Police Powers and Responsibilities Act 2000 (Qld)

Police Powers and Responsibilities Act 2000

An Act about the powers and responsibilities of police officers, and for other purposes

Chapter 1    Preliminary

Part 1    General

1   Short title

This Act may be cited as the Police Powers and Responsibilities Act 2000.

2   Commencement

(1)This Act, other than sections 379, 373, 374, 375, 376 and 377 and schedules 2 and 3, commences on a day to be fixed by proclamation or 1 July 2000, whichever happens first.

(2)Sections 373, 374, 375, 376 and 377 and schedule 2 commence on the date of assent.

(3)Section 379 and schedule 3 commence on a day to be fixed by proclamation.

3   Dictionary

The dictionary in schedule 6 defines words used in this Act.

4   Notes in text

A note in the text of this Act is part of this Act.

5   Purposes of Act

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;

(b)to provide 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;

(g)to provide for the forced muster of stray stock.

6   Act binds all persons

(1)This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the State, the Commonwealth or another State liable to be prosecuted for an offence.

7   Compliance with Act by police officers

(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—

1A minor contravention, for example, forgetting to make an entry in a register, may amount to a ground for disciplinary action, other than misconduct, under the Police Service Administration Act 1990 for which a police officer may be dealt with under that Act, including by correction by way of counselling.

2A contravention, for example, a police officer maliciously strip-searching a suspect in a public place, may amount to misconduct under the Police Service Administration Act 1990.

3A contravention, for example, a police officer improperly disclosing to a criminal information obtained through the use of a listening device, may amount to corrupt conduct under the Crime and Corruption Act 2001.

4A contravention, for example, a police officer deliberately holding a person in custody for questioning several hours after the end of a detention period with no intention of applying under this Act for an extension of the detention period, may amount to an offence of deprivation of liberty under the Criminal Code, section 355.

8   Act does not affect certain principles

(1)This Act does not prevent a police officer from speaking to anyone or doing anything a police officer may lawfully do apart from this Act when performing the police officer’s duties, whether or not in relation to an offence, without exercising a power under this Act or using any form of compulsion.

(2)Also, it is not the purpose of this Act to affect the principle that everyone in the community has a social responsibility to help police officers prevent crime and discover offenders.

Part 2    Effect of Act on other laws

9   Act does not affect constable’s common law powers etc.

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.

10   Act does not affect court’s common law discretion to exclude evidence or stay criminal proceedings

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 or stay the proceeding in the interests of justice.

11   Inconsistency

(1)The object of this section is to allow police officers to rely generally on this Act, as opposed to a multiplicity of Acts, for their powers and responsibilities.

(2)This section applies to a provision of another Act that confers a power or imposes a responsibility on a police officer.

(3)To the extent of any inconsistency, this Act prevails over the provision, whether enacted before or after this Act, unless the provision makes express provision to the contrary.

(4)This section applies subject to section 12.

12   Relationship to other Acts

(1)This Act does not affect the powers or responsibilities a police officer has under an Act included in schedule 1.

Example—

A police officer who has entered a place under section 609 may, under the Public Health Act 2005, section 157B, take a person to a treatment or care place within the meaning of chapter 4A of that Act.

(2)However, subsection (1) does not prevent a police officer from exercising a power or performing a responsibility under this Act for giving effect to an Act included in schedule 1.

Example—

It may be necessary for a police officer to use reasonable force under this Act to enter a place to detain a person without warrant under a provision of another Act because that Act does not include a provision allowing the police officer to use reasonable force to enter the place.

(3)Also, it is lawful for a police officer to exercise a power in accordance with this Act for giving effect to an Act included in schedule 1 even though the other Act specifies the way the power may or must be exercised.

Part 3    Appointment as, and helping, public officials

Division 1 Provisions about appointments

13   Appointment of police officers as public officials for other Acts

(1)This section applies if—

(a)an Act (authorising law) authorises someone (appointer) to appoint public officials for giving effect to the authorising law; and

(b)a police officer may be appointed as a public official under the authorising law.

(2)Despite the authorising law, the appointer may appoint a police officer as a public official for 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—

(a)has the necessary experience or expertise to be a public official for the authorising law; or

(b)has satisfactorily completed a course of training approved by the commissioner.

(4)A police officer may exercise powers as a public official under an authorising law only if and to the extent 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.

14   Declaration of police officers as public officials

(1)This section applies if, under an express provision of an Act (authorising law), a police officer is a public official.

(2)Despite the authorising law, the police officer may exercise the powers of the public official only to the extent that the commissioner first approves the exercise of the powers.

(3)The commissioner may approve the exercise of the powers only if the commissioner is satisfied the police officer—

(a)has the necessary experience or expertise to be a public official for the authorising law; or

(b)has satisfactorily completed a course of training approved by the commissioner.

Example for subsection (3)—

The commissioner may decide to approve the exercise of powers of a public official under the Biosecurity Act 2014 or the Brands Act 1915 only by police officers who are members of the unit of the police service known as the stock investigation squad.

15   Authorising provisions of other Acts apply subject to ss 13–14

A provision of another Act that expressly or impliedly authorises the appointment of a police officer as a public official or authorises a police officer to perform the functions of a public official applies subject to sections 13 and 14.

Division 2 Helping public officials

16   Helping public officials exercise powers under other Acts

(1)This section applies if an Act (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)If the public official is not present or will not be present when the help is to be given, the police officer may give the help only if the police officer is satisfied giving the help in the public official’s absence is reasonably necessary in the particular circumstances.

(6)The police officer has, while helping a public official, the same powers and protection under the authorising law as the public official has.

(7)Subsection (6) is in addition to, and does not limit, the powers and protection a police officer has under this or any other Act.

17   Steps police officer may take for failure to give name and address etc. to public official

(1)This section applies if a police officer reasonably suspects a person required by a public official under another Act to state the person’s name and address or date of birth has failed to comply with the requirement.

(2)The police officer may ask the person whether the person has a reasonable excuse for not complying with the requirement and, if the person gives an excuse, ask for details or further details of the excuse.

(3)If the person does not answer the question or gives an excuse that the police officer reasonably suspects is not a reasonable excuse, the police officer may, under chapter 2, part 4, require the person to state the following—

(a)the person’s name and address;

(b)the person’s date of birth.

Note—

See section 791 (Offence to contravene direction or requirement of police officer).

(4)This section does not apply if the public official is a police officer.

18   Steps police officer may take for obstruction of public official

(1)This section applies if a public official claims to have been obstructed by a person in the exercise of the public official’s powers and a police officer reasonably suspects the obstruction has happened.

(2)The police officer may ask the person whether the person has a reasonable excuse for the conduct and, if the person gives an excuse, ask for details or further details of the excuse.

(3)If the person does not answer the question or gives an excuse the police officer reasonably suspects is not a reasonable excuse, the police officer may require the person to stop, or not repeat, the conduct.

(4)This section does not apply if the public official is a police officer.

Chapter 2    General enforcement powers

Part 1    Entry, inquiries and inspection

19   General power to enter to make inquiries, investigations or serve documents

(1)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 be trespass.

(2)However, this section does not authorise entry to a private place if a provision of this Act or another Act provides for entry in the particular circumstances only under a search warrant or other stated authority.

Note—

See, for example, the Disaster Management Act 2003, section 111.

(3)A police officer may enter a place and stay for a reasonable time on the place to inquire into or investigate a matter.

Examples for subsection (3)—

1The entry may be to a public area of a place such as a hotel or a nightclub for finding out if an offence is being or has been committed on the place.

2The entry may be for finding out if a person reasonably suspected of being involved in the commission of an offence is at a place.

3The 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 only use minimal force to enter the place.

Example for subsection (6)—

turning a door handle to open an unlocked door and opening the door

20   What is a reasonable time to stay on a place

(1)What is a reasonable time to stay on a place a police officer enters to investigate a matter, make an inquiry or serve a document must be decided according to the particular circumstances.

(2)If the entry is for investigating a matter or making an inquiry, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to do the following for deciding whether any other action is necessary to fulfil a function of the police service—

(a)ask questions of anyone present at the place;

(b)make any reasonable investigation or observation.

Note—

For the functions of the police service, see the Police Service Administration Act 1990, section 2.3 (Functions of service).

(3)If the entry is for serving a document, a reasonable time for a police officer to stay on a place is the time reasonably necessary for the police officer to ask questions for serving the document and to serve the document according to law.

21   General power to enter to arrest or detain someone or enforce warrant

(1)A police officer may enter a place and stay for a reasonable time on the place—

(a)to arrest a person without warrant; or

(b)to arrest a person named in a warrant; or

(c)to detain a person named in a forensic procedure order or a registered corresponding forensic procedure order; or

(d)to detain a person who may be detained under an order made under section 471, 484, 485, 488 or 514; or

(e)to detain a person under another Act.

Note—

See section 635 (Use of force likely to cause damage to enter places) for relevant safeguards.

(2)If the place contains a dwelling, a police officer may enter the dwelling without the consent of the occupier 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)If the place is a vehicle, a police officer may stop and detain the vehicle and enter it to arrest or detain the person.

(4)A police officer who enters a place under this section may search the place for the person.

(5)In this section—

arrest, a person named in a warrant, includes apprehend, take into custody, detain, and remove to another place for examination or treatment.

21A   Power to enter residence of reportable offender

(1)A police officer may, at any time, enter premises where a reportable offender generally resides—

(a)to verify the offender’s personal details reported by the offender under—

(i)the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004; or

(ii)a supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003; or

(b)to carry out an inspection under section 21B.

(2)In this section—

generally reside, for a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

personal details, of a reportable offender, see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

premises, for a reportable offender, does not include a part of the premises used exclusively by a person other than the offender.

21B   Power to demand production of and inspect digital devices in possession of reportable offender

(1)This section applies in relation to a reportable offender if—

(a)in the last 3 months, the reportable offender was—

(i)released from government detention; or

(ii)sentenced to a supervision order; or

(b)the reportable offender has been convicted of a device inspection offence; or

(c)a device inspection order is made for the reportable offender under section 21C.

(2)A police officer may—

(a)require the reportable offender to produce, or otherwise make available, for inspection each digital device in the reportable offender’s possession; and

(b)inspect a digital device in the reportable offender’s possession.

(3)However, a police officer may not carry out an inspection in relation to a reportable offender in the circumstances mentioned in subsection (1)(b)—

(a)unless the offender has been given a notice under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, section 68(4); or

(b)if at least 4 inspections have been carried out under this section in relation to the offender within the previous 12 months.

(4)For subsection (3)(b), each occasion on which a police officer inspects 1 or more digital devices counts as 1 inspection.

(5)In this section—

device inspection offence means—

(a)an offence against any of the following provisions of the Criminal Code—

•section 218A

•section 228DA

•section 228DB; or

(b)an offence against any of the following provisions of the Criminal Code if the offence was committed using an electronic communication network or digital device—

•section 218B

•section 228B

•section 228C

•section 228D

•section 229B; or

(c)an offence against any of the following provisions of the Criminal Code (Cwlth)—

•section 474.22

•section 474.23

•section 474.23A

•section 474.25A

•section 474.25C

•section 474.26

•section 474.27

•section 474.27AA

•section 474.27A; or

(d)an offence against any of the following provisions of the Criminal Code (Cwlth) if the offence was committed using an electronic communication network or digital device—

•section 271.4

•section 271.7

•section 273.6

•section 273.7; or

(e)an offence against either of the following provisions of the Criminal Code (Cwlth), as in force from time to time before being repealed by the Combatting Child Sexual Exploitation Legislation Amendment Act 2019 (Cwlth)—

•section 474.19

•section 474.20; or

(f)an offence against a law of a foreign jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a), (b), (c), (d) or (e).

digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

electronic communication network means a network, or part of a network, of computers or other devices (whether or not part of the internet) that is, or can be, used for electronic communication or the electronic exchange of information.

government detention see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

inspect, a digital device, includes inspect the digital device using software.

supervision order see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

21C   Magistrate may make device inspection order for reportable offender

(1)This section applies if, in relation to a reportable offender, the circumstances mentioned in section 21B(1)(a) and (b) do not apply.

(2)A police officer may apply to a magistrate for an order (a device inspection order) authorising a police officer, on a stated day or on 1 day during a stated period, to inspect any digital devices in the possession of a reportable offender.

(3)The magistrate may make the device inspection order if satisfied there is an elevated risk that the reportable offender will engage in conduct that may constitute a reportable offence against, or in relation to, a child or children.

(4)In this section—

digital device see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

reportable offence see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, schedule 5.

21D   Offence to contravene requirement to produce digital device

(1)A reportable offender commits a crime if the reportable offender, without reasonable excuse, contravenes a requirement under section 21B(2)(a).

Maximum penalty—300 penalty units or 5 years imprisonment.

(2)It is not a reasonable excuse for the reportable offender to contravene the requirement that complying with it would tend to incriminate the person.

22   Power to enter etc. for relevant laws

(1)For ensuring compliance with a relevant law, a police officer may 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 law;

(b)inspect, photograph or copy a prescribed item there or at a place with appropriate facilities for photographing or copying the item;

(c)seize a thing to which the relevant law applies, if the thing is evidence of the commission of an offence against the relevant law or another Act;

(d)require a licence holder or someone else apparently in possession of prescribed items to produce stated prescribed items for inspection;

(e)inspect security measures a person must maintain under the relevant law;

(f)require a licence holder or person apparently in possession or in charge of the place to give to the police officer reasonable help to do something mentioned in paragraph (b) or (e).

(2)A police officer may 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.

(3)If a police officer takes a prescribed item to a place with facilities for photographing or copying the item, the police officer must—

(a)give the person from whom it is taken a receipt for the item as if it had been seized under this Act; and

(b)return the item to the place from which it was taken—

(i)as soon as practicable, but no later than the end of the next day the place is open for business; or

(ii)if a later time is agreed in writing between the police officer and the person from whom it was taken, no later than the later time.

(4)Each of the following persons is taken for this section to be a licence holder under a relevant law—

(a)a person who is required under the Drugs Misuse Act 1986, section 43D to keep a register;

(b)a person who is required under the Road Use Management Act, section 133 to record information;

(c)a person who is required under the Medicines and Poisons Act 2019 to make a record in relation to a sale by retail of a substance that is a prescribed item.

(5)Also, each of the following places is taken for this section to be a place used under a licence under a relevant law—

(a)a place used by a person to carry out activities for which entries must be made in a register as mentioned in subsection (4)(a);

(aa)a place used by a person to carry out activities for which information must be recorded as mentioned in subsection (4)(b);

(b)a place used by a person to carry out activities for which records must be made as mentioned in subsection (4)(c).

(6)In this section—

inspect includes examine and test.

prescribed item means—

(a)a document or thing that is required or permitted to be kept under a relevant law; or

(b)a thing declared under a regulation to be a prescribed item for this section.

23   What is a reasonable time for entry etc. for a relevant law

(1)A reasonable time for a police officer to enter a place for exercising a power in relation to a relevant law includes—

(a)when the place is open to or used by the public; and

(b)when the police officer may reasonably expect that someone will be present at the place; and

(c)when someone is present at the place.

(2)However, if no-one is at a building on a place a police officer enters under subsection (1)(b), the time stops being a reasonable time for the entry.

24   Requirement by a police officer for a relevant law

(1)This section applies if a police officer requires a licence holder or person apparently in possession or in charge of a place used for a purpose under a licence under a relevant law to give the police officer reasonable help.

(2)What is reasonable help must be decided according to the particular circumstances.

Examples for subsection (2)—

1It may be reasonable for a person who can operate a computer to help a police officer to gain access to a document on the computer so it can be inspected.

2It may be reasonable for a person to open a safe or strong room where prescribed items are kept.

25   Power to demand production of licence etc. for weapons

(1)This section applies if a person is required under the Weapons Act 1990—

(a)to be the holder of a licence or permit to acquire under that Act; or

(b)to have the approval of any person; or

(c)to keep a register or record.

(2)A police officer may require the person to produce to a police officer for inspection at a stated reasonable place and time, within 48 hours, any of the following documents—

(a)the photo licence or permit to acquire;

(b)a certificate or other evidence of approval;

(c)the register or record.

(3)A police officer may also require the individual to produce for inspection at a stated reasonable place and time, within 48 hours, any weapon still in the individual’s possession and mentioned in any of the documents.

(4)However, if an individual has physical possession of a weapon, a police officer may require the individual to produce immediately to the police officer for inspection the weapon and the photo licence authorising possession of the weapon.

(5)This section is in addition to, and does not limit, section 22.

Part 2    Searching persons, vehicles and places without warrant

Division 1 Roadblocks

26   Roadblocks

(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 seven year imprisonment offence; or

(b)may be unlawfully depriving someone else of liberty; or

Note—

For what is unlawful deprivation of liberty, see the Criminal Code, section 355.

(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)In deciding whether to establish a roadblock, 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.

(3)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.

27   Procedure for establishing roadblocks

Before a police officer decides where to establish a roadblock, the senior police officer present must consider—

(a)the effect the roadblock may have on road safety and public safety; and

(b)the likelihood of a dangerous situation happening if a person sought is located at the roadblock; and

(c)any other relevant safety considerations.

Example—

If the person sought is believed to be armed and dangerous, the police officer establishing the roadblock may decide not to establish it in a populated location.

28   Record of roadblock to be made

The senior police officer present at a roadblock must ensure—

(a)a record is made of relevant details of the roadblock including, for example, the reasons for establishing it, when and where it was established, for how long, and whether the roadblock led to a person sought being located or arrested; and

(b)a copy of the record is given to a person nominated by the commissioner for the purpose.

Division 2 Searching persons without warrant

29   Searching persons without warrant

(1)A police officer who reasonably suspects any of the prescribed circumstances for searching a person without a warrant exist may, without a warrant, do any of the following—

(a)stop and detain a person;

(b)search the person and anything in the person’s possession for anything relevant to the circumstances for which the person is detained.

(2)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 self harm or harm to someone else; or

(c)if section 30(1)(b) applies, that is an antique firearm.

30   Prescribed circumstances for searching persons without warrant

(1)The prescribed circumstances for searching a person without a warrant are as follows—

(a)the person has something that may be—

(i)a weapon, knife or explosive the person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or

(ii)an unlawful dangerous drug; or

(iii)stolen property; or

(iv)unlawfully obtained property; or

(v)tainted property; or

(vi)evidence of the commission of a seven year imprisonment offence that may be concealed on the person or destroyed; or

(vii)evidence of the commission of an offence against the Criminal Code, section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or

(viii)evidence of the commission of an offence against the Summary Offences Act 2005, section 17, 23B or 23C; or

(ix)evidence of the commission of an offence against the Liquor Act 1992, section 168B or 168C;

(b)the person possesses an antique firearm and is not a fit and proper person to be in possession of the firearm—

(i)because of the person’s mental and physical fitness; or

(ii)because a domestic violence order has been made against the person; or

(iii)because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon;

(c)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, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug;

(d)the person has something the person intends to use to cause self harm or harm to someone else;

(e)the person is at a casino and may have contravened, or attempted to contravene, the Casino Control Act 1982, section 103 or 104;

(f)the person has committed, is committing, or is about to commit—

(i)an offence against the Racing Act 2002 or Racing Integrity Act 2016; or

(ii)an offence against the Corrective Services Act 2006, section 128, 129 or 132, or the repealed Corrective Services Act 2000, section 96, 97 or 100; or

(iii)an offence that may threaten the security or management of a prison or the security of a prisoner;

(g)the person has committed, is committing, or is about to commit an offence against the Penalties and Sentences Act 1992, section 161ZI;

(h)the person has committed, or is committing, an offence against the Summary Offences Act 2005, section 10C;

(ha)the person has committed, or is committing, an offence against the Criminal Code, section 52D;

(i)the person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders;

(j)the person has committed, is committing, or is about to commit, an offence against the Termination of Pregnancy Act 2018, section 15 or 16;

(k)the person has something that may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity;

(l)the person has failed to comply with a requirement under section 39BA, 39E or 39G of a police officer.

(2)For subsection (1)(k), a relevant lawful activity is disrupted by using a dangerous attachment device if the use—

(a)unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994, schedule 6; or

Example—

placing an obstacle, on a railway, that stops the passage of rolling stock

(b)stops a person from entering or leaving a place of business; or

(c)causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.

Division 3 Searching vehicles without warrant

31   Searching vehicles without warrant

(1)A police officer who reasonably suspects any of the prescribed circumstances for searching a vehicle without a warrant exist may, without warrant, do any of the following—

(a)stop a vehicle;

(b)detain a vehicle and the occupants of the vehicle;

(c)search a vehicle and anything in it for anything relevant to the circumstances for which the vehicle and its occupants are detained.

(2)Also, a police officer may stop, detain and search a vehicle and anything in it if the police officer reasonably suspects—

(a)the vehicle is being used unlawfully; or

(b)a person in the vehicle may be arrested without warrant under section 365 or under a warrant under the Corrective Services Act 2006.

(3)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.

(4)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 and search the vehicle at that place.

(5)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 self harm or harm to someone else; or

(c)if section 32(1)(b) applies, that is an antique firearm.

(6)Power under this section to search a vehicle includes power to enter the vehicle, stay in it and re-enter it as often as necessary to remove from it a thing seized under subsection (5).

32   Prescribed circumstances for searching vehicle without warrant

(1)It is a prescribed circumstance for searching a vehicle without a warrant that there is something in the vehicle that—

(a)may be a weapon, knife or explosive a person may not lawfully possess, or another thing that the person is prohibited from possessing under a domestic violence order or an interstate domestic violence order; or

(b)may be an antique firearm that a person possesses and the person is not a fit and proper person to possess the firearm—

(i)because of the person’s mental and physical fitness; or

(ii)because a domestic violence order has been made against the person; or

(iii)because the person has been found guilty of an offence involving the use, carriage, discharge or possession of a weapon; or

(c)may be an unlawful dangerous drug; or

(d)may be stolen property; or

(e)may be unlawfully obtained property; or

(f)may have been used, is being used, is intended to be used, or is primarily designed for use, as an implement of housebreaking, for unlawfully using or stealing a vehicle, or for the administration of a dangerous drug; or

(g)may be evidence of the commission of an offence against any of the following—

•the Racing Act 2002

•the Racing Integrity Act 2016

•the Corrective Services Act 2006, section 128, 129 or 132

•the Nature Conservation Act 1992; or

(h)may have been used, is being used, or is intended to be used, to commit an offence that may threaten the security or management of a prison or the security of a prisoner; or

(i)may be tainted property; or

(j)may be evidence of the commission of a seven year imprisonment offence that may be concealed or destroyed; or

(k)may be evidence of the commission of an offence against the Criminal Code, section 469 that may be concealed on the person or destroyed if, in the circumstances of the offence, the offence is not a seven year imprisonment offence; or

(l)may be evidence of the commission of an offence against the Summary Offences Act 2005, section 17, 23B or 23C; or

(m)may be something the person intends to use to cause self harm or harm to someone else; or

(n)may be evidence of the commission of an offence against the Penalties and Sentences Act 1992, section 161ZI; or

(o)may be evidence of the commission of an offence against the Termination of Pregnancy Act 2018, section 15 or 16; or

(p)may be a dangerous attachment device that has been used, or is to be used, to disrupt a relevant lawful activity.

(2)Also, the following are prescribed circumstances for searching a vehicle without a warrant—

(a)the driver or a passenger in the vehicle has committed, or is committing, an offence against—

(i)the Summary Offences Act 2005, section 10C; or

(ii)the Criminal Code, section 52D;

(b)the vehicle is being used by, or is in the possession of, a person who has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.

(3)For subsection (1)(p), a relevant lawful activity is disrupted by using a dangerous attachment device if the use—

(a)unreasonably interferes with the ordinary operation of transport infrastructure within the meaning of the Transport Infrastructure Act 1994, schedule 6; or

Example—

placing an obstacle, on a railway, that stops the passage of rolling stock

(b)stops a person from entering or leaving a place of business; or

(c)causes a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.

Division 4 Searching public places without warrant

33   Searching public places without warrant

(1)It is lawful for a police officer to exercise the following powers in a public place without a search warrant—

(a)power to enter the public place and to stay on it for the time reasonably necessary to exercise powers mentioned in paragraphs (b) to (f);

(b)power to search the public place for anything that may be evidence of the commission of an offence;

(c)power to seize a thing found at the public place, or on a person found at the public place, that a police officer reasonably suspects may be evidence of the commission of an offence;

(d)power to photograph anything the police officer reasonably suspects may provide evidence of the commission of an offence;

(e)power to dig up land;

(f)power to open anything that is locked.

(2)However, if this section applies to a place because it is a public place while it is ordinarily open to the public, the police officer may search the place only—

(a)with the consent of the occupier of the place; or

(b)under a search warrant; or

(c)under chapter 7, part 2.

(3)If the occupier consents, the police officer may exercise search warrant powers at the place.

Part 3    Use of detection dogs without warrant

34   Definitions for pt 3

In this part—

body art tattooing business see the Tattoo Industry Act 2013, schedule 1.

detection dog means—

(a)a drug detection dog; or

(b)a firearms and explosives detection dog.

drug detection includes—

(a)walking or placing a drug detection dog in the vicinity of a person to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug on the person; and

(b)walking or placing a drug detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the drug detection dog can detect the scent of an unlawful dangerous drug in or on the vehicle or thing.

drug detection dog means a dog trained to detect unlawful dangerous drugs.

event means—

(a)a major event; or

(b)a sports, recreational or entertainment event held at a major sports facility under the Major Sports Facilities Act 2001; or

(c)a sports, recreational or entertainment event, not mentioned in paragraph (b), that is open to the public, whether on payment of a fee or not.

Example of an entertainment event for paragraph (c)—

a musical concert held at the Mt Gravatt showgrounds

explosives detection includes—

(a)walking or placing a firearms and explosives detection dog in the vicinity of a person to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms on the person; and

(b)walking or placing a firearms and explosives detection dog in, on, or in the vicinity of, a vehicle or a thing to ascertain whether the firearms and explosives detection dog can detect the scent of explosives or firearms in or on the vehicle or thing.

handler, of a detection dog, means a handler within the meaning of the Police Service Administration Act 1990.

licensed premises ...

tattoo parlour means a place at which a body art tattooing business is being conducted.

unlawful dangerous drug—

(a)means a dangerous drug mentioned in the Drugs Misuse Regulation 1987, schedule 1; and

(b)includes—

(i)Gamma hydroxybutyric acid, commonly known as GBH; and

(ii)3,4-Methylenedioxymethamphetamine (MDMA), commonly known as Ecstasy.

35   Use of detection dogs in particular places

(1)A handler may, without warrant, use a drug detection dog to carry out drug detection in relation to a relevant person or thing.

(2)A handler may, without warrant, use a firearms and explosives detection dog to carry out explosives detection in relation to a relevant person or thing.

(3)This section applies despite any other law.

(4)In this section—

relevant person or thing means—

(a)a person who is in a public place; or

(b)a person who is in the immediate vicinity of, is about to enter, is in, or is leaving, a place at which an event is being held; or

(c)a person who is about to enter, is in, or is leaving, licensed premises; or

(d)a person who is about to enter, is in, or is leaving, a tattoo parlour; or

(e)a thing in a place mentioned in paragraph (a), (b), (c) or (d), or on land associated with the place, whether or not the thing is in the physical possession of a person.

36   Police officers and detection dogs may enter and remain on particular places

(1)For carrying out drug detection under section 35(1), a drug detection dog, the drug detection dog’s handler and any other police officer may enter and remain on a relevant place.

(2)For carrying out explosives detection under section 35(2), a firearms and explosives detection dog, the firearms and explosives detection dog’s handler and any other police officer may enter and remain on a relevant place.

(3)For subsections (1) and (2), the power to enter and remain on a relevant place includes power to enter and remain on land associated with the relevant place.

Example of land associated with a relevant place—

land on which car parking is provided for patrons of the relevant place

(4)This section applies despite any other law.

(5)In this section—

relevant place means—

(a)a public place; or

(b)a place at which an event is being held; or

(c)licensed premises; or

(d)a tattoo parlour.

37   Reasonable suspicion may be based on indication of detection dog

(1)This section applies if a provision of this Act requires a police officer to form a reasonable suspicion that a person has something, or there is something in a vehicle, that may be an unlawful dangerous drug or explosives or firearms, before the police officer may exercise a power in relation to the person or vehicle.

(2)It is sufficient for the police officer to form a reasonable suspicion that the person has something, or there is something in the vehicle, that may be an unlawful dangerous drug or explosives or firearms, if a detection dog indicates it has detected an unlawful dangerous drug or explosives or firearms—

(a)on the person or on, or in, a thing in the person’s physical possession; or

(b)on or in a thing, not in the person’s physical possession but which the police officer reasonably suspects is connected with the person, that is at the place the detection dog is carrying out the drug detection or explosives detection; or

(c)in the vehicle.

38   Protection from liability for acts done by detection dogs

(1)This section applies if—

(a)the handler of a detection dog is using the detection dog to carry out detection; and

(b)the detection dog—

(i)physically intrudes onto a person or the clothing of a person, or otherwise comes into contact with a person, while the detection dog is carrying out the detection; or

(ii)causes damage to a thing that has in or on it an unlawful dangerous drug or explosives or firearms.

(2)The handler does not incur civil liability for an act done, or omission made, honestly and without negligence, in the circumstances to which this section applies.

(3)The State does not incur civil liability in the circumstances to which this section applies—

(a)for an act done by the detection dog; or

(b)for an act or omission of the handler.

(4)However, if—

(a)the act of the detection dog; or

(b)the act or omission of the handler;

causes bodily harm to a person and subsection (2) prevents civil liability attaching to the handler, the civil liability attaches instead to the State.

(5)The handler is not criminally responsible for an act done by the detection dog in the circumstances to which this section applies other than for an attack by the detection dog on a person intentionally caused by the handler or for which the handler is criminally responsible under the Criminal Code, section 289.

(6)This section does not prevent the State or the handler from relying on another provision of an Act to limit civil liability or criminal responsibility.

Examples of other Acts that may limit civil liability or criminal responsibility—

•Civil Liability Act 2003

•Criminal Code, sections 25, 271, 272 and 273

•Police Service Administration Act 1990, section 10.5

(7)In this section—

bodily harm includes physical injury, grievous bodily harm, and death, but does not include mental, psychological or emotional harm.

detection means drug detection under section 35(1) or explosives detection under section 35(2).

handler, of a detection dog, includes a police officer helping the handler of the detection dog.

39   Effect of part on use of detection dogs under search warrants

To remove any doubt, it is declared that this part does not restrict the powers of a police officer to use a drug detection dog to carry out drug detection, or a firearms and explosives detection dog to carry out explosives detection, in conducting a search of a place under a search warrant or without a warrant.

Part 3A    Jack’s Law—Use of hand held scanners without warrant

39AA    Purpose of part

The purpose of this part is to detect or deter the commission of an offence involving the possession or use of a knife or other weapon.

39A   Definitions for part

In this part—

adjacent public area, to premises, a facility or another place, means—

(a)a public carpark adjacent to the premises, facility or other place; or

(b)a public place adjacent to an entry or exit to the premises, facility or other place.

Example—

a public footpath on which persons are queuing to enter the premises

hand held scanner authority see section 39C(3).

licensed premises includes an adjacent public area to the premises.

public carpark means a carpark that is a public place.

public transport station see section 39B.

public transport vehicle means the following vehicles, within the meaning of the Transport Operations (Passenger Transport) Act 1994—

(a)a train or other public passenger vehicle being operated by a railway manager or railway operator;

(b)a light rail vehicle or other public passenger vehicle being operated by a light rail manager, or light rail operator, for a light rail;

(c)a bus or other motor vehicle being used for a general route service;

(d)a ferry being used for a general route service.

retail premises—

(a)means premises used wholly or predominantly for carrying on a business selling goods, or providing services, in person to the public; and

(b)includes an adjacent public area to premises mentioned in paragraph (a).

senior police officer means—

(a)a police officer of at least the rank of inspector; or

(b)a police officer of at least the rank of senior sergeant authorised by the commissioner to issue an authority under this part.

shopping centre—

(a)means a cluster of at least 5 premises to which the following apply—

(i)at least 5 of the premises are retail premises;

(ii)the retail premises are located in—

(A)1 building; or

(B)2 or more buildings that are adjoining or are separated only by a public place;

(iii)the cluster of premises is promoted, or generally regarded, as constituting a shopping centre, shopping mall, shopping court or shopping arcade; and

(b)includes an adjacent public area to premises mentioned in paragraph (a).

sporting or entertainment venue—

(a)means—

(i)a major sports facility under the Major Sports Facilities Act 2001; or

(ii)another place while it is being used for a sporting, recreation, conference or entertainment event; and

Examples—

•a community sporting facility being used for a football match

•a building being used for a conference event

•a park being used for a concert

•a road being used for a running or motor racing event

(b)includes an adjacent public area to a facility or place mentioned in paragraph (a).

use, a hand held scanner in relation to a person, means to pass the hand held scanner in close proximity to the person or the person’s belongings.

39B   Meaning of public transport station

A public transport station—

(a)is a station, platform or other structure for the taking on and letting off of passengers of a public transport vehicle; and

Examples—

The following stations, platforms or other structures within the meaning of the Transport Operations (Passenger Transport) Act 1994—

•a railway station or platform

•a light rail station or platform

•facilities for passengers to interchange between the same or different modes of transport, for example, the Cannon Hill bus interchange and the Roma Street busway/railway interchange

•a bus station

•a bus stop, including the area in the immediate vicinity of the bus stop

•a jetty or other structure at which a ferry makes a scheduled stop for a ferry service, and any associated structure.

(b)includes—

(i)car parks and set-down facilities for passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and

(ii)another structure or facility for the use or convenience of passengers of a public transport vehicle that makes scheduled stops at the station, platform or structure; and

Examples of other structures or facilities—

overhead or underground walkways between platforms, footpaths, seating

(iii)landscaping associated with the station, platform or structure.

39BA    Use of hand held scanner without warrant in relevant places

(1)A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place at, in or on any of the following places (each a relevant place)—

(a)licensed premises;

(b)a public transport station;

(c)a public transport vehicle;

(d)retail premises;

(e)a safe night precinct;

(f)a shopping centre;

(g)a sporting or entertainment venue.

(2)If a police officer starts to exercise a power in relation to a person under subsection (1) while at, in or on a relevant place, the police officer may continue to exercise the power in a public place in relation to the person, even if the person leaves the relevant place.

39C   Authorisation by senior police officer

(1)A senior police officer may authorise the use of a hand held scanner at, in or on a public place, other than a relevant place under section 39BA(1).

(2)However, the senior police officer may issue an authority only if the senior police officer considers the use of a hand held scanner at, in or on the public place is likely to be effective to detect or deter the commission of an offence involving the possession or use of a knife or other weapon.

(3)An authority issued under this section is a hand held scanner authority.

39D   Form and effect of hand held scanner authority

(1)A hand held scanner authority must state—

(a)the day and time the authority starts and ends; and

(b)the address, place name or description of the public place for which the authority is issued; and

(c)the reasons for which the authority is issued for the public place.

(2)The hand held scanner authority has effect for 12 hours after the authority starts.

39E   Authorised use of hand held scanner without warrant in stated public places

(1)This section applies if a hand held scanner authority is in effect for a stated public place under section 39C.

(2)A police officer may, without a warrant, require a person to stop and submit to the use of a hand held scanner in a public place at, in or on the stated public place.

(3)If a police officer starts to exercise a power in relation to a person under subsection (2) while at, in or on the stated public place, the police officer may continue to exercise the power in a public place in relation to the person, even if the person leaves the stated place.

39F   [Repealed]

39FA   [Repealed]

39FB   [Repealed]

39FC   [Repealed]

39G   Requirements if hand held scanner indicates metal

(1)This section applies if—

(a)a police officer uses a hand held scanner in relation to a person under section 39BA or 39E; and

(b)the hand held scanner indicates that metal is, or is likely to be, present.

(2)The police officer may require the person—

(a)to produce the thing that may be causing the hand held scanner to indicate that metal is, or is likely to be, present; and

(b)to resubmit to the use of a hand held scanner.

Note—

See sections 29 and 30(1)(l) for the power to search a person without a warrant.

39H   Safeguards for exercise of powers

(1)This section applies if a police officer exercises a power under section 39BA or 39E to require a person to stop and submit, or resubmit, to the use of a hand held scanner.

(2)The police officer must exercise the power in the least invasive way that is practicable in the circumstances.

(3)The police officer may detain the person for so long as is reasonably necessary to exercise the power.

(4)The police officer must—

(a)if requested by the person, inform the person of the police officer’s name, rank and station; and

(b)if requested by the person, provide the information mentioned in paragraph (a) in writing; and

(c)produce the police officer’s identity card for inspection by the person unless the police officer is in uniform; and

(d)inform the person that the person is required to allow the officer to use a hand held scanner to determine whether the person is carrying a knife or other weapon; and

(e)inform the person that a failure to comply with a requirement under section 39BA, 39E or 39G is a prescribed circumstance under section 30(1)(l).

Note—

See sections 29 and 30(1)(l) for the power to search a person without a warrant.

(5)Section 637 does not apply if a police officer stops or detains a person under this part.

39I   [Repealed]

39J   [Repealed]

39K   Effect of part on power to search person without warrant

To remove any doubt, it is declared that—

(a)the power conferred by this part for a police officer to use a hand held scanner in relation to a person without a warrant does not confer power on a police officer to search a person without a warrant; and

(b)this part does not affect the power of a police officer to search a person without a warrant under part 2, division 2.

39L   [Repealed]

Part 4    Power to require name, address or age

Division 1 Powers relating to name and address

40   Person may be required to state name and address

(1)A police officer may require a person to state the person’s correct name and address in prescribed circumstances.

(2)Also, the police officer may require the person to give evidence of the correctness of the stated name and 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 or address or to otherwise be able to give the evidence.

(3)A person does not commit an offence against section 791 if the person was required by a police officer to state the person’s name and address and the person is not proved—

(a)for section 41(a) or (b)—to have committed the offence; or

(b)for section 41(f)—to be the person named in the warrant, summons, order or court document; or

(c)for section 41(h)—to have been involved or to be about to be involved in domestic violence or associated domestic violence; or

(d)for section 41(i) or (j)—to have been able to help in the investigation.

(4)Also, a person does not commit an offence against section 791 if—

(a)the person was required by a police officer to state the person’s name and address for enforcing the Tobacco and Other Smoking Products Act 1998 in relation to the supply of a smoking product to a child; and

(b)no-one is proved to have committed an offence against that Act.

(5)In this section—

address means current place of residence.

41   Prescribed circumstances for requiring name and address

The prescribed circumstances for requiring a person to state the person’s name and address are as follows—

(a)a police officer finds the person committing an offence;

(b)a police officer reasonably suspects the person has committed an offence, including an extradition offence;

(c)a police officer is about to take—

(i)the person’s identifying particulars under an identifying particulars notice or an order of a court made under section 471 or 514; or

(ii)a DNA sample from the person under a DNA sample notice or an order made under section 484, 485, 488 or 514;

(d)an authorised examiner is about to perform a non-medical examination under a non-medical examination notice or under section 514;

(e)a police officer is about to give, is giving, or has given a person a noise abatement direction, an initial nuisance direction or a final nuisance direction;

(f)a police officer is attempting to enforce a warrant, forensic procedure order or registered corresponding forensic procedure order or serve on a person—

(i)a forensic procedure order or registered corresponding forensic procedure order; or

(ii)a summons; or

(iii)another court document;

(g)a police officer reasonably believes obtaining the person’s name and address is necessary for the administration or enforcement of an Act prescribed under a regulation for this section;

(h)a police officer reasonably suspects the person has been or is about to be involved in domestic violence or associated domestic violence;

(i)a police officer reasonably suspects the person may be able to help in the investigation of—

(i)domestic violence or associated domestic violence; or

(ii)a relevant vehicle incident;

(j)a police officer reasonably suspects the 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;

(k)the person is the person in control of a vehicle that is stationary on a road or has been stopped under section 60;

(l)under chapter 17, a qualified person for performing a forensic procedure is about to perform the forensic procedure on the person;

(m)a police officer is about to give, is giving, or has given a person a police banning notice under chapter 19, part 5A;

(n)a police officer is about to give, is giving, or has given a person any of the following under the Peace and Good Behaviour Act 1982—

(i)a public safety order;

(ii)a restricted premises order;

(iii)a fortification removal order;

(o)a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.

41A   Power to require identifying particulars of person for official warning for consorting

(1)This section applies if—

(a)a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders; and

(b)the police officer has required the person, under section 40(2), to give evidence of the correctness of the person’s stated name and address; and

(c)the person can not provide evidence of the correctness of the person’s stated name and address when the requirement is made or at another convenient location.

Example of another convenient location—

the person’s vehicle, containing the person’s driver’s licence, parked nearby

(2)The police officer may require the person to allow the police officer to take or photograph all or any of the person’s identifying particulars for the sole purpose of establishing the name, address and date of birth of the person.

(3)The identifying particulars must be destroyed, in the presence of a justice, as soon as practicable after establishing the name, address and date of birth of the person.

(4)A person does not commit an offence against section 791 if—

(a)the person was required to do something under subsection (2); and

(b)the court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.

Division 2 Powers relating to age

42   Power for age-related offences and for particular motor vehicle related purposes

(1)This section applies if—

(a)a person is at a place and the age of the person is relevant to the person’s entitlement to be at the place; or

(b)a person is engaging in an activity and the age of the person is relevant to the person’s entitlement to engage in the activity; or

(c)the person’s age is relevant to any of the following—

(i)giving a notice in relation to a motor vehicle impounded or immobilised under chapter 4;

(ii)giving a noise abatement direction in relation to excessive noise emitted by a motorbike being driven on a place other than a road;

(iii)the making of an application for an impounding order or a forfeiture order under chapter 4;

(iv)the making of an application under section 589 for a noise abatement order;

(v)deciding whether a person is driving a motor vehicle in contravention of a provision of a regulation made under the Road Use Management Act that restricts the number of passengers below a stated age who may be in a motor vehicle while the person is driving it (a regulation restriction);

(vi)deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998, section 117;

(vii)giving a person a police banning notice under chapter 19, part 5A.

Examples for subsection (1)—

1The age of a person is relevant to a person’s entitlement to be on licensed premises.

2The age of a person is relevant to a person’s entitlement to play a gaming machine at a casino or a club.

(2)A police officer may require a person to state the person’s correct date of birth, whether or not when requiring 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 date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence.

(4)If a police officer asks a person to give evidence of the person’s date of birth and is not satisfied the person is old enough to be at the place or to engage in the activity, the police officer may direct the person—

(a)to immediately leave the place, or the part of the place in which the person’s age is relevant, and not re-enter it; or

(b)not to engage in the activity.

Example for subsection (4)—

The police officer may not be satisfied the person is old enough to be at a place because of the person’s apparent age if—

(a)the person fails to provide evidence of the stated date of birth; or

(b)the police officer reasonably suspects a document purporting to establish the person’s identity and stating a date of birth does not belong to the person.

(5)A passenger in a motor vehicle does not commit an offence against section 791 if the passenger was required to state the passenger’s correct date of birth for a reason mentioned in subsection (1)(c)(v) and the driver of the motor vehicle at the time of the alleged offence is not proved to have contravened a regulation restriction.

(6)A person in a motor vehicle does not commit an offence against section 791 if the person was required to state the person’s correct date of birth for deciding whether another person is contravening the Tobacco and Other Smoking Products Act 1998, section 117, and the other person is not proved to have contravened the section.

43   Unlawful supply of smoking products to minors

(1)This section applies if a police officer—

(a)either—

(i)observes a person being supplied a thing that the police officer reasonably suspects is a smoking product; or

(ii)reasonably suspects a person has just been supplied a smoking product; and

(b)reasonably suspects the person is under 18 years.

(2)A police officer may—

(a)ask the person to show acceptable evidence of age of the person; and

(b)require the person to produce the thing supplied to the person.

(3)The police officer may seize the smoking product if—

(a)the person either—

(i)refuses, or is unable, to comply with the request; or

(ii)shows acceptable evidence of age of the person showing the person is under 18 years; and

(b)the police officer reasonably suspects the smoking product is evidence of an offence against the Tobacco and Other Smoking Products Act 1998.

(4)In this section—

acceptable evidence of age has the meaning given to it by the Tobacco and Other Smoking Products Act 1998, section 10.

smoking product has the meaning given to it by the Tobacco and Other Smoking Products Act 1998, schedule 1.

43A   Unlawful sale of controlled items or spray paint to minors

(1)This section applies if—

(a)a police officer—

(i)observes a person being sold a thing that the officer reasonably suspects is a controlled item or spray paint; or

(ii)reasonably suspects a person has just been sold a controlled item or spray paint; and

(b)the officer reasonably suspects the person is under 18 years.

(2)The police officer may—

(a)ask the person to show acceptable evidence of age of the person; and

(b)require the person to produce the thing sold to the person.

(3)The police officer may seize the thing if—

(a)the person—

(i)refuses, or is unable, to show acceptable evidence of age of the person; or

(ii)shows acceptable evidence of age showing the person is under 18 years; and

(b)the officer reasonably suspects the thing is evidence of an offence against the Summary Offences Act 2005, section 19G, 19I, 23B or 23C.

(4)In this section—

acceptable evidence of age see the Summary Offences Act 2005, schedule 2.

controlled item see the Summary Offences Act 2005, section 19E.

spray paint see the Summary Offences Act 2005, schedule 2.

43B   Power to require date of birth of person for official warning for consorting

(1)This section applies if a police officer reasonably suspects a person has consorted, is consorting, or is likely to consort with 1 or more recognised offenders.

(2)The police officer may require the person to state the person’s correct date of birth, whether or not when requiring 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 date of birth if, in the circumstances, it would be reasonable to expect the person to be in possession of evidence of the correctness of the stated date of birth or to otherwise be able to give the evidence.

(4)A person does not commit an offence against section 791 if—

(a)the person was required to do something under subsection (2) or (3); and

(b)the court is not satisfied that the police officer, at the time of making the requirement, had the power under subsection (1) to make the requirement.

Part 5    Directions to move on

44   Application of pt 5

This part applies in relation to the following places (regulated places)—

(a)public places, including a public place in a safe night precinct;

(b)prescribed places that are not also public places.

45   Part does not apply to authorised public assemblies

This part does not apply to an authorised public assembly under the Peaceful Assembly Act 1992.

46   When power applies to behaviour

(1)A police officer may exercise a power under section 48 in relation to a person at or near a regulated place if a police officer reasonably suspects the person’s behaviour is or has been—

(a)causing anxiety to a person entering, at or leaving the place, reasonably arising in all the circumstances; or

(b)interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or

(c)disorderly, indecent, offensive, or threatening to someone entering, at or leaving the place; or

(d)disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.

(2)If the regulated place is a public place, other than a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1)(a), (b), (c) or (d) in the part of the public place at or near where the person then is.

(2A)If the regulated place is a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1)(a), (b), (c) or (d) in any public place located in the safe night precinct.

(3)Subsection (1)(b) applies to premises used for trade or business only if the occupier of the premises complains about the person’s behaviour.

(4)However, subsections (1)(b) and (3) do not limit subsection (1)(a), (c) and (d).

(6)For this part, the person’s behaviour is a relevant act.

47   When power applies to a person’s presence

(1)A police officer may exercise a power under section 48 in relation to a person at or near a regulated place if a police officer reasonably suspects the person’s presence is or has been—

(a)causing anxiety to a person entering, at, or leaving the place, reasonably arising in all the circumstances; or

(b)interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or

(c)disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.

(2)If the regulated place is a public place, other than a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s presence has or had the effect mentioned in subsection (1)(a), (b) or (c) in the part of the public place at or near where the person then is.

(2A)If the regulated place is a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the place only if the person’s presence has or had the effect mentioned in subsection (1)(a), (b) or (c) in any public place located in the safe night precinct.

(3)Subsection (1)(b) applies to premises used for trade or business only if the occupier of the premises complains about the person’s presence.

(4)However, subsections (1)(b) and (3) do not limit subsection (1)(a) and (c).

(5)For this part, the person’s presence is a relevant act.

48   Direction may be given to person

(1)A police officer may give to a person or group of persons doing a relevant act any direction that is reasonable in the circumstances.

Examples for subsection (1)—

1If a person sitting in the entrance to a shop is stopping people entering or leaving the shop when it is open for business and the occupier complains, a police officer may give to the person a direction to move away from the entrance.

2If a group of people have been fighting in a nightclub car park, a police officer may give the people involved in the fight a direction to leave the premises in opposite directions to separate the aggressors.

3If a person has approached a primary school child near a school in circumstances that would cause anxiety to a reasonable parent, a police officer may give the person a direction to leave the area near the school.

(2)However, a police officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of—

(a)public safety; or

(b)public order; or

(c)the protection of the rights and freedoms of other persons.

Examples of rights and freedoms for subsection (2)(c)—

1the rights and freedoms of the public to enjoy the place

2the rights of persons to carry on lawful business in or in association with the place

(3)Without limiting subsection (1), a direction may require a person to do 1 of the following—

(a)leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours;

(b)leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours;

(c)move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.

(4)The police officer must tell the person or group of persons the reasons for giving the direction.

49   Review

(1)The CCC must review the use by police officers of powers under this part and prepare a report on the review.

(2)The review must be started as soon as practicable after 31 December 2007.

(3)The conduct of the review and the preparation of the report is a function of the CCC for the Crime and Corruption Act 2001.

(4)In the course of preparing the report, the CCC must consult with the Minister.

(5)The CCC must give a copy of the report to the Speaker for tabling in the Legislative Assembly.

Part 6    Breaches of the peace, riots and prevention of offences

50   Dealing with breach of the peace

(1)This section applies if a police officer reasonably suspects—

(a)a breach of the peace is happening or has happened; or

(b)there is an imminent likelihood of a breach of the peace; or

(c)there is a threatened breach of the peace.

(2)It is lawful for a police officer to take the steps the police officer considers reasonably necessary to prevent the breach of the peace happening or continuing, or the conduct that is the breach of the peace again happening, even though the conduct prevented might otherwise be lawful.

Examples for subsection (2)—

1The police officer may detain a person until the need for the detention no longer exists.

2A person who pushes in to the front of a queue may be directed to go to the end of the queue.

3Property that may be used in or for breaching the peace may be seized to prevent the breach.

(3)It is lawful for a police officer—

(a)to receive into custody from a person the police officer reasonably believes has witnessed a breach of the peace, a person who has been lawfully detained under the Criminal Code, section 260; and

(b)to detain the person in custody for a reasonable time.

51   Prevention of riot

(1)It is lawful for a police officer to take the steps the police officer reasonably believes are necessary to suppress a riot.

(2)It is lawful for a police officer, acting under reasonable orders given by a justice for suppressing a riot, to suppress a riot.

52   Prevention of offences—general

(1)This section applies if a police officer reasonably suspects an offence has been committed, is being committed, or is about to be committed.

(2)It is lawful for a police officer to take the steps the police officer considers reasonably necessary to prevent the commission, continuation or repetition of an offence.

Example of preventing the commission of an offence—

A police officer who reasonably suspects the way a person in the vicinity of a prisoner is acting threatens or is likely to threaten the security of the prisoner or the security or good order of the place where the prisoner is detained may require the person to leave the vicinity of the prisoner or the place of detention.

Examples of continuation of an offence—

1A police officer may direct a person who is obstructing an ambulance officer acting under the authority of the Ambulance Service Act 1991 to leave the place where the person is and, if the person fails to leave, may use reasonably necessary force to remove the person.

2A police officer may remove or deface an obscene or indecent placard, picture, writing or advertisement attached to a place or thing if it contravenes an Act because it is visible to members of the public.

53   Prevention of particular offences relating to liquor

(1)Subsection (2) applies if—

(a)a police officer reasonably suspects a person has committed, is committing or is about to commit an offence against any of the following at a place—

(i)Liquor Act 1992, section 157(2), 164, 168B, 168C or 173B;

(ii)Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984, section 34 or 38(2)(e) or (3)(e) or (f); and

(b)the police officer reasonably suspects an opened container of liquor at the place in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of the offence by the person.

(2)The police officer may seize—

(a)the opened container and its contents; and

(b)any unopened container of liquor at the place, and its contents, the police officer reasonably suspects relates to, or is contributing to, or is likely to contribute to, the commission of an offence against a provision mentioned in subsection (1) at the place by the person or another person.

(2A)Also, if—

(a)a police officer reasonably suspects a person has committed, is committing or is about to commit an offence against the Liquor Act 1992, section 156(2) at a place; and

(b)the police officer reasonably suspects that liquor, whether in opened or unopened containers, in the person’s possession or under the person’s control relates to, or is contributing to, or is likely to contribute to, the commission of an offence at any place by the person or another person;

the police officer may seize the liquor, including any container of the liquor.

(3)A police officer may dispose of anything seized under subsection (2) or subsection (2A) in the way the police officer considers reasonably necessary to prevent the commission, continuation or repetition of the offence.

Example for subsection (3)—

The police officer may empty an opened can of beer found by the police officer being consumed by a person in contravention of a provision mentioned in subsection (1) or an unopened can of beer likely to be consumed in contravention of a provision mentioned in subsection (1).

(4)If the police officer exercises the power under subsection (2) or subsection (2A)—

(a)the thing is taken to have been forfeited to the State immediately after the officer seized it; and

(b)chapter 21, part 2, division 3 and chapter 21, part 3 do not apply to the thing.

(5)For this section, a reference in a provision of an Act mentioned in subsection (1) or subsection (2A) to alcohol or liquor is taken to include a reference to methylated spirits.

(6)In this section—

liquor means—

(a)liquor, as defined in the Liquor Act 1992, section 4B; or

(b)methylated spirits.

opened container includes a container that has been opened, even if it is closed at the material time and regardless of whether or not some of its contents have been removed.

53A   Seizure of liquor from a minor in particular circumstances

(1)This section applies if a police officer—

(a)is lawfully at a place other than a place to which a licence or permit under the Liquor Act 1992 relates; and

(b)finds a minor at the place has possession or control of liquor, whether in opened or unopened containers; and

(c)reasonably suspects that the minor is not being responsibly supervised by a responsible adult for the minor.

(2)The police may seize the liquor, including any container of the liquor, (the seized thing) and dispose of it in the way the police officer considers reasonably necessary.

(3)For subsection (2), the police officer may continue to stay at the place and re-enter the place for the time reasonably necessary to remove the seized thing, even though to continue to stay or to re-enter, apart from this section, would be trespass.

(4)For subsection (1) the following matters are to be decided on the same basis as the matters are decided under the Liquor Act 1992, section 156A—

(a)whether or not a person is a minor;

(b)whether or not a minor is being responsibly supervised;

(c)whether or not an adult is a responsible adult for a minor.

(5)If the police officer exercises the power under subsection (2) to seize a thing—

(a)the seized thing is taken to have been forfeited to the State immediately after the police officer seizes it; and

(b)taking a sample from a part of the person’s body, by swab, washing, vacuum suction, scraping, or by lifting by tape;

(c)photographing a part of the person’s body;

(d)making an impression or cast of a part of the person’s body;

(e)taking a DNA sample;

(f)taking a sample of saliva;

(g)taking a sample from, or from under, a fingernail or toenail;

(h)taking identifying particulars.

non-medical examination means a non-intimate forensic procedure, other than taking a DNA sample or palm prints, fingerprints, handwriting, voiceprints or footprints.

non-medical examination notice see section 499(2).

notice to appear see section 382(2).

noxious or offensive substance means a thing made or adapted, or intended for use by the person possessing the thing, to—

(a)assault another person, other than by injuring or incapacitating the other person; or

(b)damage property; or

(c)disrupt business conducted by the State, or a non-commercial authority of the State, in a state building, including, for example, interrupting court proceedings.

Examples of a noxious or offensive substance—

blood or paint in a plastic or paper wrapping intended to burst on impact when thrown at a person or a solid object

nuisance offence means an offence for any of the following—

(a)contravening a direction of a police officer under section 791 if the direction is given by the officer exercising a power under chapter 2, part 5;

(b)public nuisance under the Summary Offences Act 2005, section 6;

(c)urinating in a public place under the Summary Offences Act 2005, section 7.

Note—

Chapter 2, part 5 deals with directions to move on.

number plate, for chapter 4, see section 69.

number plate ...

number plate confiscation notice, for chapter 4, see section 69.

number plate confiscation notice ...

number plate confiscation period, for chapter 4, see section 69.

nurse means a person registered under the Health Practitioner Regulation National Law—

(a)to practise in the nursing profession, other than as a student; and

(b)in the registered nurses division of that profession.

offence of habitually consorting see section 53BAA.

offensive weapon ...

offensive weapon or instrument includes—

(a)a weapon; and

(b)an antique firearm, explosive tool, captive bolt humane killer, spear gun, longbow, sword or knife; and

(c)an explosive; and

(d)a replica of a weapon under the Weapons Act 1990, section 6A; and

(e)a replica of a thing mentioned in paragraph (b) or (c); and

(f)a slingshot or shanghai; and

(g)a laser pointer; and

(h)a thing made or adapted, or intended for use by the person possessing the thing, to injure or incapacitate another person.

officer, for chapter 12, see section 280.

official warning, for consorting, see section 53BAA.

optical surveillance device, for chapter 13, see section 322.

organise, an event, for chapter 2, part 7, see section 53BD.

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.

otherwise unlawful activity ...

outer garment includes cloak, coat, shirt and garment.

out-of-control event power, for chapter 2, part 7, see section 53BD.

owner, of a motor vehicle—

(a)for chapter 4, includes—

(i)a person in whose name the vehicle is registered under a transport Act or a corresponding law, within the meaning of the Road Use Management Act, schedule 4, of another State; and

(ii)a holder of a security interest registered for the vehicle under the Personal Property Securities Act 2009 (Cwlth); or

(b)for chapter 22—see section 747.

pain, for an animal, includes distress and mental or physical suffering.

parent—

1for chapter 2, part 7, see section 53BD; or

2of a person, for chapter 17—

(a)means a parent or guardian of the person; and

(b)includes—

(i)for an Aboriginal person, a person who, under Aboriginal tradition, is regarded as a parent of the person; or

(ii)for a Torres Strait Islander person, a person who, under Island custom, is regarded as a parent of the person; but

(c)does not include an approved carer of the person under the Child Protection Act 1999.

parliamentary commissioner means the parliamentary commissioner under the Crime and Corruption Act 2001.

parliamentary committee, for chapters 11, 12 and 13, means the Parliamentary Crime and Corruption Committee of the Legislative Assembly.

parliamentary committee chairperson means the chairperson of the parliamentary committee.

participant—

(a)in a criminal organisation, see the Penalties and Sentences Act 1992, section 161P; or

(b)for chapter 11, see section 229.

participating jurisdiction, for chapter 11, 12 or 13, means a jurisdiction in which a corresponding law for the purposes of the chapter is in force.

pedestrian see the Road Use Management Act, schedule 4.

personal property ...

person in charge, of an animal, for chapter 6, see section 130.

person in control, of a vehicle, see the Road Use Management Act, schedule 4.

person with impaired capacity means a person whose capacity to look after or manage the person’s own interests is impaired because of either of the following—

(a)an obvious loss or partial loss of the person’s mental functions;

(b)an obvious disorder, illness or disease that affects a person’s thought processes, perceptions of reality, emotions or judgment, or that results in disturbed behaviour.

photograph, when used as a verb—

(a)generally, includes photocopy, videotape, and record an image, whether digitally or in another way; but

(b)for chapter 19, part 5B, does not include videotaping an image.

photo licence means a licence for a weapon issued under the Weapons Act 1990 that shows the following—

(a)the photograph of the licensee or, if the licensee is an incorporated or unincorporated body, the licensee’s representative;

(b)the licence number;

(c)numbers and letters indicating licence conditions;

(d)letters indicating the categories of weapons the licensee may possess.

place—

(a)generally, includes—

(i)premises; and

(ii)vacant land; and

(iii)a vehicle; and

(iv)a place in Queensland waters; and

(v)a place held under 2 or more titles or by 2 or more owners; and

(b)for chapter 13, see section 322.

place of safety see section 792B.

police assistance removal order, for chapter 15, part 2, division 3A, see section 411B(2).

police banning notice see section 602B.

police dog means a dog kept by the commissioner for helping police officers perform the duties of police officers.

police establishment means a police station or police establishment under the Police Service Administration Act 1990.

police horse means a horse kept by the commissioner for use by police officers when performing the duties of police officers.

police officer includes—

(a)for chapter 19, part 3—a community police officer; and

(b)for chapters 11 and 13—a police officer of a police force or service of another State or the Commonwealth; and

(c)other than for chapters 11 and 13—a police officer of a police force or service of another State or the Commonwealth who is, for the time being, performing duties for the police service.

police protection notice see the Domestic and Family Violence Protection Act 2012.

police service means the Queensland Police Service.

possession includes—

(a)custody; and

(b)control.

post-access approval order ...

post-amended Act ...

post-prison community based release order ...

potentially harmful thing—

(a)means a thing a person may lawfully possess that is or contains a substance that may be harmful to a person if ingested or inhaled; and

Examples—

1glue

2paint

3a solvent

(b)includes methylated spirits; and

(c)does not include a thing intended by its manufacturer to be inhaled or ingested by a person using it.

pre-amended Act ...

premises—

(a)for chapter 13, see section 322; or

(b)otherwise, includes—

(i)a building or structure, or part of a building or structure, of any type; and

(ii)a group of buildings or structures, or part of a group of buildings or structures, of any type; and

(iii)the land or water where a building or structure, or a group of buildings or structures, is situated; and

(iv)a vehicle or a caravan; and

(v)a tent or cave; and

(vi)premises held under 2 or more titles or owners.

premises ...

prescribed area ...

prescribed authority see section 800.

prescribed circumstance, for chapter 5, part 1, see section 124AA.

prescribed document, for chapter 23, part 2, see section 789D.

prescribed indictable offence ...

prescribed nurse means a nurse who is employed in the health department or in a Hospital and Health Service.

prescribed offence, for chapter 4, see section 69.

prescribed period—

(a)for chapter 4—see section 69; or

(b)for chapter 22—see section 747.

prescribed place, for chapter 2, part 5, means—

(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

(g)a mall; or

(h)the part of the corporation area under the South Bank Corporation Act 1989 declared to be the site under that Act; or

(i)a licensed venue under the Racing Act 2002; or

(j)an automatic teller machine; or

(k)a war memorial.

prescribed safe night precinct ...

prescribed smartcard Act ...

prescribed transport Act ...

primary crime scene ...

principal law enforcement officer, for chapter 11, see section 229.

prison see the Corrective Services Act 2006, schedule 4.

prisoner see the Corrective Services Act 2006, schedule 4.

private conversation means any words spoken by 1 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 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 1 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.

private vehicle see the Road Use Management Act, schedule 4.

produce, a document, includes make the document available.

production notice see section 180.

production order see section 189.

prohibited item see the Peace and Good Behaviour Act 1982, section 33.

property officer means—

(a)a member of the police service appointed by the commissioner as a property officer; or

(b)an officer of a government entity appointed as a property officer under an arrangement between the commissioner and the chief executive officer of the entity.

property point means a place lawfully used by the police service as a place for the storage of relevant things.

property tracking document means—

(a)a document relevant to identifying, locating or quantifying—

(i)property of a person who committed a confiscation offence; or

(ii)property of a person a police officer reasonably suspects committed a confiscation offence; or

(iii)tainted property in relation to a confiscation offence; or

(iv)property of a person a police officer reasonably suspects is or has engaged in a serious crime related activity; or

(v)property a police officer reasonably suspects is serious crime derived property; or

(b)a document relevant to identifying or locating a document necessary for the transfer of—

(i)property of a person who committed a confiscation offence; or

(ii)property of a person a police officer reasonably suspects committed a confiscation offence; or

(iii)tainted property in relation to a confiscation offence; or

(iv)property of a person a police officer reasonably suspects is or has been engaged in a serious crime related activity; or

(v)property a police officer reasonably suspects is illegally acquired property derived from a serious crime related activity.

proscribed thing means—

(a)an offensive weapon or instrument; or

(b)a noxious or offensive substance; or

(c)another thing in the unlawful possession of the person possessing the thing.

prostitution ...

protected information, for chapter 13, see section 322.

protective security zone ...

protective services officer see the Police Service Administration Act 1990, section 1.4.

provided, in relation to material on a social media platform or online social network, for chapter 21A, see section 745B.

provider, of a social media platform or online social network, for chapter 21A, see section 745B.

PSBA ...

PSBA chief operating officer ...

PSBA employee ...

public carpark, for chapter 2, part 3A, see section 39A.

public officer, for chapter 13, see section 322.

public official means—

(a)for a government entity—a person who is appointed or authorised under an authorising law to perform inspection, investigation or other enforcement functions under the authorising law for the entity; or

(b)for an entity other than a government entity or a local government—a person who is declared under a regulation under this Act to be a public official in relation to inspection, investigation or other enforcement functions the person is appointed or authorised to perform under an authorising law for the entity; or

(c)for chapter 1, part 3, division 2—an authorised person under the Local Government Act 2009; or

(d)otherwise—a person who is declared by another Act to be a public official for this Act.

public place means—

(a)a place to which members of the public have access as of right, whether or not on payment of a fee and whether or not access to the place may be restricted at particular times or for particular purposes; or

(b)a place declared under another Act to be a public place for any law conferring powers or imposing functions on police officers; or

(c)a part of a place that the occupier of the place allows members of the public to enter, but only while the place is ordinarily open to members of the public; or

(d)a place that is a public place under another Act.

Examples for paragraph (a)—

1a road

2a park

3a beach

4a road that is closed to general use by vehicles for a public procession or a parade

Example for paragraph (b)—

Under the Sanctuary Cove Resort Act 1985, section 54A primary and secondary thoroughfares are public places for the purposes of any law conferring powers or imposing functions on a police officer.

Examples for paragraph (c)—

1a cinema complex

2a shop

3a restaurant

4a racecourse

public prosecutor means the director, deputy director, or another lawyer appointed under the Director of Public Prosecutions Act 1984.

Public Records Act ...

public safety order means a public safety order under the Peace and Good Behaviour Act 1982.

public transport station, for chapter 2, part 3A, see section 39B.

public transport vehicle, for chapter 2, part 3A, see section 39A.

QCC ...

QCC officer ...

QDNA see section 491(1).

QDNA index means an index of a kind prescribed under a regulation containing information derived from, or relating to, the results of DNA analyses.

qualified person, in relation to a forensic procedure, see section 445.

qualifying offence see the Confiscation Act, section 93F.

question, for chapter 15, means question a person as a suspect about the person’s 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.

recognised offender—

(a)generally—see the Criminal Code, section 77; and

(b)for chapter 2, part 6A—see section 53BAA.

record, for chapter 13, see section 322.

registered corresponding forensic procedure order means a corresponding forensic procedure order registered under section 524.

registered digital photo ...

registered operator has the meaning given by the Road Use Management Act, schedule 4.

register of covert acts means the register of covert acts kept under section 664.

register of dangerous drugs for training, for chapter 21, part 4, see section 726.

register of enforcement acts means the register of enforcement acts kept under section 678.

registrar-general means the registrar under the Births, Deaths and Marriages Registration Act 2023.

regulated place means a place that is a regulated place under section 44.

related document, for chapter 23, part 2, see section 789D.

release conditions see the Domestic and Family Violence Protection Act 2012.

relevant act means conduct of a kind mentioned in section 46 or 47.

relevant assault offence, for chapter 18A, see section 548B.

relevant court—

(a)for chapter 4, see section 69; or

(b)for chapter 22, see section 747.

relevant criminal activity ...

relevant disease means a communicable disease prescribed under a regulation.

relevant entity ...

relevant evidence, for chapter 7, see section 149A.

relevant law, means an Act under which a person or place must be licensed, and prescribed under a regulation for chapter 2, part 1.

relevant offence—

(a)for chapter 11, see section 229; or

(b)for chapter 13, see section 322.

relevant offences ...

relevant period—

(a)for chapter 4—see section 69; or

(b)for chapter 22—see section 747.

relevant person—

(a)in relation to an application to a judge or a magistrate for a surveillance device warrant—see section 329; or

(b)in relation to an application to a judge or a magistrate for a retrieval warrant—see section 337; or

(c)in relation to an application to a judge for a covert search warrant—see section 213; or

(d)in relation to a removal order—see section 402; or

(e)for chapter 15, part 2, division 3A—see section 411B(2); or

(f)for chapter 15, part 3—see section 415; or

(g)for chapter 17—see section 447(2).

relevant place ...

relevant police officer, for chapter 15, part 2, division 3A, see section 411E(b).

relevant proceeding, for chapter 13, see section 351.

relevant public place, for chapter 19, part 5A, see section 602A.

relevant thing, for chapter 21, part 3, see section 686.

relevant vehicle incident means—

(a)an incident involving a vehicle on a road in which—

(i)death or injury was caused to a person; or

(ii)damage was caused to a vehicle, tram, or train, or any other real or personal property; or

(iii)death or injury was caused to an animal; or

(b)an incident involving a boat in which—

(i)death or injury was caused to a person; or

(ii)damage was caused to a boat or any other real or personal property.

remote application, for chapter 13, see section 322.

removal notice, for chapter 21A, see section 745D(2).

removal order see section 399.

removed, in relation to material on a social media platform or online social network, for chapter 21A, see section 745B.

report of a conversation or activity, for chapter 13, see section 322.

reportable offender see the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

report entity, for chapter 11, see section 229.

residence, for chapter 7, part 3A, see section 179A.

respondent, for a police banning notice, see section 602A.

responsibilities code means the code of responsibilities of police officers and other persons involved in the administration of this Act prescribed by regulation.

responsible chief executive officer ...

responsible Minister, for chapter 17, part 9, see section 522.

responsible officer—

(a)for chapter 7, part 3—see section 165(1); or

(b)for chapter 7, part 3A—see section 179D.

responsible person ...

restricted area ...

restricted item means an item prescribed as a restricted item under the Weapons Categories Regulation 1997.

restricted premises order means a restricted premises order under the Peace and Good Behaviour Act 1982.

retail premises, for chapter 2, part 3A, see section 39A.

retrieval warrant means a warrant issued under chapter 13, part 2, division 3.

riot ...

road see the Road Use Management Act.

Road Use Management Act means the Transport Operations (Road Use Management) Act 1995.

S4 medicine see the Medicines and Poisons Act 2019, section 11(1)(c).

S8 medicine see the Medicines and Poisons Act 2019, section 11(1)(d).

safe night precinct see the Liquor Act 1992, section 173NC(1).

saliva analysis see the Road Use Management Act, section 80(1).

saliva test see the Road Use Management Act, section 80(1).

SDOCO related evidence means evidence of property that may be subject to forfeiture under a confiscation order for which a proceeding may be started under the Confiscation Act, chapter 2A.

search—

(a)includes frisk search a person; and

(b)does not include the use of a drug detection dog to carry out drug detection under chapter 2, part 3, even if the drug detection dog physically intrudes onto a person or the clothing of a person; and

(c)does not include the use of a firearms and explosives detection dog to carry out explosives detection under chapter 2, part 3, even if the firearms and explosives detection dog physically intrudes onto a person or the clothing of a person; and

(d)does not include the use of a hand held scanner, in relation to a person, under chapter 2, part 3A.

search warrant see section 150 or 599.

search warrant powers see section 157.

secondary crime scene ...

secure facility, for chapter 21, part 4, see section 726.

security, of a state building, includes—

(a)the safety of entrants to the building; and

(b)the safety of things in, or about to be brought into, the building; and

(c)the good order, or safe operation, of the building.

seize includes retain, but does not include impound.

senior officer, for chapter 13, see section 322.

senior police officer—

(aa)for chapter 2, part 3A, see section 39A; or

(a)for chapter 2, part 7, see section 53BD; or

(b)for chapter 7, part 7, see section 197A.

serious crime derived property see the Confiscation Act, section 23.

serious crime related activity see the Confiscation Act, section 16.

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 SP bookmaking;

(j)child abuse, including child pornography;

(k)an offence against the Drugs Misuse Act 1986 punishable by at least 20 years imprisonment;

(l)an offence against the Weapons Act 1990 involving the trafficking of weapons or explosives or the unlawful supply or unlawful manufacture of weapons.

serious offence ...

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.

seven year imprisonment offence means an indictable offence for which the maximum penalty is at least 7 years imprisonment.

shopping centre, for chapter 2, part 3A, see section 39A.

smartcard transport authority ...

SMS message means a text message sent using the mobile phone service known as the short messaging service.

sober safe centre ...

solicit ...

special event ...

special event site ...

specified person, in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, or for which a crime scene is or was established, or that is otherwise lawfully seized under this Act and removed from a place, for chapter 7, see section 149A.

speed trial means—

(a)any attempt to establish or break any vehicle speed record of any description on a road; or

(b)any trial of any description of the speed of a vehicle on a road; or

(c)any competitive trial of any description designed to test the skill of any vehicle or driver or the reliability or mechanical condition of any vehicle on any road.

sporting or entertainment venue, for chapter 2, part 3A, see section 39A.

staff member see the Police Service Administration Act 1990, section 1.4.

starting time ...

state building see section 549.

stock means any of the following animals or their young—

(a)horses, asses, mules or camels;

(b)cattle, oxen or buffalo;

(c)sheep;

(d)swine;

(e)deer;

(f)goats.

stop, for chapter 22, see section 747.

stop, of a vehicle or animal, includes requiring it to remain stationary for the time reasonably necessary to enable a function or power under this or another Act to be exercised.

stop and desist notice means a stop and desist notice under the Peace and Good Behaviour Act 1982.

storage device ...

stored ...

supervisor, for chapter 12, see section 280.

support person means—

(a)for an Aboriginal person or Torres Strait Islander person who is at least 17—

(i)an adult relative or another adult 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 support persons 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)an adult relative or friend of the child who is acceptable to the child; or

(v)if the child is an Aboriginal person or a Torres Strait Islander person and no-one mentioned in subparagraphs (i) to (iv) is available—a person whose name is included in the list of support persons 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); or

(c)for a person with impaired capacity—a parent or another adult who provides or is able to provide support necessary to help care for the person by looking after or managing the person’s interests.

Surfers Paradise CBD safe night precinct ...

surveillance device, for chapter 13, see section 322.

surveillance device ...

surveillance device warrant means a warrant issued under chapter 13, part 2, division 2 or section 347(2).

surveillance powers ...

surveillance warrant ...

suspect, for chapter 11, see section 229.

suspension order see section 205.

tainted property see the Confiscation Act, section 104.

take, for chapters 16, 17 and 18, includes collect.

tattoo parlour, for chapter 2, part 3, see section 34.

term of imprisonment see the Penalties and Sentences Act 1992.

terrorism see section 211(4).

terrorist act see section 211.

this jurisdiction, for chapters 11, 12 and 13, means Queensland.

three year imprisonment offence, for chapter 13, see section 322.

time out includes any time reasonably required—

(a)to take a person from the place where the person is arrested to the nearest place where the investigating officer has access to facilities for complying with chapter 15, part 3; 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, support person or other person; and

(c)to allow a lawyer, friend, relative, parent, guardian, interpreter, support person 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

(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—

(i)an examination of the person under this Act by a doctor, dentist or forensic nurse examiner; or

(ii)the performance of a forensic procedure; or

(iii)the taking of a blood or urine sample under chapter 18 by a doctor or nurse; 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.

TPC Act ...

tracking device, for chapter 13, see section 322.

tracking device authorisation see section 348A(2).

train includes tram.

tram see the Road Use Management Act, schedule 4.

transport Act see the Road Use Management Act, schedule 4.

transport vehicle means—

(a)an aircraft; or

(b)a boat; or

(c)a bus; or

(d)a train.

type 1 vehicle related offence see section 69A.

type 1 vehicle related offence notice see section 755(2).

type 2 vehicle related offence see section 69A.

unique electronic address, for a person, means a fixed designation on a communication network assigned to the person for the purpose of the person receiving information.

Examples—

an email address, mobile phone number or user account

unlawful dangerous drug, for chapter 2, part 3, see section 34.

unlawfully means without authorisation, justification or excuse by law.

urgent application, for chapter 11, see section 229.

urgent authority, for chapter 11, see section 229.

urgent variation application, for chapter 11, see section 229.

urgent variation of authority, for chapter 11, see section 229.

use—

(aa)a hand held scanner in relation to a person, for chapter 2, part 3A, see section 39A; or

(a)for chapter 12, see section 280; or

(b)of a surveillance device, for chapter 13, see section 322.

used, for chapter 5, part 1, see section 124AA.

usual possessor ...

vehicle means a vehicle under the Road Use Management Act, an aircraft or a boat.

vehicle production notice, for chapter 4, see section 69.

vehicle production notice ...

vehicle related offence see section 69.

vehicle release notice, for chapter 4, part 2, division 2, see section 79.

vehicle release notice ...

veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936.

walk-through detector, for chapter 19, means a device through which a person walks, that detects metal or other substances.

warning light, for chapter 22, see section 747.

warrant, for chapter 13, see section 322.

warrant evidence or property, for chapter 7, see section 149A.

watch-house manager means a police officer for the time being in charge of a watch-house.

watch-house officer see the Police Service Administration Act 1990, section 1.4.

weapon—

(a)generally—see the Weapons Act 1990, schedule 2; and

(b)for chapter 2, part 3A and chapter 21, part 3, includes—

(i)an antique firearm; and

(ii)a restricted item.

welfare, of an animal, means issues about the health, safety or wellbeing of the animal.

X-ray machine, for chapter 19, means a device through which a person’s belongings are passed and X-rayed.