Police Powers and Responsibilities Amendment Regulation (No. 8) 2003 (Qld)

Queensland Subordinate Legislation 2003 No. 354 Police Powers and Responsibilities Act 2000 POLICE POWERS AND RESPONSIBILITIES AMENDMENT REGULATION (No. 8) 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of sch 2 (Acts for which name and address may be required) . 2 4 Amendment of sch 8, s 3 (Search warrant application) . . . . . . . . . . . . . . . . 2 5 Amendment of sch 8, s 11 (Production notice application) . . . . . . . . . . . . . 3 6 Amendment of sch 8, s 13 (Production order application) . . . . . . . . . . . . . . 3 7 Replacement of sch 8, pt 3, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Amendment of sch 8, s 14 (Monitoring order application). . . . . . . . . . . . . . 4 9 Amendment of sch 8, s 58 (Search warrants) . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Amendment of sch 8, s 59 (Production notices) . . . . . . . . . . . . . . . . . . . . . . 6 11 Amendment of sch 8, s 60 (Production orders). . . . . . . . . . . . . . . . . . . . . . . 6 12 Amendment of sch 8, s 61 (Monitoring orders) . . . . . . . . . . . . . . . . . . . . . . 6

s1 2 s4 Police Powers and Responsibilities Amendment No. 354, 2003 Regulation (No. 8) 2003 1 Short title This regulation may be cited as the Police Powers and Responsibilities Amendment Regulation (No. 8) 2003 . 2 Regulation amended This regulation amends the PolicePowersandResponsibilitiesRegulation 2000. 3 Amendment of sch 2 (Acts for which name and address may be required) Schedule 2, ‘ Animals Protection Act 1925 ’ and ‘ Gamine Machine Act 1991 ’— omit, insert— ‘ Animal Care and Protection Act 2001 Gaming Machine Act 1991 ’. 4 Amendment of sch 8, s 3 (Search warrant application) (1) Schedule 8, section 3(d), after ‘the offence’— insert— ‘, suspected offence or confiscation related activity’. (2) Schedule 8, section 3(e), after ‘offence’— insert— ‘or confiscation related evidence in relation to the confiscation related activity’. (3) Schedule 8, section 3(f), after ‘offence’— insert— ‘or the confiscation related evidence’. (4) Schedule 8, section 3(g), after ‘suspected offence’— insert— ‘, or the confiscation related activity,’.

s5 3 s6 Police Powers and Responsibilities Amendment No. 354, 2003 Regulation (No. 8) 2003 (5) Schedule 8, section 3(g)(ii), after ‘offence’— insert— ‘or confiscation related activity’. 5 Amendment of sch 8, s 11 (Production notice application) (1) Schedule 8, section 11(c), ‘or suspected offence’— omit, insert— ‘, suspected offence or confiscation related activity’. (2) Schedule 8, section 11(e), from ‘may be’— omit, insert— ‘may be— (i) evidence of the commission of the offence; or (ii) confiscation related evidence in relation to the confiscation related activity;’. (3) Schedule 8, section 11(f)— omit, insert— ‘(f) the applicant suspects that someone other than the cash dealer committed the offence or suspected offence or was involved in the confiscation related activity;’. (4) Schedule 8, section 11(g), after ‘suspected offence’— insert— ‘or the confiscation related activity,’. (5) Schedule 8, section 11(g)(ii), after ‘offence’— insert— ‘or confiscation related activity’. 6 Amendment of sch 8, s 13 (Production order application) (1) Schedule 8, section 13(c), after ‘order’— insert—

s7 4 s8 Police Powers and Responsibilities Amendment No. 354, 2003 Regulation (No. 8) 2003 ‘(the “named person” )’. (2) Schedule 8, section 13(d)— omit, insert— ‘(d) the confiscation offence or serious crime related activity to which the application relates;’. (3) Schedule 8, section 13(f), ‘person named in the application’— omit, insert— ‘named person’. (4) Schedule 8, section 13(g)(iii), ‘offence’— omit, insert— ‘confiscation offence or serious crime related activity’. 7 Replacement of sch 8, pt 3, div 1, hdg Schedule 8, part 3, division 1, heading— omit, insert— ‘Division 1—Monitoring orders and suspension orders ’. 8 Amendment of sch 8, s 14 (Monitoring order application) (1) Schedule 8, section 14, heading— omit, insert— ‘14 Monitoring order and suspension order application ’. (2) Schedule 8, section 14, ‘a monitoring order’— omit, insert— ‘a monitoring order or suspension order 1 ’. (3) Schedule 8, section 14(c) to (e)— omit, insert— 1 See section 116 (Monitoring order applications) or 121A (Suspension order application) of the Act.

s9 5 s9 Police Powers and Responsibilities Amendment No. 354, 2003 Regulation (No. 8) 2003 ‘(c) the name of the person about whom the application is made (the “named person” ); (d) the confiscation offence, serious crime related activity or serious crime derived property to which the application relates; (e) information or evidence being relied on to support a reasonable suspicion that the named person— (i) has committed, or is about to commit, the confiscation offence; or (ii) was involved in the commission, or is about to be involved in the commission, of the confiscation offence; or (iii) has benefited directly or indirectly, or is about to benefit directly or indirectly, from the commission of the confiscation offence; or (iv) has been, or is about to be, involved in the serious crime related activity; or (v) has acquired directly or indirectly, or is about to acquire directly or indirectly, the serious crime derived property.’. (4) Schedule 8, section 14(h), after ‘monitoring order’— insert— ‘or suspension order’. (5) Schedule 8, section 14(h)(iii), ‘offence’— omit, insert— ‘confiscation offence, serious crime related activity or serious crime derived property’. 9 Amendment of sch 8, s 58 (Search warrants) Schedule 8, section 58(b) and (c)— omit, insert— ‘(b) if known, the name of the person mentioned in the application for the search warrant as the person suspected of being involved in the offence, suspected offence or confiscation related activity to which the application relates;

s 10 6 s 12 Police Powers and Responsibilities Amendment No. 354, 2003 Regulation (No. 8) 2003 (c) the type of offence or the confiscation related activity to which the warrant related; (ca) if the search warrant related to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding to which the warrant related;’. 10 Amendment of sch 8, s 59 (Production notices) Schedule 8, section 59(b) and (c)— omit, insert— ‘(b) if known, the name of the person mentioned in the application for the production notice as the person suspected of being involved in the offence, suspected offence or confiscation related activity to which the application relates; (c) the type of offence or the confiscation related activity to which the production notice related; (ca) if the production notice related to an existing or proposed forfeiture proceeding—the type of forfeiture proceeding to which the production notice related;’. 11 Amendment of sch 8, s 60 (Production orders) (1) Schedule 8, section 60(b)— omit, insert— ‘(b) if known, the name of the person mentioned in the application for the production order as the person who was found guilty of the confiscation offence, is suspected of having committed the confiscation offence or is suspected of having engaged in the serious crime related activity to which the application relates;’. (2) Schedule 8, section 60(c), ‘offence or forfeiture proceeding’— omit, insert— ‘confiscation offence or serious crime related activity’. 12 Amendment of sch 8, s 61 (Monitoring orders) (1) Schedule 8, section 61, heading—

s 12 7 s 12 Police Powers and Responsibilities Amendment No. 354, 2003 Regulation (No. 8) 2003 omit, insert— ‘61 Monitoring orders and suspension orders ’. (2) Schedule 8, section 61, ‘application for monitoring orders’— omit, insert— ‘applications for monitoring orders or suspension orders 2 ’. (3) Schedule 8, section 61(f)(ii)— omit, insert— ‘(ii) a brief description of how using the order helped in the investigation of the suspected confiscation offence or serious crime related activity or in identifying, locating or quantifying the suspected serious crime derived property in relation to which the order was issued.’. ENDNOTES 1. Made by the Governor in Council on 18 December 2003. 2. Notified in the gazette on 19 December 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Police. © State of Queensland 2003 2 See section 116 (Monitoring order applications) or 121A (Suspension order application) of the Act.