq.

1937. POLICE. Police Act. 16811 PART VI.- ApP!nALB. (12.) In all cases where the appellant is successful and the Appeal Board considers that reasonable expenses or any part thereof should be paid to the appellant, the chairman shall certify accordingly : Provided that in the case of an appeal against the promotion of another officer the Commissioner shall not be liable for the travelling or any other expenses of any witness, summoned by or on behalf of the appellant except in cases where the appellant is successful and the chairman certifies that the evidence of such witness is necessary and material: Provided further, that the approval of the Minister shall be obtained before payment in respect of any such expenses is made. 58. Notwithstanding anything contained in any No appeal other Act, no appeal from a decision, either of the App~ al ~ ~ : tEral Board or of the Governor in Council (or, save as herem- Gove~ or in before provided, from the Commissioner) with respect CounCIl. to any member of the Police Force shall lie or be permitted to the Court of Industrial Arbitration or to any other court or tribunal whatsoever, and no writ of prohibition or mandamus or certiorari shall lie in respect thereof. PART VII.-GENERAL. PG~~ ~.- 59. Any person who assaults or resists, or aids or Ass.suIts on incites any other person to assault or resist, any member pohce. of the Police Force in the execution of his duty shall be liable to a penalty not exceeding ten pounds or to imprisonment with or without the option of a fine for any term not exceeding three months. 60. Any person who knowingly harbours or Penalty on entertains any member of the Police Force, or permits E:~ b°Z:ring any member of the Police Force to abide or remain in EOliC~ during his house, shop, room, or other place during any part d~ f~ of of the time appointed for' such .member being on duty y elsewhere, shall be guilty of an offence and liable, except as is hereinafter provided, to a penalty not exceeding ten pounds: Provided that where any person who offends against this section is a licensee within the meaning of *" The Liquor Acts, 1912 to 1935," such person shall in lien of .. 3 Geo. V. No. 29 and amending Acts, 8upra, pages 5527 et 8eq.

16812 PART VII.- GENERAL. POLICE. Police Act. 1 GEO. VI. No. 12, offending against this section be deemed to be guilty of an offence against section eighty-two of *" The Liquor Acts, 1912 to 1935," and shall be liable accordingly, and to the further intent that nothing in this section shall prejudice or affect such lastmentioned Acts. Exemption from tolls. 61. (1.) Every member of the Police Force on actual duty as such, and all prisoners under their charge, and all motor vehicles, carriages, and horses exclusively employed in carrying or conveying such members of the Police Force or their prisoners or baggage or returning therefrom shall be exempt from payment of any tolls or dues in passing any toll-gate, turnpike, road, bridge, or ferry, any Act or law to the contrary notwithstanding. Penalty for (2.) Any toll-collector who demands or receives any sdaemmea. nding duty or toll contrary to this Act shall be liable to a penalty not exceeding ten pounds or to imprisonment for any period not exceeding six months. Puennaltylfaor w f u 6 l 2 ' Any person who , not being a member of the possession of Police Force- accoutre. ments or (a) Has in his possession any arms, ammunition. wearing uniform, &c. article of clothing, accoutrements, or appoint- ments of the Police Force, and does not satisfactorily account for such possession; or (b) Without the permission of the Commissioner and otherwise than in the course of a stage play, a music hall or circus performance, or a ball, wears the uniform, or any colourable imitation of the uniform, of a member of the Police Force; or (c) Assumes the name, designation, or description of a member of the Police Force or of any class of such members; or (d) For the purposes of or in connection with any business, occupation, or employment- (i.) Assumes or uses the designation of detective or private detective, or any other designa- tion which includes the word" detective," or the name, designation, rank, or description of any member of the Police Force or of any class of such members, or * 3 Geo. V. No. 29 and amending Acts, 8upra, pages 5527 et 8eq.

POLICE. 16813 - - - - - - - - - - - - - - - - - - - - - - - - PAR'I'VII.- 1937: Police Act. GENEBAL. (ii.) Uses the designation, rank, or description which he previously held in the Police Force, shall be guilty of an offence and be liable to a penalty not exceeding ten pounds or to imprisonment for any period not exceeding six months. 63. (1.) Any person to whom any allowance, Officers compensation, remuneration, or superannuation has been sUP~ted granted under the provisions of this Act or the repealed ~ ~ to ~ ~ ist Acts who- i th ll ekpeeepamceg. (a) Refuses when called upon by the Commissioner&c. to assist in the suppression of any riot or breach of the peace or in the apprehension of any offender; or (b) Is convicted of any crime, misdemeanour, or other disgraceful conduct; or (c) Commits any fraud with respect to the claiming, obtaining, or receiving such allow- ance, compensation, remuneration, or super- annuation, or conceals his enjoyment of the same for the purpose of evading the provisions of this Act; or (d) Assumes a false name, or makes a false statement as to· his place. of residence for the same or any other fraudulent purpose; or (e) Fails to conform to any rule respecting notification of residence and changes of residence laid down for his guidance, • shall be liable, in addition to any other punishment to which he may by law be liable, at the pleasure of the Governor in Council to forfeit the whole or any part of such allowance, compensation, remuneration, or superannuation. (2.) Any such. person who without leave previously granted by the Minister departs from Queensland shall be liable to the like forfeiture during his absence. ·64. Subject to this Act, any person offending Where against any of the following provisions of this Act, that ~ ffendert! d8Y is to say, against sections 34, 59, or 62 (a), (b), and (c), e arres . may be arrested, anything contained in *" The Justices Acts, 1886 to 1932," or any other Act to the contrary notwithstanding: * 50 Vie. No. 17 and amending Acts, supra, pages 1132 et Beg.

16814 PAR'l'VII.- GENERAL. POLICE. Police Act. 1 GEO. VI. No. 12, Provided that this section shall not limit or be deemed to limit the power and authority to proceed against an offender by way of complaint or summons under *" The Justices Acts, 1886 to 1932." Warrant and 65. Upon complaint on oath made before any parerressotnof justice of the peace by any person that he believes on offending reasonable grounds that an offence against this Act has against Act. been committed, such justice may by warrant under his hand directed to any member of the Police Force order the alleged offender to be arrested and brought as soon as practicable before a court to be dealt with according to law. oLfimacittiaotniosn. any 6 p 6 er . so (1 n .) foAr nanayctthioinng shdaolnle noort ibnetenbdreodugohrt oamgaititnesdt to be done under this Act until the expiration of one month after notice in writing has been served on such person clearly stating the cause of action and the name and address of the intended plaintiff and of his solicitor or agent. On the trial of any such action the plaintiff shall not be permitted to go into evidence of any cause of action which is not stated in the notice so served. Unless such notice is proved the court shall find for the defendant. Every such action shall be commenced within two months next after the accruing of the cause of action and shall be tried in the circuit, district, or place where the cause of action occurred and not elsewhere. Any person to whom any such notice of action is given may tender amends to the plaintiff, his solicitor, or agent at any time within one month after service of the notice, and in case the same is not accepted may plead such tender. Costs. (2.) In any such action, if a verdict is given for the defendant or the plaintiff becomes non-suited or discontinues after issue joined, or if upon demurrer or otherwise judgment is given against the plaintiff, the defendant shall recover his full costs as between attorney and client and have the like remedy for the same as any defendant has by law in other cases, and if a verdict is given for the plaintiff he shall not have costs against the defendant unless the judge before whom the trial is held certifies his approbation of the action and of the verdict obtained thereupon. * 50 Geo. V. No. 17 and amending Acts, 8upra, pages 1132 et 8eq.

1937. POLICE. Police Act. 16815 PART VII.- GENERAL. 67. (1.) Any goods and chattels which have lawfully Unclaimed come to the possession of any member of the Police goods i~ Force and which are unclaimed shall be sold and disposed ~ ~ ~ is: : s~ ~ t of by the direction of the Commission2T by public auction be sold: by (a notice of such sale having been previously published~ ~ : ~ ls­ thrice in the Gazette) and the clear produce of such sale shall unless claimed within twelve months thereafter be applied to the Police Reward Fund and every such sale shall be valid against all persons, and no person selling any goods or chattels under this enactnient shall be subject or liable to pay any auction or other duty in consequence of such sale. (2.) In the case of any such goods and chattels as Perishables; are in his opinion of a perishable nature or are unsaleable, how to be or are art 1 · 0 1es 0 f f 00 d , the COmn1. lS.SlOner may I.n hI' S disposed of. absolute discretion direct that they be delivered over to the superintendent or any other officer in charge of a benevolent institution for the benefit of the inmates thereof: Provided that in any town or place where no benevolent institution is established the Commissioner may dispose of same towards any charitable purpose. 68. (1.) When any person arrested or charged with Police officer any offence punishable on summary conviction or for ~af ~ ake any petty misdemeanour is brought without warrant r:c~~izance. into the custody of any police officer during his attendance at any police station or watch-house, if such person cannot· be immediately brought before a court, such officer may if he deems it prudent take bail by recognizance in such reasonable sum as such officer deems sufficient, with or without sureties from such person conditioned as hereinafter mentioned, or by way of bail may accept such reasonable deposit of money as such officer deems sufficient. (2.) Every such recognizance shall be conditioned for the appearance in his own proper person of the person thereby bound before a co-urt at the next sittings of such court. It shall be of equal obligation on the persons entering into the same and subject to the same proceedings for the estreating thereof as if the same had been taken before a justice. (3.) The police officer shall enter in a book to be kept for that purpose at every such station or watch- house the name, address, and the occupation of the person and his surety or sureties (if any) entering into such recognizance, together with the condition thereof,

16816 PART VII.- GENERAL. POLICE. Police Act. 1 GEO. VI. No. 12, or making such deposit in money as aforesaid, and the sum thereby acknowledged, and shall return every such recognizance to the court at the time and place when and where such person is bound to appear. (4.) If the person does not appear at the time and place required the court shall cause a record of such recognizance to be drawn up and signed by the police officer, and shall order such recognizance to be estreated and the same shall be estreated accordingly; or if a deposit in money by way of bail has been accepted, shall order such bail to be forfeited, and the same shall be forfeited accordingly. (5.) If· the person not appearing applies by his counsel or solicitor for a postponement of the hearing of the charge and the court consents thereto, the court may enla.rge the recognizance to such time as it appoints. (6.) When the person bound appears and the matter is heard and determined, the recognizance shall be discharged; or if a deposit. in money by way of bail has been accepted. the amount thereof shall be paid over to the person making the deposit unless the court orders the same or any part thereof to be applied in or towards payment of any penalty or costs imposed. Protection of 69. Where an action is brought against any member ili~ ~ ~ I~ eof of the Police Force for any act done in obedience to the Force. warrant or order of a magistrate or justice, such member shall not be responsible for any irregularity in the issuing of the warrant or order or for want of jurisdiction in the magistrate or justice issuing the same; and upon producing such warrant or order, and on proof that the signature thereto is in the handwriting of the person whose name appears subscribed thereto, and that such person is reputed to be and acts as a magistrate or justice possessing jurisdiction in the case, and that the acts complained of were done in obedience to such warrant, the tribunal trying the said issue shall find a verdict for such member and such member shall recover his costs of suit. Existing laws affecting constables saved. 70. Nothing in this Act contained shall be deemed to diminish the duties or restrict or affect the liabilities of members of the Police Force at common law or under any Act now in force or hereafter to be passed. Proceedings. 71. All proceedings for offences under this Act shall be taken and all penalties recovered in a summary way under *" The Justices Acts, 1886 to 1932." * 50 Vic. No. 17 and amending Acts, 8upra, pages 1132 et 8eq.

1937. POLICE. Police Act. 16817 PART VII.- GENERAL. Proceedings for offences against this Act may be instituted within one year after the offence is committed or within six months after the discovery of the offence by the complainant, whichever is the later period. 72. Save as is otherwise provided by this Act, all Appropria- penalties and forfeitures imposed by this Act shall when tion? t~ recovered be paid and applied as o follows :-that is to pena les. say, one moiety into the Consolidated Revenue Fund, and the other moiety into the Police Reward Fund. 73. Save as is herein otherwise expressly provided, Saving of nothing in this Act contained shall be taken to prevent rdi.ght. to & any mem b er 0 f t h e P 0 1 I · Ce F orce f rom b e ' mg d I ' SC h arge dI , smIss, o. dismissed, or otherwise removed from office in the same manner in all respects as if this Act had not been passed. 74. (1.) The Governor in Council may from time Regulations. to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or expedient to carry out the objects and purposes of this Act. (2.) Regulations may be made on the passing of this May be Act. : a~ ~ 7n~ nOf Act. (3.) The regulations may fix a penalty not exceeding May fix in any case twenty pounds for any breach thereof. penalty. 75. All Orders in Council and regulations made or Order~ in purporting to have been made under this Act shall be ~ e~ : ~ ~ ~ \ : ! d published in the Gazette, and thereupon shall be of the to fOl:,m part same effect as if they were enacted in this Act and shall of this Act. be judicially noticed, and shall not be questioned in any proceedings whatsoever. The pUblication in the Gazette of any such Order in Council or regulation shall be conclusive evidence of the matters contained therein and of the power and authority to make such Order in Council or regulation. All Orders in Council and regulations shall be laid before the Legislative Assembly within fourteen days after such publication, if Parliament is in session; and if not, then within fourteen days after the commencement of 1;he next session. If Parliament passes a resolution disallowing any such Order in Council or regulation, of which resolution notice has been given at any time within fourteen

16818 POLICE. VII.- PART -- - - - - - - - - - - - -- --- -~- --- -­ GENERAL. Police Act. 1 GEO. VI. No. 12, 1937. sitting days of such House after such Order in Council or regulation has been laid before it, such Order in Council or regulation shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime. For the purpose of this section, the term "sitting days" shall mean days on which the House actually sits for the despatch of business. SCHEDULE. Year and Number of Act. Title of Act. Extent of Repeal. 2 Vic. No. 2 11 Vic. No. 44 19 Vic. No. 24 27 Vic. No. 1I 45 Vic. No. 12 49 Vic. No. 2 55 Vic. No. 32 2 Geo. V. No. 13 3 Geo. V. No. 32 12 Geo. V. No. 4 15 Geo. V. No. 8 19 Geo. V. No. 15 4 Vic. No. 17 7 Vic. No. 21 .. 17 Vie. No. 36 .. 19.Vic. No. 8 1 Edw. VIII. No. 6 " The Police Act of 1838 " Whole Act " The Police Act Amendment Act of Whole Act 1848 " " The Police A ct of 1855 " The remain· der of that Act not re- pealed by the Sched- ule to *"The Vag- rants, Gam- ing, and Other Offen- ces Act of 1931." " The Police Act of 1863 " .. Whole Act " The Police Jurisdiction Exten8ion Whole Act Act of 1881 " " The Police Officer8' Relief Act of Whole Act 1885 " " The Police Act of 1863 Amendment Whole Act Act of 1891 " " The Police Acts Amendment Act Whole Act of 1911 " " The Police Act8 Amendment Act of Whole Act 1912 " " The Police Act8 Amendment Act of Whole Act 1921 " " The Police Act8 Amendment Act of Whole Act 1924 " " The Police Acts Amendment Act of Whole Act 1928 " "The Water Police Act of 1840 " Whole Act "The Water Police Act of 1843 " Whole Act "The Water Police Act of 1853 " Whole Act "The Water Police Act of 1855 " Whole Act " The Police Superannuation Whole Act Declaratory A ct of 1936 " * 22 Oeo. V. No. 27, 8upra, page 13987.