Police Powers and Responsibilities Amendment Regulation (No. 3) 2005 (Qld)

Queensland Police Powers and Responsibilities Amendment Regulation (No. 3) 2005 Subordinate Legislation 2005 No. 143 made under the PolicePowersandResponsibilitiesAct2000 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of sch 2 (Relevant laws) . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of sch 6 (Acts restricting starting of proceedings) . . 2 6 Amendment of sch 10, s 26 (Covert search warrant application). 2 7 Insertion of new sch 10, pt 5, div 3. . . . . . . . . . . . . . . . . . . . . . . . 3 Division 3 Provisions about support persons 44A Ensuring support persons understand role . . . . . . . . 3 8 Insertion of new sch 10, s 65A . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 65A Exclusions of support persons from questioning . . . . 4

s1 2 s6 Police Powers and Responsibilities Amendment No. 143, 2005 Regulation (No. 3) 2005 1 Short title This regulation may be cited as the Police Powers and Responsibilities Amendment Regulation (No. 3) 2005 . 2 Commencement Sections 7 and 8 commence on 1 August 2005. 3 Regulation amended This regulation amends the PolicePowersandResponsibilities Regulation 2000. 4 Amendment of sch 2 (Relevant laws) Schedule 2— insert — ‘ Security Providers Act 1993 ’. 5 Amendment of sch 6 (Acts restricting starting of proceedings) Schedule 6, entries for the BeachProtectionAct1968 , Profiteering Prevention Act 1948 , Rural Lands Protection Act1985 and Surveyors Act 1977 — omit. 6 Amendment of sch 10, s 26 (Covert search warrant application) (1) Schedule 10, section 26(c), after ‘offence’— insert — ‘, designated offence or terrorism’. (2) Schedule 10, section 26(e), after ‘offence’— insert — ‘, designated offence or terrorism’.

s7 3 s7 Police Powers and Responsibilities Amendment No. 143, 2005 Regulation (No. 3) 2005 (3) Schedule 10, section 26(f), after ‘organised crime’— insert — ‘, designated offence or terrorism’. 7 Insertion of new sch 10, pt 5, div 3 Schedule 10, part 5, after section 44— insert — ‘Division 3 Provisions about support persons ‘44A Ensuring support persons understand role ‘(1) Before a police officer questions a relevant person in the presence of a support person, the police officer must— (a) give the support person information in the approved form about the role of support persons during questioning; and (b) ensure, as far as practicable, that the person understands the nature of the support person’s role; and (c) if the support person asks, give an explanation of anything relevant to the person’s role as a support person; and (d) inform the support person of the identity of the relevant person and why the person is being questioned. ‘(2) The information must include the following— (a) a summary of sections 257A, 257B, 257C and 257D 1 of the Act; (b) a statement that the support person must act in the best interests of the relevant person; (c) a statement that, unless the support person is a lawyer, the support person must not provide legal advice to the 1 Sections 257A (Application of div 4A), 257B (When is a person unable to properly perform the role of a support person), 257C (Police officer may exclude support person from questioning) and 257D (If police officer excludes support person from questioning of relevant person) of the Act

s8 4 s8 Police Powers and Responsibilities Amendment No. 143, 2005 Regulation (No. 3) 2005 relevant person but may ask the relevant person questions to ensure the relevant person understands— (i) that the person may ask for a lawyer to be present during questioning or at any time before questioning ends; and (ii) that the person is not obliged to say anything during questioning; and (iii) that anything the relevant person says during questioning may be used in evidence in a court; and (iv) what is said by a police officer during questioning.’. 8 ‘65A Insertion of new sch 10, s 65A Schedule 10, part 7, after section 65— insert — Exclusions of support persons from questioning ‘The following information about support persons excluded from questioning under the Act, chapter 7, part 3, division 4A 2 must be included in the register of enforcement acts— (a) the excluded person’s name; (b) when and why the person was excluded; (c) whether an electronic record was made of the reason for the exclusion and if not, why not; (d) if questioning resumed after the person’s exclusion—when questioning resumed; (e) if another support person was present during questioning when questioning resumed—that person’s name.’. 2 Chapter 7 (Powers and responsibilities relating to investigations and questioning for indictable offences), part 3 (Safeguards ensuring rights of and fairness to persons questioned for indictable offences), division 4A (Exclusion of support persons in particular circumstances) of the Act

5 Police Powers and Responsibilities Amendment Regulation (No. 3) 2005 No. 143, 2005 ENDNOTES 1 Made by the Governor in Council on 30 June 2005. 2 Notified in the gazette on 1 July 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Police. © State of Queensland 2005