Police Dogs Act 1984 (Qld)

286 ue usla uu ANNO TRICESIMO TERTIO ELIZABE AE SECUN D AE REGINAE No0 24 of 1984 Act to provide for the protection of police dogs and their handlers acting in the execution of their duty and for related matters [ASSENTED TO 22ND MARCH, 1984]

Police Dogs Act 1984, No. 24 287 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 Dogs Act 1984. 2. Act read with Police Act 1937- 1980. This Act shall be read and construed with and as an amendment of the Police Act 1937-1980. 3. Interpretation . In this Act, unless the contrary intention appears- " police dog " means a dog certified at the material time by the Commissioner as being a police dog for the purposes of this Act ; " police dog handler " means a member of the Police Force who at the material time- (a) is certified by the Commissioner as a police dog handler for the purposes of this Act; and (b) is performing his duties as a police dog handler. 4. Police dogs may accompany police dog handlers . Notwithstanding any other Act or law- (a) a police dog under the control of a police, d©gthandier--may enter and be on any place that the police dog handler as a member of the Police Force may lawfully enter or be upon; (b) the Commissioner and a police dog handler in charge of a police dog shall not be liable in any way by reason only that that police dog entered or was on any place in accordance with provision (a). 5. Application of Local Authority ordinances etc. (1) The provisions of any rule, regulation, ordinance or by-law made by any Local Authority pursuant to any Act do not apply- (a) to or in respect of any police dog; (b) to a police dog handler in respect of anything done by him in the execution of his duty as- (i) a member of the Police Force; (ii) a police dog handler. (2) For the purposes of this section, " Local Authority " means a Local Authority constituted under the Local Government Act 1936-1983 and includes Brisbane City Council constituted under the City of BrisbaneAct1924-1982. 6. Obstruction of police dog constitutes obstruction of police dog handler . A person who- (a) obstructs or hinders; or

288 Police Dogs Act 1984, No. 24 (b) aids or incites another to obstruct or hinder, a police dog working under the control of a police dog handler while he is performing his duties as a member of the Police Force obstructs or, as the case may be, hinders that member. 7. Killing or injuring police dogs. (1) A person shall not kill, maim, wound or otherwise injure a police dog or attempt so to do unless he has lawful excuse for so doing. Penalty: $2 000 or imprisonment for two years or both such fine and imprisonment. The provisions of section 4 (3) of the Animals Protection Act1925-1981 do not apply in respect of a police dog at any time when it is under the control of a police dog handler. (2) A court which convicts a person of an offence against this section may, in addition to any penalty which may be imposed, order him to pay to the Commissioner a reasonable sum for- (a) the treatment, care, rehabilitation and retraining of the police dog concerned; and (b) where it is necessary to replace the police dog, the acquisition and training of its replacement. 8. Evidentiary provisions . In any proceedings a document purporting to be signed by the Commissioner stating that at a specified time or during a specified period that- (a) a person specified therein was a police dog handler; or (b) a dog identified therein was a police dog, shall, upon its production in that proceeding, be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the document. 9. Power of arrest . A member of the Police Force who has reasonable grounds to believe that a person has committed an offence against this Act may, without any warrant other than this Act, arrest that person and take him as soon as practicable before a justice to be dealt with according to law. This section does not limit the power and authority to proceed against an offender by way of complaint and summons under the JusticesAct1886-1982. 10. Power to require name, address etc . (1) A member of the police force who- (a) finds a person committing or reasonably suspects a person of having committed an offence or being about to commit an offence against this Act; (b) is making enquiries or investigations with a view to establishing whether or not an offence against this Act, has been committed or is about to be committed by any person and believes on reasonable grounds that such information will assist in the conduct of the investigations; or

Police Dogs Act 1984, No. 24 289 (c) arrests a person in the exercise of a power conferred by this Act, may require that person to state such particulars of his name and address as required by that member and, where he suspects on reasonable grounds that any particular stated is false, may require evidence as to the correctness thereof. (2) A person required under this section to state any particulars who- (a) refuses or otherwise fails to state any of those particulars; or (b) states any false particular, commits an offence against this Act. Penalty: $100 or imprisonment for 2 months. (3) A person required under this section to produce evidence as to the correctness of any particulars who- (a) fails to produce that evidence; (b) produces false evidence with respect to those particulars, commits an offence against this Act. Penalty: $100 or imprisonment for 2 months. 11. Regulations . The Governor in Council may make regulations, not inconsistent with this Act for or with respect to all matters that may be convenient for the administration of this Act or that may be necessary or expedient to achieve the objects and purposes of this Act.