Police Powers and Responsibilities and Other Acts Amendment Act 2006 (Qld)
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Queensland Police Powers and Responsibilities and Other Acts Amendment Act 2006 Act No. 26 of 2006
Queensland Police Powers and Responsibilities and Other Acts Amendment Act 2006 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Police Powers and Responsibilities Act 2000 Act amended in pt 2 and sch 1 and references . . . . . . . . . . . . . . Amendment of s 20 (Power to enter etc. for relevant laws) . . . . . Amendment of s 28 (Prescribed circumstances for searching persons without warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 30 (Prescribed circumstances for searching vehicles without warrant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 33 (Prescribed circumstances for requiring name and address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new s 35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35A Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 37 (When power applies to behaviour) . . . . . . . Amendment of s 38 (When power applies to a person’s presence) ..................................... Amendment of s 39 (Direction may be given to person) . . . . . . . Replacement of ss 40–41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 50 (Power for regulating traffic) . . . . . . . . . . . . . Amendment of s 51 (Stopping vehicles for prescribed purposes) Amendment of s 56 (Power to require vehicle inspections) . . . . . Amendment of s 57 (Power to prohibit use of vehicles) . . . . . . . . Amendment of s 58 (Power to prohibit persons driving). . . . . . . . Amendment of s 59LP (When application to be heard—vehicle related offence). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 59LQ (When application to be heard—motorbike noise order offence) . . . . . . . . . . . . . . . . . . . . 14 14 16 17 18 19 19 20 20 20 21 21 22 22 22 23 23 24 24 25 25
2 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 20 Amendment of s 59LS (Consideration of application for forfeiture order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 21 Amendment of s 59LU (Consideration of application for forfeiture order) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 22 Amendment of s 59O (Powers for enforcing court order) . . . . . . . 27 23 Amendment of s 59Q (Release of motor vehicle impounded under section 59F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 24 Amendment of s 59ZI (Power for regulating traffic) . . . . . . . . . . . 28 25 Insertion of new ch 2D, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Part 3 Stopping animals for prescribed purposes 59ZJ Stopping animals for prescribed purposes . . . . . . . . . 28 59ZK Power to enable effective and safe exercise of other powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 26 Amendment of s 71 (Order in search warrant about documents). 31 27 Insertion of new s 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 71A Order in search warrant about information necessary to access information stored electronically. . . . . . . . . 31 28 Amendment of s 73 (What search warrant must state) . . . . . . . . 32 29 Amendment of s 74 (Powers under search warrant) . . . . . . . . . . 32 30 Amendment of s 108 (What production order must state) . . . . . . 33 31 Amendment of s 127 (What covert search warrant must state) . . 33 32 Replacement of s 131 (Report on covert search) . . . . . . . . . . . . 33 131 Report on covert search . . . . . . . . . . . . . . . . . . . . . . . 33 33 Amendment of s 132 (Object of ch 5). . . . . . . . . . . . . . . . . . . . . . 34 34 Amendment of s 135 (Authorised controlled activities) . . . . . . . . 35 35 Amendment of s 141 (Relationship to other laws and matters) . . 36 36 Amendment of s 197ZK (Relationship to other laws and matters) 36 37 Amendment of s 199 (Arrest of escapees etc.) . . . . . . . . . . . . . . 36 38 Amendment of s 203 (Arrest warrant application) . . . . . . . . . . . . 36 39 Amendment of s 204 (Issue of arrest warrant) . . . . . . . . . . . . . . . 37 40 Insertion of new s 205A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 205A Compliance with limitation of proceedings . . . . . . . . . 37 41 Insertion of new s 207A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 207A Effect of release under pt 4 . . . . . . . . . . . . . . . . . . . . 38 42 Amendment of s 211 (Additional case when arrest for minor drugs offence may be discontinued). . . . . . . . . . . . . . . . . . . . . . . 38 43 Amendment of s 214 (Notice to appear may be issued for offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
3 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 44 Amendment of s 219 (Notice to appear equivalent to a complaint and summons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 45 Amendment of s 220 (Court may order immediate arrest of person who fails to appear) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 46 Amendment of s 224 (Duty of police officer after arrest etc. of person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 47 Amendment of s 229 (Application of pt 2) . . . . . . . . . . . . . . . . . . 42 48 Amendment of s 318ZZB (Evidentiary provision). . . . . . . . . . . . . 42 49 Amendment of s 371AB (Powers for reportable deaths) . . . . . . . 43 50 Insertion of new ch 9, pt 5, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . 44 51 Insertion of new ch 9, pt 5, div 2, hdg. . . . . . . . . . . . . . . . . . . . . . 44 52 Amendment of s 372A (Police actions after domestic violence order is made) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 53 Amendment of s 373 (Assistance in exercising powers) . . . . . . . 45 54 Insertion of new ss 377B–377C . . . . . . . . . . . . . . . . . . . . . . . . . . 45 377B Power to examine seized things . . . . . . . . . . . . . . . . . 45 377C Extent of power to examine seized things . . . . . . . . . 45 55 Replacement of s 380 (Receipt for seized property) . . . . . . . . . . 46 380 Receipt for seized property . . . . . . . . . . . . . . . . . . . . 46 56 Amendment of s 387 (Removal of clothing for search) . . . . . . . . 47 57 Amendment of s 390 (If video cameras monitor place where person is searched) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 58 Amendment of s 391 (Safeguards for directions or requirements) 48 59 Insertion of new ch 11, pt 1, div 1, hdg. . . . . . . . . . . . . . . . . . . . . 48 60 Amendment of s 397 (Transfer of persons in watch-houses) . . . . 48 61 Insertion of new ch 11, pt 1, div 2. . . . . . . . . . . . . . . . . . . . . . . . . 49 Division 2 Watch-house officer’s functions and powers Subdivision 1 Functions 397A Functions of watch-house officers . . . . . . . . . . . . . . . 49 Subdivision 2 Powers for screening of entrants to watch-houses 397B Power to require reasons for entry to watch-houses . 50 397C Use of electronic screening devices in watch-houses 50 397D Watch-house officer may ask entrant to remove outer garment etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 397E Direction by watch-house officer to leave watch-house .......................... 51 397F Seizure of proscribed things. . . . . . . . . . . . . . . . . . . . 52 397G Refusal of entry to and removal from watch-house . . 52
4 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Subdivision 3 Powers relating to persons in custody in or reporting to watch-house 397H Watch-house officer may require person to state name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 397I Watch-house officer may search person in custody at watch-house . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 397J Watch-house officer may take identifying particulars of person at watch-house . . . . . . . . . . . . . . . . . . . . . . 53 397K Commissioner may authorise watch-house officer to take DNA samples of person at watch-house . . . . . . 54 397L Power to use force against individual at watch-house 54 397M Power to use force—transfer etc. of person in custody to or from court cell or other place . . . . . . . . 55 Subdivision 4 Provisions about exercise of particular powers 397N Search of persons . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 397O Property seized during search etc.. . . . . . . . . . . . . . . 56 397P Giving directions and making requirements . . . . . . . . 56 397Q Making entries in registers . . . . . . . . . . . . . . . . . . . . . 57 397R Responsibilities code . . . . . . . . . . . . . . . . . . . . . . . . . 57 397S Custody continues while person in custody is being transferred or escorted by watch-house officer . . . . . 57 62 Amendment of s 415 (Persons to be given copy of information in register) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 63 Amendment of s 416 (Restriction on disclosure of certain information) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 64 Amendment of s 420 (Application of pt 3) . . . . . . . . . . . . . . . . . . 58 65 Insertion of new ss 422A–422B . . . . . . . . . . . . . . . . . . . . . . . . . . 59 422A Particular provision about handling animals in the possession of the police service . . . . . . . . . . . . . . . . 59 422B Forfeiture in particular cases . . . . . . . . . . . . . . . . . . . 60 66 Replacement of ch 11, pt 3, div 2, hdg. . . . . . . . . . . . . . . . . . . . . 60 67 Amendment of s 423 (Return of seized things) . . . . . . . . . . . . . . 60 68 Insertion of new s 423A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 423A Application by owner etc. for return of relevant thing . 61 69 Replacement of s 424 (Application by owner etc. for return of relevant things) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 424 Application by owner etc. for court order for return of relevant thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 70 Amendment of s 425 (Application by police officer for order if ownership dispute) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
5 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 71 Amendment of s 426 (Application for order in relation to seized things) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 72 Amendment of s 427 (Orders issuer may make in relation to seized thing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 73 Insertion of new ss 427A–427D . . . . . . . . . . . . . . . . . . . . . . . . . . 65 427A Cost recovery for animal held by commissioner under order under s 427. . . . . . . . . . . . . . . . . . . . . . . 65 427B Voluntary surrender of animal to State . . . . . . . . . . . . 66 427C Appeal if letter of demand given under s 427A . . . . . 66 427D Deciding appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 74 Replacement of ch 11, pt 3, div 3. . . . . . . . . . . . . . . . . . . . . . . . . 68 Division 3 Dealing with controlled drugs, dangerous drugs etc. Subdivision 1 Preliminary 430 Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 431 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 Subdivision 2 General provisions about destruction of drug matter 432 Destruction of drug matter soon after it is seized etc. 68 433 Steps police officer must take before destroying drug matter under s 432 . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 433A Alternative to destruction if drug matter is thing used in the commission of a drug offence. . . . . . . . . . . . . . 70 Subdivision 3 Destruction of drug matter if notice required 433B Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 70 433C Definitions for sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . 70 433D Destruction notice may be given to person . . . . . . . . 71 433E What destruction notice must state . . . . . . . . . . . . . . 71 433F Making sample of drug matter available. . . . . . . . . . . 72 433G When drug matter may be destroyed . . . . . . . . . . . . . 73 75 Amendment of s 435 (What is the appointed day for disposal of weapons under s 434) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 76 Amendment of s 438 (Order for forfeiture of particular relevant things) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 77 Amendment of s 441 (Dealing with forfeited things) . . . . . . . . . . . 74 78 Insertion of new ch 11, pt 3, div 9. . . . . . . . . . . . . . . . . . . . . . . . . 75 Division 9 Evidentiary provisions 443AA Evidentiary provision about particular things in the possession of the police service . . . . . . . . . . . . . . . . 75
6 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 79 Insertion of new ch 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Chapter 11A Provisions about evading police officers Part 1 Preliminary Division 1 Explanation 443V Explanation of ch 11A . . . . . . . . . . . . . . . . . . . . . . . . 76 Division 2 Interpretation 443W Definitions for ch 11A . . . . . . . . . . . . . . . . . . . . . . . . . 77 443X Giving a direction for ch 11A . . . . . . . . . . . . . . . . . . . 79 443Y What is a warning light for ch 11A . . . . . . . . . . . . . . . 80 443Z When a person is charged for this chapter in relation to an evasion offence if proceeding for the offence is started by notice to appear or arrest . . . . . . . . . . . . . 81 443ZA Impounding or forfeiture of motor vehicle is in addition to other punishment . . . . . . . . . . . . . . . . . . . 81 443ZB Interaction between ch 2B and this chapter . . . . . . . . 81 Division 3 Relationship with Consumer Credit Code 443ZC Relationship with ConsumerCreditCode . . . . . . . . . 82 Part 2 Offences and related provisions Division 1 Offences 443ZD Offence for driver of motor vehicle to fail to stop motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 Division 2 Matters about investigation of evasion offence 443ZE When evasion offence notice may be given to owner of motor vehicle involved in offence . . . . . . . . . . . . . . 83 443ZF Who may be prosecuted for evasion offence if no response to evasion offence notice . . . . . . . . . . . . . . 84 Division 3 Evidentiary provisions 443ZG Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . 85 Part 3 Obtaining impounding and forfeiture orders Division 1 Application provisions 443ZH Application for impounding order for evasion offence. 86 443ZI Application for forfeiture order for evasion offence . . . 86 Division 2 Orders if offence not decided 443ZJ Orders on application for impounding order if evasion offence not decided . . . . . . . . . . . . . . . . . . . . . . . . . . 87 443ZK Orders on application for forfeiture order if evasion offence not decided . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Division 3 Advice of date of hearing 443ZL Advice to owner of date of hearing. . . . . . . . . . . . . . . 88
7 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Part 4 Deciding applications Division 1 Where and when application may be heard 443ZM Where application is to be decided . . . . . . . . . . . . . . 443ZN When application to be heard. . . . . . . . . . . . . . . . . . . Division 2 Consideration of applications 443ZO Consideration of application for impounding order . . . 443ZP Consideration of application for forfeiture order . . . . . Division 3 Other provisions about applications and orders Subdivision 1 Community service orders 443ZQ Community service instead of impounding or forfeiture order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 Costs orders if child found guilty of evasion offence 443ZR Costs order if child found guilty of evasion offence . . 443ZS Application of applied sections for s 443ZR . . . . . . . . Subdivision 3 Offences 443ZT Motor vehicle not to be sold etc. before charge of offence is decided. . . . . . . . . . . . . . . . . . . . . . . . . . . . 443ZU Offence to remove motor vehicle impounded under court order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 4 General 443ZV Defence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443ZW Counting the occasions . . . . . . . . . . . . . . . . . . . . . . . 443ZX Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443ZY Powers for enforcing court order . . . . . . . . . . . . . . . . 443ZZ Duties of police officer after impounding or seizing motor vehicle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443ZZA Police officer may authorise tow . . . . . . . . . . . . . . . . . Part 5 Other provisions Division 1 Liability for costs of impounding 443ZZB Liability to pay costs of impounding—adult driver . . . 443ZZC Liability to pay costs—child driver . . . . . . . . . . . . . . . 443ZZD Payment of costs if motor vehicle not recovered . . . . 443ZZE Registration of costs under StatePenaltiesEnforcement Act 1999 . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Release of impounded motor vehicle 443ZZF Release of motor vehicle impounded under court order ................................. 88 89 89 90 91 92 92 94 94 95 95 96 97 98 99 99 100 100 100 101
80 81 82 83 84 85 86 87 Part 3 88 89 Part 4 90 8 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Division 3 Sale, transfer or disposal of impounded or forfeited motor vehicle 443ZZG Sale of motor vehicle if not recovered after impounding ends . . . . . . . . . . . . . . . . . . . . . . . . . . . 443ZZH Voluntary transfer of ownership of motor vehicle to State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 443ZZI Disposal of forfeited motor vehicle . . . . . . . . . . . . . . . 443ZZJ Application of proceeds of sale . . . . . . . . . . . . . . . . . Division 4 Other provisions 443ZZK Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 443ZZL Third party protection from forfeiture order. . . . . . . . . 443ZZM Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 447 (Assistance at fire or chemical incidents) . 447 Helping at fire or hazardous materials emergency. . . Insertion of new s 447B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 447B Disposal of clothing of deceased person . . . . . . . . . . Amendment of s 448 (Assistance to courts, etc.). . . . . . . . . . . . . Amendment of s 455 (Compensation) . . . . . . . . . . . . . . . . . . . . . Insertion of new s 459A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 459A Renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ch 13, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 7 Transitional and Other provisions for Police Powers and Responsibilities and Other Acts Amendment Act 2006 509 Particular evidentiary certificates under s 318ZZB. . . 510 Effect of declaration under s 371F . . . . . . . . . . . . . . . 511 Transitional provision for former s 432 . . . . . . . . . . . . 512 Controlled activities . . . . . . . . . . . . . . . . . . . . . . . . . . 513 Transitional regulation-making power . . . . . . . . . . . . . Insertion of new schs 3A–3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 3A Renumbered cross-references Schedule 3B Additional controlled activity offences Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of CriminalCodeAct amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 340 (Serious assaults) . . . . . . . . . . . . . . . . . . . Amendment of CrimeandMisconductAct2001 Act amended in pt 4 and references. . . . . . . . . . . . . . . . . . . . . . . 102 102 103 103 103 104 105 106 106 106 106 106 107 107 107 108 109 109 110 110 110 111 123 128 128 129
9 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 91 Omission of ch 3, pt 6A, div 5 (Special provisions about creating identity documents) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 92 Insertion of new ch 3, pt 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 Part 6B Assumed identities Division 1 Preliminary 146O Purpose of pt 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 146P How purpose is achieved . . . . . . . . . . . . . . . . . . . . . . 129 146Q Definitions for pt 6B . . . . . . . . . . . . . . . . . . . . . . . . . . 130 146R Relationship to other laws . . . . . . . . . . . . . . . . . . . . . 131 Division 2 Authorities for assumed identities 146S Application for authority to acquire or use assumed identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 146T Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 132 146U Form of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 146V Period of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 146W Variation or cancellation of authority . . . . . . . . . . . . . 135 146X Review of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 Division 3 Evidence of assumed identities Subdivision 1 Creation of birth certificates for assumed identities 146Y Approval for creation of birth certificate for assumed identity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 146Z Giving effect to birth certificate approval . . . . . . . . . . 136 146ZA Destruction of birth certificate created under s 146Z . 137 Subdivision 2 Other provisions about evidence of assumed identities 146ZB Request for evidence of assumed identity . . . . . . . . . 137 146ZC Government issuing agency to comply with request . 138 146ZD Non-government issuing agency may comply with request . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 146ZE Cancelling evidence of assumed identity . . . . . . . . . . 138 Subdivision 3 Protections and indemnities 146ZF Protection from criminal responsibility—officer of issuing agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 146ZG Indemnity for issuing agency and officers in relation to creation of birth certificates . . . . . . . . . . . . . . . . . . 139 146ZH Indemnity for issuing agency and officers in relation to other evidence of assumed identities . . . . . . . . . . . 139
93 94 95 96 Part 5 97 98 99 100 101 102 10 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 146ZI Protection from criminal responsibility for particular ancillary conduct . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Effect of authorities 146ZJ Assumed identity may be acquired and used. . . . . . . 146ZK Protection from criminal responsibility—authorised person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146ZL Indemnity for authorised person . . . . . . . . . . . . . . . . . 146ZM Particular qualifications . . . . . . . . . . . . . . . . . . . . . . . 146ZN Effect of being unaware of variation or cancellation of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Misuse of assumed identity and information 146ZO Misuse of assumed identity . . . . . . . . . . . . . . . . . . . . 146ZP Disclosing information about assumed identity . . . . . Division 6 Reporting and record keeping 146ZQ Report about authorities for assumed identities etc. . 146ZR Record keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146ZS Audit of records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7 Delegation 146ZT Delegation generally. . . . . . . . . . . . . . . . . . . . . . . . . . 146ZU Delegation—chairperson . . . . . . . . . . . . . . . . . . . . . . Amendment of s 255 (Secondment of officers) . . . . . . . . . . . . . . Amendment of s 381 (Transitional provisions for authorities for birth certificates). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 382 (Identity documents other than birth certificates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of DomesticandFamilyViolenceProtectionAct1989 Act amended in part 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 47 (Service of application on respondent may be accompanied by summons) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 49 (Non-appearance of respondent) . . . . . . . . . Amendment of s 69 (Presence at domestic violence incident). . . Replacement of s 70 (Duty of police officer who has taken a person into custody under s 69) . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Duty of police officer who has taken a person into custody under s 69 . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 71 (Police officer must apply for protection order etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 140 141 141 142 142 143 144 145 146 146 147 147 147 148 148 149 150 150 150 150 151 151 152
11 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 103 104 Part 6 105 106 Part 7 107 108 109 110 Part 8 111 112 113 114 115 116 117 118 Part 9 119 Schedule 1 Schedule 2 Amendment of s 75 (Entry of registers) . . . . . . . . . . . . . . . . . . . . Amendment of sch (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Drugs Misuse Act 1986 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new ss 122A–122C . . . . . . . . . . . . . . . . . . . . . . . . . . 122A Particular proceedings for minor drugs offences . . . . 122B Provision of information to court. . . . . . . . . . . . . . . . . 122C Further consideration of charge of minor drugs offence ............................... Amendment of Evidence Act 1977 Act amended in pt 7 and references. . . . . . . . . . . . . . . . . . . . . . . Amendment of s 21G (Form of witness identity protection certificate) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 21KE (Review of giving of witness identity protection certificate by police service) . . . . . . . . . . . . . . . . . . . . Amendment of s 54 (Proof of identity of a person convicted). . . . Amendment of PoliceServiceAdministrationAct1990 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 1.4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 4.9 (Commissioner’s directions) . . . . . . . . . . . . Insertion of new pt 5, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 5, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 2 Watch-house officers 5.18 Appointment of watch-house officers . . . . . . . . . . . . . Amendment of s 5A.2 (Definitions for pt 5A) . . . . . . . . . . . . . . . . Insertion of new s 5A.4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5A.4A Analysts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch (Relevant information) . . . . . . . . . . . . . . . . . . Other Acts amended Acts amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Minor amendments of PolicePowersandResponsibilitiesAct 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Australian Crime Commission (Queensland) Act 2003 . . . . . . . . Cross-Border Law Enforcement Legislation Amendment Act 2005 Police Powers and Responsibilities (Motorbike Noise)AmendmentAct2005. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Summary Offences Act 2005 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 152 152 153 153 153 154 155 155 155 155 156 156 156 156 157 157 157 158 158 158 158 159 163 163 163 164 164
12 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Tow Truck Act 1973 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165 Weapons Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
Queensland Police Powers and Responsibilities and Other Acts Amendment Act 2006 Act No. 26 of 2006 An Act to amend the Police Powers and Responsibilities Act2000 , and for related purposes [Assented to 1 June 2006]
14 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Police Powers and Responsibilities and Other Acts Amendment Act 2006 . 2 Commencement (1) This Act, other than the following provisions, commences on a day to be fixed by proclamation— (a) sections 3, 8 to 25, 31 to 37 and 53; (b) section 85, other than to the extent it inserts new sections 510, 512 and 513; (c) section 86, to the extent it inserts schedule 3B; (d) section 87(2), to the extent it inserts the definitions prescribed place and regulated place ; (e) parts 3 and 4; (f) sections 107, 108 and 109; (g) schedule 1, amendments 7 and 8; (h) schedule 2, to the extent it amends the following— (i) the Cross-BorderLawEnforcementLegislationAmendment Act 2005 ; (ii) the Police Powers and Responsibilities (MotorbikeNoise) Amendment Act 2005 . (2) Sections 13 to 17 commence on 1 July 2006. (3) Sections 18 to 23 and schedule 1, amendments 7 and 8 commence immediately after the commencement of section 7 of the Police Powers and Responsibilities (Motorbike Noise)Amendment Act 2005 .
15 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 (4) Sections 24 and 25 commence immediately after the commencement of section 14 of the PolicePowersandResponsibilities (Motorbike Noise) Amendment Act 2005 . (5) Sections 31 and 32 commence immediately after the commencement of schedule 1, amendment 8 of the Cross-BorderLawEnforcementLegislationAmendmentAct2005. (6) If this section commences before the commencement of section 12 of the Cross-Border Law Enforcement LegislationAmendment Act 2005 , sections 3, 33(1), 34(1), 35 and 36 and section 85, to the extent it inserts new sections 512 and 513, commence immediately after the commencement of section 12 of that Act. (7) However, if this section commences after the commencement of section 12 of the Cross-BorderLawEnforcementLegislation Amendment Act 2005 , sections 3, 33(1), 34(1), 35 and 36 and section 85, to the extent it inserts new sections 512 and 513, are taken to have commenced immediately after the commencement of section 12 of that Act. (8) If this section commences before the commencement of section 51 1 of the Cross-Border Law Enforcement LegislationAmendment Act 2005 , sections 107, 108 and 109 commence immediately after the commencement of section 51 of that Act. (9) However, if this section commences after the commencement of section 51 of the Cross-BorderLawEnforcementLegislation Amendment Act 2005 , sections 107, 108 and 109 are taken to have commenced immediately after the commencement of section 51 of that Act. (10) If this section commences before the commencement of section 69 of the Cross-Border Law Enforcement LegislationAmendmentAct2005 , part 4 commences immediately after the commencement of section 69 of that Act. (11) However, if this section commences after the commencement of section 69 of the Cross-Border Law Enforcement 1 Cross-BorderLawEnforcementLegislationAmendmentAct2005 , section 51 (Replacement of pt 2, div 5 (Witness anonymity))
16 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Legislation Amendment Act 2005 , part 4 is taken to have commenced immediately after the commencement of section 69 of that Act. (12) Sections 33(2) and (3), 34(2) to (6) and 86, to the extent it inserts schedule 3B, commence immediately after the commencement of sections 33(1) and 34(1). (13) Sections 85, to the extent it inserts section 510, and 87(2), to the extent it inserts the definitions prescribed place and regulated place , and part 3 commence on the date of assent. (14) Section 37 commences on the later of the following— (a) the date of assent; (b) the commencement of the Corrective Services Act 2006 , section 112. 2 (15) Section 53 commences, or is taken to have commenced, immediately after the commencement of the Cross-BorderLawEnforcementLegislationAmendmentAct2005 , section 13. 3 Part 2 Amendment of Police Powers and Responsibilities Act 2000 3 Act amended in pt 2 and sch 1 and references (1) This part and schedule 1 amend the PolicePowersandResponsibilities Act 2000. (2) Also, a reference in this part or schedule 1 to— (a) sections 127 and 131 of the PolicePowersandResponsibilities Act 2000 is a reference to the provisions as renumbered and relocated by the Cross-Border Law 2 Corrective Services Act 2006 , section 112 (Arresting prisoner unlawfully at large) 3 Cross-BorderLawEnforcementLegislationAmendmentAct2005 , section 13 (Amendment of s 373 (Assistance in exercising powers))
17 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Enforcement Legislation Amendment Act 2005 , schedule 1; or (b) sections 132, 135, 141, 197ZI and 197ZK is a reference to the provisions as inserted by the Cross-BorderLawEnforcement Legislation Amendment Act 2005 . (3) In addition, a reference in this part or schedule 1 to section 59LP, 59LQ, 59LS, 59LU, 59LX, 59LY, 59Q or 59ZI, chapter 2D or section 367A of the Police Powers and ResponsibilitiesAct2000 is a reference to the provisions as inserted by the PolicePowersandResponsibilities(MotorbikeNoise)Amendment Act 2005 . (4) Subsections (2) and (3) and this subsection expire immediately after the last amendment of the provisions mentioned in subsection (2) or (3) commences. 4 Amendment of s 20 (Power to enter etc. for relevant laws) (1) Section 20(5)— renumber as section 20(6). (2) Section 20(4)— omit, insert — ‘(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 DrugsMisuseAct1986 , section 43D to keep a register; 4 (b) a person who is required under the Road Use Management Act, section 133 to keep a register; 5 (c) a person who is required under the Health Act 1937 , or a regulation under that Act, to make a record in relation to a sale by retail of a substance that is a prescribed item. 4 DrugsMisuseAct1986 , section 43D (Requirements for supply of controlled substance under relevant transactions) 5 Road Use Management Act, section 133 (Occupiers of garages etc. to keep register of repairs)
18 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Note — At the time of enactment of this subsection, the Health(DrugsandPoisons) Regulation 1996 requires a person who sells particular poisons by retail to make a record relating to those sales. Those poisons include pseudoephedrine as an S3 poison within the meaning of that regulation. If pseudoephedrine as an S3 poison were declared to be a prescribed item, the person selling it would be taken under paragraph (c) to be a licence holder under a relevant law. ‘(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) or (b); (b) a place used by a person to carry out activities for which records must be made as mentioned in subsection (4)(c).’. 5 Amendment of s 28 (Prescribed circumstances for searching persons without warrant) (1) Section 28(a)(vi), ‘the police officer reasonably suspects’— omit, insert — ‘that’. (2) Section 28(a)— insert — ‘(vii)evidence of the commission of an offence against the CriminalCode, section 469 6 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; 7 ’. 6 Criminal Code, section 469 (Wilful damage) 7 Summary Offences Act 2005 , section 17 (Graffiti instrument)
19 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 6 Amendment of s 30 (Prescribed circumstances for searching vehicles without warrant) (1) Section 30, ‘the vehicle may have in it something’— omit, insert — ‘there is something in the vehicle’. (2) Section 30(g), first dot point— omit, insert— ‘• the Racing Act 2002 ’. (3) Section 30(j), ‘the police officer reasonably suspects’— omit, insert— ‘that’. (4) Section 30(k)— renumber as section 30(m). (5) Section 30— insert — ‘(k) may be evidence of the commission of an offence against the CriminalCode, section 469 8 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 SummaryOffencesAct2005 , section 17; 9 or’. 7 Amendment of s 33 (Prescribed circumstances for requiring name and address) (1) Section 33(b), after ‘an offence’— insert — ‘, including an extradition offence’. 8 Criminal Code, section 469 (Wilful damage) 9 Summary Offences Act 2005 , section 17 (Graffiti instrument)
20 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 (2) Section 33(c)(ii), ‘, 318D’— omit . 8 ‘35A Insertion of new s 35A Chapter 2, part 4, before section 36— insert — Application of pt 4 ‘This part applies in relation to the following places ( regulated places )— (a) public places; (b) prescribed places that are not also public places.’. 9 Amendment of s 37 (When power applies to behaviour) (1) Section 37(1), ‘prescribed place’— omit, insert — ‘regulated place’. (2) Section 37(2), (3) and (4)— renumber as section 37(3), (5) and (6). (3) Section 37(5), as renumbered by subsection (2), ‘prescribed place’— omit, insert — ‘regulated place’. (4) Section 37— insert — ‘(2) If the regulated place is a public place, 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.’. (5) Section 37— insert —
21 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 ‘(4) However, subsections (1)(b) and (3) do not limit subsection (1)(a), (c) and (d).’. 10 Amendment of s 38 (When power applies to a person’s presence) (1) Section 38(1), ‘prescribed place’— omit, insert — ‘regulated place’. (2) Section 38(2) and (3)— renumber as section 38(3) and (5). (3) Section 38— insert — ‘(2) If the regulated place is a public place, 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.’. (4) Section 38— insert — ‘(4) However, subsections (1)(b) and (3) do not limit subsection (1)(a) and (c).’. 11 Amendment of s 39 (Direction may be given to person) Section 39(3)— omit, insert — ‘(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;
22 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 (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.’. 12 Replacement of ss 40–41 Sections 40 and 41— omit, insert — ‘40 Review ‘(1) The CMC 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 CMC for the CrimeandMisconductAct2001 . ‘(4) In the course of preparing the report, the CMC must consult with the Minister. ‘(5) The CMC must give a copy of the report to the Speaker for tabling in the Legislative Assembly.’. 13 Amendment of s 50 (Power for regulating traffic) (1) Section 50, heading, after ‘regulating’— insert — ‘ vehicular and pedestrian ’. (2) Section 50(1) and (2), ‘, signal or order’— omit . (3) Section 50(3)— omit, insert — ‘(3) Without limiting subsection (1), a police officer may act under that subsection if the police officer reasonably suspects an
23 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 emergency exists or it is otherwise necessary to temporarily prohibit, divert or direct traffic and pedestrians. Examples for subsection (3) — 1 A siege where firearms are being discharged and members of the public may be hurt. 2 A serious or fatal road accident requiring treatment of injured persons, removal of bodies, wreckage to be cleared or evidence to be gathered for investigating the cause of the accident.’. (4) Section 50(4), ‘or (3)’— omit . 14 Amendment of s 51 (Stopping vehicles for prescribed purposes) Section 51(1), after ‘a train’— insert — ‘or a vehicle being pulled by an animal’. 15 Amendment of s 56 (Power to require vehicle inspections) (1) Section 56(1)— omit, insert — ‘(1) If a police officer reasonably suspects a vehicle may not comply with a transport Act, the police officer may require either of the following to have the vehicle inspected at a stated reasonable time and place— (a) the owner of the vehicle; (b) if there is a registered operator for the vehicle and the registered operator, apart from being the registered operator, is not the owner of the vehicle—the registered operator for the vehicle.’. (2) Section 56— insert —
24 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 ‘(4) In this section— owner , of a vehicle, has the meaning given under the Road Use Management Act, schedule 4.’. 16 Amendment of s 57 (Power to prohibit use of vehicles) (1) Section 57(1), after ‘owner’— insert — ‘or, if there is a registered operator for the vehicle and the registered operator, apart from being the registered operator, is not the owner of the vehicle, its registered operator,’. (2) Section 57(5), after ‘owner’— insert — ‘or registered operator’. (3) Section 57(8), definition owner , after ‘Act’— insert — ‘, schedule 4’. 17 Amendment of s 58 (Power to prohibit persons driving) (1) Section 58(1), ‘driver’— omit, insert — ‘person in control’. (2) Section 58(2), ‘driver’— omit, insert — ‘person in control’. (3) Section 58(2), ‘a vehicle’— omit, insert — ‘the vehicle’.
25 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 18 Amendment of s 59LP (When application to be heard—vehicle related offence) Section 59LP— insert — ‘(3) However, if, after an application for a forfeiture order in relation to a vehicle related offence is made— (a) the person to whom the application relates is found not guilty of 1 of the vehicle related offences or the proceeding for 1 of the offences is discontinued; and (b) no motor vehicle has previously been impounded for a vehicle related offence committed within the relevant period on an application for an impounding order made in relation to that person for an offence to which the application for the forfeiture order relates; the relevant court may hear and decide the application for the forfeiture order as if it were an application for an impounding order. ‘(4) An application to which subsection (3) applies is taken, for divisions 2 and 3, to be an application for an impounding order.’. 19 Amendment of s 59LQ (When application to be heard—motorbike noise order offence) Section 59LQ— insert — ‘(3) However, if, after an application for a forfeiture order in relation to a motorbike noise order offence is made— (a) the person to whom the application relates is found not guilty of 1 of the motorbike noise order offences or the proceeding for 1 of the offences is discontinued; and (b) no motorbike has previously been impounded for a motorbike noise order offence committed within the relevant period on an application for an impounding order made in relation to that person for an offence to which the application for the forfeiture order relates;
26 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 the relevant court may hear and decide the application for the forfeiture order as if it were an application for an impounding order. ‘(4) An application to which subsection (3) applies is taken, for divisions 2 and 3, to be an application for an impounding order.’. 20 Amendment of s 59LS (Consideration of application for forfeiture order) Section 59LS(2)— omit, insert— ‘(2) If— (a) under subsection (1), the relevant court orders the impounding of the motor vehicle to which the application relates; and (b) a relevant court has previously made an impounding order under section 59LR for a vehicle related offence committed within the relevant period and forming the basis of the application; the motor vehicle is impounded under subsection (1) for the vehicle related offence giving rise to the application for the forfeiture order and not for a vehicle related offence to which the impounding order under section 59LR relates.’. 21 Amendment of s 59LU (Consideration of application for forfeiture order) Section 59LU(2)— omit, insert— ‘(2) If— (a) under subsection (1), the relevant court orders the impounding of the motorbike to which the application relates; and (b) a relevant court has previously made an impounding order under section 59LT for a motorbike noise order
27 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 offence committed within the relevant period and forming the basis of the application; the motorbike is impounded under subsection (1) for the motorbike noise order offence giving rise to the application for the forfeiture order and not for the motorbike noise order offence to which the impounding order under section 59LT relates.’. 22 Amendment of s 59O (Powers for enforcing court order) (1) Section 59O(2), ‘seize’— omit, insert — ‘impound, or if the motor vehicle is forfeited to the State, take possession of, ’. (2) Section 59O— insert — ‘(3) If the impounding order or forfeiture order authorises a police officer to enter a place for giving effect to the order as mentioned in subsection (2), power to enter the place includes, and is taken always to have included, power to re-enter the place as often as is reasonably necessary for the purpose.’. 23 Amendment of s 59Q (Release of motor vehicle impounded under section 59F) (1) Section 59Q, heading, ‘ section 59F ’— omit, insert — ‘ s 59F ’. (2) Section 59Q(3), after ‘business hours’— insert — ‘on a business day’. (3) Section 59Q(4), definition business hours , ‘on any day’— omit .
28 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 24 Amendment of s 59ZI (Power for regulating traffic) (1) Section 59ZI, heading, ‘traffic’— omit, insert — ‘ animal traffic ’. (2) Section 59ZI(1), ‘, signal or order’— omit . (3) Section 59ZI(1), ‘traffic’— omit, insert — ‘animal traffic’. (4) Section 59ZI(2)— omit, insert — ‘(2) Without limiting subsection (1), a police officer may act under that subsection if the police officer reasonably suspects an emergency exists or it is otherwise necessary to temporarily prohibit, divert or direct animal traffic and pedestrians.’. (5) Section 59ZI(3), ‘, signal or order’— omit . 25 Insertion of new ch 2D, pt 3 Chapter 2D, after section 59ZI— insert — ‘Part 3 Stopping animals for prescribed purposes ‘59ZJ Stopping animals for prescribed purposes ‘(1) A police officer may require the person in control of an animal, whether or not the animal is pulling a vehicle, to stop the animal for a prescribed purpose. ‘(2) The person must comply with the requirement, unless the person has a reasonable excuse.
29 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Maximum penalty—60 penalty units. ‘(3) The prescribed purposes are as follows— (a) for enforcing a transport Act; (b) to check whether the vehicle the animal is pulling or the person in control of the animal is complying with a transport Act; (c) for monitoring or enforcing a liquor provision; (d) for enforcing a contravention of law involving putting, dropping and leaving litter on a public place. ‘(4) For monitoring or enforcing a liquor provision, the police officer may exercise any of the following powers if the police officer reasonably suspects the exercise of the power may be effective for the purpose— (a) if the animal is pulling a vehicle—enter the vehicle and remain in it for the time reasonably necessary for the purpose; (b) search anything on the animal or in the vehicle; (c) photograph or film— (i) the animal and anything on the animal; and (ii) if the animal is pulling a vehicle, the vehicle or anything in it; (d) if the animal is pulling a vehicle, inspect, measure or test the vehicle or anything in it; (e) take samples of anything on the animal or in the vehicle; (f) seize anything the officer reasonably suspects is evidence of the commission of an offence against a liquor provision; (g) copy a document in something on the animal or in the vehicle; (h) move the vehicle’s load. ‘(5) In this section— in , for a vehicle, includes on the vehicle.
30 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 liquor provision means any of the following provisions— (a) the Liquor Act 1992 , section 168B, 169 or 171; 10 (b) the Aboriginal Communities (Justice and Land Matters)Act 1984 , section 35 or 45; 11 (c) the CommunityServices(TorresStrait)Act1984 , section 101 or 110A. 12 monitor , a liquor provision, means check whether the provision is being complied with. ‘59ZK Power to enable effective and safe exercise of other powers ‘(1) A police officer may require the person in control of an animal pulling a vehicle to give the officer reasonable help to enable the officer to effectively exercise a power under this part in relation to the animal or vehicle. ‘(2) Also, a police officer may require the person in control of an animal pulling a vehicle, or a person who is on or has just left the animal or is in or on or has just left the vehicle, to do or not to do anything the police officer reasonably believes is necessary— (a) to enable the police officer to safely exercise a power under a transport Act in relation to the animal or vehicle; or (b) to preserve the safety of the police officer, the person or other persons. 10 Liquor Act 1992 , section 168B (Prohibition on possession of liquor in restricted area), 169 (Authority required for sale) or 171 (Carrying or exposing liquor for sale) 11 AboriginalCommunities(JusticeandLandMatters)Act1984 , section 35 (Possession or consumption of alcohol in or on dry place) or 45 (Offences relating to homemade alcohol) 12 CommunityServices(TorresStrait)Act1984 , section 101 (Possession or consumption of alcohol in or on dry place) or 110A (Offences relating to homemade alcohol)
31 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 ‘(3) A person must comply with a requirement under subsection (1) or (2), unless the person has a reasonable excuse. Maximum penalty for subsection (3)—60 penalty units.’. 26 Amendment of s 71 (Order in search warrant about documents) Section 71, after ‘magistrate’— insert — ‘or a judge’. 27 Insertion of new s 71A After section 71— insert — ‘71A Order in search warrant about information necessary to access information stored electronically ‘(1) If the issuer is a magistrate or a judge, the issuer may, in a search warrant order the person in possession of access information for a storage device in the person’s possession or to which the person has access at the place— (a) to give a police officer access to the storage device and the access information necessary for the police officer to be able to use the storage device to gain access to stored information that is accessible only by using the access information; and (b) to allow a police officer given access to a storage device to do any of the following in relation to stored information stored on or accessible only by using the storage device— (i) use the access information to gain access to the stored information; (ii) examine the stored information to find out whether it may be evidence of the commission of an offence;
32 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 (iii) make a copy of any stored information that may be evidence of the commission of an offence, including by using another storage device. ‘(2) In this section— access information means information of any kind that it is necessary for a person to use to be able to access and read information stored electronically on a storage device. storage device means a device of any kind on which information may be stored electronically. stored information means information stored on a storage device.’. 28 Amendment of s 73 (What search warrant must state) (1) Section 73(1)(a)— omit, insert — ‘(a) a police officer may exercise search warrant powers under the warrant; and’. (2) Section 73(3), from ‘a magistrate’ to ‘section 71’— omit, insert — ‘a magistrate or a judge makes an order under section 71 or 71A’. 29 Amendment of s 74 (Powers under search warrant) (1) Section 74(1), ‘has the following powers’— omit, insert— ‘may lawfully exercise the following powers’. (2) Section 74(1)(j), after ‘relates’— insert — ‘, whether or not the thing is seized under the warrant’.
33 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 30 Amendment of s 108 (What production order must state) (1) Section 108(2)— renumber as section 108(3). (2) Section 108— insert — ‘(2) Power to enter a place under a production order includes, and is taken always to have included, power to re-enter the place as often as is reasonably necessary for enforcing the order.’. 31 Amendment of s 127 (What covert search warrant must state) Section 127— insert — ‘(g) a report in relation to the warrant must be made under section 131 and to whom the report must be made.’. 32 Replacement of s 131 (Report on covert search) Section 131— omit, insert — ‘131 Report on covert search ‘(1) A police officer to whom a covert search warrant is issued, or who is primarily responsible for executing a covert search warrant, must make a report as required under this section. ‘(2) The report must be made to the Supreme Court judge who issued the warrant or to the public interest monitor as stated in the warrant. ‘(3) The report must be made within 7 days after the warrant is executed. ‘(4) If a report is given to the public interest monitor, the monitor may refer the report to a Supreme Court judge for the purpose of an order being made under subsection (5). ‘(5) If—
34 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 (a) the report is made to a Supreme Court judge; or (b) the public interest monitor refers the report to a Supreme Court judge; the police officer must, if practicable, also take before the judge anything seized under the warrant and any photograph taken during the search. ‘(6) On receiving a report, the judge may order that any thing seized under the warrant and any photograph taken during the search— (a) be held by a police officer until any proceeding in which the thing may be evidence ends; or (b) be dealt with in the way the judge orders.’. 33 Amendment of s 132 (Object of ch 5) (1) Section 132, ‘offences’— omit, insert — ‘serious indictable offences’. (2) Section 132, ‘serious indictable offences’— omit, insert — ‘controlled activity offences’. (3) Section 132— insert — ‘(2) In this chapter— controlled activity offence means— (a) a seven year imprisonment offence; or (b) an indictable offence mentioned in schedule 2; 13 or (c) an indictable or simple offence mentioned in schedule 3B. 14 ’. 13 Schedule 2 (Relevant offences for controlled operations and surveillance device warrants) 14 Schedule 3B (Additional controlled activity offences)
35 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 34 Amendment of s 135 (Authorised controlled activities) (1) Section 135(1)(a), from ‘an offence’— omit, insert — ‘a serious indictable offence against a person; and’. (2) Section 135(1)(a), ‘a serious indictable offence’— omit, insert— ‘a controlled activity offence’. (3) Section 135(1)(b)(i)— omit, insert— ‘(i) 1 or more meetings between the police officer and a person, whether or not the meetings were the result of a written or oral communication with the person;’. (4) Section 135(2), after ‘inspector’— insert — (a senior police officer )’. (5) Section 135(4) and (5)— renumber as section 132(6) and (7). (6) Section 135— insert — ‘(4) However, the senior police officer may authorise a police officer to engage in a controlled activity only if, having regard to the nature or extent of the relevant controlled activity offence, authorising a controlled activity is appropriate in the particular circumstances. ‘(5) The authority must be written and state— (a) the controlled activity the police officer is authorised to engage in; and (b) the period, of not more than 7 days, for which the authority is in force.’.
36 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 35 Amendment of s 141 (Relationship to other laws and matters) Section 141— insert — ‘(8) In this section— function includes power.’. 36 Amendment of s 197ZK (Relationship to other laws and matters) Section 197ZK— insert — ‘(9) In this section— insert — function includes power.’. 37 Amendment of s 199 (Arrest of escapees etc.) Section 199(2)— omit, insert — ‘(2) Also, it is lawful for a police officer to arrest, without warrant, a prisoner who is unlawfully at large within the meaning of the Corrective Services Act 2006 , section 112. 15 ‘(3) Also, a police officer has the same powers as a corrective services officer has under a warrant under the CorrectiveServices Act 2006 , section 112.’. 38 Amendment of s 203 (Arrest warrant application) (1) Section 203(2) and (3)— renumber as section 203(3) and (5). (2) Section 203— 15 Corrective Services Act 2006 , section 112 (Arresting prisoner unlawfully at large)
37 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 insert — ‘(2) The police officer may apply for the warrant whether or not a proceeding has been started against the person by complaint and summons or notice to appear.’. (3) Section 203— insert — ‘(4) If the application— (a) relates to an offence other than an indictable offence; and (b) is made because the applicant reasonably believes proceeding or continuing to proceed against the person named in the application by complaint and summons or notice to appear would be ineffective; the application must state the belief and the reasons for the belief.’. 39 Amendment of s 204 (Issue of arrest warrant) After section 204(b), after ‘ineffective’— insert — ‘, including because the person can not currently be located or served with a complaint and summons or notice to appear for the offence’. 40 Insertion of new s 205A Chapter 6, part 2, after section 205— insert — ‘205A Compliance with limitation of proceedings ‘(1) This section applies to an arrest warrant issued under section 204(b).
38 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 ‘(2) For the Justices Act 1886 , section 52 16 or another provision of an Act that imposes a limitation of proceedings for the offence by reference to when a complaint was made for the offence or to when proceedings for the offence are started, a complaint is taken to be made, and the proceedings started, when the warrant is issued.’. 41 Insertion of new s 207A Chapter 6, part 4, before section 208— insert — ‘207A Effect of release under pt 4 ‘If an arrested person is released under this part, any charge of an offence for which the arrested person is released is discontinued.’. 42 Amendment of s 211 (Additional case when arrest for minor drugs offence may be discontinued) (1) Section 211(1)(c), (d) and (e)— renumber as section 211(1)(d), (e) and (f). (2) Section 211(1)— insert — ‘(c) the person has not previously been sentenced to serve a term of imprisonment for an offence against the DrugsMisuse Act 1986 , section 5, 6 or 8; 17 and (3) Section 211(4), (5) and (6)— omit, insert — ‘(4) A police officer may make the offer at any time before the person appears before a court to answer a charge of the minor drugs offence. ‘(5) When making the offer, the police officer must give— 16 Justices Act 1886 , section 52 (Limitation of proceedings) 17 Drugs Misuse Act 1986 , section 5 (Trafficking in dangerous drugs), 6 (Supplying dangerous drugs) or 8 (Producing dangerous drugs)
39 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 (a) the person; and (b) if a support person is present when the offer is made, the support person; an oral or written explanation of the consequences of agreeing to attend a drug diversion assessment program. ‘(6) If the person agrees, the person must sign an agreement to attend and complete a drug diversion assessment program. ‘(7) The agreement must include a provision authorising the provider of the drug diversion assessment program to disclose to the commissioner information about— (a) the person’s attendance at, and completion of, the program; or (b) if the person failed to attend or complete the program—the person’s failure to attend or complete the program. ‘(8) The police officer must— (a) give the person a written requirement to attend and complete a drug diversion assessment program in accordance with the agreement; and (b) inform the person that failure to comply with the requirement is an offence against section 445. 18 ‘(9) Also, the police officer must give the chief executive (health), or a person or organisation nominated by that chief executive for this section, a copy of the agreement. ‘(10) On the signing of the agreement, the drug, and anything that may be, or has been, used for smoking the drug, is forfeited to the State. ‘(11) It is the duty of a police officer to release an arrested person at the earliest reasonable opportunity if the police officer is satisfied subsections (6) and (8) have been complied with.’. 18 Section 445 (Offence to contravene direction or requirement of police officer)
40 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 43 Amendment of s 214 (Notice to appear may be issued for offence) (1) Section 214(4)— renumber as section 214(5). (2) Section 214— insert — ‘(4) However, a notice to appear for an offence against the Road Use Management Act may be served on a person by registered post if it is served as provided for in the JusticesAct1886 , section 56(2)(a) or (b). 19 Note — The Justice Act 1886 , section 56(2)(a) and (b) authorises service in some cases at an address stated in a driver licence or a current certificate of registration for a motor vehicle.’. 44 Amendment of s 219 (Notice to appear equivalent to a complaint and summons) (1) Section 219(3)— omit, insert — ‘(3) If a prescribed police officer issues and serves a notice to appear on a person under section 225(2)(b), the police officer who arrested the person, and not the prescribed police officer, is taken to have started the proceeding against the person.’. (2) Section 219— insert— ‘(5) In this section— prescribed police officer means a prescribed police officer under the Bail Act 1980 , section 7.’. 19 Justices Act 1886 , section 56 (Service of summonses)
41 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 45 Amendment of s 220 (Court may order immediate arrest of person who fails to appear) (1) Section 220(6)— renumber as section 220(7). (2) Section 220(2)— omit, insert — ‘(2) A document purporting to be a copy of the notice to appear signed by the police officer who served it, and stating the following is evidence of what it states— (a) if the notice to appear was served personally— (i) the date it is served; and (ii) when and where it was served; (b) if the notice to appear is served by registered post under section 214(4)— (i) the notice to appear was posted to the address stated in the notice by registered post; and (ii) when and where the notice to appear was posted; and (iii) the registered post identification number for the envelope containing the notice to appear.’. (3) Section 220— insert — ‘(6) An adult who is arrested under a warrant issued under subsection (1)(b) is taken, for section 225, to have been arrested for the offence stated in the notice to appear.’. 46 Amendment of s 224 (Duty of police officer after arrest etc. of person) Section 224(2)— insert — ‘(f) is arrested under section 198(2) and is later released under section 208 without having been charged with the offence for which the person was arrested.’.
42 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 47 Amendment of s 229 (Application of pt 2) (1) Section 229(a)— omit, insert — ‘(a) is lawfully arrested for an indictable offence, including if the person is arrested under section 198(2) for questioning the person about the offence or investigating the offence.’. (2) Section 229(b), ‘an offence’— omit, insert— ‘a charge of an offence’. (3) Section 229, example, ‘ Example ’— omit, insert — ‘ Examples ’. 48 Amendment of s 318ZZB (Evidentiary provision) (1) Section 318ZZB(1)— omit, insert — ‘(1) A certificate signed by the commissioner and stating any of the following is evidence of what it states— (a) on a stated day and at a stated time a stated police officer authorised the performance of a stated forensic procedure on a stated person; (b) on a stated day and at a stated time a stated police officer or a stated watch-house officer used a stated device to generate a digital image of a fingerprint, footprint or palm print from a stated person; (c) a stated police officer was on a stated day an authorised examiner; (d) a stated person was on a stated day a DNA sampler; (e) how a stated thing taken from a stated person as the result of the performance of a stated forensic procedure was handled and stored;
43 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 (f) a stated person took or sent a stated thing taken as the result of the performance of a forensic procedure from a stated place to another stated place; (g) a stated person received a stated thing taken as the result of the performance of a forensic procedure at a stated place; (h) a certificate given under the Evidence Act 1977 , section 95A 20 relates to a stated DNA sample taken from a stated person. Note for subsection (1)(b) — See section 397J for the power of a watch-house officer to take a person’s identifying particulars.’. (2) Section 318ZZB(2), ‘10 business days— omit, insert — ‘20 business days’. (3) Section 318ZZB(3), ‘3 business days’— omit, insert — ‘15 business days’. 49 Amendment of s 371AB (Powers for reportable deaths) (1) Section 371AB(4), after ‘The officer may’— omit, insert — ‘search for and’. (2) Section 371AB(5) and (6)— renumber as section 371AB(6) and (7). (3) Section 371AB— insert — ‘(5) However, a police officer may not search the place under subsection (4) if the police officer reasonably believes the death was from natural causes.’. 20 Evidence Act 1977 , section 95A (DNA evidentiary certificate)
44 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 50 Insertion of new ch 9, pt 5, div 1 hdg Chapter 9, part 5, before section 371A— insert — ‘Division 1 Potentially harmful things’. 51 Insertion of new ch 9, pt 5, div 2, hdg Chapter 9, part 5, before section 372— insert — ‘Division 2 Other miscellaneous powers’. 52 Amendment of s 372A (Police actions after domestic violence order is made) (1) Section 372A(4), ‘subsection (3)(a)’— omit, insert— ‘subsection (4)(a)’. (2) Section 372A(4) and (5)— renumber as section 372A(5) and (6). (3) Section 372A(2) and (3)— omit, insert — ‘(2) If the respondent was not in court when the court made the domestic violence order, the clerk of the court must give the order to a member of the police service at the police station nearest the place where the respondent lives. ‘(3) The officer in charge of the police station must ensure a police officer gives the order to the respondent as soon as practicable. ‘(4) The police officer who gives the order to the respondent must— (a) if the order is given to the respondent at the respondent’s place of residence—take all steps necessary to ensure the respondent’s weapons licence and weapon are seized immediately; and
45 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 (b) in any other case—make arrangements to ensure the respondent’s weapons licence and weapon are surrendered to a police officer as soon as practicable.’. 53 Amendment of s 373 (Assistance in exercising powers) (1) Section 373(5) and (6), as inserted by the Cross-Border LawEnforcement Legislation Amendment Act 2005 , section 13— renumber as section 373(7) and (8). (2) Section 373— insert — ‘(5) Also, if the stated action is to help the police officer search the place, the assistant may search the place to the extent authorised by the police officer whether or not a police officer is present while the assistant is searching the place. ‘(6) However, the assistant may not help search a dwelling unless a police officer is present while the assistant helps in the search.’. 54 Insertion of new ss 377B–377C Chapter 9, part 5, after section 377A— insert — ‘377B Power to examine seized things ‘To remove doubt, it is declared that a power to seize a thing under this Act includes and always has included— (a) power to examine the thing; and (b) power to arrange for someone else to examine the thing. ‘377C Extent of power to examine seized things ‘Without limiting section 377B, power to examine a thing seized under this Act includes, and always has included, a power to do something that is reasonably necessary for, or as part of, a scientific or other investigative procedure involving
46 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 the thing, even though doing the thing may damage the thing or destroy it. Examples — • performing an analysis involving the thing • making an appraisal of the thing • inspecting the thing • perusing the thing • scanning the thing • sifting the thing’. 55 Replacement of s 380 (Receipt for seized property) Section 380— omit, insert — ‘380 Receipt for seized property ‘(1) If a police officer seizes anything under this Act or a warrant, the police officer must, as soon as is reasonably practicable after seizing the thing— (a) if the person from whom it is seized is present—give or cause to be given to the person a receipt for the thing; or (b) if the occupier of the premises is not present—leave a receipt for the thing in a conspicuous place. ‘(2) However, if the police officer reasonably suspects giving the person the receipt may frustrate or otherwise hinder the investigation or another investigation, the police officer may delay complying with subsection (1), but only for so long as— (a) the police officer continues to have the reasonable suspicion; and (b) that police officer or another police officer involved in the investigation remains in the vicinity of the place to keep it under observation. ‘(3) The receipt may be for a single thing or for all things seized from the person or the place.
47 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 ‘(4) Also, the receipt must describe the thing seized and include any other information required under the responsibilities code. ‘(5) This section does not apply if the police officer reasonably believes— (a) there is no-one apparently in possession of the thing; or (b) the thing has been abandoned; or (c) the thing has no value other than as evidence of the commission of an offence. Examples for subsection (5)(c) — blood, saliva, semen, hair, impressions, paint, glass, fibres, ballistic items, fire debris, vehicle identification plates, trace evidence’. 56 Amendment of s 387 (Removal of clothing for search) Section 387(1), from ‘outer clothing’— omit, insert — ‘outer clothing from the upper or lower part of the body.’. 57 Amendment of s 390 (If video cameras monitor place where person is searched) (1) Section 390(1), after ‘is searched’— insert — ‘( place of search )’. (2) Section 390(2)— renumber as section 390(3). (3) Section 390— insert — ‘(2) However, if, for safety or operational reasons, a video camera used to monitor the place of search can not be turned off without turning off a video camera used to monitor another place, the monitor for the video camera for the place of search must, if it is reasonably practicable, be turned off or used to monitor another place while the person is being searched.’.
48 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 58 Amendment of s 391 (Safeguards for directions or requirements) (1) Section 391(1), heading, and subsection (1)— omit, insert — ‘391 Safeguards for oral directions or requirements ‘(1) This section applies if a police officer gives someone an oral direction or makes an oral requirement under this Act.’. (2) Section 391(3), ‘a reasonable’— omit, insert — ‘a further reasonable’. 59 Insertion of new ch 11, pt 1, div 1, hdg Chapter 11, part 1, before section 396— insert — ‘Division 1 Persons in custody at watch-houses’. 60 Amendment of s 397 (Transfer of persons in watch-houses) (1) Section 397(c), (d) and (e)— renumber as section 397(d), (e) and (f). (2) Section 397— insert — ‘(c) to a court cell; or’. (3) Section 397— insert — ‘(2) In this section— court cell means a place attached to or near a court that is used for detaining prisoners of the court.
49 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Note — For the power to hold persons who are not prisoners of the court in a court cell, see the Corrective Services Act 2006 , section 310.’. 61 Insertion of new ch 11, pt 1, div 2 Chapter 11, part 1, after section 397— insert — ‘Division 2 Watch-house officer’s functions and powers ‘Subdivision 1 Functions ‘397A Functions of watch-house officers ‘(1) A watch-house officer has the functions and powers conferred on a watch-house officer by this Act. ‘(2) Subsection (1) applies subject to any directions of the commissioner or the watch-house manager for the watch-house and the terms of the person’s appointment that are consistent with any Act applicable to a watch-house officer. ‘(3) To remove doubt, it is declared that a watch-house officer is not taken to be a police officer merely because the watch-house officer has, under this chapter, some of the same functions and powers as a police officer. ‘(4) Also, this division does not limit the powers of a police officer to do something a police officer may otherwise do under this Act in relation to a person in custody at a watch-house.
50 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 ‘Subdivision 2 Powers for screening of entrants to watch-houses ‘397B Power to require reasons for entry to watch-houses ‘A watch-house officer may require an entrant to a watch-house to state the entrant’s reason for being in, or about to enter, the watch-house. ‘397C Use of electronic screening devices in watch-houses ‘(1) This section applies if the system for the security of a watch-house involves the use of 1 or more of the following electronic screening devices— (a) a walk-through detector; (b) an X-ray machine; (c) a hand held scanner. ‘(2) A watch-house officer may ask the entrant to do 1 or more of the following— (a) to walk through a walk-through detector; (b) to pass the entrant’s belongings through an X-ray machine; (c) to allow the watch-house officer to pass a hand held scanner in close proximity to the entrant; (d) to allow the watch-house officer to pass a hand held scanner in close proximity to the entrant’s belongings. ‘397D Watch-house officer may ask entrant to remove outer garment etc. ‘(1) This section applies if— (a) a watch-house officer reasonably considers it necessary to make a request under subsection (2) in relation to an entrant or the entrant’s belongings, whether or not the entrant or belongings have been subjected to electronic screening; and
51 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 (b) the watch-house officer tells the entrant the reasons for making the request. ‘(2) The watch-house officer may ask the person to do 1 or more of the following— (a) allow the watch-house officer to inspect the entrant’s belongings; (b) remove 1 or more outer garments worn by the entrant as stated by the watch-house officer and allow the watch-house officer to inspect the garments; (c) remove all articles from the entrant’s clothing and allow the watch-house officer to inspect them; (d) open an article for inspection and allow the watch-house officer to inspect it; (e) open a vehicle or a part of it for inspection and allow the watch-house officer to inspect it; (f) remove an article from the vehicle as specified by the watch-house officer and allow the watch-house officer to inspect it. ‘(3) A watch-house officer may touch a garment the entrant is wearing only if the watch-house officer is the same sex as the entrant. ‘(4) In this section— inspect , an article, includes handle the article, open it and examine its contents. ‘397E Direction by watch-house officer to leave watch-house ‘A watch-house officer may direct an entrant to leave a watch-house immediately, and to take the entrant’s belongings out of the watch-house, if the entrant fails— (a) to state the person’s reasons for being in or about to enter the watch-house; or (b) to allow a watch-house officer to exercise a power under section 397C or 397D.
52 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 ‘397F Seizure of proscribed things ‘A watch-house officer may seize a proscribed thing found in the possession of a person in a watch-house, unless the person is lawfully in possession of it in the course of the person’s trade, business or calling. ‘397G Refusal of entry to and removal from watch-house ‘(1) This section applies if a person fails to comply with a request made or a direction given under this subdivision or fails to satisfy a watch-house officer that the person has a good and lawful reason to be in a particular watch-house. ‘(2) If the person is in the watch-house, the watch-house officer may remove the person from the watch-house. ‘(3) If the person is about to enter the watch-house, the watch-house officer may prevent the person from entering the watch-house. ‘Subdivision 3 Powers relating to persons in custody in or reporting to watch-house ‘397H Watch-house officer may require person to state name and address ‘(1) Section 32, to the extent it applies to prescribed circumstances mentioned in section 33 that are circumstances in which a police officer may exercise a power under this Act in relation to a person at a watch-house applies to a watch-house officer in the same way as it applies to a police officer. 21 ‘(2) For section 32, a reference in section 33 to a police officer includes a reference to a watch-house officer. 21 Section 32 (Person may be required to state name and address), section 33 (Prescribed circumstances for requiring name and address)
143 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 (b) having regard to the circumstances known to the person, it is unjustifiable to continue to use the assumed name in a way that was, but may no longer be, authorised by the authority because of the variation or cancellation. ‘Division 5 Misuse of assumed identity and information ‘146ZO Misuse of assumed identity ‘(1) An authorised identity officer commits an offence if— (a) the official intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the officer’s authority; and (b) the official knows that, or is reckless as to whether, the acquisition or use is not— (i) in accordance with the officer’s authority; or (ii) in the course of duty. Maximum penalty—2 years imprisonment. ‘(2) An authorised civilian commits an offence if— (a) the person intentionally, knowingly or recklessly acquires evidence of, or uses, an assumed identity covered by the person’s authority; and (b) the person knows that, or is reckless as to whether, the acquisition or use is not in accordance with— (i) the person’s authority; or (ii) the directions of the person’s supervisor under the authority. Maximum penalty—2 years imprisonment. ‘(3) This section does not limit section 213. 50 50 Section 213 (Secrecy)
144 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 ‘146ZP Disclosing information about assumed identity ‘(1) A person commits an offence if— (a) the person intentionally, knowingly or recklessly discloses any information; and (b) the person knows that, or is reckless as to whether, the information reveals, or is likely to reveal, that an assumed identity acquired or used by another person is not the other person’s real identity; and (c) the person knows that, or is reckless as to whether, the disclosure is not made— (i) in connection with the administration or execution of this part; or (ii) for the purposes of any legal proceeding arising out of or otherwise related to this part or of any report of the proceedings; or (iii) in accordance with any requirement imposed by law. Maximum penalty—2 years imprisonment. ‘(2) A person commits a crime if the person commits an offence against subsection (1) in circumstances in which the person— (a) intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation or intelligence gathering in relation to misconduct; or (b) knows that, or is reckless as to whether, the disclosure of the information— (i) endangers or will endanger the health or safety of any person; or (ii) prejudices or will prejudice the effective conduct of an investigation or intelligence gathering in relation to misconduct. Maximum penalty—10 years imprisonment. ‘(3) This section does not affect section 213.
145 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 ‘Division 6 Reporting and record keeping ‘146ZQ Report about authorities for assumed identities etc. ‘(1) As soon as practicable after the end of each financial year, the chairperson must give to the parliamentary commissioner a written report containing the following information in relation to the commission for the financial year— (a) the number of authorities granted; (b) a general description of the activities undertaken by authorised persons when using assumed identities under this part; (c) the number of applications for an authority that were refused; (d) a statement about whether or not any fraud or other unlawful activity was identified by an audit under section 146ZS; (e) any other information relating to authorities, assumed identities or the administration of this part that the parliamentary commissioner considers appropriate. ‘(2) The report must not contain information that, if made public, could reasonably be expected to— (a) endanger a person’s safety; or (b) prejudice an investigation or prosecution; or (c) compromise any law enforcement agency’s operational activities or methodologies. ‘(3) The parliamentary commissioner must table a copy of the report in the Legislative Assembly within 14 sitting days after receiving the report. ‘(4) This section does not limit section 64. 51 51 Section 64 (Commission’s reports—general)
146 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 ‘146ZR Record keeping ‘(1) The chairperson must keep appropriate records about the commission’s operations under this part. ‘(2) The records must contain all of the following information about each authority granted under this part in relation to the commission— (a) the date on which the authority was granted and the name of the person who granted it; (b) if the authority was varied or cancelled under this part—the date it was varied or cancelled, and the name of the person who varied or cancelled it; (c) the name of the authorised person under the authority; (d) details of the assumed identity to which the authority relates; (e) details of any request made to an issuing agency under section 146ZB 52 in relation to the authority; (f) the general nature of the duties undertaken by the authorised person under the assumed identity; (g) general details of relevant financial transactions entered into using the assumed identity; (h) details of reviews of the authority under section 146X. 53 ‘146ZS Audit of records ‘(1) The chairperson must have the records kept under section 146ZR for each authority granted in relation to the commission audited by the parliamentary commissioner— (a) at least once every 6 months while the authority is in force; and (b) at least once in the 6 months after the cancellation or expiry of the authority. 52 Section 146ZB (Request for evidence of assumed identity) 53 Section 146X (Review of authority)
147 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 ‘(2) The parliamentary commissioner must give the chairperson a written report of the results of the audit. ‘Division 7 Delegation ‘146ZT Delegation generally ‘Other than as provided by this part, and despite any other Act or law to the contrary, the powers of the chairperson under this part may not be delegated to any other person. ‘146ZU Delegation—chairperson ‘(1) The chairperson may delegate any of the chairperson’s powers under this part relating to the following to an assistant commissioner— (a) the granting, variation and cancellation of authorities; (b) conducting reviews under section 146X; (c) authorising the making of an application to the independent member for a birth certificate approval for an assumed identity; (d) making requests under section 146ZB. ‘(2) Also, the chairperson may delegate to an authorised commission officer the chairperson’s power under section 146Y to apply to the independent member for authority to create a birth certificate for an assumed identity. ‘(3) No more than 4 delegations may be in force under this section at any time.’. 93 Amendment of s 255 (Secondment of officers) (1) Section 255(5)— renumber as section 255(6). (2) Section 255— insert —
148 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 ‘(5) Without limiting section 174(2), a police officer seconded to the commission under this section continues to be a police officer for all purposes and to have the functions and powers of a police officer without being limited to the performance of the commission’s functions. Example for subsection (5) — A police officer seconded to the commission may exercise the powers of a police officer under the Police Powers and Responsibilities Act 2000 for an investigation of alleged misconduct involving a relevant offence as defined in section 197ZI of that Act.’. 94 Amendment of s 381 (Transitional provisions for authorities for birth certificates) (1) Section 381(2), ‘an authority given under new section 146F’— omit, insert — ‘a birth certificate approval’. (2) Section 381(3)(a), ‘section 146G’— omit, insert — ‘section 146Z’. (3) Section 381— insert — ‘(4) Also, new section 146ZG applies in relation to the creation of the birth certificate as if the birth certificate had been created under new section 146Z.’. 95 Amendment of s 382 (Identity documents other than birth certificates) Section 382(2)— omit, insert — ‘(2) New sections 146ZF, 146ZH and 146ZI apply to the document as if it had been produced under a request under section 146ZB.’.
149 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 96 Amendment of sch 2 (Dictionary) Schedule 2— insert — ‘ acquire , for chapter 3, part 6B, div 1, see section 146Q. agency , for chapter 3, part 6B, div 1, see section 146Q. authorised civilian , for chapter 3, part 6B, div 1, see section 146Q. authorised identity officer , for chapter 3, part 6B, div 1, see section 146Q. authorised person , for chapter 3, part 6B, div 1, see section 146Q. authority , for chapter 3, part 6B, div 1, see section 146Q. birth certificate approval , for chapter 3, part 6B, div 1, see section 146Q. conduct , for chapter 3, part 6B, div 1, see section 146Q. doing a thing, for chapter 3, part 6B, div 1, see section 146Q. evidence , for chapter 3, part 6B, div 1, see section 146Q. government issuing agency , for chapter 3, part 6B, div 1, see section 146Q. issuing agency , for chapter 3, part 6B, div 1, see section 146Q. non-government issuing agency , for chapter 3, part 6B, div 1, see section 146Q. officer , for chapter 3, part 6B, div 1, see section 146Q. use , for chapter 3, part 6B, div 1, see section 146Q.’.
150 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Part 5 Amendment of Domestic and Family Violence Protection Act 1989 97 Act amended in part 5 This part amends the DomesticandFamilyViolenceProtection Act 1989 . 98 Amendment of s 47 (Service of application on respondent may be accompanied by summons) Section 47— insert — ‘(8) A summons under this section need not be issued if a police officer who makes an application for a protection order, issues and serves on the respondent a notice in the form of a notice to appear under the Police Powers and Responsibilities Act 2000. ‘(9) A notice mentioned in subsection (8)— (a) need not state an alleged offence as required under the Police Powers and Responsibilities Act 2000 ; and (b) is taken, for section 49, to be a summons.’. 99 Amendment of s 49 (Non-appearance of respondent) Section 49(1)(c), after ‘released from the’— insert — ‘holding cell or’. 100 Amendment of s 69 (Presence at domestic violence incident) (1) Section 69(2)(c), ‘watch-house manager’— omit, insert — ‘appropriate police officer’.
151 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 (2) Section 69(3), ‘watch-house manager’— omit, insert — ‘appropriate police officer’. 101 Replacement of s 70 (Duty of police officer who has taken a person into custody under s 69) Section 70— omit, insert — ‘70 Duty of police officer who has taken a person into custody under s 69 ‘(1) If a person is taken into custody under section 69(1), the police officer who took the person into custody must, as soon as reasonably practicable, deliver the person into the custody of— (a) the officer-in-charge of a police station at which there is a holding cell; or (b) a watch-house manager. ‘(2) If the person is taken to a holding cell at a police station, the officer-in-charge of the police station must ensure the person’s particulars are entered, as required under a regulation, in the register kept at the police station for the purpose. ‘(3) If the person is taken to a watch-house, the watch-house manager must ensure the person’s particulars are entered, as required under a regulation, in the register kept at the watch-house for the purpose. ‘(4) The person’s particulars must be entered in the relevant register as soon as possible after the person arrives at the police station or watch-house. ‘(5) The police officer who took the person to the relevant place must confirm the entry in the register relating to the person’s particulars by signing it.’.
152 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 102 Amendment of s 71 (Police officer must apply for protection order etc.) (1) Section 71(3)(d), ‘watch-house manager’— omit, insert — ‘appropriate police officer’. (2) Section 71(4), ‘watch-house manager’— omit, insert — ‘appropriate police officer’. 103 Amendment of s 75 (Entry of registers) Section 75(1)(b), after ‘and at the’— insert — ‘holding cell or’. 104 Amendment of sch (Dictionary) Schedule— insert — ‘ appropriate police officer means— (a) the officer in charge of a police station; or (b) a watch-house manager. holding cell means a cell at a police station or a police establishment other than a watch-house.’. Part 6 Amendment of Drugs Misuse Act 1986 105 Act amended in pt 6 This part amends the Drugs Misuse Act 1986 .
153 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 106 Insertion of new ss 122A–122C After section 122— insert — ‘122A Particular proceedings for minor drugs offences ‘(1) This section applies to a proceeding for an offence against this Act that is a minor drugs offence as defined in the PolicePowers and Responsibilities Act 2000 , schedule 4. ‘(2) However, this section applies only if the person charged with having committed the minor drugs offence pleads guilty to the offence. ‘(3) The court may, if the person is eligible under the PolicePowersandResponsibilitiesAct2000 , section 211 to be offered an opportunity to attend a drug diversion assessment program, order the person to attend, and complete, a drug diversion assessment program as directed by a police officer. ‘(4) Before making the order, the court must inform the defendant that if the court makes the order and the defendant fails to attend and complete the drug diversion assessment program, the defendant will be dealt with by the court as if the order had not been made. ‘(5) The court may also make any other order the court considers appropriate for ensuring the defendant’s attendance at the drug diversion assessment program, including an order requiring the provider of the drug diversion assessment program to give the court a report about the defendant’s attendance at and completion of the drug diversion assessment program. ‘(6) On the making of the orders under this section the proceeding against the defendant is adjourned until a date fixed by the court or a date to be fixed. ‘122B Provision of information to court ‘(1) If the court makes an order under section 122A and a police officer arranges for the defendant to attend a drug diversion assessment program, the police officer must inform the provider of the drug diversion assessment program that the
154 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 provider must, as required by the court’s order under section 122A, give the court a written report about— (a) the person’s attendance at, and completion of, the program; or (b) if the person failed to attend or complete the program—the person’s failure to attend or complete the program. ‘(2) The provider of the drug diversion program may give the court the report by filing the report with the court and giving a copy of the report to the commissioner. ‘(3) The commissioner must ensure a copy of the report is given to the prosecuting authority and the person’s lawyer. ‘(4) In this section— prosecuting authority means the entity responsible for prosecuting the charge of the minor drugs offence. ‘122C Further consideration of charge of minor drugs offence ‘(1) If, after considering a report filed under section 122B, the court is satisfied the defendant attended and completed the drug diversion assessment program as required under section 122A, the court must strike out the proceeding for the charge of the minor drugs offence. ‘(2) However, if the court is satisfied the defendant did not attend and complete the drug diversion assessment program as required under section 122A, the court may continue to hear the charge of the minor drugs offence and may make any order in relation to the offence the court considers appropriate.’.
155 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Part 7 Amendment of Evidence Act 1977 107 Act amended in pt 7 and references (1) This part amends the Evidence Act 1977 . (2) Also, a reference in this part to section 21G or 21KE is a reference to the section as inserted by the Cross-Border LawEnforcement Legislation Amendment Act 2005 , section 51. 108 Amendment of s 21G (Form of witness identity protection certificate) Section 21G(1), after ‘a proceeding must’— insert — ‘be in the approved form and’. 109 Amendment of s 21KE (Review of giving of witness identity protection certificate by police service) Section 21KE(3)(c)(iv)— renumber as section 21KE(3)(c)(ii). 110 Amendment of s 54 (Proof of identity of a person convicted) Section 54— insert — ‘(3) In this section— fingerprint means an image or impression of friction ridge detail from the palmar surface of a person’s hand and includes a digital image of the friction ridge detail from the palmar surface of a person’s hand.’.
156 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Part 8 Amendment of Police Service Administration Act 1990 111 Act amended in pt 8 This part amends the Police Service Administration Act 1990 . 112 Amendment of s 1.4 (Definitions) Section 1.4— insert— ‘ watch-house officer see section 4.9(6).’. 113 Amendment of s 4.9 (Commissioner’s directions) (1) Section 4.9(4)— renumber as section 4.9(5). (2) Section 4.9— insert — ‘(4) A direction issued under subsection (1) to officers about functions, powers or responsibilities that are also functions, powers or responsibilities of watch-house officers is taken to be also issued to watch-house officers.’. (3) Section 4.9— insert — ‘(6) In this section— watch-house officer means a staff member who is appointed by the commissioner to be a watch-house officer.’. 114 Insertion of new pt 5, div 1, hdg Part 5, before section 5.1—
157 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 insert — ‘Division 1 Officers and other police personnel’. 115 Insertion of new pt 5, div 2 Part 5, after section 5.17— insert — ‘Division 2 Watch-house officers ‘5.18 Appointment of watch-house officers ‘(1) This section applies if the commissioner proposes to appoint a person who is or is to become a staff member to be a watch-house officer. ‘(2) The commissioner may appoint the person only if the commissioner is satisfied the person has appropriate qualifications and experience for performing the functions of a watch-house officer. ‘(3) A person has appropriate qualities and experience for appointment as a watch-house officer only if the commissioner is satisfied the person— (a) has completed a course of training approved by the commissioner for the purpose; or (b) possesses appropriate qualifications, standing and experience for performing the functions of a watch-house officer. Note — Staff members are appointed under the PublicServiceAct1996 or section 8.3(5) and are not police officers. Also, this section does not affect the powers of the commissioner to appoint watch-house managers. For the definition watch-house manager , see the PolicePowers and Responsibilities Act 2000 , schedule 4. 116 Amendment of s 5A.2 (Definitions for pt 5A) Section 5A.2—
158 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 insert — ‘ analyst means a person who, under section 5A.4A, is appointed as an analyst. 54 ’. 117 Insertion of new s 5A.4A After section 5A.4— insert — ‘5A.4A Analysts ‘The Minister may, by gazette notice, appoint as an analyst for this part, a person the Minister is satisfied has appropriate qualifications, standing and experience to be an analyst for this part.’. 118 Amendment of sch (Relevant information) Schedule, entry for information about staff members, applicants to become staff members, volunteers and students on work experience, item 2, ‘in QPS’— omit, insert — ‘in a QPS’. Part 9 Other Acts amended 119 Acts amended in sch 2 Schedule 2 amends the Acts it mentions. 54 Section 5.4A (Analysts)
159 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Schedule 1 Minor amendments of PolicePowers and ResponsibilitiesAct 2000 section 3 1 Section 12(3), ‘proposed to be appointed’— omit . 2 Section 19(1)(d), ‘, 318D’— omit . 3 Section 21(1)(a) and (b), ‘; or’— omit, insert — ‘; and’. 4 Chapter 2, part 4, heading, ‘move-on’— omit, insert — ‘ move on ’. 5 Section 49(3), after ‘police establishment’— insert — ‘or police station’. 6 Section 49(4), ‘police establishment’— omit, insert — ‘place’. 7 Section 59LX(4)(a)— omit, insert—
160 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Schedule 1 (continued) ‘(a) the JuvenileJusticeAct1992 , section 260 does not apply to that order; and’. 8 Section 59LY(1), ‘an impounded motor vehicle’— omit, insert— ‘a motor vehicle impounded under this chapter’. 9 Section 68(1)(c), from ‘is to be’— omit, insert — ‘is or is to be impounded under chapter 2B or 11A. 55 ’. 10 Section 82, ‘ Example— ’— omit, insert — ‘ Examples —’. 11 Section 197ZI(3)(a)(ii), ‘by a’, second mention— omit . 12 Section 209(4), ‘ Example ’— omit, insert — ‘ Examples ’. 13 Section 230(1)(a), ‘an offence’— omit, insert — ‘a charge of an offence’. 55 Chapter 2B (Motor vehicle impounding powers for prescribed offences and motorbike noise direction offences) or 11A (Provisions about evading police officers)
161 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Schedule 1 (continued) 14 Section 243, heading, after ‘establishment’— insert — ‘or police station’. 15 Section 243, after ‘establishment’— insert — ‘or police station’. 16 Section 295(1), ‘a person, other than a child,’— omit, insert — ‘an adult’. 17 Section 296, ‘a person, other than a child,’— omit, insert — ‘an adult’. 18 Section 298(1), ‘a person other than a child’— omit, insert — ‘an adult’. 19 Section 318H(4), from ‘section 314’ to ‘or the results’— omit, insert — ‘section 315 or the results’. 20 Section 318ZF(6), definition reporting notice , from ‘sample notice’— omit, insert— ‘sample notice or non-medical examination notice.’.
162 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Schedule 1 (continued) 21 Section 347(1)(b), ‘officer’s’— omit, insert — ‘person’s’. 22 Section 367A(4), ‘subsection (4)’— omit, insert— ‘subsection (5)’. 23 Section 368, ‘ Example— ’— omit, insert — ‘ Examples —’. 24 Section 381, ‘Unless’— omit, insert — ‘(1) Unless’. 25 Section 447A, heading, ‘Assisting coroner to’— omit, insert — ‘ Helping coroner ’. 26 Section 447A(1), ‘assist’— omit, insert — ‘help’. 27 Section 448, ‘Assistance to’— omit, insert — ‘ Helping ’.
163 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Schedule 2 Other Acts amended section 119 Australian Crime Commission (Queensland) Act 2003 1 Section 29(9)(b), ‘he or she’— omit . 2 Section 62(a), ‘effect;’— omit, insert— ‘effect; and’. Cross-Border Law Enforcement Legislation Amendment Act 2005 1 Section 23, ‘ omit, ’— omit . 2 Section 28, new section 500(3), ‘1197ZZH’— omit, insert — ‘197ZZH’. 3 Section 30(1), after ‘ entity,’— insert — ‘ listening device ,’.
164 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Schedule 2 (continued) 4 Schedule 1, item 15, ‘; and’— omit, insert — ‘; or’. 5 ‘16A Schedule 1, after item 16— insert — Schedule 4, definition relevant person , paragraphs (c), (d) and (e), ‘; and’— omit, insert— ‘; or’. Police Powers and Responsibilities (Motorbike Noise) Amendment Act 2005 1 Section 28(1), after ‘ prescribed offence ’— insert — ‘, relevant court ’. Summary Offences Act 2005 1 Section 28(2), example, ‘ Example— ’— omit, insert — ‘ Note— ’. 2 Part 4, heading, ‘and amendments’— omit .
165 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Schedule 2 (continued) Tow Truck Act 1973 1 Section 4, definition seized , from ‘section 60’ to ‘of that Act’— omit, insert — ‘section 59Y because of section 59Z(d) or (e) of that Act’. Weapons Act 1990 1 Section 37, after ‘serial number’— insert — ‘, if any’. 2 Section 104(5)(b), ‘the specified’— omit, insert — ‘on the specified’. 3 Section 105(3)(b), ‘the specified’— omit, insert — ‘on the specified’. 4 Section 106(1)(b), ‘loss of life’— omit, insert — ‘death’.
166 Police Powers and Responsibilities and Other Acts Amendment Act 2006 No. 26, 2006 Schedule 2 (continued) 5 Section 106(4)(b), ‘the specified’— omit, insert — ‘on the specified’. 6 Section 185, second occurrence— renumber as section 186. 7 Schedule 2, definition category M crossbow , ‘ (Categories) ’— omit, insert — ‘ Categories ’. © State of Queensland 2006
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