Police Acts Amendment Act of 1953 (2 Eliz Ii No. 12) (Qld)

240 POLICE. Police Acts Amendment Act. 2 E liz . II. No. 12, POLICE. 2NoLIZi 2 n An Act to Amend “ The Police Acts, 1937 to 1951,'' * ha ™ ice A mendment A.CT OP 1953- in certain particulars. [A ssented to 26 th N ovember , 1953.] E it enacted by the Queen’s Most Excellent Majesty, B by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title eonatruetio Collective title* 1. This Act may be cited as “ The Police Acts Amendment Act of 1953,” and shall be read as one with *“ The Police Acts , 1937 to 1951,” herein referred to as the Principal Act. The Principal Act and this Act may collectively be cited as “ The Police Acts, 1937 to 1953.” Amendments 2. Section four of the Principal Act is amended— ° s' ' (i.) By repealing in the definition of the term “ Minister ” in that section the words “ The Secretary for Health and Home Affairs or other ” and by inserting, in lieu of those repealed words, the word “ The ”. (ii.) By inserting after the definition of the term “ Pay and salary ” in that section the following definition:— Police Force. “ “ Police Force ” or “ Force ”—Police Force of the © State of Queensland, and includes all members appointed to the Police Force ; ”. Amendments 3. (1.) Subsection (2 a ) of section six of the Principal of s. e. Act is repealed and the following subsection is inserted in lieu of that repealed subsection :— “ (2 a .) The Commissioner shall be paid a salary at such rate per annum as may be determined by the Governor in Council from time to time.” (2.) The following subsection is inserted after subsection (2 a ) of section six of the Principal Act, as previously inserted by subsection one of this section, namely:— “ (3.) If, at or during the time of any absence from duty for any reason whatsoever of the Commissioner, or of any vacancy in the office of the Commissioner, there * 1 G. 6 No. 12 and amending Acts.

POLICE. 1953. Police Acts Amendment Act. is not a Deputy Commissioner of Police in office, or the Deputy Commissioner in office for the tupe being is unable for any reason whatsoever to act as Commissioner, the Governor in Council may appoint some other person to act temporarily as the Commissioner during the period of the absence from duty, or vacancy in the office, of the Commissioner in respect whereof there is not a Deputy Commissioner in office or, as the case may be, the Deputy Commissioner in office for the time being is unable to act as Commissioner. While a person acts as the Commissioner pursuant to an appointment under this subsection he shall have and may exercise and perform all of the powers, functions, authorities and duties of the Commissioner. Any power, function, authority or duty of the Commissioner, purporting to be exercised or performed by a person pursuant to an appointment under this subsection shall, until the contrary is proved, be presumed to have been so exercised or performed lawfully.” 241 4. Section eight of the Principal Act is repealed and Repeal of the following section is inserted in lieu of that repealed ®ng new section:— “ [5.] ( 1 .) The Governor in Council may from time Appointment to time appoint such number of inspectors and eotors sub-inspectors of the Police Force as may be found &cfeC necessary. . (2.) The Governor in Council may from time to time assign any inspector or sub-inspector to any Police District, or to the Criminal Investigation Branch of the Police Force, or to the establishment known as the Police Depot, or to the office establishment of the Commissioner. (3.) Inspectors and sub-inspectors who are assigned to Police Districts shall, subject to the control and authority of the Commissioner, be respectively charged with the government, direction, and superintendence of the Police Force for the time being stationed within the Police Districts to which they are assigned: Provided that the authority of any such sub-inspector may be limited in relation to the Police Force as the Governor in Council may direct.

242 POLICE. Police Acts Amendment Act. 2 E liz . II. No. 12, {4.) Inspectors and sub-inspectors who are not assigned to any Police District shall have such authority in relation to the Police Force as the Governor in Council may direct and, in so far as not directed by the Governor in Council, as the Commissioner may direct.” Amendment 5, The first paragraph of section ten of the Principal ° 8‘ ' Act (being that paragraph commencing with the words “ The Commissioner ” and ending with the words “ in the State ”) is repealed and the following paragraph is inserted in lieu of that repealed paragraph :— “ The Commissioner shall appoint so many sergeants and constables of the Police Force of different grades as he deems necessary for the preservation of the peace and order, the prevention of crime, and the apprehension of offenders throughout Queensland, and upon sufficient proof of misconduct or unfitness, shall have power to dismiss any sergeant or constable:”. Aofms.en1d1m( 2e) n. t Act i 6 s . reSpuebasleecdtioanndtwtoheoffoslelcotwioinngelseuvbesnecotfiotnheisPirninsecripteadl in lieu of that repealed subsection:— “ (2.) Such rules may provide that any member of the Police Force found upon a summary investigation by the Commissioner to be unfit to continue to be a member of the Police Force or guilty of misconduct, or neglect or violation of or absence from duty, or neglect or refusal to obey a lawful order or to obey or execute any process lawfully directed to be obeyed or executed by him or to be guilty of any other offence against discipline, shall be liable to be punished by the Commissioner by being dismissed from the Police Force, disrated, fined a sum not exceeding five pounds, transferred, or reprimanded. Any such investigation may, subject to the rules, be conducted in any way that the Minister directs. The power to make rules under subsection one of this section may be exercised from time to time and shall include power to repeal, amend, or otherwise modify any such other rules.” Amendments ofs. 14. 7. Section fourteen of the Principal Act is amended— (i.) By repealing therein the words “ Sovereign Lord King George the Sixth ” and by inserting, in lieu of those repealed words, the words “ Sovereign Lady Queen Elizabeth the Second and Her Heirs and Successors according to law ”; and

1953. POLICE. Police Acts Amendment Act. 243 (ii.) By repealing therein the words “ His Majesty’s ” and by inserting, in lieu of those repealed words, the words “ Her Majesty’s 8. Section fifteen of the Principal Act is amended Amendment by repealing therein the words “His Majesty” and byofs‘16' inserting, in lieu of those repealed words, the words “ Her Majesty 9. Section nineteen of the Principal Act is amended Amendment by repealing therein the words “ His Majesty ” and by ofs'19' inserting, in lieu of those repealed words, the words “ Her Majesty 10. Section twenty-one of the Principal Act is Amendment amended by repealing therein the words “ His Majesty ” of s‘21, and by inserting, in lieu of those repealed words, the words “Her Majesty”. 11 . Section twenty-three of the Principal Act is Amendments amended— of s- 23- (i.) By repealing therein the words “ any lawful order (ii.) By repealing therein the words “or is guilty of any other misconduct, neglect, violation of, or absence from duty ”. (iii.) By adding to that section the following proviso :— “ Provided that such an offender may be prosecuted and convicted under the provisions of this section or, if the rules made under this Act for the general government and discipline of the members of the Police Force provide for the punishment of his offence, he may be dealt with under those rules, but he shall not be punished both under those rules and under this section for the one offence.” 12. Section twenty-six of the Principal Act is Ajmamtaienta amended— (i.) By repealing therein the words “ Sovereign Lord King George the Sixth ” and by inserting, in lieu of those repealed words, the words “ Sovereign Lady Queen Elizabeth the Second and Her Heirs and Successors according to law ” ; and (ii.) By repealing therein the words “ His Majesty’s ” and by inserting, in lieu of those repealed words, the words “ Her Majesty’s ”.

244 POLICE. Police Acts Amendment Act. 2 E liz . II. No. 12, Amendment 13. Section forty-one of the Principal Act is °f s. 41 . amended by inserting therein after the words “ five years or upwards in the Police Force ” the words “ and is not entitled to any superannuation allowance prescribed by this Part of this Act Amendments 14. Section fifty of the Principal Act is amended— ' (i.) By repealing in the first paragraph thereof the brackets and words “ (hereinbefore referred to as “ the Board ”) ” and by inserting, in lieu of those repealed brackets and words, the words and brackets “ to be known as “ The Police Investment Board ” (in this Part of this Act referred to as “ the Board ”) (ii.) By repealing in the first paragraph thereof the words “ Under Secretary, Department of Health and Home Affairs ” and by inserting, in lieu of those repealed words, the words “ the Under Secretary (iii.) By adding thereto the following paragraph, namely:— “ In this section the term “ Under Secretary ” means the Under Secretary of the Department of the Government of the State of Queensland administered by the Minister and includes any person performing for the time being the duties of the office of such Under Secretary.” Amendments 15. Section fifty-seven of the Principal Act is of8‘ 57' amended— (i.) By repealing subsection one thereof and by inserting, in lieu of that repealed subsection, the following subsection, namely:— • “ (1.) Any member of the Police Force of or below the rank of senior sergeant who, having been found upon a summary investigation by the Commissioner to be unfit to continue to be a member of the Police Force or guilty of misconduct, or neglect or violation of or absence from duty, or neglect or refusal to obey a lawful order or to obey or execute any process lawfully directed to be obeyed or executed by him, or to be guilty of any other offence against discipline, shall have been punished by the Commissioner by being dismissed from the Police Force, disrated, fined, transferred, or reprimanded, and any member of the Police Force below the rank of senior sergeant who is dissatisfied with the promotion

1953. POLICE. Police Acts Amendment Act . 245 of any other member to a rank next 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 made under this Act appeal to a Board (herein called “ The Appeal Board ”) which shall be constituted for the purposes of such appeal.” (ii.) By repealing subparagraph (a) of subsection two of that section and by inserting, in lieu of that repealed subparagraph, the following subparagraph :— “ (a) A stipendiary magistrate who shall be appointed by the Governor in Council either generally or in each case.” (iii.) By repealing in the second paragraph of subsection two of that section the words “ police magistrate ” and by inserting, in lieu of those repealed words, the words “ stipendiary magistrate ”. (iv.) By adding to subsection five of that section the following paragraph “ For the purposes of this subsection and unless otherwise defined by regulations made under this Act— (i.) The Southern Division of the State shall comprise the following Police Districts for the time being, namely the Brisbane, Fortitude Valley, South Coast, Ipswich, Toowoomba, Roma, Charleville, and Maryborough Police Districts; (ii.) The Central Division of the State shall comprise the following Police Districts for the time being, namely the Rockhampton, Mackay, and Longreach Police Districts ; and (iii.) The Northern Division of the State shall comprise the following Police Districts for the time being, namely the Townsville, Cairns, and Cloncurry Police Districts.” ' 1 6. Section fifty-nine of the Principal Act is Amendment amended by repealing therein all words from andof8,59, including the words “ shall be liable ” to the end thereof and by inserting, in lieu of those repealed words, the words “ shall be liable to a penalty not exceeding one hundred pounds, or to imprisonment for a term not exceeding six months, or to both that penalty and imprisonment ”.

246 POLICE. Police Acts Amendment Act. 2 E liz . II. No. 12,, New s. 60 a inserted. Corrupting member of the Police Force. 17. The following section is inserted after section sixty of the Principal Act, namely :— “ [60 a .] Any person who corruptly gives, confers or procures, or attempts to give, confer or procure, or promises or offers to give, confer or procure to, upon or for any member of the Police Force any property or benefit of any kind for himself or any other person, on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by that member of the Police Force with a view to corrupt or improper interference with the due execution by that member of the Police Force of his duty as such member, or the procurement or facilitation of any offence, or the protection of any offender or intending offender from detection or punishment shall be guilty of an offence against this Act and liable to a penalty not exceeding one hundred pounds or to imprisonment for a term not exceeding six months, or to both that penalty and imprisonment. Where an offence under this section is also an offence under *“The Criminal Code ” the offender may be prosecuted either under this section or under *“ The Criminal Code ” but so that he shall not be twice punished for that offence.” Amendments 18. Section sixty-eight of the Principal Act is °fs. e8. amended as follows :— Power of member of the Police Force to take bail. (a) Subsection one of that section is repealed and in lieu of that repealed subsection the following subsection is inserted, namely :— “ (I.) When— (a) Any person arrested for or charged with any offence punishable upon summary conviction (including any indictable offence punishable upon summary conviction) is brought without warrant; or ( b ) Any person arrested upon warrant under the Gaming Acts is brought, into the custody of a member of the Police Force during his attendance at any police station or watch-house, if that person cannot be immediately brought before a court, that member of the Police Force may if he deems it prudent take bail by recognizance in such reasonable sum as that member deems sufficient (with or without * 63 V. No. 9, Sch. I. (as subsequently amended).

POLICE. 247 1953. Police Acts Amendment Act. sureties) from that person conditioned as hereinafter in this section specified, or by way of bail accept such reasonable deposit of money as that member deems sufficient. In this subsection the term “ Gaming Acts ” means and includes *“ The Gaming Act of 1850,” f“ The Suppression of Gambling Acts, 1895 to 1948,” and any Act passed in amendment of or substitution for those Acts or either of them.” (b) Subsection three of the said section sixty-eight is amended by repealing therein the words “ police officer ” and by inserting, in lieu of those repealed words, the words “ member of the Police Force ”. (c) Subsection four of the said section sixty-eight is amended by repealing therein the words “ police officer” and. by inserting, in lieu of those repealed words, the words “ member of the Police Force ”. 19. Section seventy-one of the Principal Act is Amendment amended by adding thereto the following paragraph :— ofs‘ 71' “ Any person who contravenes or fails to comply with any provision of this Act shall be guilty of an offence against this Act.” 20. The provisions of this Act shall not prejudice Savings, or otherwise affect— (i.) Any appointments made before and subsisting at the passing of this Act of inspectors and sub-inspectors of the Police Force of Queensland nor the assignment of any such inspector or sub-inspector to any Police District, or to the Criminal Investigation Branch of the Police Force, or to the establishment known as the Police Depot, or to the office establishment of the Commissioner of Police (it being hereby declared that all inspectors and sub-inspectors always could be so assigned); (ii.) Any appointments made before and subsisting at the passing of this Act of sergeants and constables of police of the different grades; * 14 V. No. 9. f 59 V. No. 9 and amending Acts.

POLICE. Police Acts Amendment Act. 2 E liz . II. No. 12, 1953. (iii.) Any powers, privileges, or advantages given or any duties or responsibilities imposed (otherwise than by the Principal Act and whether before, on, or after the passing of this Act) to or upon all or any members of the Police Force of Queensland by any lawful authority or the common law or by or pursuant to any Statute, Proclamation, Order in Council, rule, regulation, by-law, or other statutory instrument; (iv.) Any rules made under the Principal Act before and subsisting at the passing of this Act (it being hereby declared that power to make rules under the Principal Act always could be exercised from time to time and always included power to repeal, amend, or otherwise modify any other such rules. Subject as determined by the Governor in Council, the Commissioner in office at the passing of this Act shall continue to be paid salary at the rate payable to him at the passing of this Act. Where before the passing of this Act the Commissioner shall have done or taken with respect to any member of the Police Force any thing or step which he is authorised by the Principal Act, as amended by this Act, to do or take, then that thing or step shall be and be deemed to have always been as valid and lawful as if this Act had been in force when it was done or taken.