Police Powers and Responsibilities Amendment Regulation (No. 3) 1999 (Qld)

Queensland Subordinate Legislation 1999 No. 222 Police Powers and Responsibilities Act 1997 POLICE POWERS AND RESPONSIBILITIES AMENDMENT REGULATION (No. 3) 1999 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Insertion of new pt 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Insertion of new pt 2, and pt 3 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PART 2—PROPOSAL FOR NOTIFIED AREA 3A Applying for the declaration of a notified area . . . . . . . . . . . . . . . . . 2 3B What must be done before applying for a temporary declaration . . 3 3C What must be done before applying for a permanent declaration . . 4 3D Contents of approved form of application . . . . . . . . . . . . . . . . . . . . . 5 PART 3—OTHER MATTERS 5 Amendment of sch 2, pt 5, div 3 hdg (Dealing with persons arrested) . . . . 6 6 Amendment of sch 2, pt 5, div 4 hdg (Medical and dental procedures) . . . 6

s1 2 s4 Police Powers and Responsibilities Amendment (No. 3) No. 222, 1999 ˙ Short title 1. This regulation may be cited as the Police Powers and Responsibilities Amendment Regulation (No. 3) 1999 . ˙ Regulation amended 2. This regulation amends the PolicePowersandResponsibilitiesRegulation 1998 . ˙ Insertion of new pt 1 hdg 3. Before section 1— insert — ‘ PART 1—PRELIMINARY ’. ˙ Insertion of new pt 2, and pt 3 hdg 4. After section 3— insert— ‘ PART 2—PROPOSAL FOR NOTIFIED AREA ˙ ‘ Applying for the declaration of a notified area ‘ 3A.(1) An application 1 for the declaration of an area as a notified area must seek— (a) a declaration for a specified period of not more than 14 days (a “temporary declaration” ); or (b) a permanent declaration. ‘ (2) Before applying for the declaration, the intending applicant must comply with— 1 The application is made to the Minister by a local government or a government entity under the Act, section 86 (Proposal for notified area).

s4 3 s4 Police Powers and Responsibilities Amendment (No. 3) No. 222, 1999 (a) for a temporary declaration—section 3B; or. (b) for a permanent declaration—section 3C. ‘ (3) The applicant must— (a) apply in the approved form; 2 and (b) lodge a plan clearly showing the location and boundary of the area proposed to be notified. ‘ (4) An applicant for a permanent declaration must also lodge— (a) a copy of each submission received under section 3C(4)(e) and a summary of the submission; and (b) any comment the applicant wishes to make on the submission. ˙ ‘ What must be done before applying for a temporary declaration ‘ 3B.(1) This section states the things an intending applicant for a temporary declaration must do. ‘ (2) The intending applicant must consult about the proposed declaration with— (a) the district officer of the police service for the relevant police district; and (b) if the applicant is a government entity, the local government within whose area the proposed notified area is located. ‘ (3) If the application is to be made for a proposed event at the request of the event’s organiser, the intending applicant must ensure the event’s organiser’s request is written and states the information relied on. ‘ (4) If the application will be made in relation to a proposed event but not at the request of the event’s organiser, the intending applicant must consult about the proposed application with the event’s organiser. 2 See section 3D (Contents of approved form of application).

s4 4 s4 Police Powers and Responsibilities Amendment (No. 3) No. 222, 1999 ˙ ‘ What must be done before applying for a permanent declaration ‘ 3C.(1) This section states what an intending applicant for a permanent declaration must do. ‘ (2) The intending applicant must— (a) consult about the proposed declaration with— (i) the district officer of the police service for the relevant police district; and (ii) if the applicant is a government entity, the local government within whose area the proposed notified area is located; and (b) if a person carrying on a business in the proposed notified area wishes to consult with the intending applicant, consult about the proposal with a representative of the business; and (c) publish notice of intention to apply under part 11 3 of the Act to have the area declared a notified area. ‘ (3) The notice must be published in a newspaper circulating generally in the locality of the area, or if there is no newspaper circulating generally in the locality, in a newspaper circulating generally in the State. ‘ (4) The notice must state the following— (a) the area’s street address or a description of the location of the area sufficient to enable it to be easily identified; (b) the proposed times and dates the area is to start being a notified area; (c) the reason why it is intended to apply for the proposed declaration; (e) that any interested person, group or body may make a written submission supporting or opposing the proposal; (f) a day, not earlier than 1 month after the publication of the advertisement, by which submissions are to be made; 3 Part 11 (Power to give directions in notified areas and other places) of the Act

s4 5 s4 Police Powers and Responsibilities Amendment (No. 3) No. 222, 1999 (g) an address where submissions may be sent to the intending applicant. ‘ (5) The advertisement must also contain a sketch or plan showing the area. ˙ ‘ Contents of approved form of application ‘ 3D.(1) The approved form of application for a declaration of an area as a notified area must include provision to state the following information— (a) the area’s street or similar address; (b) the proposed times and dates the area will start being a notified area; (c) for a temporary declaration, the proposed time and date the area will stop being a notified area; (d) if the application is made in relation to an event, the event and the proposed times and dates for the start and end of the event; (e) the reasons relied on to justify declaring the area, including, past or likely future criminal conduct or public order problems in the area; (f) if past problems are relied on, written information, for example crime statistics or a statement from the local district officer of the police service, verifying the problems; (g) the persons, groups and bodies who have been consulted about the proposal and the nature and results of the consultation. ‘ (2) The approved form of application must state that— (a) if the proposed notified area extends beyond a single street, road, park or premises, the applicant must justify in detail why it is necessary for the proposed area to be so extensive; and (b) if a temporary declaration is being applied for, the applicant must justify in detail the duration of the period for which the area is to be a notified area; and (c) if a permanent declaration is being applied for, the applicant must justify in detail why the declaration needs to be permanent.

s5 6 s6 Police Powers and Responsibilities Amendment (No. 3) No. 222, 1999 ‘ PART 3—OTHER MATTERS ’. ˙ Amendment of sch 2, pt 5, div 3 hdg (Dealing with persons arrested) 5. Schedule 2, division heading after section 82, ‘ Division 3 ’— omit, insert— ‘ Division 4 ’. ˙ Amendment of sch 2, pt 5, div 4 hdg (Medical and dental procedures) 6. Schedule 2, division heading after section 85, ‘ Division 4 ’— omit, insert— ‘ Division 5 ’. ENDNOTES 1. Made by the Governor in Council on 23 September 1999. 2. Notified in the gazette on 24 September 1999. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Police. © State of Queensland 1999