Police (Photographs) Act Amendment Act 1976 (Qld)

528 ^1tEE21^ .^22SI1^ ANNA .. VICESIMO QUINTO ELIZABETHAE SECIJNDAE REGINAE No. 56 of 1976 An Act to amend T he Police ( Photographs ) Act of 1966 in certain particulars [ASSENTED TO 3RD NOVEMBER, 1976] 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 and citation . (1) This Act may be cited as the Police (Photographs) Act Amendment Act 1976. (2) In this Act The Police (Photographs) Act of 1966 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Police (Photographs) Act 1966-1976. 2. Repeal s. 3 and new ss. 3 and 4 . The Principal Act is amended by repealing section 3 and substituting the following sections:- " 3. Payment for photographic prints. A person for whom a print of a photograph is made by or on behalf of a member of the Police Force in the execution of his duty, pursuant to this Act or otherwise, shall pay for each such print a reasonable sum fixed by the Commissioner appointed under the Police Act 1937-1973 for the costs and expenses of and in connexion with printing and supplying the same.

Police (Photographs) Act Amendment Act 1976, No. 56 529 The Commissioner may fix different sums in respect of the printing and supply of prints of different classes, types or sizes and may fix a sum in respect of the printing and supply of a particular print. 4. Entitlement to photographic prints. When a print of a photograph has been exhibited in any court or tribunal by or on behalf of the Crown or a member of the Police Force in the execution of his duty a person who requires a print of such photograph for a prescribed purpose shall be entitled, subject to this Act, to have such print.". 3. New s. 5. The Principal Act is amended by inserting after section 4 the following section:- " 5. Procedure to obtain photographic print. (11 A person who requires a print of a photograph referred to in section 4 shall make his request therefor, in writing, to the person who has custody of the photograph and shall therein indicate the purpose for which he requires the print and shall pay to the person who has such custody the sum fixed by the Commissioner pursuant to section 3 that is applicable to the printing and supply of the print sought. (2) If the person who has custody of the photograph is satisfied that the person making the request is entitled as prescribed to the print sought and that the relevant sum has been paid he shall take all steps necessary to have the print made and supplied. (3) Neither the Crown nor any person shall be held liable in law on account of the printing and supply of a print pursuant to this Act.". 4. Renumbering s. 4. The Principal Act is amended by renumbering section 4 thereof as section 6. 5. New s. 7. The Principal Act is amended by adding the following section:- " 7. What a prescribed purpose is. For the purposes of this Act. a prescribed purpose is- (a) the purpose of answering a charge of an offence, the subject matter of or arising out of the proceeding in which has been exhibited a print of the photograph of which a print is required; or (b) the purposes of a proceeding commenced in any court or tribunal, be it the same proceeding in which has been exhibited a print of the photograph of which a print is required or another proceeding; or

530 Police ( Photographs ) Act Amendment Act 1976, No. 56 (c) the purpose of deciding whether to commence a proceeding in any court or tribunal or to make a particular claim therein; or (d) the purpose of deciding whether to defend a proceeding which may be commenced in any court or tribunal or to make or resist a particular claim therein.".