An Act to amend the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, the Crime and Corruption Act 2001, the Criminal Code, the Domestic and Family Violence Protection Act 2012, the Police Powers and Responsibilities Act 2000, the Prostitution Act 1999, the Public Safety Preservation Act 1986, the Weapons Act 1990, the Weapons Categories Regulation 1997 and the Weapons Regulation 2016 for particular purposes
The Parliament of Queensland enacts—
This Act may be cited as the Police Powers and Responsibilities and Other Legislation Amendment Act 2019.
Part 2 Amendment of Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004
This part amends the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.
3Amendment of s 51B (Access information for storage devices)
(1)Section 51B, heading, ‘storage’—
omit, insert—digital
(2)Section 51B(2), ‘storage’—
omit, insert—digital
(3)Section 51B(2)(b)—
omit, insert—(b)give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; or(4)Section 51B(2)(c)(i) and (ii), ‘the information stored on’—
omit, insert—device information from
(5)Section 51B(2)(c)(iii) and (iv), ‘information stored on’—
omit, insert—device information from
(6)Section 51B(10), definitions access information, storage device and stored—
omit.(7)Section 51B(10)—
insert—access information, for a digital device, means information necessary for a person to access or read device information from the device.userid, username, passcode, passworddevice information, from a digital device, means—(a)information stored on the device; or(b)information accessed, communicated or distributed by using the device, including by using an application on the device.•images stored on a computer•location data stored on or sent from a mobile phone•emails or text messages sent from a smart phone•messages or videos distributed from a social media application on a tablet computerdigital device—(a)means a device on which information may be stored or accessed electronically; and(b)includes a computer, memory stick, portable hard drive, smart phone and tablet computer.
4Insertion of new pt 7, div 6
Part 7—
insert—Division 6 Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2019
In this division—amending Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2019.former section 51B means section 51B as in force from time to time before it was amended by part 2 of the amending Act.Former section 51B continues to apply, as if part 2 of the amending Act had not commenced, in relation to a requirement imposed under former section 51B(2) before the commencement.94Declaratory provision about effect of amending Act
(1)This section applies for deciding, after the commencement, a matter to which former section 51B applies.(2)The amendment of former section 51B by the amending Act is to be disregarded.
Part 3 Amendment of Crime and Corruption Act 2001
This part amends the Crime and Corruption Act 2001.
6Amendment of s 85A (Definitions for part)
(1)Section 85A, definitions access information, specified person, storage device and stored—
omit.(2)Section 85A—
insert—access information, for a digital device, means information necessary for a person to access or read device information from the device.userid, username, passcode, passworddevice information, from a digital device, means—(a)information stored on the device; or(b)information accessed, communicated or distributed by using the device, including by using an application on the device.•images stored on a computer•location data stored on or sent from a mobile phone•emails or text messages sent from a smart phone•messages or videos distributed from a social media application on a tablet computerdigital device—(a)means a device on which information may be stored or accessed electronically; and(b)includes a computer, memory stick, portable hard drive, smart phone and tablet computer.specified person—1A specified person, in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, means any of the following persons—(a)a person reasonably suspected of having committed an offence for which the search warrant is or was issued;(b)the owner of the device;(c)a person in possession of the device;(d)an employee of the owner or person in possession of the device;(e)a person who uses or has used the device;(f)a person who is or was a system administrator for the computer network of which the device forms or formed a part.2A person mentioned in any of paragraphs (1)(a) to (e) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the digital device.3A person mentioned in paragraph (1)(f) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the computer network of which the device forms or formed a part.
7Amendment of s 88A (Order in search warrant about information necessary to access information stored electronically)
(1)Section 88A, heading, from ‘information necessary’—
omit, insert—device information from digital device
(2)Section 88A(1), from ‘storage device’ to ‘access,’—
omit, insert—digital device
(3)Section 88A(1)(b) and (c)—
omit, insert—(b)give a commission officer access information for the device or any assistance necessary for the officer to gain access to device information from the device;(c)allow a commission officer to—(i)use access information for the device to gain access to device information from the device; or(ii)examine device information from the device to find out whether the information may be relevant evidence; or(iii)make a copy of device information from the device that may be relevant evidence, including by using another digital device; or(iv)convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a commission officer.(4)Section 88A(2), from ‘, if the storage’ to ‘subsection (1)(b) or (c)’—
omit, insert—a specified person is required to do a thing mentioned in subsection (1)(b) or (c) in relation to a digital device seized and removed from the place,
(5)Section 88A(3)(a), after ‘assistance’—
insert—mentioned in subsection (1)(b)
(6)Section 88A(3)—
insert—(d)that failure to comply with the order may be dealt with under the Criminal Code, section 205A.
8Amendment of s 88B (Order for access information after storage device has been seized)
(1)Section 88B, heading—
omit, insert—(2)Section 88B(1)(a), ‘storage’—
omit, insert—digital
(3)Section 88B(1)(b)(ii), ‘information stored on’—
omit, insert—device information from
(4)Section 88B(4)(a), after ‘assistance’—
insert—mentioned in section 88A(1)(b)
(5)Section 88B(4)(d), ‘, without reasonable excuse,’—
omit.(6)Section 88B(5), ‘information stored on the storage device’—
omit, insert—device information from the digital device
9Amendment of s 88C (Compliance with order about information necessary to access information stored electronically)
(1)Section 88C, heading, from ‘information necessary’—
omit, insert—device information from digital device
(2)Section 88C, from ‘ground’—
omit, insert—basis that complying with the order might tend to incriminate the person or expose the person to a penalty.
10Insertion of new ch 8, pt 17
Chapter 8—
insert—In this part—amending Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2019.former, in relation to a provision, means as in force from time to time before the provision was amended by part 3 of the amending Act.455Particular applications or orders made before commencement
(1)This section applies in relation to—(a)an application for an order under former section 88A or 88B that was made but not decided before the commencement; or(b)an order made before the commencement under former section 88A or 88B to the extent a power under the order was not exercised before the commencement.(2)Each of the following may happen under the former section as if part 3 of the amending Act had not commenced—(a)a proceeding relating to the application or order may be continued or decided;(b)a power under the order mentioned in subsection (1)(b) may be exercised.456Declaratory provision about effect of amending Act
(1)This section applies for deciding, after the commencement, a matter to which a provision of former chapter 3, part 2 applies.(2)The amendment of the former provision by the amending Act is to be disregarded.
11Amendment of sch 2 (Dictionary)
(1)Schedule 2, definitions specified person, storage device and stored—
omit.(2)Schedule 2—
insert—device information, from a digital device, for chapter 3, part 2, see section 85A.digital device, for chapter 3, part 2, see section 85A.specified person, in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, for chapter 3, part 2, see section 85A.
Part 4 Amendment of Criminal Code
This part amends the Criminal Code.
13Amendment of s 205A (Contravening order about information necessary to access information stored electronically)
(1)Section 205A, heading, from ‘information necessary’—
omit, insert—device information from digital device
(2)Section 205A, ‘who contravenes’—
omit, insert—who, without reasonable excuse, contravenes
(3)Section 205A—
insert—(2)It is not a reasonable excuse to contravene the order on the basis that complying with the order might tend to incriminate the person or expose the person to a penalty.
After section 742—
insert—Chapter 101 Transitional provision for Police Powers and Responsibilities and Other Legislation Amendment Act 2019
(1)Former section 205A continues to apply, as if part 4 of the amending Act had not commenced, in relation to an offence against the section committed before the commencement.(2)In this section—amending Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2019.former section 205A means section 205A as in force from time to time before it was amended by part 4 of the amending Act.
Part 5 Amendment of Domestic and Family Violence Protection Act 2012
This part amends the Domestic and Family Violence Protection Act 2012.
16Amendment of s 134A (Power to give direction)
(1)Section 134A—
insert—(4A)Subsection (6) applies if the police officer gives a direction under subsection (4) and the person is to be transported by a police officer to the other location.(4B)Before the person is transported to the other location, the police officer may—(a)search the person for anything in the person’s possession that may be used to cause harm to the person or another person; andSee the Police Powers and Responsibilities Act 2000, chapter 20, part 3 for safeguards that apply to a search under this paragraph.(b)if, during the search, the police officer finds a thing mentioned in paragraph (a)—direct the person to leave the thing at the person’s current location before being transported to the other location; and(c)if, during the search, the police officer finds a thing the officer reasonably suspects is evidence of the commission of an offence—seize the thing.(4C)A thing seized under subsection (6)(c) is, for the Police Powers and Responsibilities Act 2000, section 622, taken to have been seized under that Act.See also the Police Powers and Responsibilities Act 2000, chapter 21, part 3.(2)Section 134A(5)(b)(ii)—
omit, insert—(ii)how the person is to move to the other location, including that a police officer will remain in the presence of the person; and(iii)that the person may be searched before moving to the other location; and(iv)that the person may be directed to leave, at the person’s current location, anything found in the search that may be used to cause harm to the person or another person; and(v)that anything found in the search may be seized if the officer reasonably suspects the thing may be evidence of the commission of an offence;(3)Section 134A(1) and (5), ‘subsection (2) or (4)’—
omit, insert—subsection (2), (4) or (6)(b)
(4)Section 134A(6), ‘subsection (5)’—
omit, insert—subsection (8)
(5)Section 134A(7), ‘subsection (6)’—
omit, insert—subsection (9)
(6)Section 134A(4A) to (7)—
renumber as section 134A(5) to (10).
17Amendment of s 169H (Who may give or receive information on behalf of entity)
Section 169H(3)(b), ‘a police officer’—
omit, insert—a police officer or a staff member of the police service under the Police Service Administration Act 1990
Part 6 Amendment of Police Powers and Responsibilities Act 2000
This part amends the Police Powers and Responsibilities Act 2000.
19Amendment of s 19 (General power to enter to make inquiries, investigations or serve documents)
Section 19(2), note, ‘section 59’—
omit, insert—part 3A, division 2
20Amendment of s 21B (Power to inspect storage devices for the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004)
(1)Section 21B(6), definition storage device—
omit.(2)Section 21B, ‘storage’—
omit, insert—digital
21Amendment of s 41 (Prescribed circumstances for requiring name and address)
(1)Section 41(m)—
omit.(2)Section 41(n) to (p)—
renumber as section 41(m) to (o).
22Amendment of s 42 (Power for age-related offences and for particular motor vehicle related purposes)
(1)Section 42(1)(c)(vii)—
omit.(2)Section 42(1)(c)(viii)—
renumber as section 42(1)(c)(vii).
23Amendment of ch 2, pt 6A (Prevention of criminal consorting)
Chapter 2, part 6A, note after part heading, ‘section 41(p)’—
omit, insert—section 41(o)
24Amendment of s 106A (Offence to modify, sell or dispose of motor vehicle subject to vehicle production notice)
Section 106A(1), from ‘an vehicle production’—
omit, insert—a vehicle production notice.
25Replacement of s 119 (Voluntary transfer of ownership of motorbike to State)
Section 119—
omit, insert—119Voluntary transfer of ownership of motor vehicle to State
(1)This section applies to a motor vehicle that is—(a)impounded under this chapter and held at a holding yard; or(b)a motorbike the subject of an application for an impounding order or a forfeiture order, released to the owner of the motorbike before the application is decided.(2)Despite another section of this chapter, the owner of the motor vehicle may agree to transfer ownership of the motor vehicle to the State.(3)The agreement must be written and witnessed by a person who may witness a statutory declaration.(4)If the commissioner agrees in writing to the transfer of the motor vehicle—(a)the following end—(i)the impoundment period for the motor vehicle;(ii)the application for the impounding order or forfeiture order; and(b)the motor vehicle becomes the property of the State; and(c)the commissioner may sell or dispose of the motor vehicle and anything in or on it in the way the commissioner considers appropriate.
26Amendment of s 121 (Application of proceeds of sale)
(1)Section 121(1), ‘118A or 120’—
omit, insert—118A, 119 or 120
(2)Section 121(2)(d), ‘section 118’—
omit, insert—section 118 or 119
27Insertion of new ch 7, pt 1A
Chapter 7, before part 1—
insert—In this chapter—access information, for a digital device, means information necessary for a person to access or read device information from the device.userid, username, passcode, passworddevice information, from a digital device, means—(a)information stored on the device; or(b)information accessed, communicated or distributed by using the device, including by using an application on the device.•images stored on a computer•location data stored on or sent from a mobile phone•emails or text messages sent from a smart phone•messages or videos distributed from a social media application on a tablet computerdigital device—(a)means a device on which information may be stored or accessed electronically; and(b)includes a computer, memory stick, portable hard drive, smart phone and tablet computer.specified person—1A specified person, in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, or for which a crime scene is or was established, means any of the following persons—(a)a person reasonably suspected of having committed an offence for which the search warrant is or was issued, or the crime scene is or was established;(b)the owner of the device;(c)a person in possession of the device;(d)an employee of the owner or person in possession of the device;(e)a person who uses or has used the device;(f)a person who is or was a system administrator for the computer network of which the device forms or formed a part.2A person mentioned in any of paragraphs (1)(a) to (e) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the digital device.3A person mentioned in paragraph (1)(f) is a specified person only if the person has, or is likely to have, knowledge about how to gain access to the computer network of which the device forms or formed a part.
28Amendment of s 150AA (Definitions)
Section 150AA, definitions control order property, employee, issuer, relevant evidence and warrant evidence or property—
relocate to section 149A as inserted by this Act.
29Omission of s 150AA (Definitions)
Section 150AA, as amended by this Act—
omit.
30Amendment of s 154 (Order in search warrant about information necessary to access information stored electronically)
(1)Section 154, heading, from ‘information necessary’—
omit, insert—device information from digital device
(2)Section 154(1), from ‘storage device’ to ‘access,’
omit, insert—digital device
(3)Section 154(1)(a) and (b)—
omit, insert—(a)give a police officer access to the device;(b)give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device;(c)allow a police officer to—(i)use access information for the device to gain access to device information from the device; or(ii)examine device information from the device to find out whether the information may be relevant evidence; or(iii)make a copy of device information from the device that may be relevant evidence, including by using another digital device; or(iv)convert device information from the device that may be relevant evidence into documentary form, or another form, that enables the information to be understood by a police officer.(4)Section 154(2), from ‘, if the storage’ to ‘subsection (1)(a) or (b)’—
omit, insert—a specified person is required to do a thing mentioned in subsection (1)(b) or (c) in relation to a digital device seized and removed from the place,
(5)Section 154(3)(a), after ‘assistance’—
insert—mentioned in subsection (1)(b)
(6)Section 154(3)(b), ‘and assistance’—
omit, insert—or assistance
(7)Section 154(3)—
insert—(d)that failure to comply with the order may be dealt with under the Criminal Code, section 205A.
31Amendment of s 154A (Order for access information after storage device has been seized)
(1)Section 154A, heading—
omit, insert—(2)Section 154A(1)(a), ‘storage’—
omit, insert—digital
(3)Section 154A(1)(b)(ii), ‘information stored on’—
omit, insert—device information from
(4)Section 154A(2), ‘section 154(1)(a) or (b)’—
omit, insert—section 154(1)(b) or (c)
(5)Section 154A(3)(b), before ‘judge—’—
insert—Supreme Court
(6)Section 154A(4)(a), after ‘assistance’—
insert—mentioned in section 154(1)(b)
(7)Section 154A(4)(d), ‘, without reasonable excuse,’—
omit.(8)Section 154A(5), ‘information stored on the storage device’—
omit, insert—device information from the digital device
32Amendment of s 154B (Compliance with order about information necessary to access information stored electronically)
(1)Section 154B, heading, from ‘information necessary’—
omit, insert—device information from digital device
(2)Section 154B, from ‘ground’—
omit, insert—basis that complying with the order might tend to incriminate the person or expose the person to a penalty.
33Amendment of s 156 (What search warrant must state)
Section 156(3), ‘, without reasonable excuse,’—
omit.
34Amendment of s 178A (Order for access information for a storage device at or seized from a crime scene)
(1)Section 178A, heading—
omit, insert—178A Order about digital device at or seized from a crime scene
(2)Section 178A(1), from ‘access information’ to ‘storage device’—
omit, insert—order requiring a specified person to do a thing mentioned in subsection (2) in relation to a digital device
(3)Section 178A—
insert—(1A)The specified person may be required to—(a)give a police officer access to the device; or(b)give a police officer access information for the device or any assistance necessary for the officer to gain access to device information from the device; or(c)allow a police officer to—(i)use access information for the device to gain access to device information from the device; or(ii)examine device information from the device to find out whether the information may be evidence of the commission of a crime scene threshold offence; or(iii)make a copy of device information from the device that may be evidence of the commission of a crime scene threshold offence, including by using another digital device; or(iv)convert device information from the device that may be evidence of the commission of a crime scene threshold offence into documentary form, or another form, that enables the information to be understood by a police officer.(4)Section 178A(2), (3) and (4), ‘access information’—
omit.(5)Section 178A(2), ‘information stored on the storage device’—
omit, insert—device information from the digital device
(6)Section 178A(3)(a), from ‘the police officer’ to ‘assistance’—
omit, insert—a police officer the information or assistance mentioned in subsection (2)(b)
(7)Section 178A(3)(b), ‘and assistance’—
omit, insert—or assistance
(8)Section 178A(5)—
omit.(9)Section 178A(1A) to (4)—
renumber as section 178A(2) to (5).
35Replacement of s 178B (Compliance with access information order)
Section 178B—
omit, insert—178B Compliance with order about device information from digital device
A person is not excused from complying with an order made under section 178A(1) on the basis that complying with the order might tend to incriminate the person or expose the person to a penalty.
36Amendment of s 224 (Authorised controlled activities)
Section 224(1)(b)(i)—
omit, insert—(i)the police officer communicating with the person in any way, whether on 1 or more occasions;
37Amendment of s 274 (Delegation—commissioner)
Section 274(a) and (b)—
omit, insert—(a)a deputy commissioner of the police service; or(b)an assistant commissioner of the police service; or(c)the detective chief superintendent responsible for Statewide crime operations.
38Amendment of s 332 (What a surveillance device warrant authorises)
(1)Section 332(2)(c)(i), after ‘on premises’—
insert—, or in or on a vehicle,
(2)Section 332(2)(c)(ii), from ‘onto the premises’ to ‘those premises,’—
omit, insert—onto the premises, or into the vehicle, mentioned in subparagraph (i), or onto other premises adjoining or providing access to those premises or that vehicle,
39Amendment of s 378 (Additional case when arrest for being intoxicated in a public place may be discontinued)
Section 378(3)(c)—
omit.
40Omission of s 378A (Additional case when arrest may be discontinued to take person to sober safe centre)
Section 378A—
omit.
41Omission of ch 14, pt 5, div 1, hdg (General provisions)
Chapter 14, part 5, division 1, heading—
omit.
42Omission of ch 14, pt 5, div 2 (Sober Safe Centre Trial)
Chapter 14, part 5, division 2—
omit.
43Amendment of s 442 (Application of ch 16)
(1)Section 442(ca)—
omit.(2)Section 442(cb) to (d)—
renumber as section 442(d) to (f).
44Amendment of s 602F (Extended police banning notice)
(1)Section 602F(4)(e)—
omit.(2)Section 602F(4)(f) to (h)—
renumber as section 602F(4)(e) to (g).
45Amendment of s 718 (Order for forfeiture of particular relevant things)
(1)Section 718(1)—
omit.(2)Section 718(2), ‘the relevant thing’—
omit, insert—a relevant thing, after it has been in the possession of the police service for at least 30 days,
(3)Section 718(5), ‘Subsections (3) and (4)’—
omit, insert—Subsections (2) and (3)
(4)Section 718(2) to (6)—
renumber as section 718(1) to (5).
46Amendment of s 784 (Voluntary transfer of ownership of motor vehicle to State)
Section 784(4), ‘State agrees’—
omit, insert—commissioner agrees
47Amendment of s 808A (Annual report about use of device inspection powers)
Section 808A(3), ‘storage’—
omit, insert—digital
48Amendment of sch 3 (Relevant offences for chapter 13 disclosure of information provisions)
Schedule 3, section 11, ‘section 71(1), (2), (3) or (4)’—
omit, insert—section 71(1), (2), (3), (4), (5) or (6)
49Insertion of new ch 24, pt 18
Chapter 24—
insert—Part 18 Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2019
In this part—amending Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2019.former, in relation to a provision, means as in force from time to time before the provision was amended by part 6 of the amending Act.885Particular applications or orders made before commencement
(1)This section applies in relation to—(a)an application for an order under former section 21B, 154, 154A or 178A that was made but not decided before the commencement; or(b)an order made before the commencement under former section 21B, 154, 154A or 178A to the extent a power under the order was not exercised before the commencement.(2)Each of the following may happen under the former section as if part 6 of the amending Act had not commenced—(a)a proceeding relating to the application or order may be continued or decided;(b)a power under the order mentioned in subsection (1)(b) may be exercised.886Declaratory provision about effect of amending Act
(1)This section applies for deciding, after the commencement, a matter to which any of the following provisions applies—(a)former section 21B;(b)former chapter 7, part 1;(c)former chapter 7, part 3, division 3.(2)The amendment of the former provision by the amending Act is to be disregarded.887Saving of operation of s 390P
The repeal of former section 390P does not affect the protection from liability for a health care professional under the provision for an act done, or omission made, by the professional before the commencement.
50Amendment of sch 6 (Dictionary)
(1)Schedule 6, definitions access information, centre officer, control order property, employee, health care professional, issuer, manager, premises (both entries), prescribed safe night precinct, relevant evidence, responsible person, sober safe centre, specified person, storage device, stored and warrant evidence or property—
omit.(2)Schedule 6—
insert—access information, for a digital device, for chapter 7, see section 149A.control order property, for chapter 7, see section 149A.device information, from a digital device, for chapter 7, see section 149A.digital device see section 149A.employee, for chapter 7, see section 149A.issuer, for chapter 7, see section 150(7).premises—(a)for chapter 13, see section 322; or(b)otherwise, includes—(i)a building or structure, or part of a building or structure, of any type; and(ii)a group of buildings or structures, or part of a group of buildings or structures, of any type; and(iii)the land or water where a building or structure, or a group of buildings or structures, is situated; and(iv)a vehicle or a caravan; and(v)a tent or cave; and(vi)premises held under 2 or more titles or owners.relevant evidence, for chapter 7, see section 149A.specified person, in relation to a digital device at, or seized from, a place for which a search warrant is or was issued, or for which a crime scene is or was established, for chapter 7, see section 149A.warrant evidence or property, for chapter 7, see section 149A.(3)Schedule 6, definitions body art tattooing business, detection dog and tattoo parlour, ‘ch 2, pt 3’—
omit, insert—chapter 2, part 3
Part 7 Amendment of Prostitution Act 1999
This part amends the Prostitution Act 1999.
52Amendment of s 8 (Who is ineligible for a brothel licence)
Section 8, before the note—
insert—(2)However, subsection (1)(f) and (g) does not apply if the licence or other authority under this Act or a corresponding law, or the certificate or other authority under this Act or a corresponding law, was automatically cancelled for failure to pay a fee.
53Amendment of s 26 (Investigating disciplinary action)
Section 26(2), ‘officer’—
omit, insert—official
54Amendment of s 34 (Who is ineligible for a certificate)
Section 34—
insert—(2)However, subsection (1)(f) and (g) does not apply if the licence or other authority under this Act or a corresponding law, or the certificate or other authority under this Act or a corresponding law, was automatically cancelled for failure to pay a fee.
55Amendment of s 52 (Investigating disciplinary action)
Section 52(2), ‘authorised officer’—
omit, insert—authorised official
56Omission of pt 3, div 3 (Powers of entry)
Part 3, division 3—
omit.
After section 58—
insert—59Meaning of authorised officer
An authorised officer is any of the following—(a)a police officer of at least the rank of inspector;(b)a police officer authorised by a police officer of at least the rank of inspector to exercise enforcement powers;(c)a staff member authorised under section 60 by the executive director to exercise enforcement powers.60Executive director may authorise staff member to exercise enforcement powers
(1)The executive director may authorise an appropriately qualified staff member, or a class of appropriately qualified staff members, to exercise enforcement powers.(2)The executive director must issue an identity card to a staff member authorised under subsection (1).(3)The identity card must—(a)contain a recent photograph of the staff member; and(b)be in a form approved by the executive director.(4)If the staff member stops being authorised under subsection (1), the staff member must, as soon as practicable, return the staff member’s identity card to the executive director.Maximum penalty—25 penalty units.
61Production of authorised officer’s identity card
(1)In exercising an enforcement power in relation to a person in the person’s presence, an authorised officer must—(a)produce the authorised officer’s identity card for the person’s inspection before exercising the power; or(b)have the identity card displayed so it is clearly visible to the person when exercising the power.(2)However, if it is not practicable to comply with subsection (1), the authorised officer must produce the identity card for the person’s inspection at the first reasonable opportunity.(3)For subsection (1), an authorised officer does not exercise an enforcement power in relation to a person only because the authorised officer has entered premises as mentioned in section 61A(1)(c).(4)Also, subsections (1) and (2) do not apply to an authorised officer who, after entering premises as mentioned in section 61A(1)(c), exercises a power under section 61C(2)(d) or (f) at the premises.An authorised officer may enter premises while the premises are open for business and covertly film a thing in the premises.61AEntry of premises by authorised officer
(1)An authorised officer may at any reasonable time enter premises that are a licensed brothel, or that the authorised officer suspects on reasonable grounds are being used for prostitution, if—(a)the occupier of the premises consents to the entry; or(b)the entry is authorised by a warrant; or(c)the premises are open for business or otherwise open for entry.(2)This section does not confer a power to enter premises or a part of premises used only for residential purposes without the occupier’s consent or the authority of a search warrant.(3)Before asking for the consent of an occupier, an authorised officer must—(a)explain to the occupier the purpose of the entry, including the powers intended to be exercised; and(b)tell the occupier that—(i)the occupier is not required to consent; and(ii)the consent may be given subject to conditions and may be withdrawn at any time.(4)If premises are entered under subsection (1)(a) or (c) by a police officer who is not of at least the rank of inspector the police officer must be specifically authorised in writing for the particular entry.(1)An authorised officer may apply to a magistrate for a warrant for a place.(2)The application must—(a)be sworn; and(b)set out the grounds on which the warrant is sought.(3)The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.The magistrate may require that additional information supporting the application be given by a statutory declaration.(4)The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—(a)there is a particular thing (the evidence) that may provide evidence of the commission of an offence against this Act; and(b)the evidence is, or may be within the next 7 days, at the place.(5)The warrant must state—(a)that the authorised officer is authorised, with assistance and force that may be necessary and reasonable—(i)to enter the place; and(ii)to exercise enforcement powers; and(b)the evidence for which the warrant is issued; and(c)the hours of the day when entry may be made; and(d)the day, within 14 days after the warrant’s issue, on which the warrant stops having effect.61CAuthorised officer’s general powers in premises
(1)After entering premises under this division, an authorised officer may exercise a power mentioned in subsection (2) only if—(a)the occupier of the premises consents to the exercise of the power; or(b)the entry was authorised by a warrant.(2)The authorised officer may—(a)search any part of the premises; or(b)if entry was authorised by a warrant—seize the evidence for which the warrant was issued; or(c)seize a thing if the authorised officer believes on reasonable grounds—(i)the thing is evidence of the commission of an offence against this Act; and(ii)the seizure is necessary to prevent—(A)the concealment, loss or destruction of the thing; or(B)the use of the thing in committing, continuing or repeating an offence against this Act; or(d)inspect, examine, record, photograph or film anything in or on the premises; or(e)take extracts from, or make copies of, any documents in or on the premises; or(f)take into or onto the premises any person, equipment and materials that the authorised officer reasonably requires for the purpose of exercising any powers in relation to the premises.61DProcedure after thing seized
(1)As soon as practicable after a thing is seized by an authorised officer, the authorised officer must give a receipt for it to the person from whom it was seized.(2)The authorised officer must allow a person who would be entitled to the seized thing if it were not in the authorised officer’s possession—(a)to inspect it; or(b)if it is a document—to take extracts from it or make copies of it.(3)The authorised officer must return the seized thing to the person at the end of—(a)12 months; or(b)if a proceeding for an offence, or a disciplinary proceeding, involving it is started within 12 months—the proceeding for the offence and any appeal from the proceeding.(4)Despite subsection (3), the authorised officer must return the seized thing to the person if the authorised officer is satisfied that—(a)its retention as evidence is no longer necessary; and(b)its return is not likely to result in its use in repeating the offence.61EPower to require production of documents
(1)An authorised officer may require a person, by written notice given to the person, to produce to the authorised officer, at a reasonable time and place stated in the notice, any documents the authorised officer believes, on reasonable grounds—(a)the person has possession or control of; and(b)are relevant to the administration or enforcement of this Act.(2)An authorised officer may require the person to give the authorised officer reasonable assistance in relation to the exercise of the power mentioned in subsection (1).(3)A person must not, without reasonable excuse, fail to comply with a requirement made under subsection (1) or (2).Maximum penalty—50 penalty units.
(4)It is a reasonable excuse for a person to fail to produce a document, other than a document required to be kept by the person under this Act, on the basis that producing the document might tend to incriminate the person or expose the person to a penalty.(5)An authorised officer may examine the document and—(a)make a copy of, or take an extract from, the document; or(b)if the authorised officer considers, on reasonable grounds, it is necessary to remove the document to examine or copy it—remove the document from the person’s possession or control.(6)Subsection (7) applies if a document removed under subsection (5) is—(a)a record made and kept under this Act; or(b)an accounting record or other record about a business conducted under a brothel licence.(7)The authorised officer must permit, at all reasonable times, a person who, if the record had not been removed, would be entitled to inspect the record or make additions to the record to—(a)inspect the record; and(b)make additions to the record.(8)An authorised officer who has removed a document under subsection (5) must, as soon as is practicable after the removal—(a)examine and, if the authorised officer considers it necessary, copy the document; and(b)return the document to the person from whom it was removed.61FAuthority to be given particulars after entry
As soon as practicable after an authorised officer enters premises under section 61A, or enters a place under a warrant issued under section 61B, the authorised officer must give the Authority the particulars in relation to the entry prescribed by regulation.61GObstructing authorised officer
(1)A person must not obstruct an authorised officer exercising an enforcement power, or someone helping an authorised officer exercising an enforcement power, unless the person has a reasonable excuse.Maximum penalty—60 penalty units.
(2)If a person has obstructed an authorised officer, or someone helping an authorised officer, and the authorised officer decides to proceed with the exercise of the enforcement power, the authorised officer must warn the person that—(a)it is an offence to cause an obstruction unless the person has a reasonable excuse; and(b)the authorised officer considers the person’s conduct an obstruction.(3)In this section—obstruct includes assault, hinder, resist, attempt to obstruct and threaten to obstruct.
58Amendment of s 65 (Application to Magistrates Court)
Section 65(1), ‘authorised officer’—
omit, insert—authorised official
59Amendment of s 71 (Rescission of declaration)
Section 71(1)(d), ‘authorised officer’—
omit, insert—authorised official
60Amendment of s 78 (Brothel offences)
(1)Section 78(1)(c)—
omit.(2)Section 78—
insert—(2A)A person who is a licensee or an approved manager of a licensed brothel must not provide prostitution at the brothel in contravention of any condition or restriction of a licence or a certificate.Maximum penalty—20 penalty units.
(3)Section 78(1)(d)—
renumber as section 78(1)(c).(4)Section 78(2A) and (3)—
renumber as section 78(3) and (4).
61Omission of s 84 (Complying with police requirement)
Section 84—
omit.
62Amendment of s 111 (Licence and certificate register)
Section 111(2)(a)—
omit, insert—(a)free of charge, by the police service, an authorised officer, an agency of government prescribed by regulation or an authorised official of a relevant local government; or
63Amendment of s 132 (Evidentiary provision)
Section 132(2) and (3), ‘or an authorised officer’—
omit, insert—, an authorised officer or an authorised official
64Amendment of s 133 (Disclosure of information)
(1)Section 133(3), definition official—
insert—(fa)an authorised officer; or(2)Section 133(3), definition official, paragraph (g), ‘officer’—
omit, insert—official
(3)Section 133(3), definition official, paragraphs (fa) and (g)—
renumber as paragraphs (g) and (h).
65Renumbering of s 164 (Application of Act to application for variation not decided before commencement)
Section 164, first occurrence—
renumber as section 163A.
66Renumbering of pt 9, div 8 (Provisions for Planning (Consequential) and Other Legislation Amendment Act 2016)
Part 9, division 8, second occurrence—
renumber as part 9, division 9.
67Insertion of new pt 9, div 10
Part 9—
insert—Division 10 Provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2019
168Proceedings for particular offences
(1)This section applies in relation to an offence against former section 78(1)(c) or former section 84 committed by a person before the commencement.(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Police Powers and Responsibilities and Other Legislation Amendment Act 2019, sections 60 and 61 had not commenced.(3)Subsection (2) applies despite the Criminal Code, section 11.(4)In this section—former, in relation to a provision, means as in force from time to time before the provision was amended by the Police Powers and Responsibilities and Other Legislation Amendment Act 2019.
68Amendment of sch 4 (Dictionary)
(1)Schedule 4, definition authorised officer of a relevant local government—
omit.(2)Schedule 4—
insert—authorised officer see section 59.authorised official of a relevant local government means an officer of the relevant local government who is authorised in writing by the local government for this Act.enforcement power means a power under part 3A, division 2.occupier, of premises, includes the following—(a)if there is more than 1 person who apparently occupies the premises—any 1 of the persons;(b)any person at the premises who is apparently acting with the authority of a person who apparently occupies the premises;(c)if no-one apparently occupies the premises—any person who is an owner of the premises.
Part 8 Amendment of Public Safety Preservation Act 1986
This part amends the Public Safety Preservation Act 1986.
70Amendment of s 8AZE (Power to require access information)
(1)Section 8AZE, heading, ‘information’—
omit, insert—information or assistance
(2)Section 8AZE(1)(a) and (6), ‘storage’—
omit, insert—digital
(3)Section 8AZE(1)(b)—
omit, insert—(b)an emergency situation officer can gain access to device information from the device only with access information for the device or other assistance; and(4)Section 8AZE(1)(c), ‘an emergency’—
omit, insert—the emergency
(5)Section 8AZE(1)(c), after ‘access information’—
insert—or assistance
(6)Section 8AZE(2)—
omit, insert—(2)The emergency situation officer may require the person to give the officer—(a)the access information for the digital device; or(b)any assistance necessary for the officer to gain access to device information from the device.(7)Section 8AZE(5), ‘that complying’—
omit, insert—on the basis that complying with the requirement
71Amendment of s 8AZF (What power to search or seize a storage device includes)
(1)Section 8AZF, heading, ‘storage’—
omit, insert—digital
(2)Section 8AZF, ‘that is a storage device’—
omit, insert—that is a digital device
(3)Section 8AZF(a), (b) and (d), ‘storage’—
omit.(4)Section 8AZF(a), (b) and (d), ‘information stored on’—
omit, insert—device information from
(5)Section 8AZF(c), from ‘another device’ to ‘a device’—
omit, insert—another digital device to make a copy of device information from the device, or send the information to another digital device
72Amendment of s 8PAB (Power to require access information)
(1)Section 8PAB, heading, ‘information’—
omit, insert—information or assistance
(2)Section 8PAB(1)(a) and (6), ‘storage’—
omit, insert—digital
(3)Section 8PAB(1)(b)—
omit, insert—(b)a terrorist emergency officer can gain access to device information from the device only with access information for the device or other assistance; and(4)Section 8PAB(1)(c), ‘a terrorist’—
omit, insert—the terrorist
(5)Section 8PAB(1)(c), after ‘access information’—
insert—or assistance
(6)Section 8PAB(2)—
omit, insert—(2)The terrorist emergency officer may require the person to give the officer—(a)the access information for the digital device; or(b)any assistance necessary for the officer to gain access to device information from the device.(7)Section 8PAB(5), ‘that complying’—
omit, insert—on the basis that complying with the requirement
73Amendment of s 8PAC (What power to search or seize a storage device includes)
(1)Section 8PAC, heading, ‘storage’—
omit, insert—digital
(2)Section 8PAC, ‘that is a storage device’—
omit, insert—that is a digital device
(3)Section 8PAC(a), (b) and (d), ‘storage’—
omit.(4)Section 8PAC(a), (b) and (d), ‘information stored on’—
omit, insert—device information from
(5)Section 8PAC(c), from ‘another device’ to ‘a device’—
omit, insert—another digital device to make a copy of device information from the device, or send the information to another digital device
74Amendment of s 47C (Use of particular evidence in proceedings)
(1)Section 47C(1)(a), from ‘in relation’ to ‘storage’—
omit, insert—for a digital
(2)Section 47C(1)(b), from ‘particular’ to ‘device’—
omit, insert—particular device information from the digital device (the prescribed information)
After section 50—
insert—Part 5 Transitional provisions for Police Powers and Responsibilities and Other Legislation Amendment Act 2019
In this part—amending Act means the Police Powers and Responsibilities and Other Legislation Amendment Act 2019.former, in relation to a provision, means as in force from time to time before the provision was amended by part 8 of the amending Act.(1)Former sections 8AZE and 8AZF continue to apply, despite the commencement of part 8 of the amending Act, in relation to a requirement imposed under former section 8AZE(2) before the commencement.(2)Former sections 8PAB and 8PAC continue to apply, despite the commencement of part 8 of the amending Act, in relation to a requirement imposed under former section 8PAB(2) before the commencement.53Declaratory provision about effect of amending Act
(1)This section applies for deciding, after the commencement, a matter to which a provision of former part 2 or 2A applies.(2)The amendment of the former provision by the amending Act is to be disregarded.
76Amendment of schedule (Dictionary)
(1)Schedule, definitions access information, storage device and stored—
omit.(2)Schedule—
insert—access information, for a digital device, means information necessary for a person to access or read device information from the device.userid, username, passcode, passworddevice information, from a digital device, means—(a)information stored on the device; or(b)information accessed, communicated or distributed by using the device, including by using an application on the device.•images stored on a computer•location data stored on or sent from a mobile phone•emails or text messages sent from a smart phone•messages or videos distributed from a social media application on a tablet computerdigital device—(a)means a device on which information may be stored or accessed electronically; and(b)includes a computer, memory stick, portable hard drive, smart phone and tablet computer.
Part 9 Amendment of Weapons Act 1990
This part amends the Weapons Act 1990.
78Amendment of s 28 (Suspension of licence by giving suspension notice)
Section 28(2)(c)(ii), ‘30 days’—
omit, insert—90 days
After section 70—
insert—70AObligations of armourers when modifying firearm to become different category of weapon
(1)This section applies if a person asks a licensed armourer to modify a firearm so that the firearm becomes a different category of weapon (the new weapons category).(2)Before modifying the firearm, the licensed armourer must be satisfied the person holds a licence authorising the person to possess a firearm in the new weapons category.Maximum penalty—100 penalty units.
80Amendment of s 71 (Licensed dealers and armourers to keep register)
(1)Section 71(2) and (5), ‘under a’—
omit, insert—by
(2)Section 71—
insert—(3A)A licensed armourer must, for each modification of a firearm under section 70A, enter immediately in the weapons register the particulars prescribed by regulation.Maximum penalty—20 penalty units or 6 months imprisonment.
(3B)A licensed armourer must notify an authorised officer in the approved form of each modification of a firearm under section 70A within 14 days after the modification happens.Maximum penalty—20 penalty units or 6 months imprisonment.
(3)Section 71(5), ‘subsection (4)’—
omit, insert—subsection (6)
(4)Section 71(3A) to (6)—
renumber as section 71(4) to (8).
81Amendment of s 132 (Conditions for concealable firearms licence)
Section 132(1)(d) and (e)—
omit, insert—(d)a weapon with a magazine capacity of more than 10 rounds.
82Amendment of sch 2 (Dictionary)
(1)Schedule 2, definition magazine—
omit.(2)Schedule 2—
insert—detachable magazine, in relation to a weapon, means a receptacle for holding ammunition, that can be detached from the weapon, from which ammunition is loaded into the chamber of the weapon.integral magazine, in relation to a weapon, means a receptacle for holding ammunition, that can not be easily removed from the weapon, from which ammunition is loaded into the chamber of the weapon.magazine, in relation to a weapon, means—(a)a detachable magazine; or(b)an integral magazine.magazine capacity, of a weapon, means the maximum number of rounds of ammunition of a particular calibre that are designed to be held in—(a)if the weapon has an integral magazine—the integral magazine; and(b)if the weapon has a detachable magazine—the detachable magazine.
Part 10 Amendment of Weapons Categories Regulation 1997
This part amends the Weapons Categories Regulation 1997.
84Omission of s 1A (Definition)
Section 1A—
omit.
85Amendment of s 3 (Category B weapons)
Section 3(1)(f), ‘not greater’—
omit, insert—not more
86Amendment of s 4 (Category C weapons)
Section 4, ‘no greater’—
omit, insert—of not more
87Amendment of s 5 (Category D weapons)
Section 5, ‘greater’—
omit, insert—more
Part 11 Amendment of Weapons Regulation 2016
This part amends the Weapons Regulation 2016.
89Amendment of s 8 (Additional particulars to accompany application for licence)
(1)Section 8, from ‘prescribed’ to ‘follows’—
omit, insert—the following particulars for each firearm owned by the applicant are prescribed
(2)Section 8(a), from ‘each’—
omit, insert—the firearm;
(3)Section 8(b)—
omit, insert—(b)the chamber capacity and magazine capacity of the firearm;
90Amendment of s 24 (Prohibition on possession of particular magazine for category H weapons)
(1)Section 24, heading, from ‘magazine’—
omit, insert—detachable magazines
(2)Section 24(2)—
omit, insert—(2)The holder must not possess a detachable magazine for the weapon that is capable of holding more than 10 rounds of ammunition.Maximum penalty—10 penalty units.
91Replacement of s 34 (Prohibition on possession of magazine for particular category B weapons)
Section 34—
omit, insert—34Prohibition on possession of particular detachable magazines
(1)This section applies to the holder of a firearms licence who is the registered owner of a category B weapon held under the licence.(2)The holder must not possess a detachable magazine for the weapon that is capable of holding more than—(a)for a weapon that has a lever action but is not a lever action shotgun, or has a pump action—10 rounds of ammunition; or(b)for a weapon that is a repeating centre fire rifle—15 rounds of ammunition.Maximum penalty—10 penalty units.
(3)However, subsection (2) does not apply in relation to a detachable magazine for a category B weapon if—(a)a condition of the firearms licence authorises the holder to possess the magazine; or(b)the holder is the registered owner of a category D or R weapon, held by the holder under another licence, in which the magazine may be lawfully used.
92Amendment of s 37 (Conditions of minor’s licence)
(1)Section 37(1)(c) and (d)—
omit, insert—(c)a category H weapon with a magazine capacity of more than 10 rounds;(2)Section 37(1)(e)—
renumber as section 37(1)(d).(3)Section 37(2), ‘subsection (1)(e)’—
omit, insert—subsection (1)(d)
93Amendment of s 57 (Other particulars licensed dealer or licensed armourer to enter in weapons register)
Section 57(1)(c)—
omit, insert—(c)the chamber capacity and magazine capacity of the weapon.
94Amendment of s 59 (Particulars to be entered in collection register kept by licensed collector)
Section 59(1)(c)—
omit, insert—(c)the chamber capacity and magazine capacity of the weapon;
95Amendment of s 103 (Information licensed dealer involved in acquisition of weapon to give to authorised officer)
Section 103(1)(e)—
omit, insert—(e)the chamber capacity and magazine capacity of the weapon.
96Amendment of s 104 (Information particular persons who have sold or otherwise disposed of weapon to give authorised officer)
Section 104(1)(e)—
omit, insert—(e)the chamber capacity and magazine capacity of the weapon;
97Amendment of s 161 (Handgun shooting competition that is prescribed to be an accredited event)
Section 161(a), ‘magazine with a maximum capacity’—
omit, insert—magazine capacity
© State of Queensland 2019