Police Powers and Responsibilities Act 1997 (Qld)
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Queensland POLICE POWERS AND RESPONSIBILITIES ACT 1997 Reprinted as in force on 16 February 2000 (includes amendments up to Act No. 73 of 1999) Warning—see last endnote for uncommenced amendments Reprint No. 1B This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This Act is reprinted as at 16 February 2000. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the ReprintsAct1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • provisions that have not commenced and are not incorporated in the reprint • editorial changes made in earlier reprints.
Queensland POLICE POWERS AND RESPONSIBILITIES ACT 1997 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY Division 1—Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 4 Purposes of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 5 Compliance with Act by police officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 2—Act does not affect certain laws 6 Act does not affect constable’s common law powers etc. . . . . . . . . . . . . . . 11 7 Act does not affect court’s common law discretion to exclude evidence . . 11 Division 3—Act’s relationship to other Acts 8 Relationship to other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9 Inconsistency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Division 4—Public official appointment powers in other Acts 10 Appointment of police officers as public officials for other Acts . . . . . . . . 12 11 Exercise of powers under other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 12 Authorising provisions of other Acts of no effect . . . . . . . . . . . . . . . . . . . . . 13 PART 2—POWERS FOR ENTRY, INSPECTION, INQUIRIES, ARREST AND CRIME SCENES 13 General power to enter to make inquiries, investigations or serve documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 Power to enter etc. for relevant Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 15 Power to enter to arrest or detain someone or execute warrant . . . . . . . . . . 15 16 Gaining access to crime scenes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Police Powers and Responsibilities Act 1997 17 Initial establishment of crime scene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 18 Crime scene warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 19 Way of establishing a crime scene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 20 Powers at crime scene . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 21 Copy of crime scene warrant to be given to occupier . . . . . . . . . . . . . . . . . 20 22 Exercise of crime scene powers in public place . . . . . . . . . . . . . . . . . . . . . . 20 23 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART 3—ROADBLOCKS AND TRAFFIC RELATED POWERS 24 Roadblocks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 25 Powers relating to roads and traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART 4—SEARCHING PEOPLE AND VEHICLES WITHOUT A WARRANT 26 Searching persons without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 27 Searching vehicles without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PART 5—SEARCHING PEOPLE, PLACES AND VEHICLES WITH A WARRANT 28 Search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 29 Powers under search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 30 Copy of warrant to be given to occupier . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 31 Search to prevent loss of evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 32 Notice to produce documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 33 Procedural requirements—notice to produce . . . . . . . . . . . . . . . . . . . . . . . . . 32 PART 6—POWER TO SEIZE EVIDENCE 34 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 PART 7—POWERS RELATING TO ARREST Division 1—Arrest generally 35 Arrest without warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 36 Arrest with warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 37 Power of arrest for offences committed outside the State . . . . . . . . . . . . . . 35 38 Arrest may be discontinued . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 39 Person arrested to be taken before justice . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 2—Alternative to arrest 40 Notice to appear may be issued for offence . . . . . . . . . . . . . . . . . . . . . . . . . 38
3 Police Powers and Responsibilities Act 1997 41 Notice to appear form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 42 Notice to appear must be filed in court without cost to person . . . . . . . . . . 39 43 General particulars only are required on a notice to appear . . . . . . . . . . . . 39 44 Particulars of notice to appear offence must be given in the proceeding . . 39 45 Notice to appear equivalent to a complaint and summons . . . . . . . . . . . . . 40 46 Court may order immediate arrest of person who fails to appear . . . . . . . . 40 47 Court must strike out notice to appear if service insufficient . . . . . . . . . . . 40 PART 8—INVESTIGATIONS AND QUESTIONING 48 Application of part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 49 Removal of persons from lawful custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 50 Initial period of detention for investigation or questioning . . . . . . . . . . . . . . 42 51 Extension of detention period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 52 Effect of unforeseen delays on detention . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 53 Effect of another arrest on questioning period . . . . . . . . . . . . . . . . . . . . . . . . 45 54 When does detention period start for offenders arrested outside Queensland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 55 Persons helping in covert investigations not under arrest . . . . . . . . . . . . . . . 46 PART 9—POWERS IN RELATION TO PERSONS IN CUSTODY Division 1—Search of persons in custody 56 Search of persons in custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 2—Taking identifying particulars 57 Power to fingerprint, photograph etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 58 Destruction of identifying particulars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 59 Identification of suspects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Division 3—Medical and dental procedures 60 Consent or approval needed for performing medical or dental procedure . . 50 61 Presence of independent person required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 62 Performing medical and dental procedures with consent . . . . . . . . . . . . . . . 52 63 Magistrate may approve performance of medical or dental procedure . . . . 53 64 Performing medical and dental procedures without consent . . . . . . . . . . . . 54 65 Power to analyse samples . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 66 Samples and test results to be given to person . . . . . . . . . . . . . . . . . . . . . . . 55
4 Police Powers and Responsibilities Act 1997 PART 10—SURVEILLANCE POWERS 67 Certain Acts do not apply to this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 68 Surveillance warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 69 Emergency use of surveillance devices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 70 Powers under surveillance warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 71 Disclosure of information obtained using surveillance warrant . . . . . . . . . . 61 73 Destruction of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 74 Covert search warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 75 Powers under covert search warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 76 Report on covert search . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 77 Application of the Invasion of Privacy Act . . . . . . . . . . . . . . . . . . . . . . . . . . 66 79 Public interest monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 79A Acting monitor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 80 Monitor’s functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 81 Monitor’s annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 82 Secrecy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 82A Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 PART 11—POWER TO GIVE DIRECTIONS IN NOTIFIED AREAS AND OTHER PLACES Division 1—Directions to move-on 83 When division applies to behaviour . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 84 When division applies to a person’s presence . . . . . . . . . . . . . . . . . . . . . . . . 70 85 Division does not apply to authorised public assemblies . . . . . . . . . . . . . . . 71 86 Proposal for notified area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 87 Declaration of notified areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 88 Direction may be given to person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Division 2—Breaches of the peace and riots 89 Dealing with breach of the peace . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 90 Prevention of riot . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 PART 11A—WATCH-HOUSES 90A Control of persons in watch-houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 90B Transfer of persons in watch-houses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
5 Police Powers and Responsibilities Act 1997 PART 12—STANDARD SAFEGUARDS Division 1—Application of part 91 Part does not apply to covert operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Division 2—Right to remain silent not affected 92 Right to remain silent not affected . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 Division 3—Safeguards ensuring rights of and fairness to persons questioned for indictable offences 93 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 94 When is a person “in custody” for this part . . . . . . . . . . . . . . . . . . . . . . . . . . 75 95 Right to communicate with friend, relative or lawyer . . . . . . . . . . . . . . . . . 75 96 Questioning of Aboriginal people and Torres Strait Islanders . . . . . . . . . . . 76 97 Questioning of children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 98 Questioning of person after proceeding started . . . . . . . . . . . . . . . . . . . . . . . 78 99 Cautioning of persons in custody . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 100 Provision of information relating to a person in custody . . . . . . . . . . . . . . . 78 101 Right to interpreter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 102 Right of foreign national to communicate with embassy etc. . . . . . . . . . . . 79 103 Rights of a person in custody to be electronically recorded . . . . . . . . . . . . 80 104 Recording of questioning etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 105 List of interview friends and interpreters . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 106 When sections 95–97, 100 and 102 do not apply . . . . . . . . . . . . . . . . . . . . . 82 Division 4—Safeguards for things seized during searches 107 Receipt for seized property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 108 Requirements after property is seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 109 Right to inspect seized documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 110 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 Division 5—Other safeguards 111 Protecting the dignity of persons during search . . . . . . . . . . . . . . . . . . . . . . . 86 112 Supplying police officer’s details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 113 Information to be given to arrested person . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 114 Parent and chief executive must be advised of arrest of child . . . . . . . . . . 88 115 Police officer to consider alternatives to proceeding against child . . . . . . . 88 116 Limitation on period of detention for search . . . . . . . . . . . . . . . . . . . . . . . . . 89
6 Police Powers and Responsibilities Act 1997 118 Record of execution of warrant or order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 119 Alternative accommodation to be provided in some cases . . . . . . . . . . . . . 89 PART 12A—REGISTERS Division 1—Application and purpose 119A Application of pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 119B Purpose and explanation of pt 12A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 Division 2—Register of surveillance and covert search warrants 119C Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 119D Particular Acts do not apply to this division . . . . . . . . . . . . . . . . . . . . . . . . . 91 119E Register of covert acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 119F Information to be recorded in register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 119G Who must record information in register . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 119H Which register to be used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 119I Who may inspect police service register . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 119J Who may inspect CJC’s register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 119K Who may inspect QCC’s register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 119L Other authorised inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 119M General restrictions on inspections by monitor . . . . . . . . . . . . . . . . . . . . . . . 95 Division 3—Enforcement registers 119N Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 119O Register of enforcement acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 119P Who must record information in register . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 119Q Which register to be used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 119R Persons to be given copy of information in register . . . . . . . . . . . . . . . . . . . 97 119S Restriction on disclosure of certain information . . . . . . . . . . . . . . . . . . . . . . 97 Division 4—Provisions about covert acts and enforcement acts done for the NCA 119T Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 119U Information to be given to NCA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Division 5—General provisions 119V Correcting registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
7 Police Powers and Responsibilities Act 1997 PART 13—ASSAULT OR OBSTRUCTION OF POLICE OFFICERS 120 Assault etc. of police officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 PART 14—MISCELLANEOUS POWERS 121 Prevention of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 122 Entry of place to prevent offence or injury . . . . . . . . . . . . . . . . . . . . . . . . . . 100 123 Police officer may use assistance in exercising certain powers . . . . . . . . . 100 124 Protection for assistants from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 125 Power to use force—exercise of certain powers . . . . . . . . . . . . . . . . . . . . . . 101 126 Power to use force against individuals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 127 Power to use force against individuals in critical situations . . . . . . . . . . . . 102 PART 15—GENERAL 128 Performance of duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 129 Obtaining warrants, orders and authorities, etc., by telephone or similar facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 130 Protection of methodologies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 131 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 132 Availability of responsibilities code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 133 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 134 Review of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 135 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 PART 16—TRANSITIONAL PROVISIONS Division 1—Provisions for Act No. 67 of 1997 136 Transitional provision about exercise of public official’s powers . . . . . . . . 107 Division 2—Provisions for Police Powers and Responsibilities and Other Acts (Registers) Amendment Act 1999 139 Transitional provision relating to registers . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Division 3—Transitional provision for Health Practitioners (Professional Standards) Act 1999 140 Transitional provision about Health Practitioners (ProfessionalStandards) Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 109 ACTS NOT AFFECTED BY THIS ACT
8 Police Powers and Responsibilities Act 1997 SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 110 DICTIONARY ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 122 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 7 Provisions that have not commenced and are not incorporated into reprint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
s1 9 s4 Police Powers and Responsibilities Act 1997 POLICE POWERS AND RESPONSIBILITIES ACT 1997 [as amended by all amendments that commenced on or before 16 February 2000] An Act about the powers and responsibilities of police officers PART 1—PRELIMINARY Division 1—Preliminary ˙ Short title 1. This Act may be cited as the Police Powers and Responsibilities Act 1997 . ˙ Commencement 2. This Act commences on a day to be fixed by proclamation or 6 April 1998, whichever happens first. ˙ Dictionary 3. The dictionary in schedule 3 defines words used in this Act. ˙ Purposes of Act 4. The purposes of this Act are as follows— (a) to consolidate and rationalise the powers and responsibilities police officers have for investigating offences and enforcing the law;
s 5 10 s 5 Police Powers and Responsibilities Act 1997 (b) to provide additional powers necessary for effective modern policing and law enforcement; (c) to provide consistency in the nature and extent of the powers and responsibilities of police officers; (d) to standardise the way the powers and responsibilities of police officers are to be exercised; (e) to ensure fairness to, and protect the rights of, persons against whom police officers exercise powers under this Act; (f) to enable the public to better understand the nature and extent of the powers and responsibilities of police officers. ˙ Compliance with Act by police officers 5.(1) It is Parliament’s intention that police officers should comply with this Act in exercising powers and performing responsibilities under it. (2) For ensuring compliance with Parliament’s intention, a police officer who contravenes this Act may be dealt with as provided by law. Examples— 1. A minor contravention, such as, for example, forgetting to fill in a register, may be dealt with by correction by way of counselling under the Police Service (Discipline) Regulation 1990, section 11. 2. A breach may amount to misconduct under the PoliceServiceAdministrationAct 1990 because, for example, a police officer maliciously strip-searches a suspect in a public place. 3. A breach may amount to official misconduct under the CriminalJusticeAct1989 because, for example, a police officer improperly discloses to a criminal information obtained through the use of a listening device. 4. A breach may amount to an offence of deprivation of liberty under the CriminalCode, section 355, because a police officer deliberately holds a person in custody for questioning several hours after the end of a detention period and has no intention of applying for an extension of the period under this Act.
s 6 11 s 8 Police Powers and Responsibilities Act 1997 Division 2—Act does not affect certain laws ˙ Act does not affect constable’s common law powers etc. 6. Unless this Act otherwise provides, this Act does not affect— (a) the powers, obligations and liabilities a constable has at common law; or (b) the powers a police officer may lawfully exercise as an individual, including for example, powers for protecting property. ˙ Act does not affect court’s common law discretion to exclude evidence 7. This Act does not affect the common law under which a court in a criminal proceeding may exclude evidence in the exercise of its discretion. Division 3—Act’s relationship to other Acts ˙ Relationship to other Acts 8.(1) This Act does not affect the powers or responsibilities a police officer has under an Act included in schedule 1. (2) However, subsection (1) does not prevent a police officer from exercising a power or performing a responsibility under this Act the police officer does not have under an Act included in schedule 1. Example— The police officer may use reasonable force under this Act to enter a place to detain a person without warrant under the Mental Health Act 1984 because that Act does not include a provision allowing the police officer to use reasonable force to enter the place. (3) Also, this Act does not affect the powers or responsibilities a police officer has under an Act prescribed under a regulation for this section. (4) Subsection (2) also applies to an Act prescribed under a regulation under subsection (3). (5) Subsections (3) and (4) and this subsection expire 2 years after the commencement of this section.
s 9 12 s 10 Police Powers and Responsibilities Act 1997 ˙ Inconsistency 9.(1) This section applies to a provision of another Act that confers powers or imposes responsibilities on a police officer. (2) To the extent of any inconsistency, this Act prevails over the other Act, whether enacted before or after this Act. (3) This section applies subject to section 8. Division 4—Public official appointment powers in other Acts ˙ Appointment of police officers as public officials for other Acts 10.(1) This section applies if an Act (the “authorising law” ) authorises someone (the “appointer” ) to appoint public officials for enforcing the authorising law. (2) Despite the authorising law, the appointer may appoint a police officer as a public official under the authorising law only with the commissioner’s written approval to the proposed appointment. (3) The commissioner may approve the proposed appointment only if the commissioner is satisfied the police officer proposed to be appointed has the necessary experience or expertise to be a public official for the authorising law. (4) A police officer may exercise powers as a public official under an authorising law only if the commissioner approves the police officer’s appointment under this section. (5) If, under the authorising law, the commissioner is the appointer for police officers, this section does not prevent the commissioner from appointing a police officer as a public official under the authorising law. (6) Subsection (4) applies even if a police officer is a public official because an express provision of another Act declares all police officers to be public officials for the other Act.
s 11 13 s 13 Police Powers and Responsibilities Act 1997 ˙ Exercise of powers under other Acts 11.(1) This section applies if an Act (the “authorising law” ) authorises a public official to perform functions in relation to a person or thing. (2) However, this section only applies to a police officer who is not a public official for the authorising law. (3) If a public official asks, a police officer may help the public official perform the public official’s functions under the authorising law. (4) Before the police officer helps the public official, the public official must explain to the police officer the powers the public official has under the authorising law. (5) A police officer has, while helping a public official, the same powers and protection under the authorising law as the public official has. ˙ Authorising provisions of other Acts of no effect 12. Sections 10 and 11 apply to the exclusion of a provision of any other Act passed before the commencement of sections 10 and 11 that authorised a police officer to perform a function of a public official. PART 2—POWERS FOR ENTRY, INSPECTION, INQUIRIES, ARREST AND CRIME SCENES ˙ General power to enter to make inquiries, investigations or serve documents 13.(1) This section does not authorise entry to a private place if a provision of this Act or another Act provides for entry under a search warrant in the particular circumstances. Example for subsection (1)— The entry may be to a public area of a place such as a nightclub. (2) The purpose of this section is to ensure a police officer performing a function of the police service may enter and stay on a place in circumstances that may otherwise constitute trespass.
s 14 14 s 14 Police Powers and Responsibilities Act 1997 (3) A police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter. 1 Examples for subsection (3)— 1. The entry may be for finding out if an offence is being or has been committed on the place. 2. The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at the place. 3. The entry may be for finding out if a missing person is in the place. (4) Also, a police officer may enter and stay for a reasonable time on a place to serve a document. (5) However, if the place contains a dwelling, the only part of the place a police officer may enter without the consent of the occupier is the part of the place that is not a dwelling. (6) Also, the police officer may use minimal force to enter the place. Example for subsection (6)— Turning a door handle to open an unlocked door and opening the door. ˙ Power to enter etc. for relevant Acts 14.(1) A police officer may, for a relevant Act, do any of the following— (a) at any reasonable time, enter and stay on a place used for a purpose under a licence under the relevant Act; (b) inspect, photograph or copy anything required to be kept under the relevant Act; (c) take possession of a thing to which the relevant Act applies, if the thing is evidence of the commission of an offence against the Act or another Act; (d) require the licence holder or someone else apparently in possession of documents or things the person is required or permitted to keep under the relevant Act to produce stated documents or things for inspection; 1 For safeguards for this section, see section 112 (Supplying police officer’s details etc.)
s 15 15 s 15 Police Powers and Responsibilities Act 1997 (e) inspect security measures the person must maintain under the relevant Act; (f) require the licence holder or person apparently in possession of a place mentioned in paragraph (a) to give to the police officer reasonable help. 2 (2) A person must comply with a requirement made under subsection (1)(d) or (f), unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (3) Also, a police officer may only enter a part of a place not used for the purpose for which entry is made but only to get to the place used for the purpose. (4) In this section— “licence” includes authority, exemption and permit. “place” includes land on which there is a dwelling and any part of a dwelling used as a place of business or for another purpose under the relevant Act. “relevant Act” means an Act prescribed under a regulation for this section. ˙ Power to enter to arrest or detain someone or execute warrant 15.(1) A police officer may enter and stay for a reasonable time on a place to arrest a person, or detain a person under another Act, or arrest a person named in a warrant. 3 (2) However, the police officer may enter a dwelling to arrest or detain a person only if the police officer reasonably suspects the person to be arrested or detained is at the dwelling. (3) A police officer who enters a place under this section may search the place for the person. 2 For safeguards for this section, see part 12 (Standard safeguards), particularly division 4 (Safeguards for things seized during searches) and division 5 (Other safeguards). 3 For safeguards for this section, see sections 112 (Supplying police officer’s details etc.) and 113 (Information to be given to arrested person).
s 16 16 s 18 Police Powers and Responsibilities Act 1997 (4) In this section— “arrest” , in relation to a person named in a warrant, includes apprehend, take into custody, detain, and remove to another place for examination or treatment. ˙ Gaining access to crime scenes 16. It is lawful for a police officer— (a) to enter a place to reach another place that the police officer reasonably suspects is a crime scene; and (b) to enter a place that the police officer reasonably suspects is a crime scene and stay on the place for the time reasonably necessary to decide whether or not to establish a crime scene. ˙ Initial establishment of crime scene 17.(1) If a police officer enters a place that may be a crime scene, or is lawfully at a place, and decides the place is a crime scene, the police officer (the “responsible officer” ) may establish a crime scene and exercise the powers in section 20. (2) As soon as reasonably practicable after the responsible officer establishes the crime scene, a police officer must apply under section 18 for a crime scene warrant. (3) If the judge or magistrate refuses to issue a crime scene warrant, subsection (1) stops having effect. 4 ˙ Crime scene warrant 18.(1) A police officer may apply to a magistrate for a warrant (a “crime scene warrant” ) to establish a crime scene on a place. (2) However, if it is intended to do something that may cause structural damage to a building, the thing must not be done unless an application is made to a Supreme Court judge for a crime scene warrant. 4 For safeguards for this section, see section 112 (Supplying police officer’s details etc.).
s 18 17 s 18 Police Powers and Responsibilities Act 1997 (3) Subsection (2) applies whether or not a magistrate has issued a crime scene warrant for the place. (4) The application must be sworn and state the grounds on which it is sought. (5) The occupier of the place— (a) must, if reasonably practicable, be given notice of the making of the application, unless the police officer reasonably suspects giving the notice would frustrate or otherwise hinder the investigation of the offence to which the application relates; and (b) if present when the application is made—is entitled to be heard on the application. (6) The judge or magistrate (the “issuer” ) may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires. Example— The issuer may require additional information supporting the application to be given by statutory declaration. (7) The issuer may issue the warrant only if the issuer has considered the following and is reasonably satisfied the place is a crime scene— (a) the time, of not more than 7 days, for which it is reasonable to maintain a crime scene; (b) the nature and seriousness of the suspected offence; (c) the likely extent of interference to be caused to the occupier of the place; (d) any submissions made by the occupier. (8) The warrant must state— (a) that a stated police officer may establish a crime scene at the place and exercise the powers in section 20; and (b) that a police officer may enter and stay on the place for a stated period, of up to 7 days or, if the period is extended under subsection (10), for the extended period.
s 19 18 s 19 Police Powers and Responsibilities Act 1997 (8A) Also, if the issuer is a Supreme Court judge, the warrant must state whether or not a police officer may, under the warrant, do something that may cause structural damage to a building. (9) The warrant stops having effect on the day fixed under the warrant or a later time fixed under subsection (10). (10) The issuer may, on application of a police officer made before a crime scene warrant stops having effect, extend the warrant for a stated reasonable time of not more than 7 days. (11) However, if the application for the warrant was made in the absence and without the knowledge of the occupier of the place or the occupier had a genuine reason for not being present, the occupier may apply to the issuer for an order revoking the warrant. (12) The issuer may revoke or refuse to revoke the warrant. (13) The making of an application under subsection (11) or the JudicialReview Act 1991 for review of the warrant’s issue does not stay the effect of the warrant. ˙ Way of establishing a crime scene 19. A police officer may establish a crime scene in any way that gives the public enough notice that the place is a crime scene. Examples— 1. A police officer may stand at a door to stop people entering a building and tell them they can not enter the building. 2. A police officer may put around a place barricades or tapes indicating the place is a crime scene. 3. A police officer may display a written notice stating the place is a crime scene and unauthorised entry is prohibited.
s 20 19 s 20 Police Powers and Responsibilities Act 1997 ˙ Powers at crime scene 20.(1) The responsible officer or a police officer acting under the direction of the responsible officer may, at a crime scene, do any of the following 5 — (a) enter the crime scene; (b) direct a person to leave the crime scene or remove a vehicle from the crime scene; (c) remove from the crime scene a person who fails to comply with a direction to leave the crime scene or a vehicle a person fails to remove from the crime scene; (d) direct a person not to enter the crime scene; (e) prevent a person from entering the crime scene; (f) prevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and for that purpose, detain and search the person; (g) perform any necessary investigation, including for example, search the crime scene and inspect anything in it to obtain evidence of the commission of an offence; (ga) open anything at the crime scene that is locked; (h) take electricity for use at the crime scene; (i) direct the occupier of the place or a person apparently involved in the management or control of the place to maintain a continuous supply of electricity at the place; (j) photograph the crime scene and anything in it; (k) seize all or part of a thing that may provide evidence of the commission of an offence; (l) dig up anything at the crime scene; (m) remove wall or ceiling linings or floors of a building, or panels of a vehicle; 5 For safeguards for this section, see part 12 (Standard safeguards), division 4 (Safeguards for things seized during searches) and division 5 (Other safeguards).
s 21 20 s 22 Police Powers and Responsibilities Act 1997 (n) remove or cause to be removed an obstruction from the crime scene. Example for paragraph (k)— It may be necessary to seize and remove a vehicle for scientific examination to obtain evidence that may be in the vehicle. (2) If it is necessary for a police officer to enter another place to gain access to the crime scene, the police officer may enter the other place. (3) Also, if it is necessary for a police officer to do anything at the place that may cause structural damage to a building, the police officer must not do the thing unless a Supreme Court judge issues a crime scene warrant for the place before the thing is done and the warrant authorises the doing of the thing. (4) An authorised person at a crime scene may also perform a function mentioned in subsection (1)(g), (h), (j), (k), (l), (m) or (n). ˙ Copy of crime scene warrant to be given to occupier 21. If a police officer exercises powers under a crime scene warrant for a place that is occupied, the police officer must give to the occupier a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant. (2) If the occupier is not present, the police officer must leave the copy in a conspicuous place. ˙ Exercise of crime scene powers in public place 22.(1) It is lawful for a police officer to exercise powers under section 20(1) in a public place without a crime scene warrant. (2) However, if it is necessary for a police officer to do anything at the public place that may cause structural damage to a building, the police officer must not do the thing unless a Supreme Court judge issues a crime scene warrant for the place before the thing is done. (3) An authorised person at a crime scene may also perform a function mentioned in section 20(1)(g), (h), (j), (k), (l), (m) or (n) in a public place.
s 23 21 s 23 Police Powers and Responsibilities Act 1997 ˙ Power to require name and address 23.(1) This section applies if a police officer— (a) finds a person committing an offence; or (b) reasonably suspects a person has committed an offence; or (c) reasonably suspects a person may be able to help in the investigation of an alleged indictable offence because the person was near the place where the alleged offence happened before, when, or soon after it happened; or (d) is attempting to execute a warrant or serve a summons or other court document on a person. 6 (2) The police officer may require the person to state the person’s correct name and address. (3) Also, the police officer may require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated name and address or to otherwise be able to give the evidence. (4) When making the requirement, the police officer must warn the person it is an offence to fail to state the person’s correct name or address or fail to provide evidence of the correctness of the stated name or address, unless the person has a reasonable excuse. (5) A person must comply with a requirement under subsection (2) or (3), unless the person has a reasonable excuse. Maximum penalty—10 penalty units. (6) A person does not commit an offence against subsection (5) if the person was required to state the person’s name and address by a police officer because of subsection (1) and the person is not proved— (a) for subsection (1)(a) or (b)—to have committed the offence; or (b) for subsection (1)(c)—to have been able to help in the investigation; or 6 For safeguards for this section, see section 112 (Supplying police officer’s details etc.).
s 24 22 s 25 Police Powers and Responsibilities Act 1997 (c) for subsection (1)(d)—to be the person named in the warrant, summons or other court document. PART 3—ROADBLOCKS AND TRAFFIC RELATED POWERS ˙ Roadblocks 24.(1) A police officer may establish a roadblock if the police officer reasonably suspects a roadblock may be effective to apprehend or locate a person in a vehicle who— (a) has committed a 7 year imprisonment offence; or (b) may be unlawfully depriving someone else of liberty; 7 or (c) is being unlawfully deprived of liberty; or (d) has escaped from lawful custody; or (e) may be endangering the life or safety of someone else. (2) A police officer may stop all vehicles or any vehicle at the roadblock and detain each vehicle stopped for the time reasonably necessary to search it to find out if a person mentioned in subsection (1) is in it. (3) In deciding whether the police officer has the reasonable suspicion for subsection (1), the police officer must have regard to the following— (a) when and where the relevant circumstances happened; (b) information the police officer has about where the person sought may be travelling in a vehicle. ˙ Powers relating to roads and traffic 25.(1) A police officer may give to a driver of a vehicle or animal or to a pedestrian on or about to enter a road, or to a passenger in a vehicle, any direction, signal or order the police officer reasonably considers necessary 7 For what is unlawful deprivation of liberty, see the Criminal Code, section 355.
s 26 23 s 26 Police Powers and Responsibilities Act 1997 for the safe and effective regulation of traffic on the road. (2) Also, if an emergency exists, a police officer may give to a driver of or passenger in a train any direction, signal or order the police officer reasonably considers necessary. (3) If a police officer reasonably suspects an emergency exists or it is otherwise necessary to temporarily prohibit, divert or direct traffic, the police officer may take any measure and give or cause to be given any direction, signal or order the police officer reasonably considers necessary or desirable to control traffic and pedestrians on a road. Examples for subsection (3)— 1. A siege where firearms are being discharged and members of the public may be hurt. 2. A serious or fatal road accident requiring treatment of injured persons, removal of bodies, wreckage to be cleared or evidence to be gathered for investigating the cause of the accident. PART 4—SEARCHING PEOPLE AND VEHICLES WITHOUT A WARRANT ˙ Searching persons without warrant 26.(1) A police officer who reasonably suspects any of the circumstances mentioned in subsection (2) exist may, without a warrant, stop, detain and search a person and anything in the person’s possession. 8 (2) The circumstances for subsection (1) are as follows— (a) that the person has something that may be— (i) a weapon, knife or explosive the person may not lawfully possess; or (ii) an unlawful dangerous drug; or 8 For safeguards for searching people, see part 12 (Standard safeguards), division 4 (Safeguards for things seized during searches), sections 111 (Protecting the dignity of persons during search) and 112 (Supplying police officer’s details etc.)
s 27 24 s 27 Police Powers and Responsibilities Act 1997 (iii) stolen property; or (iv) unlawfully obtained property; or (v) tainted property; or (vi) evidence of the commission of a 7 year imprisonment offence the police officer reasonably suspects may be concealed on the person or destroyed; (b) that the person has something that may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, unlawfully using or stealing a vehicle, or the administration of a dangerous drug; (c) that the person has something the person intends to use to cause harm to himself, herself or someone else. (3) The police officer may seize all or part of a thing— (a) that may provide evidence of the commission of an offence; or (b) that the person intends to use to cause harm to himself, herself or someone else. ˙ Searching vehicles without warrant 27.(1) A police officer who reasonably suspects any of the circumstances mentioned in subsection (2) exist may, without warrant, stop a vehicle, detain a vehicle and any occupants of the vehicle, and search the vehicle and anything in it. (2) The circumstances for subsection (1) are that the vehicle may have in it something that— (a) may be a weapon or explosive a person may not lawfully possess; or (b) may be an unlawful dangerous drug; or (c) may be stolen property; or (d) may be unlawfully obtained property; or
s 27 25 s 27 Police Powers and Responsibilities Act 1997 (e) may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, unlawfully using or stealing a vehicle, or the administration of a dangerous drug; or (f) may be tainted property; or (g) may be evidence of the commission of a 7 year imprisonment offence the police officer reasonably suspects may be concealed or destroyed; or (h) may be something the person intends to use to cause harm to himself, herself or someone else. (3) Also, a police officer may stop, detain and search a vehicle and anything in it if the police officer reasonably suspects the vehicle is being unlawfully used. (4) If the driver or a passenger in the vehicle is arrested for an offence involving something the police officer may search for under this part without a warrant, a police officer may also detain the vehicle and anyone in it and search the vehicle and anything in it. (5) If it is impracticable to search for a thing that may be concealed in a vehicle at the place where the vehicle is stopped, the police officer may take the vehicle to a place with appropriate facilities for searching the vehicle. (6) The police officer may seize all or part of a thing— (a) that may provide evidence of the commission of an offence; or (b) that the person intends to use to cause harm to himself, herself or someone else. (7) Power under this section to search a vehicle includes power to enter the vehicle, stay on it and re-enter it as often as necessary to remove from it a thing seized under subsection (6).
s 28 26 s 28 Police Powers and Responsibilities Act 1997 PART 5—SEARCHING PEOPLE, PLACES AND VEHICLES WITH A WARRANT ˙ Search warrant 28.(1) A police officer may apply to a justice for a warrant to enter and search a place ( “search warrant” ) to obtain evidence of the commission of an offence, other than evidence that may be used in a forfeiture proceeding. 9 (2) Also, a police officer may apply to a magistrate for a warrant to enter and search a place ( “search warrant” ) to obtain evidence that may be used in a forfeiture proceeding. Example— The search may be for evidence for which an application for a restraining order may be made under the Crimes (Confiscation) Act 1989 , section 40. (3) If it is intended to do anything that may cause structural damage to a building, the application must be made to a Supreme Court judge. (4) The application must— (a) be sworn and state the grounds on which the warrant is sought; and (b) include information specified in the responsibilities code about any search warrants issued within the previous year in relation to the place or a person suspected of being involved in the commission of the offence or suspected offence to which the application relates. (4A) Subsection (4)(b) applies only to— (a) information kept in a register that the police officer may inspect; and (b) information the officer otherwise actually knows. (5) The justice, magistrate or judge (the “issuer” ) may refuse to consider the application until the police officer gives the issuer all the information the issuer requires about the application in the way the issuer requires. 9 For safeguards for this part, see part 12 (Standard safeguards), division 4 (Safeguards for things seized during searches).
s 28 27 s 28 Police Powers and Responsibilities Act 1997 Example— The issuer may require additional information supporting the application to be given by statutory declaration. (6) The issuer may issue the warrant only if satisfied there are reasonable grounds for suspecting there is at the place, or is likely to be at the place within the next 72 hours, evidence of the commission of an offence. (7) The warrant must state— (a) that a stated police officer, or all police officers, may enter the place and exercise the powers under section 29; and (b) if the warrant is issued in relation to— (i) an offence—the offence for which the warrant is issued; or (ii) a forfeiture proceeding—the Act under which the forfeiture proceeding is authorised; and (c) any evidence that may be seized under the warrant; and (d) if the warrant is to be executed at night—the hours when the place may be entered; and (e) the warrant ends 7 days after it is issued or, if it relates to something likely to be at a place within the next 72 hours, 72 hours after it is issued. (8) If the offence has been, is being, or may be committed on or in relation to a transport vehicle and involves the safety of the vehicle or anyone who may be in or on it, the warrant may also state that a police officer may search anyone or anything in or on or about to board, or be put in or on, the vehicle. (9) If the issuer is a magistrate, the magistrate may, in the warrant, direct the person in possession of documents at the place to give to the police officer all documents relevant to the offence. (10) If a magistrate gives a direction under subsection (9), the warrant must also state that failure, without reasonable excuse, to comply with the direction may be dealt with as contempt of a Magistrates Court.
s 29 28 s 29 Police Powers and Responsibilities Act 1997 (11) If a justice (other than a person who is a justice of the peace because of the Justices of the Peace and Commissioners for Declarations Act 1991 , section 19(1) or (1A)) refuses to issue a warrant, the police officer may apply to a magistrate for the issue of the warrant. (12) However, the police officer must tell the magistrate that the application is made because a justice refused to issue a warrant. (13) In this section— “place” does not include a public place. “transport vehicle” means— (a) an aircraft; or (b) a boat; or (c) a bus; or (d) a train. ˙ Powers under search warrants 29. A police officer has the following powers under a search warrant— (a) power to enter the place specified in the warrant (the “relevant place” ) and to stay on it for the time reasonably necessary to exercise powers mentioned in this paragraphs (b) to (m); (b) power to pass over, through, along or under another place to enter the relevant place; (c) power to search the relevant place for anything sought under the warrant; (d) power to open anything in the relevant place that is locked; (e) power to detain anyone at the relevant place for the time reasonably necessary to find out if the person has anything sought under the warrant; (f) if the police officer reasonably suspects a person on the relevant place has been involved in the commission of the offence—power to detain the person for the time taken to search the place; (g) power to dig up land;
s 30 29 s 30 Police Powers and Responsibilities Act 1997 (h) if authorised under the warrant—power to search anyone found at the relevant place for anything sought under the warrant that can be concealed on the person; (i) power to seize a thing found at the relevant place, or on a person found at the relevant place, that the police officer reasonably suspects may be evidence of the commission of an offence to which the warrant relates; (j) power to muster, hold and inspect any animal the police officer reasonably suspects may provide evidence of the commission of an offence to which the warrant relates; (k) power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence to which the warrant relates; (l) power to remove wall or ceiling linings or floors of a building, or panels of a vehicle to search for evidence of the commission of an offence; (m) if authorised under the warrant—power to do whichever of the following is authorised— (i) to search anyone or anything in or on or about to board, or be put in or on, a transport vehicle; (ii) to take a vehicle to, and search for evidence of the commission of an offence that may be concealed in a vehicle at, a place with appropriate facilities for searching the vehicle. ˙ Copy of warrant to be given to occupier 30.(1) If a police officer executes a search warrant for a place that is occupied, the police officer must give to the occupier of the place a copy of the warrant and a statement summarising the person’s rights and obligations under the warrant. (2) If the occupier is not present, the police officer must leave the copy in a conspicuous place.
s 31 30 s 31 Police Powers and Responsibilities Act 1997 ˙ Search to prevent loss of evidence 31.(1) This section applies if a police officer reasonably suspects a thing at or about a place, or in the possession of a person at or about a place is evidence of the commission of an offence and the evidence may be concealed or destroyed unless the place is immediately entered and searched. (2) The police officer may enter the place and exercise the powers under section 29 (other than power to do something that may cause structural damage to a building) as if they were conferred under a search warrant. (3) As soon as reasonably practicable after exercising the powers, the police officer must apply to a magistrate for an order approving the search. (4) The magistrate may make an order approving the search only if satisfied— (a) in the circumstances existing before the search— (i) the police officer, before exercising the powers, had a reasonable suspicion for exercising the powers; and (ii) there was a reasonable likelihood that the evidence would be concealed or destroyed; or (b) having regard to the nature of the evidence found during the search it is in the public interest to make the order. (5) If the magistrate refuses to make an order under this section, the magistrate may order that the police officer retain, dispose of, return or destroy anything seized. (6) Within 28 days after a magistrate orders the disposal, return or destruction of a thing, a police officer may appeal against the order to the Supreme Court. (7) If the police officer appeals, the police officer must retain the thing seized until the appeal is decided. (8) The court may order the retention, disposal, return or destruction of the thing. (9) In this section— “offence” means an indictable offence, an offence involving gaming or betting, or an offence against any of the following Acts—
s 32 31 s 32 Police Powers and Responsibilities Act 1997 • Animals Protection Act 1925 • Crimes (Confiscation) Act 1989 • Explosives Act 1999 • Nature Conservation Act 1992 • Weapons Act 1990 . ˙ Notice to produce documents 32.(1) This section applies if a police officer reasonably suspects a financial institution holds documents that may be evidence of the commission of an offence by someone else. (2) The police officer may, instead of applying for a search warrant, apply to a magistrate for the issue of a notice (a “notice to produce” ) requiring the financial institution to produce stated documents to a police officer. (3) The application must— (a) be sworn and state the grounds on which the notice to produce is sought; and (b) include information specified in the responsibilities code about any notices to produce issued within the previous year in relation to the person suspected of being involved in the commission of the offence or suspected offence to which the application relates. (3A) Subsection (3)(b) applies only to— (a) information kept in a register that the police officer may inspect; and (b) information the officer otherwise actually knows. (4) The magistrate may refuse to consider the application until the police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application to be given by statutory declaration.
s 33 32 s 33 Police Powers and Responsibilities Act 1997 (5) The magistrate may issue the notice to produce only if satisfied there are reasonable grounds for suspecting— (a) documents the financial institution holds may be evidence of the commission of an offence; and (b) the financial institution is not a party to the offence. (6) The magistrate may, in the notice to produce, require the documents to be produced to a police officer within a stated time and at a stated place. (7) A police officer must give the notice to produce to the financial institution named in the notice as soon as reasonably practicable after it is issued. ˙ Procedural requirements—notice to produce 33.(1) A financial institution given a notice to produce must comply with the notice. (2) The financial institution is not subject to any liability for complying with, or producing something in the honest belief that it was complying with, a notice to produce. (3) If, under the notice, the financial institution produces documents the financial institution claims contain privileged communications between the financial institution and someone else, the police officer must as soon as reasonably practicable apply to a magistrate for an order for access to the documents. (4) The police officer may retain the documents but must not inspect them until the application is decided. (5) The magistrate, or a justice authorised in writing by the magistrate, may order— (a) that the police officer be given access to the documents; or (b) that the documents be copied by the police officer and the original documents returned to the financial institution; or (c) that the documents be returned to the financial institution. (6) An order under subsection (5)(b) in relation to a document in electronic form authorises the police officer to produce a hard-copy of the information contained in the document.
s 34 33 s 34 Police Powers and Responsibilities Act 1997 (7) Also, an order under subsection (5)(b) may include a condition that if a police officer asks, the document must again be produced to a court hearing a proceeding for an offence for which the document is to be used as evidence. (8) A document produced under this section is taken to have been seized under this Act. (9) The Criminal Code, section 205, 10 and section 120 of this Act does not apply to this section. PART 6—POWER TO SEIZE EVIDENCE ˙ Power to seize evidence 34.(1) This section applies if a police officer lawfully enters a place, or is at a public place, and finds at the place a thing the officer reasonably suspects is evidence of the commission of an offence. 11 (2) The police officer may seize the thing, whether or not as evidence under a warrant and, if under a warrant, whether or not the offence is one in relation to which the warrant is issued. (3) Also, the police officer may photograph the thing seized or the place from which the thing was seized. (4) The police officer may stay on the place and re-enter it for the time reasonably necessary to remove the thing from the place. 10 Section 205 (Disobedience to lawful order issued by statutory authority) 11 For safeguards for this section, see part 12 (Standard safeguards), division 4 (Safeguards for things seized during searches).
s 35 34 s 35 Police Powers and Responsibilities Act 1997 PART 7—POWERS RELATING TO ARREST Division 1—Arrest generally ˙ Arrest without warrant 35.(1) It is lawful for a police officer, without warrant, to arrest a person the police officer reasonably suspects has committed or is committing an offence (a “suspect” ) if it is reasonably necessary for 1 or more of the following reasons— (a) to prevent the continuation or repetition of an offence or the commission of another offence; (b) to make inquiries to establish the person’s identity; (c) if a person contravenes a requirement made under section 57(1)(b)(ii) 12 —to obtain identifying particulars of the person; (d) to ensure the person’s appearance before a court; (e) to obtain or preserve evidence relating to the offence; (f) to prevent the harassment of, or interference with, a person who may be required to give evidence relating to the offence; (g) to prevent the fabrication of evidence; (h) to preserve the safety or welfare of any person, including the person arrested; (i) to prevent a person fleeing from the officer or the location of the offence; (j) because the person has committed an offence against section 120; 13 12 Section 57 (Power to fingerprint, photograph etc.) 13 Section 120 (Assault etc. of police officer)
s 36 35 s 37 Police Powers and Responsibilities Act 1997 (k) because of the nature and seriousness of the offence. 14 (2) Also, it is lawful for a police officer, without warrant, to arrest a person the police officer reasonably suspects has committed or is committing an indictable offence (also a “suspect” ), for questioning the person about the offence, or investigating the offence, under part 8. (3) Subsection (1) does not apply to a child. 15 (4) Despite subsection (3), but subject to the Juvenile Justice Act 1992 , section 20, 16 a police officer may— (a) arrest a child under a provision of another Act authorising the arrest of a person without warrant; or (b) if the police officer reasonably suspects a child has committed or is committing an offence against section 120 or the Traffic Act1949 —arrest the child, without warrant. ˙ Arrest with warrant 36.(1) It is lawful for a police officer acting under a warrant issued under any other Act or law to arrest the person named in the warrant. (2) In this section— “arrest” includes apprehend, take into custody, detain, and remove to another place for examination or treatment. ˙ Power of arrest for offences committed outside the State 37.(1) This section applies to an offence (an “extradition offence” ) that— (a) is an offence against the law of another State; and 14 For safeguards for this part, see sections 112 (Supplying police officer’s details etc.), 113 (Information to be given to arrested person) and 114 (Parent and chief executive must be advised of arrest of child). Other safeguards in part 12 (Standard safeguards) may also apply. 15 For provisions applying to the arrest of children, see the JuvenileJusticeAct1992 . 16 Section 20 (Arrest and ex officio indictment power preserved)
s 38 36 s 38 Police Powers and Responsibilities Act 1997 (b) is an indictable offence or an offence for which the maximum penalty is at least 2 years imprisonment. (2) Despite section 35, a police officer may, without warrant, arrest a person the police officer reasonably suspects has committed an extradition offence. (3) The person may be detained in custody under this Act and questioned in relation to the extradition offence by either of the following, as if the offence had been committed in Queensland— (a) a police officer; (b) a member of the police force or service of the State where the offence happened. (4) Unless the person is released without being charged with the extradition offence, the person must be taken before a court as soon as practicable after questioning ends. (5) The Justices Act 1886 and the BailAct1980 apply to a person arrested for an extradition offence as if the offence were committed in Queensland, but only to allow a person to apply, within 7 days, for the extradition of the person to the State where the extradition offence is alleged to have been committed. (6) If a proceeding for the person’s extradition is not started within 7 days— (a) the person, if remanded in custody, must be released from custody; and (b) any order for bail is discharged. ˙ Arrest may be discontinued 38.(1) It is the duty of a police officer to release an arrested person at the earliest reasonable opportunity if the person is no longer a suspect. (2) Also, for an arrested person who is not a child, it is the duty of a police officer to release the person at the earliest reasonable opportunity if— (a) the reason for arresting the person no longer exists or is unlikely to happen again if the person is released; and
s 39 37 s 39 Police Powers and Responsibilities Act 1997 (b) it is more appropriate to take the person before a court by notice to appear or summons and the notice to appear or summons has been served on the person. (3) Further, for a child arrested under section 35(2), it is the duty of a police officer to release the child at the earliest reasonable opportunity if— (a) the reason for arresting the child no longer exists; and (b) after considering the circumstances under section 115 17 —it is more appropriate to deal with the child in a way provided by that section. (4) Subsection (2) does not apply to a person who is arrested— (a) to prevent the person fleeing from the police officer or the location of the offence; or (b) if, because of the nature and seriousness of an offence for which the person is a suspect, it is inappropriate to release the person. (5) Subsection (3) does not apply to a child who is arrested if, because of the nature and seriousness of an offence for which the child is a suspect, it is inappropriate to release the child. (6) A person suspected of having committed an indictable offence and released under this section can not be re-arrested for the offence unless— (a) the person is harassing or interfering with a person who may be required to give evidence relating to the offence; or (b) because of new evidence, a police officer forms a reasonable suspicion that the person is responsible for the offence; or (c) the person is likely to fail to appear before a court to answer a charge against the person for the offence. ˙ Person arrested to be taken before justice 39. It is the duty of a police officer who arrests a person on a charge of an offence, as soon as reasonably practicable, to take the person before a justice to be dealt with according to law unless— 17 Section 115 (Police officer to consider alternatives to proceeding against child)
s 40 38 s 41 Police Powers and Responsibilities Act 1997 (a) the person is released under section 38 or granted bail; or (b) for an indictable offence—the person is being detained in custody under part 8. 18 Division 2—Alternative to arrest ˙ Notice to appear may be issued for offence 40.(1) The object of this section is to provide an alternative way for a police officer to start or continue a proceeding against a person who is not a child that does not involve the delay associated with issuing a complaint and summons under the Justices Act 1886 . 19 (2) If a police officer reasonably suspects that a person has committed or is committing an offence, the police officer may issue and serve a notice to appear on the person. 20 (3) A notice to appear must be personally served on a person. ˙ Notice to appear form 41.(1) A notice to appear must— (a) state the substance of the offence alleged to have been committed; and (b) state the name of the person alleged to have committed the offence; and (c) require the person to appear before a Magistrates Court in relation to the offence at a stated time and place; and (d) be signed by the police officer serving the notice to appear. 18 Part 8 (Investigations and questioning) 19 For starting proceedings against children by attendance notices, see the JuvenileJustice Act 1992 . 20 A notice to appear differs from a complaint and summons in requiring the police officer with the suspicions mentioned to also serve the notice.
s 42 39 s 44 Police Powers and Responsibilities Act 1997 (2) The place stated in a notice to appear for the person to appear before the court must be a place where the court will be sitting at the time stated. (3) The time stated in a notice to appear for the person to appear before the court must be a time at least 14 days after the notice is served. ˙ Notice to appear must be filed in court without cost to person 42.(1) Before the time a person is required by a notice to appear, to appear before a Magistrates Court, the notice to appear must be filed with the clerk of the court at the place where the person is required to appear. (2) A person must not be ordered to pay filing costs in the proceeding for the offence. ˙ General particulars only are required on a notice to appear 43.(1) The statement mentioned in section 41(1)(a) need only provide general particulars of the offence, for example— (a) the type of offence; and (b) time and place it is alleged to have been committed. (2) If 2 or more matters are properly joined in 1 notice to appear under the Justices Act 1886 , section 43(1), then, despite section 43(2) and (3) of that Act— (a) each matter need not be set out in a separate paragraph; and (b) objection can not be taken to the notice to appear because each matter is not set out in a separate paragraph. ˙ Particulars of notice to appear offence must be given in the proceeding 44.(1) Section 43 does not affect the duty of the prosecution to provide proper particulars of an offence in the course of prosecution. (2) When a person on whom a notice to appear has been served appears before the Magistrates Court in response to the notice, the court must ensure that the person is provided promptly with proper particulars of the offence and granted any adjournment of the proceeding necessary to consider them.
s 45 40 s 47 Police Powers and Responsibilities Act 1997 ˙ Notice to appear equivalent to a complaint and summons 45.(1) A statement under section 41(1)(a) is taken to be a complaint under the Justices Act 1886 . (2) A requirement made by a police officer under section 41(1)(c) is taken to be a summons issued by a justice under the Justices Act 1886 . (3) Subject to this Act, the Justices Act 1886 and any other Act applies to a notice to appear in the same way as it applies to a complaint and summons. ˙ Court may order immediate arrest of person who fails to appear 46.(1) Subject to section 47, if a person fails to appear before a Magistrates Court as required by a notice to appear served on the person, the court may order that a warrant issue for the arrest of the person to be brought before the court to be dealt with according to law. (2) A document purporting to be a copy of the notice to appear signed on the day it is served by the police officer who served, and stating when and where it was served, it is evidence of the service of the notice. (3) Any justice may issue the warrant. ˙ Court must strike out notice to appear if service insufficient 47.(1) If a person fails to appear before a Magistrates Court as required by a notice to appear and the court is not satisfied the person was served as required under this Act, the court must strike out the notice to appear. (2) The striking out of a notice to appear under subsection (1) does not prevent another proceeding being started for the offence for which the notice to appear was served.
s 48 41 s 49 Police Powers and Responsibilities Act 1997 PART 8—INVESTIGATIONS AND QUESTIONING ˙ Application of part 48.(1) This part applies only to a person detained for— (a) questioning about an indictable offence; or (b) the investigation of an indictable offence. (2) Also, this part applies only to a person who— (a) is lawfully arrested for an indictable offence; or (b) is refused bail; or (c) is in custody because bail has been revoked; or (d) is in custody under a sentence of imprisonment or, for a child, a detention order. ˙ Removal of persons from lawful custody 49.(1) This section applies to a person who is in custody under the Corrective Services Act 1988 or the Juvenile Justice Act 1992 — (a) because the person has been refused bail, or bail has been revoked; or (b) under a sentence of imprisonment or, for a child, a detention order. (2) A police officer may apply to a magistrate for an order for the removal of a person in custody to the custody of a police officer ( “police custody” ) for— (a) questioning the person about an offence; or (b) the investigation of an offence. (3) The application must— (a) be made in person; and (b) be sworn and state the grounds on which the order is sought.
s 50 42 s 50 Police Powers and Responsibilities Act 1997 (4) The magistrate may refuse to consider the application until the police officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application to be given by statutory declaration. (5) The magistrate may order the removal of the person into police custody if the magistrate is satisfied the custody is reasonably necessary for the purpose of— (a) questioning the person about an offence; or (b) the investigation of an offence. (6) The person in charge of the prison or detention centre in which the person named in the order is held must comply with the order. (7) A police officer must return the person to lawful custody as soon as practicable after the detention period ends. ˙ Initial period of detention for investigation or questioning 50.(1) A police officer may detain a person mentioned in section 48(2) for a reasonable time to investigate, or question the person about— (a) if the person is in custody following an arrest for an indictable offence—the offence for which the person was arrested; or (b) in any case—any indictable offence the person is suspected of having committed, whether or not the offence for which the person is in custody. (2) However, the person must not be detained for more than 8 hours, unless the person is charged with an indictable offence or is lawfully held in custody. (3) In the 8 hours mentioned in subsection (2) (the “detention period” )— (a) the person may be questioned for not more than 4 hours; and (b) the time-out period may be more than 4 hours. (4) The detention period starts when the person is—
s 51 43 s 51 Police Powers and Responsibilities Act 1997 (a) arrested; or (b) taken into police custody under section 49; 21 or (c) taken from a watch house; or (d) otherwise in the company of a police officer for the purpose of questioning the person as a suspect about his or her involvement in an offence. ˙ Extension of detention period 51.(1) Subject to section 52, a police officer may apply for an extension of the detention period before the period ends. (2) The application must be made to— (a) a magistrate; or (b) a justice of the peace (magistrates court); or (c) if there is no magistrate or justice of the peace (magistrates court) available—another justice of the peace other than a justice of the peace (commissioner for declarations). (3) When making the application, the police officer must give to the justice or magistrate the information about any time out the police officer reasonably anticipates will be necessary. (4) The person or the person’s lawyer may make submissions to the magistrate or justice about the application but not submissions that unduly delay the consideration of the application. (5) The justice or magistrate may extend the detention period for a reasonable time if satisfied— (a) the nature and seriousness of the offence require the extension; and (b) further detention of the person is necessary— (i) to preserve or obtain evidence of the offence or another indictable offence; or 21 Section 49 (Removal of persons from lawful custody)
s 52 44 s 52 Police Powers and Responsibilities Act 1997 (ii) to complete the investigation into the offence or another indictable offence; or (iii) to continue questioning the person about the offence or another indictable offence; and (c) the investigation is being conducted properly and without unreasonable delay; and (d) the person, or the person’s lawyer, has been given the opportunity to make submissions about the application. (6) The justice or magistrate must state, in the order— (a) how much time is to be allowed as time out; and (b) the time, of not more than 8 hours, for which the person may be questioned. (7) The person may continue to be detained for the total of the periods decided under subsection (6). (8) However, if the total questioning period since the detention began will, if extended under subsection (5), be more than 12 hours, only a magistrate may grant an extension or extensions of the questioning for a reasonable time, of not more than 8 hours on each occasion. Example— A magistrate may grant an extension of 8 hours for questioning and a further 12 hours for reasonable time out, requiring a further application to be made within 20 hours after extending the period of detention. (9) If an application for an extension of the detention period is made before the detention period ends, the detention of a person does not end, unless the justice or magistrate refuses to extend the detention period. ˙ Effect of unforeseen delays on detention 52.(1) If, because of reasonably unforeseen time out, a delay happens in making an application for an extension of the initial period of detention of a person, the detention of the person continues to be lawful but only for the time necessary to enable the application to be made and decided. (2) If, because of reasonably unforeseen time out—
s 53 45 s 54 Police Powers and Responsibilities Act 1997 (a) questioning of a person during an extended detention period is suspended or delayed; or (b) a delay happens in making an application for an extension of the detention of the person; the detention of the person beyond the end of the detention period continues to be lawful and the time allowed for questioning is not affected. Example of unforeseen time out— A police car used to transport a suspect from Burketown to Mount Isa breaks down or can not get through because of impassable roads and the magistrate can not be contacted by phone or radio. ˙ Effect of another arrest on questioning period 53. If a person is detained for questioning under this part more than once in any period of 24 hours and questioned for a total of more than 4 hours in the 24 hours, a police officer must not continue to question the person unless the detention period is extended under section 51. 22 Example— If a person who has been arrested for a stealing offence, questioned for 3 hours is again arrested within a 24 hour period for a break and enter offence, a police officer can only question the person for 1 hour before being required to apply for an extension of the detention period. ˙ When does detention period start for offenders arrested outside Queensland 54.(1) This section applies if, because of the Service and Execution of Process Act 1992 (Cwlth), a person— (a) has been arrested in another State for an indictable offence committed in Queensland; or (b) has appeared before a magistrate in another State for an indictable offence committed in Queensland. (2) For this part, the detention period for the person starts— 22 Section 51 (Extension of detention period)
111 Police Powers and Responsibilities Act 1997 SCHEDULE 3 (continued) “class B device” means a tracking device installed in a vehicle or other moveable object without covert entry to a building by the person installing it. “commissioner” means the commissioner of the police service. “court” includes anyone conducting a committal proceeding. “covert act” means any of the following acts— (a) the making of a part 10 application; (b) the exercise of powers under this Act under a surveillance warrant or a covert search warrant; (c) the disclosure of information under section 71(2)(d)(ii) or (e). 40 “crime scene” means a primary or secondary crime scene. “crime scene warrant” see section 18. 41 “dangerous drug” see the Drugs Misuse Act 1986 . “declared law enforcement agency” means an entity declared under a regulation to be a law enforcement agency for this Act. “detention order” see the Juvenile Justice Act 1992 . “detention period” has the meaning given under section 50(3) and includes any period for which detention is extended under section 51. “driver” includes rider. “dwelling” — 1. A “dwelling” includes a building or other structure, or part of a building or other structure, kept by the owner or occupier (the “owner” ) as a residence for the owner, a member of the owner’s family or an employee of the owner. 2. In deciding whether a building or other structure is a dwelling, it is immaterial that the building or other structure is from time to time uninhabited. 40 Section 71 (Disclosure of information obtained using surveillance warrant) 41 Section 18 (Crime scene warrant)
112 Police Powers and Responsibilities Act 1997 SCHEDULE 3 (continued) 3. A building or other structure adjacent to, and occupied with, a dwelling is part of the dwelling if it is connected to the dwelling, whether directly or by a covered and enclosed passage leading from the one to the other, but not otherwise. 4. A “dwelling” also includes a boat (other than an external deck of the boat) used or kept as a residence for the owner, a member of the owner’s family or an employee of the owner. “electronically recorded” means audio recorded or video recorded. “enforcement act” means any of the following acts— (a) the search of a person; (b) the search of a vehicle, other than at a roadblock; (c) the search of premises, other than a vehicle or a public place; (d) the taking or seizing of a thing, other than under section 56(4); 42 (e) the arrest of a person; (f) the detention of a person for investigations or questioning under part 8; 43 (g) the questioning of a person in custody within the meaning of section 94; 44 (h) the exercise of powers under this Act relating to a search warrant or notice to produce; (i) the giving of a direction under section 88. 45 “enter” a place, includes re-enter the place. “entity” , in part 12A, means the CJC, QCC or the police service. “evidence of the commission of an offence” , includes— 42 Section 56 (Search of persons in custody) 43 Part 8 (Investigations and questioning) 44 Section 94 (When is a person “in custody” for this part) 45 Section 88 (Direction may be given to person)
113 Police Powers and Responsibilities Act 1997 SCHEDULE 3 (continued) (a) a thing or activity that is or may provide evidence of the offence; and (b) a thing that will, itself or by or on scientific examination, provide evidence of the commission of the offence; and (c) a thing that is intended to be used for the purpose of committing the offence; and (d) a thing that may be liable to forfeiture or may be used in evidence for a forfeiture proceeding. “explosive” see the Explosives Act 1999 . 46 “forfeiture proceeding” means a proceeding for the forfeiture or restraint of property under the Crimes (Confiscation) Act 1989 or another Act. “government entity” see the Public Service Act 1996 , section 21. 47 “identifying particulars” — (a) means any of the following— (i) palm prints; (ii) fingerprints; (iii) handwriting; (iv) voiceprints; 46 The Explosives Act 1999 , schedule 2 provides— ‘ “explosive” includes— (a) a substance or a thing containing a substance, manufactured or used with a view to produce— (i) a practical effect by explosion; or (ii) a pyrotechnic effect; and (b) a substance or thing declared under a regulation to be an explosive. Examples of explosives— Ammunition, detonators, gunpowder, nitroglycerine, pyrotechnics (including fireworks). 47 Section 21 (What is a government entity)
114 Police Powers and Responsibilities Act 1997 SCHEDULE 3 (continued) (v) footprints; and (b) includes photographs of a person’s identifying features. Examples for paragraph (b)— 1. Photographs of scars or tattoos. 2. Photographs of the person. “interview friend” means— (a) for an Aborigine or Torres Strait Islander who is at least 17— (i) a relative or another person chosen by the person; or (ii) a lawyer acting for the person; or (iii) a representative of a legal aid organisation; or (iv) a person whose name is included in a list of interview friends and interpreters; or (b) for a child— (i) a parent or guardian of the child; or (ii) a lawyer acting for the child; or (iii) a person acting for the child who is employed by an agency whose primary purpose is to provide legal services; or (iv) if no-one mentioned in subparagraphs (i) to (iii) is available—a relative or friend of the child who is acceptable to the child; or (v) if the child is an Aborigine or a Torres Strait Islander and no- one mentioned in subparagraphs (i) to (iv) is available—a person whose name is included in the list of interview friends and interpreters; or (vi) if no-one mentioned in subparagraphs (i) to (v) is available—a justice of the peace other than a justice of the peace who is a member of the Queensland Police Service, or a justice of the peace (commissioner for declarations). “knife” see the Weapons Act 1990 , section 51(5), definition “knife”.
115 Police Powers and Responsibilities Act 1997 SCHEDULE 3 (continued) “legal aid organisation” means an organisation declared under a regulation to be an organisation that provides legal assistance to Aboriginal people and Torres Strait Islanders. “list of interview friends and interpreters” means the list of interview friends and interpreters kept by the commissioner under section 105. 48 “listening device” means any instrument, apparatus, equipment or device (other than a hearing aid for persons with an auditory impairment) capable of being used to overhear, record, monitor or listen to a private conversation simultaneously with its taking place. “make an inquiry” includes find out whether someone is in a place. “monitor” means— (a) the public interest monitor appointed under section 79; or (b) a deputy public interest monitor. 49 “NCA” means the national crime authority established under the National Crime Authority Act 1984 (Cwlth). “notice to appear” means a notice to appear served under section 40. 50 “notice to produce” see section 32. 51 “organised crime” means an ongoing criminal enterprise to commit serious indictable offences in a systematic way involving a number of people and substantial planning and organisation. “parliamentary commissioner” see the CriminalJusticeAct1989 , section 3. 52 “part 10 application” means an application under part 10 for a surveillance warrant or a covert search warrant or an extension of a surveillance warrant or a covert search warrant. 48 Section 105 (List of interview friends and interpreters) 49 Section 79 (Public interest monitor) 50 Section 40 (Notice to appear may be issued for offence) 51 Section 32 (Notice to produce documents) 52 Criminal Justice Act 1989 , section 3 (Definitions)
116 Police Powers and Responsibilities Act 1997 SCHEDULE 3 (continued) “photograph” includes photocopy and videotape. “place” includes— (a) premises; and (b) vacant land; and (c) a vehicle; and (d) a place in Queensland waters; and (e) a place held under 2 or more titles or owners. “police dog” see the Police Service Administration Act 1990 , section 1.4, definition “police dog”. “police horse” see the Police Service Administration Act 1990 , section 1.4, definition “police horse”. “police service” means the Queensland Police Service. “possession” includes— (a) custody; and (b) control. “premises” includes— (a) a building or structure, or part of a building or structure, of any type; and (b) a group of buildings or structures, or part of a group of buildings or structures, of any type; and (c) the land or water where a building or structure, or a group of buildings or structures, is situated; and (d) a vehicle and a caravan; and (e) a tent or cave; and (f) premises held under 2 or more titles or owners. “prescribed place” , for part 11, 53 means— 53 Part 11 (Power to give directions in notified areas and other places)
117 Police Powers and Responsibilities Act 1997 SCHEDULE 3 (continued) (a) a shop; or (b) a child-care centre; or (c) a pre-school centre; or (d) a primary, secondary or special school; or (e) premises licensed under the Liquor Act 1992 ; or (f) a railway station and any railway land around it; or (fa) an automatic teller machine; or (g) a place declared under section 87 to be a notified area. 54 “primary crime scene” means a place— (a) where a 7 year imprisonment offence or an offence involving deprivation of liberty has happened; and (b) it is necessary to protect for the time reasonably necessary to search for and gather evidence of the commission of the offence. “private conversation” means any words spoken by one person to another person in circumstances that indicate— (a) that those persons desire the words to be heard or listened to only by themselves; or (b) that indicate that either of those persons desires the words to be heard or listened to only by themselves and by some other person; but does not include words spoken by one person to another person in circumstances in which either of those persons ought reasonably to expect the words may be overheard, recorded, monitored or listened to by some other person, not being a person who has the consent, express or implied, of either of those persons to do so. “public official” , for an authorising law, means a person who, under the authorising law, is authorised to perform inspection or enforcement functions. 54 Section 87 (Declaration of notified areas)
118 Police Powers and Responsibilities Act 1997 SCHEDULE 3 (continued) “public prosecutor” means the director, deputy director, or another lawyer appointed under the Director of Public Prosecutions Act 1984 . “QCC officer” see the Crime Commission Act 1997 , schedule, dictionary. “question” , for parts 8 and 12, means question a suspect about his or her involvement in an indictable offence. “questioning period” , means the time for which a person may be questioned under this Act in relation to an offence. “reasonably believe” means believe on grounds that are reasonable in the circumstances. “reasonably suspects” means suspects on grounds that are reasonable in the circumstances. “relevant act” means conduct of a kind mentioned in section 83 or 84. 55 “relevant criminal activity” see the CrimeCommissionAct1997 , section 9. 56 “relevant offence” , for part 9, division 2, see section 57. 57 “responsibilities code” means the code of responsibilities of police officers prescribed under a regulation. “responsible officer” , for a crime scene— (a) see section 17; 58 and (b) includes another police officer who assumes control of the crime scene. 55 Section 83 (When part applies to behaviour) or 84 (When part applies to person’s presence) 56 Crime Commission Act 1997 , section 9 (Meaning of “relevant criminal activity”) 57 Section 57 (Power to fingerprint, photograph etc.) 58 Section 17 (Initial establishment of crime scene)
119 Police Powers and Responsibilities Act 1997 SCHEDULE 3 (continued) “riot” see the Criminal Code, section 61(4). 59 “search warrant” see section 28. 60 “secondary crime scene” means a place— (a) where there may be evidence, of a significant probative value, of the commission of a serious violent offence that happened somewhere else; and (b) it is necessary to protect for the time reasonably necessary to search for and gather evidence of the commission of the offence. “seize” includes retain. “serious indictable offence” means an indictable offence involving any of the following— (a) serious risk to, or actual loss of, a person’s life; (b) serious risk of, or actual, serious injury to a person; (c) serious damage to property in circumstances endangering the safety of any person; (d) serious fraud; (e) serious loss of revenue to the State; (f) official corruption; (g) serious theft; (h) money laundering; (i) conduct related to prostitution or SP bookmaking; (j) child abuse, including child pornography; (k) a drug offence punishable by at least 20 years imprisonment. 59 The Criminal Code, section 61(4), provides as follows— ‘ (4) When an unlawful assembly has begun to act in so tumultuous a manner as to disturb the peace, the assembly is called a “riot”, and the persons assembled are said to be “riotously assembled”.’. 60 Section 28 (Search warrant)
120 Police Powers and Responsibilities Act 1997 SCHEDULE 3 (continued) “serious violent offence” means— (a) an offence involving deprivation of liberty; or (b) a 7 year imprisonment offence involving violence or a threat of violence to a person. “7 year imprisonment offence” means an indictable offence for which the maximum penalty is at least 7 years imprisonment. “surveillance device” includes— (a) a listening device; and (b) a visual surveillance device; and (c) a tracking device; and (d) a device containing any combination of the devices mentioned in paragraphs (a), (b) and (c). “surveillance warrant” see section 68. 61 “suspect” , for part 7, see section 35. 62 “tainted property” see the Crimes (Confiscation) Act 1989 , section 13. 63 “time out” includes any time reasonably required— (a) to take the person from the place where the person is arrested to the nearest place where the investigating officer has access to facilities for complying with part 12; and (b) to allow the person, or someone else on the person’s behalf, to telephone or speak to a lawyer, friend, relative, parent, guardian, interpreter or other person; and (c) to allow a lawyer, friend, relative, parent, guardian, interpreter or other person to arrive at the place where the person is to be questioned; and (d) to allow the person to receive medical attention; and 61 Section 68 (Surveillance warrants) 62 Section 35 (Arrest without warrant) 63 Crimes (Confiscation) Act 1989 , section 13 (Meaning of “tainted property”)
121 Police Powers and Responsibilities Act 1997 SCHEDULE 3 (continued) (e) to allow the person to recover from the effects of intoxication; and (f) to allow the person to rest; and (g) to allow for the questioning of co-offenders; and (h) to prepare and dispose of an application under this Act for approval of the examination of the person by a doctor or dentist; and (i) to convey the person to a suitable place for medical or dental examination or treatment; and (j) to allow for an identification parade to be arranged and held; and (k) to allow for an examination of the person under this Act by a doctor or dentist; and (l) to allow for witnesses to be interviewed; and (m) to allow for investigating police to arrive; and (n) to allow for the person to be taken to another place for the investigation or as part of the investigation; and (o) to allow for the search of any place, including a crime scene examination; and (p) to decide the appropriate nature and content of a charge against the person and to charge the person and decide whether to release the person on bail or serve on the person a notice to appear or complaint and summons. “vehicle” includes aircraft and boat. “watch-house manager” means a police officer for the time being in charge of a watch-house. “weapon” see the Weapons Act 1990 , section 5, definition “weapon”.
122 Police Powers and Responsibilities Act 1997 ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 7 Provisions that have not commenced and are not incorporated into reprint . 128 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the ReprintsAct1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 16 February 2000. Future amendments of the Police Powers and Responsibilities Act 1997 may be made in accordance with this reprint under the Reprints Act 1992, section 49.
123 Police Powers and Responsibilities Act 1997 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev = = = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted original page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR = = = = = = = = = = = = = = = SL = sub = unnum = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 Statutory InstrumentsRegulation 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 19 of 1998 6 April 1998 1A to Act No. 22 of 1999 9 July 1999 ´ 5 List of legislation Police Powers and Responsibilities Act 1997 No. 67 date of assent 1 December 1997 ss 1–2 commenced on date of assent remaining provisions commenced 6 April 1998 (see s 2) as amended by—
124 Police Powers and Responsibilities Act 1997 Police and Other Legislation (Miscellaneous Provisions) Act 1998 No. 19 ss 1–2 pt 7 date of assent 26 March 1998 commenced on date of assent Police Powers and Responsibilities Amendment Act 1999 No. 2 date of assent 18 March 1999 commenced on date of assent Child Protection Act 1999 No. 10 ss 1, 2(2), 205 sch 3 date of assent 30 March 1999 ss 1–2 commenced on date of assent remaining provisions not yet proclaimed into force Explosives Act 1999 No. 15 ss 1–2, 137 sch 1 date of assent 22 April 1999 ss 1–2 commenced on date of assent remaining provisions commenced 11 June 1999 (199 SL No. 108) PolicePowersandResponsibilitiesandOtherActs(Registers)AmendmentAct1999 No. 22 date of assent 30 April 1999 ss 1–2 commenced on date of assent remaining provisions commenced 11 June 1999 (1999 SL No. 106) Health Practitioners (Professional Standards) Act 1999 No. 58 ss 1–2 pt 14 div 14 date of assent 18 November 1999 ss 1–2 commenced on date of assent remaining provisions commenced 7 February 2000 (1999 SL No. 327) Prostitution Act 1999 No. 73 ss 1, 2(2)–(3), 179 sch 3 date of assent 14 December 1999 ss 1–2 commenced on date of assent remaining provisions not yet proclaimed into force or commence 1 July 2000 (see s 2(2)–(3) ´ 6 List of annotations Relationship to other Acts s 8 (3)–(5) exp 6 April 2000 (see s 8(5)) Appointment of police officers as public officials for other Acts s 10 amd 1998 No. 19 s 46 General power to enter to make inquiries, investigations or serve documents s 13 amd 1998 No. 19 s 47 Crime scene warrant s 18 amd 1998 No. 19 s 48 Powers at crime scene s 20 amd 1998 No. 19 s 49
125 Police Powers and Responsibilities Act 1997 Searching persons without warrant s 26 amd 1998 No. 19 s 50; 1999 No. 15 s 137 sch 1 Searching vehicles without warrant s 27 amd 1998 No. 19 s 51; 1999 No. 15 s 137 sch 1 Search warrant s 28 amd 1999 No. 22 s 4 Search to prevent loss of evidence s 31 amd 1999 No. 15 s 137 sch 1 Notice to produce documents s 32 amd 1999 No. 22 s 5 Arrest without warrant s 35 amd 1998 No. 19 s 52; 1999 No. 2 s 3 Notice to appear form s 41 amd 1998 No. 19 s 53 Court may order immediate arrest of person who fails to appear s 46 amd 1998 No. 19 s 54 Application of part s 48 amd 1998 No. 19 s 55 Removal of persons from lawful custody s 49 amd 1998 No. 19 s 56 Extension of detention period s 51 amd 1998 No. 19 s 57 Power to fingerprint, photograph etc. s 57 amd 1999 No. 15 s 137 sch 1 Surveillance warrants s 68 amd 1998 No. 19 s 58; 1999 No. 22 s 6 Powers under surveillance warrants s 70 amd 1998 No. 19 s 59 Register to be kept s 72 om 1999 No. 22 s 7 Covert search warrants s 74 amd 1999 No. 22 s 8 Report on covert search s 76 amd 1998 No. 19 s 60 Register of surveillance and covert search warrants and applications s 78 om 1999 No. 22 s 9 Acting monitor s 79A ins 1998 No. 19 s 61
126 Police Powers and Responsibilities Act 1997 Protection from liability s 82A ins 1998 No. 19 s 62 reloc to pt 10 1999 No. 22 s 10 When division applies to behaviour prov hdg amd 1998 No. 19 s 63(1) s 83 amd 1998 No. 19 s 63(2); 1999 No. 73 s 179 sch 3 When division applies to a person’s presence prov hdg amd 1998 No. 19 s 64(1) s 84 amd 1998 No. 19 s 64(2)–(3) PART 11A—WATCH-HOUSES pt hdg ins 1998 No. 19 s 65 Control of persons in watch-houses s 90A ins 1998 No. 19 s 65 Transfer of persons in watch-houses s 90B ins 1998 No. 19 s 65 Provision of information relating to a person in custody s 100 amd 1999 No. 22 s 11 Requirements after property is seized s 108 amd 1998 No. 19 s 66 Return of seized things s 110 amd 1998 No. 19 s 67 Supplying police officer’s details prov hdg amd 1999 No. 22 s 12(1) s 112 amd 1999 No. 22 s 12(2)–(4) Persons to be given copy of information in register s 117 om 1999 No. 22 s 13 PART 12A—REGISTERS pt hdg ins 1999 No. 22 s 14 Division 1—Application and purpose div 1 (ss 119A–119B) ins 1999 No. 22 s 14 Division 2—Register of surveillance and covert search warrants div 2 (ss 119C–119M) ins 1999 No. 22 s 14 Division 3—Enforcement registers div 3 (ss 119N–119S) ins 1999 No. 22 s 14 Division 4—Provisions about covert acts and enforcement acts done for the NCA div 4 (ss 119T–119U) ins 1999 No. 22 s 14 Division 5—General provisions div 5 (s 119V) ins 1999 No. 22 s 14 Assault etc. of police officer s 120 amd 1998 No. 19 s 68
127 Police Powers and Responsibilities Act 1997 Entry of place to prevent offence or injury s 122 amd 1998 No. 19 s 69 Police officer may use assistance in exercising certain powers s 123 amd 1998 No. 19 s 70 PART 16—TRANSITIONAL PROVISIONS pt hdg ins 1999 No. 22 s 15 Division 1—Provisions for Act No. 67 of 1997 div hdg ins 1999 No. 22 s 15 Transitional provision about exercise of public official’s powers s 136 exp 6 April 2000 (see 1998 SL No. 42 s 7A as ins 1999 SL No. 48 s 3) Transitional provision about noncompliance with requirements for warrants etc. s 137 exp 6 April 1999 (see s 137(2)) Transitional provision about change in way powers may be exercised s 138 exp 13 April 1998 (see s 138(3)) Division 2—Provisions for PolicePowersandResponsibilitiesandOtherActs(Registers) Amendment Act 1999 div hdg ins 1999 No. 22 s 16 Transitional provision relating to registers s 139 prev s 139 om R1 (see RA s 40) pres s 139 ins 1999 No. 22 s 16 Division 3—Transitional provision for HealthPractitioners(ProfessionalStandards) Act 1999 div hdg ins 1999 No. 58 s 532 Transitional provision about HealthPractitioners(ProfessionalStandards)Act1999 s 140 ins 1999 No. 58 s 532 SCHEDULE 1—ACTS NOT AFFECTED BY THIS ACT amd 1999 No. 10 s 205 sch 3 SCHEDULE 2—ACTS AMENDED om R1 (see RA s 40) SCHEDULE 3—DICTIONARY def “chief executive officer” ins 1999 No. 22 s 17(2) def “CJC” ins 1999 No. 22 s 17(2) def “commissioner” sub 1999 No. 22 s 17(1)–(2) def “covert act” ins 1999 No. 22 s 17(2) def “detention period” sub 1998 No. 19 s 71(1)–(2) def “enforcement act” ins 1999 No. 22 s 17(2) def “entity” ins 1999 No. 22 s 17(2) def “explosive” ins 1999 No. 15 s 137 sch 1 def “identifying particulars” amd 1998 No. 19 s 71(3) def “knife” ins 1998 No. 19 s 71(2)
128 Police Powers and Responsibilities Act 1997 def “licensed brothel” ins 1999 No. 73 s 179 sch 3 def “NCA” ins 1999 No. 22 s 17(2) def “parliamentary commissioner” ins 1999 No. 22 s 17(2) def “part 10 application” ins 1999 No. 22 s 17(2) def “police dog” ins 1998 No. 19 s 71(2) def “police horse” ins 1998 No. 19 s 71(2) def “prescribed place” amd 1998 No. 19 s 71(4) sub 1999 No. 73 s 179 sch 3 def “prostitution” ins 1999 No. 73 s 179 sch 3 def “QCC officer” ins 1999 No. 22 s 17(2) def “question” ins 1998 No. 19 s 71(2) def “relevant criminal activity” ins 1999 No. 22 s 17(2) def “solicit” ins 1999 No. 73 s 179 sch 3 def “suspect” ins 1998 No. 19 s 71(2) def “watch-house manager” ins 1998 No. 19 s 71(2) ´ 7 Provisions that have not commenced and are not incorporated into reprint The following provisions are not incorporated in this reprint because they had not commenced before the reprint date (see Reprints Act 1992, s 5(c)). Child Protection Act 1999 No. 10 s 205 sch 3 reads as follows— 1. Schedule 1— insert — ‘ Child Protection Act 1999 ’. Postitution Act 1999 No. 73 s 179 sch 3 reads as follows— 1. Section 83— insert— ‘ (3) This division also applies to a person if a police officer reasonably suspects the person is soliciting for prostitution in a prescribed place.’.
129 Police Powers and Responsibilities Act 1997 2. Schedule 3, definition “prescribed place”— omit. 3. Schedule 3— insert— ‘ “prescribed place” — (a) for part 11, 64 in relation to soliciting for prostitution, means any public place to which the public has access, whether on payment of a fee or otherwise, but does not include any area in a licensed brothel that can not be viewed from outside the brothel; and (b) for part 11, in relation to other matters, means— (i) a shop; or (ii) a child-care centre; or (iii) a pre-school centre; or (iv) a primary, secondary or special school; or (v) premises licensed under the Liquor Act 1992 ; or (vi) a railway station and any railway land around it; or (vii) an automatic teller machine; or (viii)a place declared under section 87 to be a notified area. 65 “licensed brothel” see the Prostitution Act 1999 , schedule 4. “prostitution” see the Criminal Code, section 229E. “solicit” includes the following— (a) offer to provide prostitution; (b) accept an offer to provide prostitution.’. © State of Queensland 2000 64 Part 11 (Power to give directions in notified areas and other places) 65 Section 87 (Declaration of notified areas)
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