The Parliament of Queensland enacts—
This Act may be cited as the Australian Crime Commission (Queensland) and Other Legislation Amendment Act 2016 .
The following provisions commence immediately after the commencement of the Australian Crime Commission Amendment (National Policing Information) Act 2016 (Cwlth)—(a)part 2;(b)schedule 1, amendments of the Child Protection (Offender Reporting) Act 2004 , Police Powers and Responsibilities Regulation 2012 and Police Service Administration Act 1990 ;(c)schedule 1, amendments 8 to 11 of the Police Powers and Responsibilities Act 2000 .
This part amends the Australian Crime Commission (Queensland) Act 2003 .
4Amendment of s 11 (Quorum at Board meetings)
Section 11, ‘7 Board members’—
omit, insert—9 Board members
This part amends the Fire and Emergency Services Act 1990 .
After section 58C—
insert—58DPower to require information about identity of occupier
(1)This section applies if a person alleges to an authorised fire officer, or an authorised fire officer reasonably suspects, a contravention of this Act or the Building Act 1975 , chapter 7 or 7A has been committed in relation to premises.(2)An authorised fire officer may require any of the following persons to give the authorised fire officer information that will identify or help identify an occupier of the premises—(a)a government entity;(b)an occupier of the premises;(c)a person who may reasonably be expected to give the information.(3)A person must comply with a requirement under subsection (2), unless the person has a reasonable excuse for not complying.Maximum penalty—20 penalty units.
(4)If the person is an individual, it is a reasonable excuse for the person not to comply with a requirement under subsection (2) if complying with the requirement might tend to incriminate the person.
This part amends the Police Powers and Responsibilities Act 2000 .See also the amendments in schedule 1.
8Amendment of s 32 (Prescribed circumstances for searching vehicle without warrant)
Section 32(a), after ‘weapon’—
insert—, knife
Sections 35 and 36—
omit, insert—35Use of detection dogs in particular places
(1)A handler may, without warrant, use a drug detection dog to carry out drug detection in relation to a relevant person or thing.(2)A handler may, without warrant, use a firearms and explosives detection dog to carry out explosives detection in relation to a relevant person or thing.(3)This section applies despite any other law.(4)In this section—relevant person or thing means—(a)a person who is in a public place; or(b)a person who is in the immediate vicinity of, is about to enter, is in, or is leaving, a place at which an event is being held; or(c)a person who is about to enter, is in, or is leaving, licensed premises; or(d)a person who is about to enter, is in, or is leaving, a tattoo parlour; or(e)a thing in a place mentioned in paragraph (a), (b), (c) or (d), or on land associated with the place, whether or not the thing is in the physical possession of a person.36Police officers and detection dogs may enter and remain on particular places
(1)For carrying out drug detection under section 35(1), a drug detection dog, the drug detection dog’s handler and any other police officer may enter and remain on a relevant place.(2)For carrying out explosives detection under section 35(2), a firearms and explosives detection dog, the firearms and explosives detection dog’s handler and any other police officer may enter and remain on a relevant place.(3)For subsections (1) and (2), the power to enter and remain on a relevant place includes power to enter and remain on land associated with the relevant place.Example of land associated with a relevant place—
land on which car parking is provided for patrons of the relevant place(4)This section applies despite any other law.(5)In this section—relevant place means—(a)a public place; or(b)a place at which an event is being held; or(c)licensed premises; or(d)a tattoo parlour.
After section 365—
insert—365A Arrest without warrant upon instruction of another police officer
(1)It is lawful for a police officer (the arresting officer), without warrant, to arrest a person if instructed to do so by another police officer (the instructing officer).(2)However, subsection (1) does not apply unless—(a)the instructing officer reasonably suspects the person has committed or is committing an offence; and(b)the arrest of the person is reasonably necessary for 1 or more of the reasons mentioned in section 365(1) or the reason mentioned in section 365(2); and(c)if the person is a child—it is lawful for the instructing officer to arrest the child under section 365(3); and(d)it is not practicable for the instructing officer to personally arrest the person; and(e)it is not practicable, because of an emergency situation or other particular circumstances, for the arresting officer to personally form the suspicion mentioned in section 365(1), (2) or (3) and to lawfully arrest the person under section 365(1), (2) or (3).(3)If a person is arrested under subsection (1), the instructing officer must—(a)make a record of the instruction and the reasons under subsection (2) for giving the instruction; and(b)take reasonable steps to give a copy of the record to the arresting officer.(4)Also, the instructing officer must inform the arresting officer at the earliest reasonable opportunity if the instructing officer stops holding the suspicion mentioned in subsection (2)(a).(5)A failure to give a copy of the record mentioned in subsection (3)(b) to the arresting officer does not affect the lawfulness of the arrest.(6)In this section—emergency situation see the Public Safety Preservation Act 1986 , schedule.
11Amendment of s 391 (Information to be given to arrested person)
Section 391(3)—
omit, insert—(3)Before the person is released from police custody, a police officer must give the person, in writing—(a) the name, rank and station of the arresting officer; and(b) if the person was arrested under section 365A(1)—the name, rank and station of the instructing officer.
13Insertion of new ch 24, pt 15
Chapter 24—
insert—Part 15 Transitional provision for Australian Crime Commission (Queensland) and Other Legislation Amendment Act 2016
(1)If the context permits, a reference to the CrimTrac database in a document may be taken to be a reference to the ACC database.(2)Anything lawfully included under this Act or another Act, before the commencement, in the CrimTrac database is taken to be lawfully included in the ACC database and may be used under this Act or another Act.
14Amendment of sch 6 (Dictionary)
(1)Schedule 6, definitions CrimTrac, CrimTrac database and explosives or firearms detection dog—
omit.(2)Schedule 6—
insert—ACC database means a database kept by the ACC containing information about the results of DNA analyses.firearms and explosives detection dog means a dog trained to detect firearms or explosives.(3)Schedule 6, definition enforcement act, paragraph (a)(ii) —
omit, insert—(ii)by using a firearms and explosives detection dog to carry out explosives detection under chapter 2, part 3;(4)Schedule 6, definition enforcement act, paragraphs (b)(iii) and (c)(iii) —
omit, insert—(iii)by using a firearms and explosives detection dog to carry out explosives detection under chapter 2, part 3;(5)Schedule 6, definition search—
omit, insert—search—(a)includes frisk search a person; and(b)does not include the use of a drug detection dog to carry out drug detection under chapter 2, part 3, even if the drug detection dog physically intrudes onto a person or the clothing of a person; and(c)does not include the use of a firearms and explosives detection dog to carry out explosives detection under chapter 2, part 3, even if the firearms and explosives detection dog physically intrudes onto a person or the clothing of a person.
This part amends the Weapons Act 1990 .
16Amendment of s 51 (Possession of a knife in a public place or a school)
Section 51(7)—
insert—public place includes a vehicle that is in or on a public place.
17Amendment of s 57 (Particular conduct involving a weapon in a public place prohibited)
Section 57(1)—
insert—public place includes a vehicle that is in or on a public place.
Schedule 1 amends the legislation it mentions.
section
1Schedule 2, definition government entity dog, examples, second dot point, ‘explosives detection dog’—
omit, insert—firearms and explosives detection dog
omit, insert—(d)the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7;
1Section 34, definition detection dog, paragraph (b), ‘an explosives detection dog’—
omit, insert—a firearms and explosives detection dog
2Section 34, definition explosives detection, ‘an explosives detection dog’—
omit, insert—a firearms and explosives detection dog
3Section 34, definition explosives detection, ‘the explosives detection dog’—
omit, insert—the firearms and explosives detection dog
4Section 35(2), ‘an explosives detection dog’—
omit, insert—a firearms and explosives detection dog
5Section 36(2), ‘an explosives detection dog’—
omit, insert—a firearms and explosives detection dog
6Sections 36(2), ‘the explosives detection dog’s handler’—
omit, insert—the firearms and explosives detection dog’s handler
7Section 39, ‘an explosives detection dog’—
omit, insert—a firearms and explosives detection dog
omit, insert—to the ACC
9Section 492(1), ‘CrimTrac database for the purpose of CrimTrac’—
omit, insert—ACC database for the purpose of the ACC
omit, insert—the ACC
11Sections 493, 526, 527, 528, 529, 532 and 533, ‘CrimTrac database’—
omit, insert—ACC database
1Section 13(1), ‘CrimTrac database’—
omit, insert—ACC database
omit, insert—the ACC database
1Section 1.4, definition CrimTrac—
omit.
insert—ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Cwlth), section 7.
3Sections 10.2AA, definition relevant agency, 10.2BA(1)(a), 10.2G, definition IPSP, paragraph (a) and 10.2S, definition approved agency, paragraph (a), ‘CrimTrac’—
omit, insert—the ACC
omit.
omit, insert—the ACC
© State of Queensland 2016