Police Complaints Tribunal Acts Repeal Act 1990 (Qld)

213 POLICE COMPLAINTS TRI BUNAL A CT S ANALYSIS OF CONTENTS 1. Short title 2. Commencement 3. Interpretation 4. Repeal 5. Savings and transitional ANNO TRICESIMO NONO ELIZABE THAE SECUNDAE REGINAE No.12 of 19 9 0 An Act to repeal the Police Complaints TribunalAct 1982- 1989 and the PoliceComplaintsTribunal ActAmendment Act 1987 and to provide for the assumption of responsibility by the Criminal J ustice Commission [ASSENTED TO 25TH MAY, 1990]

214 Police Complaints Tribunal Acts Repeal Act 1990, No. 12 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title . This Act may be cited as the Police Complaints Tribunal Acts Repeal Act 1990. 2. Commencement . (1) Section 1 and this section commence on the day this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act, or such of them as are specified, commence on a day or days appointed by Proclamation. 3. Interpretation . In this Act, except where a contrary intention appears- "Commission" means the Criminal Justice Commission established pursuant to the Criminal Justice Act 1989; "records" means any material or collection of data in whatever form it is held, including in books, documents, papers, writings, registers or visual representation or on film, disc, tape, perforated roll or other device in which visual representations or sounds are embodied so as to be capable of reproduction therefrom with or without the aid of another process or instrument; "register of complaints" means the registers kept in accordance with the Police Complaints Tribunal Act 1982-1989; "Tribunal" means the Police Complaints Tribunal established pursuant to the Police Complaints Tribunal Act 1982-1989. 4. Repeal. The Police Complaints Tribunal Act 1982-1989 and the Police Complaints Tribunal Act Amendment Act 1987 are hereby repealed. 5. Savings and transitional . (1) Upon the commencement of section 4- (a) the register of complaints, all property or things relating to a complaint or investigation and all records of the Tribunal pass to and become the property of the Commission and are to be held and dealt with as if they were the property of the Commission under the Criminal Justice Act 1989; (b) all complaints received by the Tribunal in relation to a member of the Police Force and not the subject of a final report or recommendation by the Tribunal are to be treated as if they were a complaint of misconduct under the CriminalJustice Act 1989 and are to be dealt with as such under that Act; (c) all members and former members, the secretary and all former secretaries, and all employees and former employees of or assigned to the Tribunal are and remain subject to all oaths or affirmations of secrecy concerning matters coming

Police Complaints Tribunal Acts Repeal Act 1990, No. 12 215 to their knowledge in the course of their duty or obligations to maintain secrecy and are not to disclose any information concerning any matter save as was permitted by the PoliceComplaints Tribunal Act1982-199 or ratified by the PoliceComplaints Tribunal ActAmendment Act 1987 or as required by the Commission. (2) The use of any information contained in the register of complaints or the property , things or records transferred pursuant to subsection (1) by the Commission or any person or body acting on its behalf pursuant to the Criminal Justice Act 1989 is not to be the subject of any challenge on the ground of any breach of any oath or affirmation of secrecy taken under the Police Complaints Tribunal Act1982- 1989 or any obligation to maintain secrecy imposed by law or otherwise. (3) The disclosure of any information by the Tribunal in accord- ance with section 14A of the Police Complaints TribunalAct 1982-1989 prior to the commencement of section 4 is not rendered unlawful by the enactment of this Act.